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

UNITED STATES DISTRICT COURT DISTR.ICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, CIV-04-363-PHX-JWS Lear Jet, Model 31 A, Serial Number 31 A224, U.S. Registration # N224LJ; DECLARATION OF LISA CACHERIS BURNETT

Defendants.

I

am an attorney in the Office of International Affairs, Criminal Division, U.S. Department ofJustice, and I have been so employed since December, 1986. Since approximately August, 2001, I have been a Deputy Director in the Office of International Affairs. The office is responsible for, among other matters, all incoming and outgoing international requests for extradition and mutual legal assistance. During my tenure in the office I have handled many extradition and mutual legal assistance eases, advised numerous U.S. federal and state prosecutors and foreign officials in extradition and mutual legal assistance matters, and participated in international treaty negotiations.

2.

The United States has more than 50 Mutual Legal Assistance Treaties in force with other countries. As a matter of law, the Office of International Affairs is designated as the U.S. Government "central authority" in relation to all Mutual Legal Assistance Treaties and in various federal regulations. The office negotiates and implements these treaties, and is

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responsible for making and executing requests for legal assistance in connection with criminal matters. As a Deputy Director, I am authorized to approve and sign outgoing U.S. requests for mutual legal assistance, acting on behalf ofthe U.S. central authority. 3. On March 1,2006, Assistant United States AttorneyReid Pixler inthe District ofArizona advised the Office ofInternational Affairs that a document purporting to bear my signature and dated February 6,2006, had been introduced in court in connection with the above captioned civil forfeiture matter that he is prosecuting. Mr. Pixler contacted my office to determine whether I had, in fact, signed the document. 4. On March 2, 2006,1 saw a copy. ofthe subject document and immediately determined that the signature was not mine.' It appears, however, to be an attempt to copy my signature. Upon further inspection ofthe document; I determined that I never had seen it before and had neither reviewed, approved, nor signed it. The document contains numerous errors and inconsistencies in content and form, and it does not represent my work or the workproduct ofthe Office ofInternational Affairs. 5. The document that purports to be signedby me is written entirely in Spanish. Mutual legal assistance requests that I review and approve on behalf ofU.S. prosecutors are drafted in English, and I sign the final version in English. Any necessary translation ofthe document is performed after I approve the request, anda certified translation is sent, together with the signed original, to the foreign country from which the U.S. prosecutor is seeking information or evidence. I do not sign the translation, and I do not conduct any business in Spanish. 6. The document purports tobe from the U.S. Department ofJustice, butit is written on what appears to be the letterhead ofthe Department ofHomeland Security.

`A copy ofthe document which I reviewed is attached hereto as Exhibit A and is hereby incorporated by this reference. 2

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7.

Although the document is loosely styled in the form of a Mutual Legal Assistance Treaty

Request and addressed to the central authority of Mexico, it appears to convey a request for the detention of Alberto Abed Schekaiban. A mutual legal assistance request may be used to seek information, evidence or other assistance in connection with criminal investigations
and prosecutions; however, it is not the means through which to request a person's arrest.

The Office of International Affairs requests the arrest of individuals abroad through
applicable treaties and laws pertaining to established extradition practice.

8.

On March 6,2006, I saw a copy of a document addressed tome and dated February 24, 2006, purporting to be Mexico's response to the subject document dated February 6, 2006.2 The document is written in Spanish and is accompanied by a poor quality English translation.. I had never seen the document before, and I have confirmed that it was not received in the Office of International Affairs. The document does not include the name or signature of the sender, so I am unable to inquire about its content or purpose.

9.

For the foregoing reasons, I conclude that the subject document and the purported reply document are false.

Pursuant to 28 U.S.C. 1746, 1 declare under penalty of perjury that the foregoing is true and correct. Executed this ~~ay of March, 2006, in Washington, D.C.

~
Lisa C. Burnett Deputy Director Office ofInternational Affairs
Criminal Division U.S. Department of Justice

2

A copy of the document which I reviewed is attached hereto as Exhibit B and is hereby

incorporated by this reference. 3

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