Free Motion to Quash - District Court of Arizona - Arizona

RECE WED

OCT

21

2005

PAUL

K.

CHARLTON

United States Attorney State District of Arizona

REID

C.

PIXLER

U.S. Attorney Arizona State Bar No. 12850 Two Renaissance Square 40 North Central Avenue Suite 1200 Phoernx Arizona 85004-4408 602 514-7500 Telephone

Assistant

reid.pixlerusdoj.gov

UNITED STATES STATE
DISTRICT

DISTRICT

COURT

OF ARIZONA

UNITED

STATE STATES OF

AMERICA
04-363-PHXJW CFV 04-363-PHXJWS

Plaintiff

10

v.

11

1.

Lear Jet Model 1A Serial 31A-224 U.S. Registration

Number

12

N224LJ

PLAINTIFF PLAINTIFFS FIRST SET OF NON UNIFORM INTERROGATORIE INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DOCUMENT AND REQUEST FOR ADMISSION ADMISSIONS

13

Defendants.
14

TO CLAIMANT
15

Alberto

Abed Schebaikan

through

his attorney

of record

Gerald

H.

Goldstein

and Cynthia E.
to Rule

On
and 36 Federal Rules of Rule
Civil

16

Pursuant

33 34

Procedure you

are requested

to

17

answer

in writing

and under

oath within 30 day of your days

receipt

of this document thi

the

18

following

discovery requests request

19

DEFINITION DEFINITIONS AND IINSTRUCTIONS IINSTRUCTION
For the purpose of the following interrogatories interrogatorie and for these terms term shall have the meanings set forth below following meaning definitions the definition

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23

1. person shall mean any natural person public or private corporation whether not organized for profit partnership cooperative or unincorporated association or other legal entity and shall include any affiliate and employee or agent whether temporary or

or

permanent
2.

including any

attorney

or designated

representative

of any

of the foregoing.

24
25

document

shall

mean

any

and
if

all

writing writings
data

drawing graph chart drawings graphs charts
compilation compilations

photograph photographs
detection

phono-record phono-records

tape

recording recordings
usable

other

from which
hereto

information can be obtained

or translated

necessary

by respondent

through
or

device devices

26

into reasonably

form notes memoranda reports form whether note report forms

27 28

not completed enclosure any other tangible thing or things on or in which any attaclinent attaclinents enclosures thing information may have been requested or communicated recorded any copy or copies of any copie of the
the

foregoing
or

onginal

from on which any mark alteration additional or any other change writing from any other copy has been made. The foregoing shall be considered to be

Case 2:04-cv-00363-JWS

Document 137-7

Filed 11/21/2005

Page 1 of 7

document documents
have

within the meaning hereof whether
to

or not handwritten

and whether

or not they of

been used

communicate

record

report or otherwise aid in the communication

any

of the information contained

therein.

3.

To identify

or

the

author and addressee document is not currently of
it.

the

state the identity of document of document the subject type
in the

means mean

to state the
its

title if any

possession

If present location. of the Claimant state what disposition has been

matter and

made

4.

To identify
number.

or

his title his present or last known

any

and phone

state the identity of natural person means to state his ftill name mean business address busines addres the name and address of his employer if addres has been so identified he or she may thereafter Once an individual

be identified

by name

alone. natural person means to mean or state the identity of person other than the present or last known busines type of business in which it is engaged number of its principal office the type of entity e.g. corporation

5.

To identify

state its full

name

the

addres address and telephone
general partnership
10

11

limited partnership joint venture limited liability company etc. If and if it is not an Arizona corporation corporation identify the state of its incorporation busines For statement as to whether it is duly authorized to transact business in the state of Arizona. whether it is registered and if registered the or limited liability company state partnership

12

which it is registered and whether such partnership or limited liability company is busines authorized to transact business within the state of Arizona. Once duly person other than natural person has been so identified it thereafter be identified by name alone. may
state in

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any person or document from which Claimant has without limitation fact opinion data and assertions facts opinions assertion which is directly responsive to any interrogatory provides basi basis to Claimant for answering provide tend any interrogatory or tends to negate qualify or explain an answer to any interrogatory.
6.

Source

of information

mean means

obtained

any information including

16

7. Describe each instance or state each instance means to mean addres address of each person involved the date and time the place and all

set forth the material

name and

fact facts related

17

thereto.

18

8.

If any

information called
interrogatory

requested
19 related

such

shall be

to the

subject

matter or the

is not available in the full detail interrogatory to require the setting forth of the information request in such detailed manner as is possible.

for

by any deemed

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Case 2:04-cv-00363-JWS

Document 137-7

Filed 11/21/2005

Page 2 of 7

INTERROGATORIE INTERROGATORIES
INTERROGATORY NO.51
of income you have earned for the five year years prior and whether you have filed tax return with the Intemal Revenue September 16 2002 Service or state and local tax authorities for each of the these five authoritie If the tax returns return years. State unit which were filed in Mexico rather than the United States indicate the governmental
State

each

source and amount

to

required the
the

filing of the

tax return.

For

all

return returns

described

state

date

the

tax return

was was

filed

where
the

the

tax return

filed

name names

and

social

security

number numbers under
for any

which
five

the

tax return

was

filed

If

you did not your
that

file

tax

return

of these
filed

year years state

the

reason

why

and

10

whether

tax return individual

was prepared
or entity

or

by someone

other

than yourself and

if so identify 11 attach 12
all

document documents

referred

to above.

INTERROGATORY NO. 52
13 In addition to the income listed by you in answer to Interrogatory No. list the source sources of all other income received by you whether earned or unearned from any source sources from September 16 1997 including but not limited to

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15

gift gifts or bequest bequests
16

gambling winnings winning
17

judgment judgments
18

or settlement settlements

monie monies in
19 interest

trust

income
the sale of collectibles collectible

20

proceeding from proceedings
21

and

loan loans
22

or other

line lines of credit.

Specify the following
23 the

for each

source of the person

addres name and address

or organization

from which

the

income was

24
25

received
the

date dates
reason

and
such

amount amounts of

income received
to you.

and

26

the

income was paid

27 28

Case 2:04-cv-00363-JWS

Document 137-7

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Page 3 of 7

Specify
the the date

and location
Security

the tax return

was

filed reporting

thi this income

Social or other

Number

SSN or

Employer Employers

Identification

Number

EN

used

identification

provided

with the tax return.

INTERROGATORY NO. 53
State the extent

and describe

with particularity

the

nature

of your interest in the three
or that

defendant
control specific limited

aircraft and every aircraft owned or since September 16 1997 and identify

controlled

by you
acquired

company

which you
the

source

of fund used funds following
the the

how you

interest and

to acquire

the

aircraft.

Your answer

should

include

but not be

to

the

whom they
10 the

date dates time place manner the aircraft were obtained including number person name addresse names addresses and telephone numbers of the persons from
were obtained
of each each
transaction

circumstance circumstances
interest in the

by which you acquired

or

obtained

any
11 the 12

aircraft

reason reasons

defendant

aircraft and

and witnesses including witnesse obtained numbers number of such witnesses to any witnesse
aircraft

the

each and every aircraft was addresses names addresse and telephone

name

of the transactions transaction

by which

the

13

were obtained

and
or

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15

produce each and every document evidencing recording facilitating otherwise relating to any transaction identified in response to and above. Nos. Interrogatory

53b

16

INTERROGATORY NO. 54
State identity the

17

name and address addres
holder for

of the financial
all

institution

the

account

number

and the

18

account accounts personal and business busines held by you at fund source any time since September 16 1997 which were sources for funds used to acquire the three defendant aircraft described in this action. thi Financial account accounts include but are not limited to
financial

of the account

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account Certificate checking account private accounts Certificates of Deposit accounts market ftrnds IRAs municipal bonds Treasury bills loans mortgage account money accounts ftrnd bond bill loan mortgages stock bond commoditie stocks bonds commodities stock options trust funds accounts held by third parties in fund account partie option which you have an interest or in which business busines enterprise which you control has an
saving account savings accounts

IRA

CDs NOW

interest

or any

other

financial

investment investments

indebtednes indebtedness

asset assets or liabilities liabilitie of any type.

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23

INTERROGATORY NO. 55
statements for all bank account both domestic and Identify the monthly account statement accounts fund foreign into which any portion of the funds used to acquire the three defendant aircraft were fund deposited or from which any portion of the funds were withdrawn which was used to acquire each of the three defendant aircraft.

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Case 2:04-cv-00363-JWS

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Page 4 of 7

INTERROGATORY NO. 56
you have ever been charged arrested or convicted of crime in any country please that you used the date of the arrest or conviction the charges the name and charge addres address of the court in which you were convicted the offense you were charged with or were convicted of and the sentence or other outcome prison term probation.
If

state the

name

INTERROGATORY NO. 57
ever been involved in any other legal action whether civil or criminal as or witnes please describe the nature of each such action the name defendant witness and address of the court where the action addres was pending and the date of the action.
plaintiff Specifically If

you have

addres address
as the

the the

failure

personally guarantee
defaulted

and bankruptcy of the airline referred to as TAESA. Did you loan loans made to TAESA by financial institution and which were institutions
financial failure of

upon

result of the

TAESA.

INTERROGATORY NO. 58
10 State 11 the the

defendant

purpose of your travel to Lear Jet
role did Jaime

Tucson Arizona

regarding the purchase

of

12

What

Ros Ross

Castillo

play in the

acquisition

of the

aircraft

13

Provide intended
to

the

name names

addresse addresses

meet

or contact

and your relationship to any person that you persons of defendant during your trips related to the acquisition trip

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15

INTERROGATORY NO.59
The purchase
transaction defendant aircraft
i.e.
1.

16

of defendant

according

to the the

initial

not financed.

Identify

from where

cash contract was to be ftind ftinds were to come to purchase
the contract

the

17

Why

were you unable
for the aircraft

to perform

according

to its term and terms

forced to negotiate
18

financing

19

INTERROGATORY NO.60
Jaime

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21

Ros Ross

Castillo

has filed

pleading which

confirm confirms

that

ftind ftinds he obtained

from

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23

Romero were used to acquire an interest in each of the three aircraft. Tracing of the funds fund from the Romero account confirms that funds moved in fund confirm manner consistent with the sworn statement of Ross Castillo. Explain the factual basis to support your claim to own the entire Ros basi aircraft if you did not own all of the funds used to purchase the aircraft. fund

INTERROGATORY NO.61
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25

person who have knowledge of any factual knowledge persons and identify any and all persons who interrogatorie concerning responses response to interrogatories person in preparing responses to these you interrogatories. response
Identify

any

and

all

these

assisted

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Case 2:04-cv-00363-JWS

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Page 5 of 7

INTERROGATORY NO.62
State the

any

and

all

fact facts supporting

defendant

aircraft

and produce

defense any and all defenses to the seizure and forfeiture and all documents which support said defenses. document any

of

INTERROGATORY NO.63
Identify

each

and every document

document
currency.

that

and every witness by name address and telephone number and each witnes addres addres by name address and telephone number of the custodian of the defense support supports any and all defenses to be asserted forfeiture of the defendant

Sign the

attached

verification

and forward

it

along

with your responses.

VERIFICATION
10

Alberto
11

Abed Schebaikan
by
federal

hereby
that

declare

certify and verify under

penalty of

perjury as provided
12

law

have

read the foregoing

Answer Answers

to Interrogatories Interrogatorie

and
13

that every

answer

is

true and

correct.

14

Executed
15

on

______________2005.

16

17

Alberto

Abed

Schebaikan

Claimant
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Case 2:04-cv-00363-JWS

Document 137-7

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Page 6 of 7

DOCUMENT REOUEST FOR THE PRODUCTION OF DOCUMENTS
Pursuant
to Rule

34 of the Federal Rule of Civil Procedure Rules

you

are
all

and copying office of the undersigned at the offices hereby requested to produce for inspection 9f the following document in your possession or in the possession of your attorney documents
investigator

agent

employee

or representative

a.

for each

copie copies of all federal and state or if you year from 1997 to 2002.
attached

foreign

tax return returns

filed

are unable

to produce

by you copie of copies

or on your behalf these tax returns return

please execute the appropriate
b.

authorization have

copie copies

of

all

document documents

that

been

identified

or

were required

to be identified

in response

to any

of the foregoing

interrogatorie interrogatories

c.

authorization authorizations but not limited

for your current

employer to

including
10
d.

to

payroll

record records

obtain records your employment record time record employee evaluations etc. records evaluation or otherwise

copie copies

11

relating to your acquisition

of each and every document evidencing recording facilitating of any part of the three defendant aircraft and

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13

withdrawal e. copie copies of each document recording balances balance deposits or withdrawals from any deposit bank account or any other type of financial account in which you have ever held deposited or withdrawn any funds with which to acquire the interest in the three defendant fund aircraft.
f.

14

copie copies
to any

of

all

document documents
foregoing

that have

been

identified

or

were required

to be identified

in response 15

of the

interrogatories.

16

statements of Abed prepared for submission to the BCI in copies copie of all financial statement g. defendant in this action whether thi or support of the purchase agreement for Lear Jet 31 not the financial statement was submitted.
h.

17

copie copies of

all

financial

statement statements

of

Abed

prepared

for submission

to any

financial

18

institution in support of the purchase agreement for defendants defendant whether or not that financial statement was submitted.

and

in this action thi

19
I.

copie copies of

all

current

financial

statement statements

of Abed.

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Case 2:04-cv-00363-JWS

Document 137-7

Filed 11/21/2005

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