Free Response to Motion - District Court of Arizona - Arizona

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DIANE J. HUMETEW A United States Attorney District of Arizona PETER SEXTON Assistant U.S. Attorney Arizona State Bar No. 011089 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-02-993 PHX-FJM Plaintiff, v. Kwikmed, et. al, Defendants. UNITED STATES' PRELIMINARY RESPONSE TO ROBERT JOHNSON'S AND GROUPE ANGELIL INTERNATIONAL HOLDSINGS, S.A.'S RULE 54(b) MOTION FOR CERTIFICATION OF JUDGMENT AND RULE 58(d) MOTION FOR ENTRY OF SEPARATE JUDGMENT

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Third parties Robert Johnson and Groupe Angelil International Holdings have filed a pleading entitled "Robert Johnson's and Groupe Angelil International Holdings, S.A.'s Rule 54(b) Motion for Certification of Judgment and Rule 58(d) Motion for Entry of Separate Judgment" ( hereafter "Certification Motion") (CR 268). This was filed by defendant in reaction to the Court's December 19, 2007 Order (CR 267), which was a consolidated ruling addressing several pending motions. The forfeiture aspect of this matter was being handled by AUSA Lisa Roberts, who worked for many years in the forfeiture unit of the United States Attorney's Office. She recently took a position in Washington, D.C. with the Office of International Affairs. The only other forfeiture lawyer in the Phoenix office is Reid Pixler, who is finishing up a two year assignment

Case 2:02-cr-00993-FJM

Document 269

Filed 01/23/2008

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in Iraq. Thus, the United States Attorney's Office in Phoenix is without any forfeiture lawyers at this time. As I am the criminal AUSA who prosecuted the criminal matter, it is unclear to me whether the Court needs a response from the government to the Certification Motion recently filed. If the Court believes a response is needed from the government, could the Court direct the government to respond in a separate order or other communication. If a response is needed, I will attempt to find a lawyer with expertise in this area who can assist me in responding to the Certification Motion. Respectfully submitted this 23 rd day of January, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona S/ Peter Sexton PETER SEXTON Assistant U.S. Attorney

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Document 269

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I hereby certify that on January 23, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM /ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Alexander Poulos Tiffany & Bosco 2525 East Camelback Rd. Phoenix, AZ 85016 Counsel to Robert Johnson and Groupe Angelil

Larry Hammond Maureen Beyers Osborn Maledon, PA 2929 N. Central, Suite 2100 P.O. Box 36379 Phoenix, AZ 85067-6379 Counsel for Ronald W anchuk Tyrone Mitchell, Esq. 1700 North Seventh Street, Suite 3 Phoenix, AZ 85006 Counsel for Keith Salvato

Thomas Hoidal Hoidal and Hannah, PLC 111 W est Monroe, Suite 1210 Phoenix, AZ 85003-1732 Counsel for Janice Gamblin

Adrian P. Fontes, Esq. 111 W est Monroe Street, Suite 425 Phoenix, AZ 85003 Counsel for Kim Salvato

S/ Peter Sexton

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Document 269

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