Free Response in Opposition to Motion - District Court of Arizona - Arizona

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Exh1b1t 4
Case 2:04-cv-00363-JWS Document 168-8 Filed 05/17/2006 Page 1 014

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
UNITED STATES OF AMERICA,
Plaiiitift`,
E v. ` CIV-04-363-PHX-IW S
Lear jet, Model 31A, Serial Number SIA- SECOND DECLARATION OF
224, os. negraaaaa # Nam.]; LISA CACHERIS BUR1"1“1“
` Defendants.
I. This is the second Declaration I have executed in connection with the abovecaptioned case.
I eitecuted the first Declaration on March 6, 2006, and I hereby incorporate it by this ` A
reference.
n 2. On May 2, 2006, Assistant United States Attorney Reid Pixler in the District of Arizona
provided me with a copy of Det`endant’s Motion to Determine the Existence of a Conflict of
Interest. Section III of the Motion contains allegations purporting to refute several of the
assertions in my first Declaration. I am executing this second Declaration to respond to
Defendanfs allegations, which are wholly without merit.
3. Defendant alleges that, in asserting that I had never seen or signed the subject document
purporting to bear my signature and dated February 6, 2006, I fail to affirmatively deny that
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the document "...is a translation of some original communication. ." from my offical In fact,
_ at the titneil prepared the first Declaration my office undertook a search of our records and
determined that no such request had been prepared by or received in the Oftice of
International Affairs. Accordingly, I deny that the subject document is a translation of an
original communication from my office.
4. Having established that the subject document is not related to any actual request in this office
and does not exist among this office’s records in any form in English., Spanish or any other
language, except for the copies provided by Mr. Pixler in connection with the above-
oaptioned case, I note that Defendant fails to respond to my assertion that my signature was
forged. I have never ceded authority to sign my name to anyone in the Office of International
Affairs or in any other office. lcontinue to find it highly disturbing and distressing that
someone put forth a great deal of effort to replicate my signature in an unauthorized manner.
5. Although the subject document is not a translation of an original communication from my
office, Ireiterate that it is not consistent with my established practice to sign translations.
Thus, even if the subject document were a translation into Spanish of a legitimate document,
l would not- have signed it, and the fact that the subject document bears a forgery of my
signature establishes that the document is false.
1 A copy of the document which I reviewed is attached hereto as Exhibit A and is hereby
incorporated by this reference.
2
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l 6. Defendant alleges that the U.S. Government must have received a copy of a document
E addressed to me and dated February 24, 2006, purporting to be Mexico’s response to the
subject document dated February 6, 2006, because it allegedly bears a United States
Embassy time stamp.2 I reiterate that I had never seen the document before Mr. Pixler
provided me with a copy of it on March 6, 2006. On the copy of the document I received
from Mr. `Pixler, the stamp is too faint to read. Nonetheless, it would be contrary to
established mutual legal assistance treaty practice between the United States and Mexico to
send this type of correspondence through our respective embassies. It would be highly
unusual, and unnecessary, for our counterparts in Mexico to have sent a response to a
legitimate mumal legal assistance request through the United States Embassy in Mexico.
7. For the foregoing reasons, i reiterate my conclusion that the subject document and the
purpoited reply document are false.
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and
correct. Executed this [ 'I T";/;i;l“ay of May, 2006, in Washington, D.C.
{ T5¢»~—~
Lisa C. Burnett
Deputy Director
_ Office of International Affairs
Criminal Division
U.S. Department of Justice
·`\;"%\ · ,5 ji . A ?'?"{;"_;Ef: R {2 I,-`E dial `
—£`i...J<2i`i?S§Z2." iI?l·”‘»¤v‘> 1* { G*·t*t‘:i .t*·" “ i,§`i‘Jlrrs¤.i~c»Je—i — ·
ti ‘ · ..,
Deborah H. Duvall
Notary Public, District ci Columbia
- · My Commission Expires 2—28—2U1U
2 A copy ofthe document which I reviewed is attached hereto as Exhibit B and is hereby
incorporated by this reference.
3
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