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_ t,. j United States Attorney
"·t,\;_“i\___;! _ 7 ` District of Arizona ’
' _ " { Two Renaissance Square Main: (602) 514-7500 _
· 40 North Centralxivenue, Suite 1200 Main FA)C· (602) 514-7693 _
— · Phoenix, Arizona 85004-4408 FAX· (602) 514-7537
December 6, 2004 1
` Lic. Luz Camacho Nunez ,
Titular de la Unidad Especializada p _ F I L E C U P Y
en Investigatcion de Operactiones con * . »
Recoursos de Porcedencia Ilicitay V . 0 `
Falsification O Alteracion de Moneda .
` Procuraduria General de la Republica ’ ·
Mexico D.F., Mexico A 9 . A ·
Re: Jaime Ross Castillo and l V -
` " Acrioiv No.CIV-04-363-PHX-JWS. _ · f " .
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· Cessna Caravan, Model 208B, Serial Number 208B-0941 .
Mexican Registration # XA-TUF, and . » .
A gusta Helicopter, Model Al 09E, Serial Number l,l l l6 `
Mexican Registration # XA-TSR.
Dear Lic. Luz Camacho Nunez: ` p A
- Thankyou for your recent inquiry about the service of these two warrants of arrest related to our joint
. investigation regarding the actions of Jaime Ross Castillo. The issue raised is whether the two aircraft
described above must be immobilized in order to properly serve the warrants of arrest. You concern is that
the aircraft could deteriorate and be reduced in value as the result of immobilization during the resolution i
_ of the litigation in Phoenix. In short, we agree with you.
_ » One optionris to physically seize the aircraft and hold it subject to further orders of the Arizona
District Court. That is effective service of the process. However, it is not the only method. The purpose
of the service of the arrest warrant is to demonstrate that the property, and those responsible for the
operation, maintenance, and care of the aircraft, are given formal notice of the pendency of this action and
advised that they are responsible to the Court to account for the aircraft at such time an order is issued
1 requiring the aircraft be surrendered for liquidation. i
` We prefer that the aircraft be left in the care, custody, and control of responsible parties under what
{ is often called a "Custody Agreement," which should include some of the following terms and conditions,
i as modified by your fine offices. The terms are intended to provide the PGR with an opportunity to regularly
i inspect the aircraft to insure that it not be damage, lost, or stolen. The PGR may require that logs
i Case 2:O4—cv—OO363-JWS Document 95-2 Filed O8/O9/2005 Page 1 of 3
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{ Letter to Lux Camacho Nunez V
US. v. Lear Jet, Model 31 A, F r ’
., Page 2 . · : ( ’ 4 -
* demonstrating regular maintenance be provided for inspection. We view the agreement as
_ · essentially_a contract. These are suggestions of terms we would include in the contract. lf the
Custodian refuses to execute the contract, then the aircraft should be immobilized.
l. The aircraft is subject to the legal jurisdiction ofthe District Court in Arizona and will be
surrendered to the PGR in the event that the Arizona Court so orders and the PGR delivers that
' order to the Custodian. The aircraft and all log books for the engines and airframe must be
surrendered within three days (or longer if appropriate) of service of an order on the representative .
» .. . ofthe custodian ofthe aircraft. In the event for any reason the aircraft is not surrendered upon notice `
of an order to do so, the custodian shall be responsible for the sum of ($3,000,000 U.S. for the
Agusta or $1,000,000 U.S. for the Cessna). This sum is often referred to as a substitute bond for the
aircraft. By the execution ofthe agreement the custodian acknowledges that it may pursue any claim
to`the aircraft only through the case in the District of Arizona and may not file any other collateral `
action in any other court. In this context, custodians are urged to include either the United States of
. ., _, _. ,_ ._; Am.eriica.,or_.the R,epubli,c of Mexico on behalf of the United States efAmerica on an insurance,po._liey , ,
’ _4,_ J · related to the operation of the aircraft. ; , ·
2. The Custodian must allow routine and regular inspection of the aircraft, including log books for
1 allengine and the Airframe upon request of the PGR. At the initial inspection, the aircraft shall be
W photographed and all ofthe log books presented for inspection and copying. The serial numbers of
each engine shall be recorded along with the hours of operation of each engine as noted on the
"Hobbs Meter" for each engine. The log books represent a significant amount of the value of the
· aircraft and failure to obtain them will substantially reduce the value of the aircraft. Copies are
acceptable, but must be complete. At each inspection the most recent entries in the lo g books should
also be copied. ' ·>
3. The Custodian must agree to maintain the aircraft in anlairworthy condition. Failure to so L
maintain the aircraft not only reduces the value, but places all parties at risk of loss and liability for
the failure ofthe aircraft. Again, the insurance policy should reflect the interest of the United States
and Mexico in the aircraft. Y
4. The Custodian must agree not to conceal, mortgage, sell or assign its interest in the aircraft absent
notice to the United States and Mexico and may be only done with the appropriate approvals. No
` . application to change the registration in Mexico shall be made without the express permission and -
approval of the PGR. In the event that the Custodian cannot continue to operate the aircraft for any _
reason including economic or financial failure, interference from any source, or abandonment ofthe
r I aircraft, the Custodian must surrender the aircraft to the PGR which will then negotiate a similar
l agreement with the successor in interest. The aircraft may not be surrendered to any other entity or
U the substitute bond provisions regarding payment of a sum in place ofthe aircraft shall apply.
2
Case 2:O4—cv—OO363-JWS Document 95-2 Filed O8/O9/2005 Page 2 of 3
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CamachoNunez ` .
US. Jeri Model 31 A, “ l
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. g_5·.. The Custodian must agree not to operate the aircrattroutside of the Republic of Mexico without
__ I y; A Qxpress permission ofthe PGR. A specific individual associated with this case should be designated
as the contact person for all matters related to the enforcement of this agreement.
if:. i V - "
i ‘’ll‘ ` ‘lll _ Sp 6. Acopy ofthe arrest warrant in rem and the subsequently executed agreement should be filed with
" the Aero Civil (or whatever the Mexican equivalent to the FAA is called) to insure that the
s1·§§;·¥~registration is not changed, and that title cannot bevsold, transferred, assigned, nor mortgaged.
_ Notice to any other public office to effect this purpose should also be encouraged. _
` 7. In the event that the aircraft/is forfeited pursuant to the pending action in Arizona, the Custodian
may participate in sale ofthe aircraft upon terms and conditions acceptable to the‘United States and
»_-, Mexico. The aircraft must be sold for fair market value. _ .
S · gn. _c A These terms and conditions coupled with the indication that the PGR has- served the warrant
arrest 9H theweeft..¤P€¥.¢1¤e#..¤2¢[email protected]. $¤b1¢Ptt¤¢¤¢ Qrde ¤f the é¢iZ¤¤a DiPt¤¤¢Q¤¤rr . . - U .
M'; ir__ i ti i effective addresses the purpose ofthe warrant and would establish the properjurisdiction over the S l ` N i
· .-¢i ge aircraft within the meaning ofthe MLAT. Please fell to address. any issues which are perceived with
- process. We thank you for your consideration of this unique and historic operation and we look
`";»_ f` Ft “ forward to the resolution of this- difficult investigation. ` `
o` t A P .
i. i_ S _ { S — , - Sincerely yours, if _
_ - A ,_ ‘ PAUL K. CHARLTON
gf H p ` A United States Attomey .
i.?i;i.'i’ 77 “ ` Yi - . District `zona .
¥ TF*‘Y~. C ' C M
,_ A Reid c. Pixler /
-·=·` —· »`.·. .7.. . r,·;.. . . · ` .
E _. , V Ass1stantUn1ted States Attorney _
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b _ . q Case 2:O4—cv—OO363—JWS Document 95-2 Filed O8/O9/2005 Page 3 of 3
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