UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

IN RE: APPROXIMATELY $321,810.00 IN U.S. CURRENCY

(CATS NO. 22-DEA-690869)

_______________________________________________________/

UNITED STATES OF AMERICA’S MOTION FOR ENLARGEMENT OF TIME TO 

FILE CIVIL FORFEITURE COMPLAINT OR 

TO ALLEGE CRIMINAL FORFEITURE

Pursuant to 18 U.S.C. § 983(a)(3)(A), the United States of America (the “United States”) 

files this Motion for Enlargement of Time to File Civil Forfeiture Complaint or to Allege Criminal 

Forfeiture (“Motion”). In support of this Motion, the United States alleges as follows:

1. On or about April 14, 2022, the Drug Enforcement Administration (“DEA”) agents 

seized $321,810.00 in United States Currency (“Seized Cash”).

2. DEA assigned CATS No. 22-DEA-690869 to the Seized Cash, initiated 

administrative forfeiture proceedings, and sent written notices of seizure to potential claimants in 

accordance with 18 U.S.C. § 983(a)(1)(A). 

3. On July 8, 2022, Leonardo David Ojeda Ruiz1 (“Ojeda”) filed a claim to the Seized 

Cash, and DEA subsequently referred this matter to the U.S. Attorney’s Office for the Southern 

District of Florida. 

4. On July 12, 2022, Luis Pernia Diaz2 (“Pernia” and, collectively with Ojeda, the 

“Claimants”) filed a claim to the Seized Cash, and DEA subsequently referred this matter to the 

U.S. Attorney’s Office for the Southern District of Florida.

1. Leonardo Ojeda Ruiz is represented by Jay A. White, Esq., who is identified as Mr. Ojeda Ruiz’s counsel on the 

claimant form.

2. Luis Pernia Diaz is represented by Dara Sandau, Esq., who is identified as Mr. Pernia Diaz’s counsel on the claimant 

form.

Case 1:22-mc-23249-UNA Document 1 Entered on FLSD Docket 10/06/2022 Page 1 of 3
2

5. The time has expired for any person to file a claim to the Seized Cash under 

18 U.S.C. § 983(a)(2)(A)-(E). No other person has filed a claim to the property as required by 

law in the nonjudicial civil forfeiture proceeding.

6. Pursuant to 18 U.S.C. § 983(a)(3), within 90 days after a claim is filed, the United 

States is required to file a civil forfeiture complaint or obtain a criminal indictment containing an 

allegation that the property is subject to forfeiture. Ninety days from July 8, 2022, yields a 

deadline of October 6, 2022, for Ojeda’s claim, and ninety days from July 12, 2022, yields a 

deadline of October 10, 2022, for Pernia’s claim. However, the Court may extend the period for 

filing a civil forfeiture complaint for good cause shown or upon agreement of the Claimants and 

the United States (collectively, the “Parties”).

7. The United States seeks an extension of both deadlines by approximately 45 days, 

up to and including November 20, 2022.

8. Claimant Ojeda, through his counsel, Jay A. White, Esq., has knowingly, 

intelligently, and voluntarily agreed to give up any right it may have under 18 U.S.C. § 

983(a)(3)(A)-(C) to require the United States to file a complaint for forfeiture against the property 

and/or to obtain an indictment alleging that the property is subject to forfeiture no later than

October 6, 2022, and any right Ojeda may have to seek dismissal of any complaint and/or any 

indictment on the ground that it was not filed or returned on or before October 6, 2022. 

9. Claimant Pernia opposes the relief sought herein, as relayed by his counsel, Dara 

Sandau, Esq., to the undersigned Assistant United States Attorney. 

10. There is good cause to extend the deadlines from October 6, 2022, and October 10, 

2022, to November 20, 2022, as the requested extension would afford the Parties time to potentially 

Case 1:22-mc-23249-UNA Document 1 Entered on FLSD Docket 10/06/2022 Page 2 of 3
3

resolve this matter without litigation and, to the extent necessary, gather additional information 

beyond that submitted by the Claimants in their respective original claims. This is the first 

enlargement of time being sought in this matter.

WHEREFORE, the United States respectfully requests that the Court grant this motion and 

provide that the United States will have through and including November 20, 2022, to file a civil 

forfeiture complaint against $321,810.00 in United States Currency (CATS No. 22-DEA-690869),

or to allege criminal forfeiture of such property. A proposed order is attached.

LOCAL RULE 7.1 CERTIFICATION

Pursuant to Local Rule 7.1, I hereby certify that the undersigned counsel has conferred

with Ojeda’s counsel, Jay A. White, Esq., via e-mail on October 5, 2022, and Ojeda has no 

objection to the relief sought herein. Pursuant to Local Rule 7.1, I hereby certify that the 

undersigned counsel has conferred with Pernia’s counsel, Dara Sandau, Esq., via e-mail on 

October 5 and 6, 2022, and Pernia has an objection to the relief sought herein. 

Respectfully submitted,

JUAN ANTONIO GONZALEZ

UNITED STATES ATTORNEY

By: s/ Annika M. Miranda 

Annika M. Miranda

 Assistant United States Attorney

 Florida Bar No. 64975

 99 N.E. 4th Street, 7th Floor

 Miami, Florida 33132-2111

 Telephone: (305) 961-9303

 Facsimile: (305) 536-4089

 annika.miranda@usdoj.gov

Case 1:22-mc-23249-UNA Document 1 Entered on FLSD Docket 10/06/2022 Page 3 of 3