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Case 1:12-cv-07530-GBD Document 7

Filed 11/06/12 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, Plaintiff, -againstAny and All Funds on Deposit at JPMorgan Chase Account Number 61442003 Held in the Name of CIA Minera Aurifera Santa Rosa SA, AKA COMARSA, et. al, DefendantsIn-Rem. Civil Action No. 12-CV-7530 (GBD)

MEMORANDUM OF LAW IN SUPPORT OF UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE CLAIM CIA Minera Aurifera Santa Rosa SA (COMARSA), named holder of two of the Defendants in rem, pursuant to Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, ), by and through its undersigned counsel, respectfully submits this memorandum of law in support of its motion for an extension to file any claim(s) to December 7, 2012. In support thereof, counsel states as follows: 1. On October 9, 2012, the United States filed a Verified Complaint in the above-

captioned in rem action, pursuant to 18 U.S.C. 981(a)(1)(A) and 21 U.S.C. 881(a)(6), against any and all funds in twelve separate bank accounts, including two held in the name of COMARSA, specifically: a. JP Morgan Chase, Account Number 61442003 (COMARSA Account-1), b. Banco De Comercio (Peru) Account Number 110020258939, (COMARSA Account-2).

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2.

On October 10, 2012, the United States Attorneys Office for the Southern

District of New York published a press release announcing the Verified Complaint. 3. To this date, neither undersigned counsel nor COMARSA have been served by

the United States with the Verified Complaint and notice of the action as required by Rule G. See Supplemental Rule G(4)(b). In general, the time to file a claim is governed by the date of service, pursuant to 18 U.S.C. 983(a)(4)(A), which provides for no less than thirty days from that date. See also Supplemental Rule G(5). For reference, thirty days from the date of the Verified Complaint in this matter is November 9, 2012. 4. The Court may extend the time for filing a claim for good cause. Supplemental

Rule G(5)(a)(ii). 5. Counsel for COMARSA have been in communication with Paul Monteleoni, the

assigned Assistant United States Attorney, concerning the status of this matter. 6. As a result of these discussions, COMARSA and the United States entered into a

stipulation that was signed by this Court on October 26, 2012, that will enable COMARSA to continue to use COMARSA Account-1 for its legitimate business operations going forward. 7. Undersigned counsel believes that further discussions between COMARSA and

the United States will may lead to additional agreements on discovery, schedure or otheraspects of this matter. 8. As such, COMARSA requests an extension until December 7, 2012, to file its

claims, to allow for additional time for discussions between COMARSA and the United States to occur.

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9.

This motion is the first request for an extension of time, and the granting of this

motion will not prejudice any party to this case. Undersigned counsel has conferred with AUSA Monteleoni, who has advised that this motion may be filed as unopposed. For the reasons set forth above and any others appearing to the Court, COMARSA, by and through undersigned counsel, respectfully requests that the Court grant its motion and extend the time to file a claim(s) to December 7, 2012. Dated: November 7, 2012 Respectfully submitted, /s/ Abbe David Lowell___ Abbe David Lowell CHADBOURNE & PARKE, LLP 30 Rockefeller Plaza New York, NY 10112 Tel: 212.408.5100 Fax: 646.710.8050 alowell@chadbourne.com Counsel for CIA Minera Aurifera Santa Rosa SA

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CERTIFICATE OF SERVICE I, Abbe David Lowell, an attorney admitted to this Court, hereby certify that on this 6th day of November 2012, I caused a true and correct copy of the Memorandum of Law in Support of the Unopposed Motion for an Extension of Time to File Claim to be served via the CM/ECF system upon Preet Bharara, United States Attorney for the Southern District of New York, Sarah E. Paul, Assistant United States Attorney, Paul Monteleoni, Assistant United States Attorney, and Robert Cleary, attorney for potential claimants. /s/ Abbe David Lowell___ Abbe David Lowell CHADBOURNE & PARKE, LLP 30 Rockefeller Plaza New York, NY 10112 Tel: 212.408.5100 Fax: 646.710.8050 alowell@chadbourne.com Counsel for CIA Minera Aurifera Santa Rosa SA

Served Upon: Preet Bharara Sarah E. Paul Paul Monteleoni United States Attorney Office, S.D.N.Y. One St. Andrews Plaza New York, NY 100017 (212) 637-2219 Attorneys for Plaintiff United States of America Robert J. Cleary Proskauer Rose LLP Eleven Times Square New York, NY 10036 Telephone: (212) 969-3000 Attorney for potential claimants