Whether a third-party nominee of a criminal defendant can challenge property forfeiture based on the defendant's criminal conduct when the third party's property interest derives from their relationship with the criminal defendant

No question identified. : To The Honorable Justices of the Supreme Court of the United States Pursuant to Rule 30.3 of this Court, Petitioner respectfully requests a 60-day extension of time, to and including February 29, 2024, within which to file a petition for writ of certiorari to review the judgment of the Fourth Circuit Court of Appeals. Absent an extension, Petitioner’s petition would be due 90-days from the final judgment from the Fourth Circuit Court of Appeals, which is December 31, 2023. Basis for Jurisdiction in the Supreme Court This Court has jurisdiction to grant an application for a writ of certiorari in this case pursuant to Art. ITI, Sec. 2, Clause 2, as Petitioner seeks review of a judgment of the United States Fourth Circuit Court of Appeals. Opinion and Order On October 2, 2023, the Fourth Circuit Court of Appeals entered an order denying Petitioner’s case and subsequently timely filed Petition for Rehearing. See United States v. Ilana Bangiyev, Case No. 22-1066 (4th Cir. Oct. 2, 2023). Judgment Sought to be Reviewed The Court’s review is warranted to resolve significant issues of law on which the decision below departs from this Court’s precedents and highlights a split among the circuits. This Petitioner stems from the ancillary proceeding of a Third-Party Ilana Bangiyev in a criminal case of United States v. Bangiyev, et. al., Crim. No. 1:14cr-206, 2017 WL 3599640, (E.D. Va. Aug. 18, 2017) in the Eastern District of Virginia. Petitioner filed a timely Notice of Appeal to the Fourth Circuit and was denied relief on October 2, 2023. The circuit court’s decision raises questions and illumines a circuit split regarding the forfeiture. First, there is a split on the test used to identify the type of property eligible for the forfeiture. Second, there is a distinction regarding whether a party of a nominee of a criminal defendant, whose interest in the property derived from the relationship with the criminal defendant, is found to be an alter ego. Last, there is a split regarding the implications of state law. These issues require resolution by this honorable Court. Reasons for Extension of Time The additional time is warranted due to significant professional obligations in pending appellate matters and the need to consult and obtain documentary evidence. The legal issues in the case require coordination between counsel and Petitioner. Moreover, a comprehensive analysis of the circuit splits will preserve judicial economy and aid in the adjudication of this Petition. Petitioner believes an extension will result in no prejudice to Respondent. CONCLUSION Petitioner’s request is intended to ensure that Petitioner and counsel have adequate opportunity to discuss the merits of their claim, retrieve and review all appellate documents, and provide complete and effective assistance of counsel. Respectfully submitted, ~RKobert L. Sirianni, Jr., Esquire Counsel of Record BROWNSTONE, P.A. P.O. Box 2047 Winter Park, Florida 32790-2047 (0) 407-388-1900 Counsel for Petitioner Dated: November 9, 2028. CERTIFICATE OF SERVICE I, Robert L. Sirianni, Jr., hereby certify that an original and 2 copies of the foregoing Application for Extension of Time for the matter of Ilana Bangiyev v. United States, were sent via Next Day Service to the U.S. Supreme Court, and 1 copy was sent Next Day Service and email to the following parties listed below, this 9th day November 2023. Kevin Hudson, Assistant United States Attorney Attorney for the United States 101 West Main Street, Suite 8000 Norfolk, VA 23510 Tel: (757) 441-6331 Fax: (757) 441-6689 Email: kevin. hudson@usdoj.gov obert L. Sirianni, Jr., Esquire Case 1:14-cr-00206-LMB Document 1051 Filed 10/02/23 Page 1 of 2 PagelD# 11360 FILED: October 2, 2023 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1066 (L) UNITED STATES OF AMERICA Plaintiff Appellee v. ILANA BANGTYEVA Claimant Appellant and EDUARD BANGIYEV Defendant No. 22-1099 UNITED STATES OF AMERICA Plaintiff A