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

I, Wanda Delgado, state that I am employed as a Group Supervisor for the
A Department of Homeland Security, Immigration and Customs Enforcement. Ihave held
this position since January of 2003. Prior to becoming a supervisor, I was a Special
I · Agent with U.S. Customs since August of 2000. i
I have been assigned to the Jaime Ross, Alberto Abed investigation involving the .
n embezzlement of funds from the Inverlat, S.A. bank of Mexico since September of 2002.
In connection with this investigation, I had the occasion to be present at a meeting held at
the United States Attorney’s office on or about October 27, 2004. Among those present .
for the government were Assistant United Stated attorney Reid Pixler and DPS/Asset _
Forfeiture Investigator Dan Kelly. For the defendant aircraft, Mr. Alberto Abed, Mr.
Eduardo Cayetano, Mr. Abed’s co-worker, an attorney Hom Mexico, Ms. Cynthia Orr
and Mr. Gerald Goldstein Attorneys with the firm of Goldstein, Goldstein and Hilley of
“ San Antonio Texas. Investigator Kelly and I had been asked by AUSA Pixler to attend a
` meeting requested by Ms. Orr to allow Mr. Abed to explain his involvement with Jaime
Ross and the defendant aircraft. The purpose of this meeting was to conduct an
_ interview. During the course of this meeting, Mr. Alberto Abed or his representatives V
made the following statements: · S
Mr. Abed stated that he is not a financier but a pilot. His involvement with Jaime -
Ross was limited to providing him money for the acquisition of aircraft for a company
they were forming. S .
Mr. Abed stated he needed Jaime Ross because he was established. Mr. Abed had
previously owned/operated an airline in Mexico called Tiasa. At one time Tiasa operated I
45 aircraft in and around Mexico. It was pressure from the union or AeroMexico that
caused his planes to be suspended from operation causing his to ultimately file 1
bankruptcy. The bankruptcy took four years to settle but resulted in an absolute dismissal.
In 1998 or 1999, Mr. Abed met Jaime Ross and Daisy Cantaneo at the BNP Bank in
l · Mexico. They met to establish portfolios for Switzerland Bank accounts that were to be `
. used to acquire aircraft.
1 p Ms. Cantaneo was the Vice President sent from Switzerland to Mexico to meet
1 with clients in person for security purposes. Daisy Cantaneo to his knowledge is not
i longer with BNP but with a different bank in Zurich.
1
!
l Case 2:O4—cv—OO363-JWS Document 146-3 Filed 12/O2/2005 Page 1 of 3

Mr. Abed stated there is currently an investigation initiated in Mexico involving
missing funds from his BNP account in Switzerland.
Mr. Abed stated that he understood that the aircraft could not be registered in
Mexico or they could not get financing.
When Mr. Abed was asked specifically about the financial statements provided to
Bombardier Capital representing corporate assets owned by he and Jaime Ross; he stated
I they were not accurate and that he had no part in their preparation, nor did he sign them. l _
When Abed was asked about the volume of cash that had been delivered to a Mexico
Casa de Cambio and ultimately wire transferred into accounts for the manufacturing
aircraft company; it was represented that this is the way they do business in Mexico.
. In conclusion of the meeting Mr. Abed and his representativesstated they would
provide the names and locations for the corporate bank accounts he and Jaime Ross were
utilizing to acquire aircraft. Mr. Abed agreed to provide documentation as to the source ·
W of the funds moved into their corporate accounts and through the Casa de Cambio ’
d (money transmitting business) in Mexico. Mr. Abed and his attorneys agreed that they
would disgorge all ftmds which were acquired from Jaime Ross Castillo and which were
not traced to sources controlled by Abed through his corporations.
1 It was the general conclusion that both parties would engage _in informal
I discovery, exchanging their discovery materials in an expedited manner to facilitate the
determination of the amount of funds used to acquire the aircraft which came from
criminal acts conducted by Jaime Ross Castillo. The govemment would provide the
documentation of their tracing, and Mr. Abed through his attomeys would provide bank
I account infonnation and source information for the cash flow into defendant aircraft. .
Other than the discussion of the willingness of Mr. Abed to disgorge stolen funds to
which he had no claim, there were no settlement negotiations at all. The purpose was an ·
interview and a discussion regarding how discovery could be undertaken. To date,
plaintiff has performed under this infonnal agreement and the claimants controlled by
{ Abed have not.
i I have complied with the informal discovery agreement by personally meeting
with Certified Fraud Examiner Gary Mayberry on behalf of Goldstein, Goldstein and
2
V Case 2:04-cv-00363-JWS Document 146-3 Filed 12/O2/2005 Page 2 of 3

Hilley and directing members of my investigative team tolmeet with him to provide to
him the governments’ discovery material which was available at the time of the request.
i To my knowledge, there have been no materials submitted by Mr. Abed’s
, attorney’s explaining source of the funds used to acquire defendant aircraft. There has
I been no effort to disgorge the funds acquired from or through Jaime Ross Castillo and -
traced to the underlying bank fraud. The only material provided by counsel for Abed to M
A - date is documentary evidence which the government already possessed and which was
I V apparent upon a review of the complaint. A V ‘ l A
I am also aware that the government used a procedure called a Mutual Legal
A Assistance Treaty or MLAT request, based upon the initial complaint tiled with the Court
l and a warrant of arrest in rem issued by the Court. That paper, which _established that
. Mexico had served the warrant of arrest, was forwarded through diplomatic channels,
_ acted upon by the government of Mexico, and then returned. A substantial time passed I
` A A from the issuance of this initial warrant of arrest in rem which reflected the status of the
investigation at that point in time. I am aware that the criminal aspect of this case is
directed by AUSA James Lacey in Tucson, Arizona, and that Reid C. Pixler is not in ‘
charge of the criminal investigation which targeted Jaime Ross Castillo and his money
laundering co-conspirators. U
_ I declare turder penalty of perjury, and the authority of 28 U.S.C. § 1746, that the
foregoing is true and correct. Executed this 2“d day of December, 2005, in Phoenix, n
Arizona. Q p
. - Wanda Delgado
V Group Supervisor
Department of Homeland Security
i · Immigration and Customs Enforcement.
l .
5
-

J 3 .
i Case 2:O4—cv—OO363—JWS Document 146-3 Filed 12/O2/2005 Page 3 of 3

Case 2:04-cv-00363-JWS

Document 146-3

Filed 12/02/2005

Page 1 of 3

Case 2:04-cv-00363-JWS

Document 146-3

Filed 12/02/2005

Page 2 of 3

Case 2:04-cv-00363-JWS

Document 146-3

Filed 12/02/2005

Page 3 of 3