Free Opening Brief in Support - District Court of Delaware - Delaware

2 Case 1 :05-mc—OO256;GlV|S Document 2-2 I Filed 1,2/21 /2005 Page 1 of 3
I I .I LIEI U VOS RESPUBLIKOS GENERALINE PROKURATURA -
I - - I - I ‘ PROSECUTOR GENERAL’S OFFICE OF THE REPUBLIC OF LITHUANIA
I I A Ms. Mary Ellen Warlow Our ref: Ala,. ,2.·‘%N·Qi¤l UU. 5* 5 Pig)
I _ - . Director I Your ref.: _ .
` I ` _ Division of International Affairs `
- U.S. Department of Justice
I I · ·- - - _ . · ·e . I - Date: September 2005 l
- I n I- ‘ Re: LEGAL ASSISTANCE IN THE CRIMINAL CASE No. 30-I-0972-04 I ‘_ I _
" _ . Dear Madam, _
Prosecutor General’s Office of the Republic of Lithuania presents its compliments to You and
` _ . . —has the honour to request legal assistance in the following matter. This request is made further to I
the Agreement between the Government of the Republic of Lithuania and the Government of the
. I United States of America concerning Mutual Legal Assistance in the Criminal Matters. l
·I I By this letter, we send you the Requestfor the Legal Assistance in the investigation of the
_ ‘I _ . criminal case No. 30-1 -0972-04 issued bythe Seaport Police Division ofthe Klaipeda City Chief
I - Police Comrnissariat of the Republic of Lithuania and kindly request you to commission the
I competent law enforcement officials to execute the indicated acts.
l I We guarantee that the evidence collected in the United States of America will be used only for I
I . the purposes ofthe investigation and the hearing ofthe criminal case. _ II .
l I We hope that our request shall be executed and would like to take a chance to thank you in .
t~r--- Y. or A ...... 2...advancecforethe..co—operationand.legal-assistanIce,,WH_wil.LI.satisfy.IIan_.ana1ogous.Ionotherg request __=_
I I - I of yours. . I
Please send the answer and the collected material to Klaipeda City District .Prosecutor’s Office at
q the address: Vilties Str. 12, Klaipeda, Republic of Lithuania. We also request you to inform the
Prosecutor Genera]’s Office of the Republic of Lithuania about the Execution of the request . g
_ . - indicating our reference number as well as the date of sending. ` .
__ - . ‘ Enclosures: 8 pages. ‘ `
I m¤<=r¤ yi .. »srl~I‘r*rI*—¢-£%’e*~c -.
` . [ ‘ I. Xi . I .
I I I - ia ai?-€.I;<>’.··i » ¤‘ I _ I _ _
Deputy Prosecutor General QF I I Varda Urmonarte
_... . ....... - .... .- . ............. ..... ..... ....... ....._.... I- III I IIII II _I_II II_III_III_I I IIIIIIIIIIIII ___ II-I II IIIII I IIIIIIIII II IIIIIII __
_ l Translation fro ith ian into English Povilas Monkus the translator, Prosecutor GeneraI‘s Office. Translation 5
l _ corresponds to the original text. - `
I an A.Smetonos str. 4, LT—2709 V lnius, Lithuania Tel. +370 2 66 23 05 Fax. +370 2 66 23 17 I -
I . . - I _ Tel. +370 2 A 66 23 60 - Fax. +3702 66 23 S6 - . _

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I _ — ! * — I . e * Translation nom Lithuanian language
·· F - rmurnnn ctw
_ _ — GENERAL POLICE COMMISSARIAT -
g · SEAPORT POLICE DEPARTMENT .
; . - Code 9100357. Juros str. 1, LT—921 19 Klaipéda. Tcl. (8~46) 34. 58 G8
p a Fax s 34 17 as
. Request for legal assistance in a criminal case No- 30-1-0972-04 .z0¤.é`·0a’:.Z 5 /¢53·.5’.%'.95 (1/'h'·€»'6`*»f
‘ . to legal institutions ofthe United States of America ‘ n
- ‘ " Seaport Police Division of Klaipeda City General Police Commissariat conducts a pre·11·ial
T investigation in the criminal case No. 30-1 -0972-04 under Article 136 Part 1 of the Republic of Lithuania
Criminal Code on causing material damage by fraud.
t Article 136 of the Republic of Lithuania Criminal Code: .
. Article 186. Causing material damage by fraud 1
S - 1. The one who cvades by fraud to pay for work perfoxrned, goods received or services rendered or
‘ evades to pay compulsory contributions and as a result causes gross material damage to another person.,
is punishable by public worlu or fine, or detention, or imprisonment for a period of up totwo
· years. -
7 2. The one who causes by fraud minor rnaterinl damage to another person, commits a criminal
. offence, thus . l '
_ is punishable by public works or iinc, or detention, or arrestl .·
' 3. A legal entity is also liable for deed acts specified in Part 1 of this Article. ‘ i _
_ 4. A person is liable for deed acts specijied in Parts 1 and 2 of this Article only in presence of n
I ·— complaint of thertggrieved person or an··app1ication‘ of hisfher legal representative; an order of a
r prosecutorf x . I
E · g On 04.11.2004 Seaport Police Division of Klaipéda City General Police Comrnissariar received an
. application of the Republic of Lithuania citizen Vitalij Lepese, personal number- address
p Poilsio str. 21-31, Klaipéda, unemployed (seaman), stating that from 28.06.2002 he worked in the position
» _ n of a seaman onboard the ship ,,I<.apitonas A.Oja" owned by the privazne company UAB ,,].1jIQ 1·:.rabns" and
1 _ ` that the director of this company Valentas Latninenas has not paid him for 23 months worked at ship
Q ` repairs, that is he evades by fraud to pay him 4140 USD for work performed, thus causing material damage
E i to V.Lepesa of 10.018,30 LTL. ` _
Dnring the pre-trial investigation, the aggrieved Vitalij Lepesa stated thatm QQ Juiy _
` » - -| -- · - ·1’ort;··Russi¤,=·0nboard"the ship ,,Ka.pitorias`iA1IOja"`H€"§i§¥&w"£I`teiiniésé employment contract
¤ E drawn in Russian language with the director of UAB ,,J·irq krabas" Vlaurinénas, under which he was
g 5 employed onboard the aforementioned ship in the position of a seaman At the moment of signing the
‘ 1 contract, V.Laurinénas was not present and there was no his signature on the form of the contract The -
1 J contract stated salary of 185 USD and 4,50 USD of food allowance per day. _The contract for aiming was
| presented to him by the ship master Mr. Savcljev. A copy of the contract was not given to him. From 23
` July 2002 to the mid June 2003 salary for repairs and food allowance was paid to him irregularly. As Ear as
` he can remember, he was paid 5-6 times for 100 or 150 USD. He signed the wage sheets or a notebook
. » presented to him by V.Laurinénas or Mr. Saveljev for reception of this money. Money was paid by the
| same people- He cannot not remember the exact amount of money he received nor did he hold any records.
He also cannot remember which wage sheet was signedfor the salary received by him or_ where the
I signature is not his. In May-July 2003 he left for a voyage in Mntnitanin and was paid for it either 660 or
‘ 629 USD. He found out about the debt of V.Laurinenas {rom V.D1'0ZdOV, the next master of the ship, who
I informed him that V.Laurinénas owed him 2700 USD. According to the wageesheet presented, he received
* the m°n°Y? h°""°`·'°1' S¢v<=r¤1 Of than wem SiS_1E<_L]2}L_F_Q£_¥!§9_!3;Q§l§Q.bJ!Lhi11Jr..Er0rn.JtJ15t-2003-.heeworked».. .-
· ·c··· ···‘ ‘ " ‘‘‘‘ ‘ " ‘ ‘“6Bl56aTd‘tIi€‘s]iri"15` thE`]:E§iiitE'1_&`T17>`cEt*swain, where he was appointed by the ship master with the
1 consent of V.Lauri.nénas. No contract was éigned for this work. For August, September, November and
p _ December 2003 he was paid a monthly salary of 300 USD. He is not sure about the salary for other months.
Z I The questioned suspect Valentas Laurinenas stated that the company under his management ,,.T1T1rq
` kraba.s" was engaged in cargo transportation via international routes. In 1997 UAB ,J{¥1’¤-L 1¤:abas" bought a
Z _. 1 ship ,,Kapitonas A.Oja", which is registered in Klaipéda State Seaport Register of Ships. On 09.01.1996 a

li W2°’2°°€alé’e°t;d’s4tmo-0025e-GMS Document 2-2 Filed 12/21/2005 Page 3 of 3 @005
1_ . j
· . contract was concluded between UAB ,,Jiirrr l¤·abas" and USA company ,,BEAM SEA Ltd.”, under which "
p b · the USA company ,,BEAM SEA Ltd;" undertook to partially iinance the buyout of ships n-om the State
Fishing Vessels Company ,,Jftra" and to make a partial payment for the major overhaul of the ship
Q ,,I upon restoration of its class,. to lease it to the company ,,BEAIvl SEA Ltd." as of 0].05.1998. The same
‘ contract stated that UAB ,,JErrr krabas" undertook to Ztlnd a crew complying with the requirements of the
I international treaties and conventions and the company ,,BEAM SEA Ltd. " undertook to pay salaries to the
crew. From 1998 to June 2004 this ship was leased to the American company ,,BEAM SEA Ltd." and in
June 2004 it was bought by an unknown company from England and shipped from the Kaliningead Port to
India to be sold for scrap metal. V.Laurinenas states that salaries to the crewmembers of the ship
. t ,,I A he employed them. This company paid salaries to the crew and informed him about such payment by
t sending copies of wage sheets. He concluded employment contracts with masters ofthe ship ,,Kapitonas A.
Oja." as an authorized person by the company ,,BEAM SEA Ltd.", where employment contracts with other
-- crewmembers were concluded by ship masters, authorized by ,,BEAM SEA Ltd". USA company has
A settled in hill with the crewmembers ofthe ship ,,Kapitonas A. 0ja” for 2002 and 2003 and is indebted
i only for four months of 2004. ‘ . . .-
A ‘ Aiming for a thorough and unbiased pre-trial investigation, we kindly request you to take the
. following actions in the territory of USA:
] _ _ l. Determination whether the company ,,BEAM SEA Ltd." operates at the address 2316 Baynard
Q Boulevard, Wilmington, Delaware 19802. - A . . A
2. If such company exists, following Article 97. of the Republic of Lithuania Criminal Process
Qi Code, to demand and obtain_li·om the company administration the original employment contract concluded
ben~een.,BEAM SEA Ltdl a¤¤lVit¤1h Lcptscr. - _ . .--- - - - - ....
3. Following the above law, to demand and obtain from the company ,,BEAM SEA Ltd." the
` original wage sheetsof the crewmembers of the ship ,,Kapitonas A.Oja”.
Z Article 97 of the Republic of Lithuania Criminal Process Code: ,,Den1anding and obtaining
. objects and documents signiiicant to investigation and examination of criminal acts". p
* l A pre-trial investigation oflicer, prosecutor or courts have the right to demand and obtain from
A natural persons and legal entities objects and documents significant to investigation and examination of
l ·=ti¤ti¤¤1 sets"- — A . . y - - ..
. n ENCLOSED. A copy and translation ofthe contract No. 92/ 1 dated 9 January 1996. l
r _ ‘ In total: 4 pages. _ A
. investigator /Signature/ ‘ Regina Tuckute -
` +3 70 6 34 58 18 ‘ . L
p . ‘ The text of this document was translated by O 5 RE s A .
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