Free Declaration in Support - District Court of California - California

` Case 3:07—cv—02782—WHA Document 22 Filed 08/06/2007 Page 1 of 3 A
1 PILLSBURY WINTI-IROP SHAW PITTMAN LLP
STEPHAN E. BECKER (pro hac vice application pending)
2 Email: [email protected]
23 00 N Street N.W.
3 Washington, D.C. 20037-1122
Telephone: (202) 663-8277
4 Facsimile: (202) 663-8007
5 PILLSBURY WINTHROP SHAW PITTl\/IAN LLP
I SHARON L. O’GRADY (SBN 102356)
6 Email: [email protected]
50 Fremont Street
7 Post Office Box 7880
p San Francisco, CA 94120-7880 ·
8 Telephone: (415) 983-1198
Facsimile: (415) 983-1200 -
9
Attorneys for Defendants
10 THE SWISS CONFEDERATION, THE FEDERAL ATTORNEY GENERAL _
I OF SWITZERLAND, GERALD SAUTEBIN AND BRENT HOLTKAMP _
11
12 I
13 UNITED STATES DISTRICT COURT -
14 NORTHERN DISTRICT OF CALIFORNIA
15 SAN FRANCISCO DIVISION I
16
‘ 17 OLIVER HILSENRATH, ET AL., ) Case No. C-07-2782-WHA
1
18 Piatmirrs, g E-Filing
19 v_ · ) DECLARATION OF BRENT
) HOLTKAMP IN SUPPORT OF -
20 THE swiss coNFEDERAT1oN, THE ) DEFENDANTSV MOTION TO
FEDERAL ATTORNEY GENERAL OF ) DISMISS COMPLAINT (FEDERAL
21 swtrzsnr/mp, GERARD SAUTEBIN, D RULE OF OWU- PROCEDURE
BRENT HoLT1, 3 l2('°)(l)= (2% AND (6))
22
‘ ‘ ) Date: September 13, 2007
23 D6f€Hd&mS‘ ) Time: 8:00 a.m.
) Courtroorn: 9, 19th Floor
24 ) Judge: The Hon. William H. Alsup
) ,
25 —-- ) U
26 I
27
28
- 1 - B. Holtkamp Decl. in Support of Motion to Dismiss
. Case No. C 07 2782 WHA

` " cases;07-cv>027s2>wHA "" Document 22" " Filed "O8/06/2007 Page 2 of 3 I
p l
1 I, BRENT HOLTKAMP, declare as follows:
2 1. Ihave personal knowledge of the facts set forth herein and, if called as a -
3 witness, would and could competently testify to the truth thereof.
4 2. I am a Federal Attorney working in t.he Office of the Attorney General of A
5 Switzerland, located in Bern, My job is to investigate and prosecute violations of Swiss
6 federal law. Ihave been a Federal Attorney since April 2002. I am a citizen of Switzerland i
7 and reside in Bern. _ I
8 3. 1 have no investments in California or any other State of the United States, i .
9 and I am not engaged in any private business in the United States.
10 4. In connection with my work as a Federal Attorney, I occasionally have Z
11 communicated with various United States Attorneys Offices and the United States l
12 Department of Justice. Regarding the investigation of Oliver Hilsenrath, I had A
13 communications with officials of the United States Attorney's Office in',San Francisco and
14 the United States Department of Justice, and I traveled twice to San Francisco. I have had I
15 no other contacts with the United States, other than visits to meet U.S. Government officials ·
- 16 in other matters relating to my job and for vacations.
17 5. I participated in two interviews of Mr. Hilsenrath conducted in Bern in 2005.
18 Other than these interviews, I have never met Mr. Hilsenrath.
19 6. Since 2004, I and other Swiss officials have been conducting an
20 investigation of potential violations of Swiss law by Mr. Hilsenrath, which involve crimes 1
21 that were not disposed of by the U.S. criminal proceedings. During the course of the i
22 matter, I referred the investigation to the Federal Examining Magistrate in Geneva pursuant
23 to the requirements of Article 108 ofthe Federal Law on Criminal Proceedings of `15 June I
24 1934 and recently, also pursuant to the Federal Law on ·Crimina1 Proceedings, the
25 Examining Magistrate returned the case to me with his findings. i
26 , 7. Although the assets initially were frozen at the request of the United States,
27 the decision not to unfreeze them was based on the status of the Swiss investigation, and =
28 l U
. "‘“°‘“‘“""’D°°"““S“*?§.‘;'§‘§f.‘T"é·3'.-§‘·§-“2$°g'§*a‘».·"£ l
- 2 — l

T Case 3:O7—cv=O2782—WHA Document‘22 FiIedO8/06/2007 Page 3 of 3 ‘
1 not on the status of the U.S. prosecution. 1\/Ir. Hilsenrath challenged the validity ofthe asset _
l 2 freeze in the Swiss cotuts and the courts consistently ruled against him, i.n decisions that are j
3 designated confidential because they involved a pending Swiss criminal investigation.
4 I declare under penalty ofpeijury under the laws ofthe United States that the
5 foregoing is true and corfgct.
6 Executed this L day of August, 2002, at EH? , Switzerland. Q
` 7 ».g{§,i G 6, in I
8 i i *·~·q&\`
9 k B e tHo1tkam
F S Y I H P
10 it
1 1 U . 0
12 ‘
13
14 1 S
15
16 1
17
18
19 ` _
20 -
21 l l U
22 U E
23 l l
24 l I
25 U ·
26 , I
27 U
28 i 2
" 3 B“°”*“°”°”°°°"““‘2;P§§§§i?,’?§‘é$“2‘$S‘§‘i$‘£Eii

Case 3:07-cv-02782-WHA

Document 22

Filed 08/06/2007

Page 1 of 3

Case 3:07-cv-02782-WHA

Document 22

Filed 08/06/2007

Page 2 of 3

Case 3:07-cv-02782-WHA

Document 22

Filed 08/06/2007

Page 3 of 3