Free Notice (Other) - District Court of Federal Claims - federal

Case 1:97-cv-00579-MCW

Document 151

Filed 12/10/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SGS-92-X003 Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 97-579C (Judge Williams)

JOINT NOTICE OF FILING In accordance with the Court's order, dated November 14, 2007, the parties hereby inform the Court of those additional documents, produced by the Government subsequent to the trial, that we agree should be in the trial record. The documents, attached to this filing, are as follows1: Px 243 Memorandum, dated March 25, 1996, from Craig Chretien to the DEA Administrator. Memorandum, dated November 28, 1996, from David Lutweiler to Harold Wankel. Undated memorandum from "OC" to "AX." Memorandum, dated November 21, 1996, from Thomas Constantine to Harold Wankel. Memorandum, dated December 1, 1995, from Paul Philip and James Milford to Louis Freeh and Thomas Constantine. Undated memorandum from DRM to HDW entitled, "Request for Award Payment to SGS-92-X003." Memorandum, dated November 22, 1995, from John Costanzo to Harold Wankel.

Px 244

Px 245 Px 246

Px 247

Px 248

Px 249

We have included proposed exhibit numbers for these documents. Because the last plaintiff's exhibit at trial was number 242, these begin at 243.

1

Case 1:97-cv-00579-MCW

Document 151

Filed 12/10/2007

Page 2 of 3

Px 250 Px 251 Px 252 Px 253

Undated handwritten notes, entitled "Review of Constanzo's Report." Sensitive Activities Review Committee Minutes, dated August 25,1994. Sensitive Activities Review Committee Minutes, dated March 20, 1995. Letter, dated September 29, 1994, from Thomas Cash to Kendall Coffee.

With the exception of the letter from Mr. Cash to Mr. Coffee, all of these documents were discovered in the "classified" "Princess Incident" file that had originally belonged to Administrator Constantine and that Ms. Pattie Hoffman had re-discovered on August 15, 2007. We note that the Federal Bureau of Investigation file, which the Government retrieved and provided to counsel for the plaintiff, did not include any documents that the parties believed should be placed in the trial record. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

Case 1:97-cv-00579-MCW

Document 151

Filed 12/10/2007

Page 3 of 3

s/ Michael L. Avery, Sr. MICHAEL L. AVERY, SR. Avery & Associates 6400 Arlington Blvd., Suite 634 Falls Church, VA 22042 Telephone: (703) 462-5050, Extension 151 Facsimile: (703) 462-5053 [email protected]

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel (202) 305-7586 Fax (202) 514-7969 [email protected] Attorneys for Defendant

Attorney for Plaintiff December 10, 2007