Free Motion for Leave to File - District Court of Arizona - Arizona

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Gerald H. Goldstein TX Bar No. 08101000 Cynthia E. Orr TX Bar No. 15313350 Goldstein, Goldstein & Hilley 310 S. St. Mary's St., 29 th Floor San Antonio, Texas 78205 210-226-1463

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, versus 1. Lear Jet, Model 31A, Serial Number 31A-244, U.S. Registration No.N224LJ, Defendant. § § § § § § § § CIV-04-363-PHX-JWS SUPPLEMENTAL REPLY OF THE CLAIMANTS TO THE SUPPLEMENTAL RESPONSE OF THE PLAINTIFF REGARDING THE MOTIONS TO STAY AND TO QUASH

NOW COMES, ALBERTO ABED-SCHEKAIBAN, Calezar, Ltd., and Uptongrove, Ltd., [hereinafter, "Claimants"], and file this Supplemental Reply of the Claimants to the Supplemental Response of the Plaintiff Regarding the Motions to Stay and to Quash, (hereinafter Supplement) and would show the Court as follows: 1. Regardless of the language1 used by the undersigned to convey that Mr. Abed was currently under criminal investigation and that his indictment in the future is not a settled question, the fact remains that he, Calezar, Ltd., and Uptongrove, Ltd., are under criminal investigation and the prosecutor has not agreed that Abed will not be indicted. The

21 Supplemental response of the Government does not refute these facts. In fact, counsel for 22 23 24 25 26 27 28 the Government has pled in the Second Amended Complaint for Forfeiture In Rem the following: "19. ...Jaime Ross-Castillo and Alberto Abed-Schekaiban were the purchasers "Yet" is defined in the Merriam-Webster Dictionary as " up to now: so for... continuously up to the present or a specified time." See definition, attached on Exhibit 1. 1
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of the aircraft and they created the relationship described herein between Bombardier Capital Inc. (BCI), Wilmington Trust Company (WTC), Uptongrove Ltd., CASAFIN, CALEZAR, LTD, VUELABUS, S.A. de C.V. and other Mexican Companies to conceal the source of the funds used to acquire the aircraft and to conceal the ownership interest of Jaime RossCastillo and Alberto Abed-Schekaiban." Second Amended Complaint for Forfeiture In Rem, p. 5. "21. ... Ownership of the aircraft was structured to conceal the source of the funds used to acquire aircraft and to conceal the ownership interest of Jaime Ross-Castillo and Alberto Abed-Schekaiban." Second Amended Complaint for Forfeiture In Rem, p. 6. "27. A resulting audit of the bank disclosed the criminal acts and conspiracy described herein, leading to the seizure of defendant number 1 and the filing of this complaint." Second Amended Complaint for Forfeiture In Rem, p. 7. "54. Mr. Filliter, as described below, successfully traced all disbursements made from these stolen funds, some of which were used by Jaime Ross and his business partner, Alberto Abed, to fund the purchase of the Defendant Lear." Second Amended Complaint for Forfeiture In Rem, p. 10. "70. The sole beneficiary of the stolen funds, except for the two returned transfers to the original Romero account, was Jaime Ross and, through Ross, Alberto Abed and his straw or shell companies. ... 74. As further explained below, wire transfer records from the Romero BNP account and the Ross Credit Suisse account reveal that the sole beneficiaries of the stolen funds were Jaime Ross and his business partner, Alberto Abed. 75. Most of the stolen funds were traced directly into the acquisition of the Defendant Lear (over $900,000), Defendant Agusta ($892,000), and Defendant Cessna (over $250,000) all of which are owned and controlled by Ross and/or Abed through companies they own and control in Mexico, and other countries. ... 78. The use of stolen Romero funds by Ross and Abed to acquire these aircraft will be demonstrated below as well as their use of other laundered funds to acquire other aircraft listed herein." Second Amended Complaint for Forfeiture In Rem, p. 12. "116. Giraud confirmed that neither he nor any member of his family had authorized either the formation of the additional accounts or the withdrawal and disbursement of the funds from any of the accounts. 117. The investigation revealed that similar problems existed in other accounts to which Serdio had access, totaling approximately 81 million pesos (approximately US $9,000,000 at that time). 119. Found in (sic) desk of Serdio at the Lomas Palmas Branch was a 2

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handwritten note which bore the name Vuelamex along with other Vuelamex documents including Vuelamex corporate documents, an entity associated with and operated by Ross and in which, Ross admits Alberto Abed secretly owns a substantial interest." Second Amended Complaint for Forfeiture In Rem, p. 17. "129. ... For the purposes of illustration, Ross or a member of his criminal enterprise would give direction to Serdio regarding the dollar amount of funds to remove from a specific account." Second Amended Complaint for Forfeiture In Rem, p. 18. "136. Serdio stated that she was fearful for her life because of the kidnapping and murder of Maria Oropesa, as well as the alleged association between Ross and Alberto Abed (Abed). She repeated several times that she was as good as dead." Second Amended Complaint for Forfeiture In Rem, p. 19. "170. Criminal investigations regarding fraud and money laundering continue regarding Serdio, Ross, and others, related to he fraud and theft of funds from the Inverlat accounts generally referred to as the Giraud fraud. ..." Second Amended Complaint for Forfeiture In Rem, pp. 21-22. "175. Upon information and belief, the funds were laundered through these shops, not used to purchase jewelry. ... 177. There are large transfers of funds to the purchase of the aircraft described herein during the same basic time period, which were traced to cash transactions. Upon information and belief, these funds are the proceeds of the fraud conducted by Serdio, Ross, and others, used to acquire the defendant aircraft." Second Amended Complaint for Forfeiture In Rem, p. 22. "182. The aircraft was registered just prior to export with a United States registration 224LJ, to a Delaware corporation called Wilmington Trust Company, as Owner Trustee, effectively concealing the ownership interest of Ross and Abed and their nominee foreign corporations. 190. Louis stated that Alberto Abed and Jaime Ross represented themselves to him as equal partners on all of the transactions." Second Amended Complaint for Forfeiture In Rem, p. 29. "191. Jaime Ross' stated position was CEO and/or President of Uptongrove, Ltd., which was further recorded on numerous contract related official documents." Second Amended Complaint for Forfeiture In Rem, p. 30. "212. Castaneda stated that he did not know why or if TAESA went bankrupt and is not aware if Abed declared personal bankruptcy. ... 217. Castaneda concluded that Ross was selected by Abed to be the public face (front man) on the Lear jet contracts as well as the operator for two Mexican air taxi companies, Vuelamex and Vuelabus, in order to conceal Abed's involvement. 3

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218. Castaneda stated that Abed is "hot" with the authorities in Mexico and is hiding his name both officially and unofficially in business transactions." Second Amended Complaint for Forfeiture In Rem, p. 32. "221. The Abed and Ross corporate nominees used to acquire aircraft and move money were identified as Uptongrove Ltd., Casafin Ltd., Calezar Ltd., and Hartslope Holdings Ltd. 222. Calezar Ltd. was identified by investigators as being another Irish corporate nominee also at the same address in Dublin, which was used as a business name by Alberto Abed and Jaime Ross to open a Swiss account at BNP through which a large portion of the funds passed to acquire many of the aircraft listed above." Second Amended Complaint for Forfeiture In Rem, p. 33. "228. Jaime Ross and Alberto Abed took possession of the Defendant Lear on August 10, 2001, in Tucson, Arizona. Of the total purchase price of approximately $6 million paid to BA, Ross and Abed paid approximately $2,800,000 in cash which originated from BNP Swiss accounts in the names of Calezar Ltd. and Alejandro Romero-Garcia." Second Amended Complaint for Forfeiture In Rem, p. 34. "243. On October 27,2004, Abed stated to investigators that this financial statement, as a fraud and that the signature on the document was not his. He also admitted that he knew that he was personally obligated to produce a valid and accurate financial statement and to execute the personal guarantees. Despite this knowledge, he left the details to Jaime Ross Castillo, his representative, and did nothing with regard to his obligations. 244. In the respective financial statements, Ross and Abed identified their ownership interest in various Mexican and Irish corporations in spreadsheet format. The following spreadsheet summarizes some of the companies jointly and individually owned by Ross and Abed as recorded on their personal financial statements. Vuelamex is a name found on a note in the office of Serdio and was linked to the fraudulent financial transaction conducted by Serdio at the direction of Ross, on accounts of customers at Inverlat Bank." Second Amended Complaint for Forfeiture In Rem, p. 36. "257. The documents further facilitated the identification of other accounts as BNP including Calezar Ltd., as well as numerous wire transfers sent by Ross to fund the purchase of all of the Defendants (sic) aircraft described herein." Second Amended Complaint for Forfeiture In Rem, p. 39. "267. Ross stated that Alberto Abed was one of the members of the investment group that received the $2.6 million investment from Romero. 268. Ross stated that Abed was also aware that the two $1,050,000 wires, were returned to Romero. ... 270. Ross also admitted that Alberto Abed is an investor in both Vuelamex and 4

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Vuelabus, as stated in the personal financial statements submitted by Ross and Abed to Willmington Trust Company." Second Amended Complaint for Forfeiture In Rem, p. 40. "277. According to Alberto Castaneda, Director of International sales for BA and long time friend of Alberto Abed, Abed was the leader and beneficial owner of the entire operation and Ross was his financial assistant and front man. 280. Abed was completely invisible as an owner of record in the official documents filed with the US FAA by the aircraft sellers, in the Irish companies who were the buyers of record, and in the Mexican companies, Vuelamex and Vuelabus, who, in reality, were the intended and/or actual owners/operators of the aircraft." Second Amended Complaint for Forfeiture In Rem, p. 41. "289. Abed clearly hid his ownership interest behind Ross in the incorporation documents of Vuelabus which state that Ross owns 98% of the share capital. 290. On April 30,2003, during examination of Ross by Scotiabank in Judge Wenger's court in Switzerland, Ross was asked a direct question as to whether or not Abed was an owner of Vuelamex. Ross very reluctantly answered that Abed is an owner of Vuelamex." Second Amended Complaint for Forfeiture In Rem, p. 42. "292. As stated above, stolen funds were traced directly from the Romero BNP and Ross Credit Suisse accounts to the Defendant Lear, Cessna and Agusta aircraft purchases. ... 300. Ross stated that Abed then gave him one million dollars in cash to replace the Romero money which Ross then deposited into a Vuelamex account in Mexico. In another statement Ross said the amount provided in cash by Abed was $950,000. 301. In January, 2005, Ross advised investigators that the statement that Abed gave him $1,000,000, was a falsehood created by Abed in an effort to create a defense to this forfeiture action." Second Amended Complaint for Forfeiture In Rem, p. 43. "310. The use of exchange houses and Swiss bank accounts to conduct millions of dollars in cash transactions is indicative that the owners of the funds are, at the very least, attempting to conceal the true source of the funds. Substantial international business financial transactions do not commonly begin with cash deposits to money exchange houses. ... 312. The Defendant Cessna was also paid for in part by two large wires that originated at Consultoria Casa de Cambio in the name of Flota Mexicana de Aviacion. 313. Flota Mexicana de Aviacion is another shelf company used to conceal the identity of Abed and Ross." Second Amended Complaint for Forfeiture In 5

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Rem, p. 45. "314. ... TAESA ... The financial failure and allegations of the disappearance of the operating capital of the company has created the incentive for Alberto Abed to conceal his assets from the government of Mexico and to use Jaime Ross Castillo as his strawman or front man, to conceal his ownership interest and control over the funds and the aircraft purchased with the funds." Second Amended Complaint for Forfeiture In Rem, p. 46. "320. Thereafter, rumors began to circulate in the Mexican press that TAESA was providing transportation services to the heads of drug cartels including Amada Carrillo Fuentes." Second Amended Complaint for Forfeiture In Rem, p. 47. "332. According to a statement obtained from Ross by an investigator for Inverlat Bank, Abed had engaged in a practice of systematically removing funds from TAESA and placed the funds in secret accounts. These funds were supposed to have been paid to corporate shareholders; employees of TAESA, including pilots and mechanics; and contractors responsible for the upkeep of the corporate aircraft. The resulting lack of cash flow contributed to an inability to pay the necessary and required operating expenses. ... 337. Ross advised investigators that he been employed to pick up cash in U.S. currency and pesos at the home of Abed. Ross estimated that no less than $5,000,000 in value of this currency was picked up by Ross at the home of Abed. 338. Each time Ross was required to write a receipt to Abed for the currency in the name of a member of the family of Abed, but seldom was the receipt written in the name of Abed. The purpose was to make the money appear that it came from someone other than Abed. 339. Abed advised Ross that the money represented re-payment made from account balances for advertising in the name of TAESA which were being returned to him by the owners of TV Azteca." Second Amended Complaint for Forfeiture In Rem, pp. 48-49. "340. According to Abed, his friends at TV Azteca were returning the funds to him in a way to prevent the funds from being discovered by either the creditors of TAESA or the government of Mexico. ... 345. In an effort to conceal the liquid assets, primarily cash, from the creditors, Ross was asked to assist in the movement of the funds out of the accounts of TAESA. One specific transaction involving the approximate sum of $6,245,595, (sic) was moved from the TAESA accounts and traced into payments made to each of these three defendant aircraft, as detailed in the following paragraphs." Second Amended Complaint for Forfeiture In Rem, p. 50. "348. Payments for international flights were directed to accounts in this name 6

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to avoid having the funds returned to the financial accounts in Mexico, where the funds would be subject to the claims of creditors." Second Amended Complaint for Forfeiture In Rem, p. 51. "362. The sum in the approximate amount of $6,245,595 constitutes or is derived from proceeds traceable to a violation of any offense constituting specified unlawful activity, to wit: a financial transaction occurring in whole or in part in the United States involving an offense against a foreign nation involving a fraud or a scheme to defraud a foreign bank, (as defined in paragraph 7 of section 1(b) of the International Banking Act of 1978) as "specified unlawful activity" is defined in 18 U.S.C. §1956(c)(7)(B)(iii). The funds were concealed from the creditors of TAESA which were banks in Mexico which had loans To (sic) TAESA and Abed, guaranteed by the Republic of Mexico." Second Amended Complaint for Forfeiture In Rem, p. 52. "367. These representations by and on behalf of Alberto Abed are not consistent with details provided in the financial statements used to obtain financing for defendant number 1. Abed admitted that the financial statement submitted to Bombardier Capital in his name by his agent, Jaime Ross Castillo, was false, that he knew that he was required to submit documentation to support his personal guarantee, did nothing other than leave the details to Jaime Ross Castillo." Second Amended Complaint for Forfeiture In Rem, p. 53. "380. The basis for the seizure was the determination of the PGR that the aircraft acquired by Jaime Ross Castillo and his associates, in total or in part, with the proceeds of the fraud committed on Inverlat Bank and its customers. ... 383. Ross has admitted that he attempted to recover a large portion of this money from Abed." Second Amended Complaint for Forfeiture In Rem, p. 55. "393. Jaime Ross Castillo admitted that he was aware of the Mexican law requiring Defendant #1 to display a Mexican tail number if it was operated in Mexico for providing air transportation and that limitation on the use of the aircraft was a topic of conversation with Abed and others involved in the corporation. ..." Second Amended Complaint for Forfeiture In Rem, p. 58. Although the Second Amended Complaint does not allege Mr. Abed knew that Ross stole funds and used the stolen funds in the purchase of the aircraft, the allegation in Exhibit C to Notice of In Rem Service, filed on April 19, 2005, alleges Mr. Abed is part of a criminal conspiracy. "The U.S. Attorney for the District of Arizona is carrying out a criminal investigation on Jaime Eduardo Ross Castillo, Alberto Abed Schekaiban, Maria Eugenia Oropesa Tellez and Myriam Serdio Carranza for violating the criminal laws of the United States by fraudulent transfer of approximately 7

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$13,000,000.00 in U.S. currency from bank accounts in the branch of Scotiabank Inverlat ("Inverlat") in Mexico City to accounts in a Swiss bank. These funds, fraudulently obtained, were used to buy airships in the United States as well as jewelry and other articles. Miriam Serdio has admitted her role in the fraud and in the conspiracy of money laundering that took place between 1997 and 2002, and Maria Oropesa was kidnapped and murdered in the fall of 2001." Notice of In Rem Service at p. 1, (emphasis added). "The product of the fraud was laundered in the United States through the purchase of airships. Ross Castillo and an individual by the name of Alberto Abed Schekaiban used part of the stolen product to purchase three airships between March and July of 2001: one airship Lear Jet, one airship Cessna Caravan and an Augusta helicopter." Notice of In Rem Service at p. 2 (emphasis added). "Also, Ross Castillo represented several fictitious Irish corporations that were used to serve as titleholders of the airships: Uptongrove Limited, Calezar Limited, Casafin Limited and Hartslope Holdings Limited. These inactive companies were owned and controlled by Abed Schekaiban. Ross Castillo and Abed Schekaiban opened another BNP account in Switzerland under the name of Calezar Limited through which they processed a significant amount of funds for the purchase of three airships listed above."Notice of In Rem Service at p. 3, (emphasis added). 2. The Government continues to allege criminal action by Mr. Abed. As recently as October 4, 2005, attached as Exhibit 2 at p. 1, the PGR filed a document, a the urging of the United States Government, in a letter filed in support of answer to the protective order in the Mexican Federal Court Third District of Cancun. The document affirmatively states that Mr. Abed acted in concert with Jaime Ross to funnel stolen monies through Claimants' accounts to purchase the Defendant aircraft. The following translated excerpts highlight this: [Jamie Ross] Castillo and an individual named Alberto Abed Schekaiban used part of the stolen proceeds to purchase three aircraft in the period of March to July, 2001: A Lear Jet, a Cessna Caravan, and an Agusta helicopter. These aircraft were financed and bought in the United States. [Translated from p. 3 of Exhibit 2]. Additionally, Ross Castillo represented several Irish front corporations that were used as the titleholders of the aircraft: Uptongrove, Limited, Calezar, Limited, Casafin, Limited and Hartslope Holdings, Limited. These dormant companies were the property of and were controlled by Abed Schekaiban. Ross Castillo and Abed Schekaiban opened another account with BNP of Switzerland for Calezar, Limited, through which they funneled a significant amount of the funds for acquiring the three aircraft listed above. [Translated 8

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from p. 4 of Exhibit 2]. The Stipulation, RE: Interest, if any, of Jaime Ross Castillo, Exhibit A to Motion for Entry of Judgment of the Interest of Jaime Ross Castillo, at docket number 58, also states: "3. Ross elects not to address each individual numbered paragraph in the complaint, but stipulates and agrees that the allegations of tracing regarding funds traced from the accounts in the name of Romero into the purchase of the above described aircraft are correct. ... These funds are the property of Romero or his successor and are not the property of any other person. Specifically including Alberto Abed and any of the business entities controlled by him. ... 5. Ross also acknowledges that he received no less than $5,000,000 in cash, either US dollars or Mexican pesos, from Alberto Abed, which was transferred through various financial services business, including Consultoria, for deposit in Swiss accounts, including Calezar, from which funds were transferred in connection with the acquisition of the aircraft." Now counsel for the Plaintiff asserts there is "no evidence" that, "Mr. Abed had knowledge that the funds invested in the aircraft by Mr. Ross-Castillo were illegally obtained, ...." Supplemental Response in Opposition to Motion to Stay of Civil Proceedings & Quash Discovery, p. 2. Counsel cannot have it both ways. 3. Counsel for the government may not recall, however, the meeting on October 27, 2004, was a "settlement conference" under Rules 408 and 410 of Federal Rules of Evidence at which the undersigned advised Mr. Abed in the presence of Mr. Pixler not to speak. Mr Abed did, however, choose to make a statement. He did not submit to an interview. The Government's explanation of the Claimants October 27, 2004, meeting in its Supplement includes the types of discussions 2 one has at a settlement conference. Although exchanging information was discussed at this meeting, it was proposed in order to achieve a goal of

22 23 24 25 26 27 28 "Counsel for the Abed Claimants and Abed himself expressed the desire to disgorge all funds provided by Jaime Ross Castillo and volunteered to provide evidence to demonstrate how much of the funds used to acquire all of the aircraft came from legitimate sources and how much came from Abed." See Plaintiff's Supplement Response Regarding the Motions to Stay and to Quash, p. 2. 9
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settlement. However, no settlement agreement was reached.

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3. Plaintiff asserts that Claimants have not engaged "in any form of realistic discovery." See Motion to Supplement the Response of the Government Regarding Stay and Quash, page1. When counsel was unaware that Mr. Abed was under criminal investigation, counsel engaged in settlement negotiations and furnished with Mr. Lacey to obtain return of the seized Lear Jet after the First Amended Complaint was served on counsel for Alberto Abed. Claimants have produced a large volume of documentation commencing after the seizure in September 2002, and again after the settlement negotiation meeting with Mr. Reid Pixler on October 27, 2004. Some of the documents produced to Messrs. Lacey and Pixler include the PGR Investigation, financial records, purchase and payments for the Lear Jet 31A, Agusta Helicopter and Cessna, business plans and organizational charts of Uptongrove,

11 Ltd., Calezar, Ltd., Casafin, Ltd., and Hartslope Holdings, Ltd. The documents tracing the 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 funds into the Calezar account were those available at that time. Over 800 pages were produced as part of the settlement negotiations to resolve this matter. Counsel was not aware what information the Government had obtained in this case and therefore cannot comment on whether the Government had the information which was provided. 4. Although it is "new" that Mr. Lacey, and Mr. Pixler, by adopting Mr. Lacey's affidavit, report that they have "no evidence" that Mr. Abed had knowledge that Jaime Ross stole funds from Mr. Romero, the burden of proof in a civil case is much lower than the "beyond a reasonable doubt" standard in a criminal case. In addition, any evidence produced in discovery which would tend to connect Alberto Abed or the other claimants with Jaime Ross any of these transactions of the allegation against Jaime Ross would qualify as the sort of information which would burden their rights against incrimination. In addition, it is not clear whether the right against incrimination referred to in 18 U.S.C. §981(g)(2) presents any greater protection than the Fifth Amendment right against incrimination. The statute does

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not mention the Fifth Amendment 3 and Congress has on other occasions, provided greater protection in certain areas than the constitutional low-water mark would guarantee. For example, with respect to wiretaps, Title 18 U.S.C. §2511 4 which provides a statutory right to suppress evidence obtained in violation of that statute which is broader than the Fourth Amendment, and includes individuals who are "aggrieved," but may not have standing under traditional Fourth Amendment Law. 5. The fact remains that the claimants have an interest in the Lear Jet, there is an ongoing related criminal investigation and their rights against incrimination will be burdened by the progress of this litigation, the Motions for Quash and Stay should be granted. Respectfully submitted,

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GERALD H. GOLDSTEIN Bar No. 08101000 CYNTHIA EVA HUJAR ORR Bar No. 15313350 GOLDSTEIN, GOLDSTEIN & HILLEY

18 U.S.C. § 981(g)(2)(C) reads "continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination...." Although Congress could have easily phrased the language as, "violating the claimant's Fifth Amendment right against self-incrimination," it did not do so. A reasonable inference can be drawn that Congress anticipated a right against selfincrimination independent or beyond the scope of the Fifth Amendment. 18 U.S.C. §2510, providing the applicable definitions for §2511, defines "aggrieved person" as "a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed" 18 U.S.C. § 2510(11), and broadly defines "person" as including "any individual, partnership, association, joint stock company, trust, or corporation," 18 U.S.C. § 2510(6). The statute thus recognizes rights of non-natural entities beyond the scope of the Fourth Amendment. 18 U.S.C. §2515 provides exclusion of evidence for violation of the wiretap statute beyond the Fourth Amendment exclusionary rule. "Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter." 18 U.S.C. §2515. 11
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310 S. St. Mary's St. 29 th Floor Tower Life Bldg. San Antonio, Texas 78205 210-226-1463 210-226-8367 facsimile BY: _____/s/_______________________ Cynthia E. Orr CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 9 th , 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Reid Pixler Assistant United States Attorney 2 Renaissance Sq. 40 N. Central, Ste. 1200 Phoenix, Arizona 85004-4408 [email protected] Allen B. Bickart 6508 N. 10 th Place Phoenix, Arizona 85014 [email protected] Douglas F. Behm Jennings Strouss & Salmon P.L.C. Collier Cntr. 201 E. Washington St., Ste. 1100 Phoenix, AZ 85004-2385 [email protected] Lawson Pedigo Miller, Keffer & Pedigo 8401 N. Central Expressway, Ste. 630 Dallas, Texas 75225 [email protected] and via U.S. Mail, first class, to the following who are not registered participants of the CM/ECF: Jennifer Collins Mark Hopson Sidley, Austin, Brown & Wood 1501 "K" Street, N.W. Washington, D.C. 20005

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Geoffrey Young Ruden McClosky 150 2 nd Ave., Suite 1700 St. Petersburg, FL 33701 Marc S. Nurik, Esq. Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Blvd., Ste. 1500 P.O. Box 1900 Ft. Lauderdale, FL 33302 and Leonard J. McDonald, Jr. Tiffany & Bosco, P.A. 2525 E. Camelback Rd. Phoenix, AZ 86015-4237. ____/s/__________________________ Cynthia E. Orr

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