Free Motion to Quash - District Court of Arizona - Arizona

State

every fact you

rely

upon

in

thi making this

response.

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each the document author and date state the current or last known identify by title of the document describe documents
the subject in the

such

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and teleyhone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
E. testimony.

Admit

that

after this reorganization thi or

in

1997

TAESA

still

lacked

asset liquid assets continue

working

capital

with which to pay

its bill bills

adequate capital and obligations obligation required to

operation.

Admit
10 If

Deny _______
other

Admission you responded to Request for Admissions 40E with anything answer the following Interrogatory unqualified admission

than an

40E

11

State 12

every

fact

you

rely

upon

in

thi making this response.

13

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each such the document identify by title author and date state the current or last known of the documents describe document the subject matter addressed in the document and state of the information contained
in the

14

substance

document

as

it

relate relates to this response. thi

15

give the
16

number
expected

and witnes thi every witness who can provide testimony in support of this response busines addres business address and telejhone witnesss witness personal addres and telephone number address witness matter on which the witnes is expected to testify and substance of the subject
Identify testimony.

17 that by continuing to operate TAESA after the reorganization in 1997 Abed and his associates associate had an opportunity to remove misdirect and conceal the liquid asset assets of TABSA.

18

F.

Admit

19

20

Admit

Deny _______
for

21

If you responded to Request unqualified admission answer the

Admission Admissions

40F

with

following Interrogatory

40F

anything other than an

22
State 23

every

fact

you

rely

upon

in

thi making this response.

24
25

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify the subject custodian of the document describe documents matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

the

26 27

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.

and

28

52

Case 2:04-cv-00363-JWS

Document 137-6

Filed 11/21/2005

Page 1 of 15

REQUEST FOR ADMISSION NO.41
At paragraph
described

reorganization

company
daily

had

lost 2/3

claimant 329 of the Answer claimants admit that subsequent to the above of TAESA because the Bancomer demanded the dissolution of its capital had not made bank loan payments and could not meet payment

its

cash

Claimant

flow requirement or debt obligations However requirements obligation required to continue to operate. Abed states that Bancomer was incorrect at this time and was denied dissolution of thi state

TAESA.
A.

Admit
capital

that

after the

TAESA

reorganization

there

had been

substantial

reduction

of

as alleged

by Bancomer.

Admit
If

Deny _______
other

Admission you responded to Request for Admissions 4lA with anything the following Interrogatory answer unqualified admission

than an

4lA

State 10

every

fact

you

rely

upon

in

thi making this response.

11

12

thi Identify every document you rely upon in making this denial and as to each such document-identify the document by title author and date state the current or last known the subject custodian of the documents describe document matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response. thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the give the expected
testimony.

13

14

15

16

B.

Admit

that

after the as alleged

TAESA

reorganization

TAESA

could

not

make bank

loan

payment payments
17

by Bancomer.

Admit
18

Deny _______

19

If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer

4lB with

4lB

anything other

than an

20
21

State

every

fact

you

rely

upon

in

thi making this

response.

22

thi you rely upon in making this denial and as to each such document by title author and date state the current or last known custodian of the document describe the subject documents matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every document

document

identify

the

23

24
25

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
C. testimony.

26 27

Admit

that

after the

TAESA

reorganization

TAESA

could

not meet

its

daily

cash flow

requirement requirements Bancomer. Admit

or debt obligations obligation

required to continue

to operate

as alleged

by

28

Deny _______

Case 2:04-cv-00363-JWS

Document 137-6

53

Filed 11/21/2005

Page 2 of 15

If you unqualified

responded

admission answer
State

to Request the

for

Admission Admissions

41

with anything other

than an

following Interrogatory

41C

every

fact

you

rely

upon

in

thi making this response.

thi document you rely upon in making this denial and as to each such document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document as it relates to this response. relate thi
Identify

every

document

identify

the

thi witnes Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telqphone witnes number subject matter on which the witness is expected to testify and substance of the expected
testimony.

and

REQUEST FOR ADMISSION NO. 42
10 practice
11

At paragraph

332 of

the

claimant Answer claimants

denied that

of systematically fund removing funds from in part on the basis that IMSS prohibited Mr. basi account accounts

IMS

TAESA

Abed had engaged in fund placing the funds in secret Abed from access to any TAESA acces

accounts. 12

13

A.

Admit

that

despite
all

the

IMS IMSS prohibition
consultant

Mr.

Abed

continued
entitie entities

TAESA
14

to operate

and control
controlled.

and

of the related

contracts contract

with

which he

Admit
15 If

Deny _______
other

16

for Admissions 42A with anything Admission you responded to Request the following Interrogatory unqualified admission answer

than an

42A

17

State

every

fact

you rely upon

in

thi making this
in

response.

18

Identify

every document

you
the

rely

upon

thi making this
state the

denial current

and as to each such
or last

document
19

custodian
the

document by identify of the document describe documents
the

title author and subject in the

date

known
and state

matter addressed

in the

document

substance

of the information contained

document

as

it

relate relates to this response. thi and

20
21

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
B. testimony.

22
23

Admit

that

despite

the

IMS IMSS prohibition
rendered

Mr.

Abed had

the

24

complete payment which he controlled such as Holding Aeronautica would not be apparent or discovered by IMSS.

for alleged

service services

with documentation
Turistica

bill ability to submit bills for from entities entitie
S.A.

de C.V.

which

25

Admit
26

Deny _______

27 28

If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer

42B

with

42B

anything other than an

State

every

fact

you

rely

upon

in

thi making this

response.

Case 2:04-cv-00363-JWS

Document 137-6

54

Filed 11/21/2005

Page 3 of 15

Identify

every document

you

rely

upon

in

thi making this

denial

and as to each

such

document
custodian
the

document by identify of the document describe documents
the

state the current or last known title author and date the subject matter addressed in the document and state in the

substance

of the information contained

document

as

it

relate relates to this response. thi

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the
expe.cted

testimony.
that

C.

Admit
account

Mr.

Abed

personally

knew

those involved

in intemational travel including

the major customers of customer and could direct them to out

TAESA

particularly to any

make payments payment

he chose

account accounts

of the territorial jurisdiction

of Mexico.

Admit
If

Deny _______
other

Admission 42C with anything you responded to Request for Admissions answer the following Interrogatory unqualified admission

than an

42C

10 State
11

every

fact

you

rely

upon

in

thi making this response. such

12

document
custodian
the

identify

thi Identify every document you rely upon in making this denial and as to each the document by title author and date state the current or last known
the subject in the

of the document describe documents

matter addressed

in the

document

and state

13

substance

of the information contained

document

as

it

relate relates to this response. thi

14

Identify

witness give the witnesss
15

number
expected

subject

thi witnes every witness who can provide testimony in support of this response and addres busines addres personal address and telephone number business address and telqphone witness matter on which the witnes is expected to testify and substance of the

testimony.

16

17

D.

18

TAE Sales financial accounts in the Cayman Islands discussed in Sale account Island 346-364 of the most recent complaint are accounts created for Mr. Abed account paragraph paragraphs to direct major customers of TAESA to make payments out of the territorial customer payment
Admit
that the jurisdiction

of Mexico.

19

Admit
20

Deny _______
for Admission Admissions

21

If you responded to Request unqualified admission answer the

42D

with

following Interrogatory

42D

anything other than an

22
23

State

every

fact

you

rely

upon

in

thi making this response. such

Identify

every document

document
24
25

identify

custodian
the

of the

document by documents document describe
the

thi you rely upon in making this denial and as to each title author and date state the current or last known
the subject in the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

Identify

26

witnesss give the witness

number
27 expected

subject

witnes thi every witness who can provide testimony in support of this response and address addres and telephone number business address and telephone busines addres personal matter on which the witnes is expected to testify and substance of the witness

testimony.

28

Case 2:04-cv-00363-JWS

Document 137-6

55

Filed 11/21/2005

Page 4 of 15

REQUEST FOR ADMISSION NO. 43
A.

Admit
fact

that

Ros Ross

was

selected

conduct

financial

to open account accounts and banking transactions transaction

for

Abed

and his companie companies

and did in

for Abed.

Admit

Deny _______

If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer

43A

with anything other than an

43A

State

every fact you rely upon every

in

thi making this

response.

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

document

the

10

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance of the
the

11

expected
B.

testimony.

12

Admit

that

Ros Ross

acquisition 13

was approached by Abed or on behalf of Abed to be involved in the and financing of aircraft for an aircraft company Abed intended to start in

Mexico. Admit
If

14

Deny _______
other

15

Admission 43B with anything you responded to Request for Admissions the following Interrogatory answer unqualified admission

than an

43B

16 State 17

thi every fact you rely upon in making this response. every

18

19

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

document

identify

the

20
21

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the

expected 22 23

testimony.

REQUEST FOR ADMISSION NO. 44
A.

24
25

Admit
signed

that

Ros Ross

received

million millions of U.S.

dollar dollars directly

receipt receipts

in the

name names

of member of members

Abed Abeds

from Abed family members.

for

which Ros Ross

Admit
26

Deny _______

27

If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory

44A

with anything other

than

an

44A

28

State

every

fact

you

rely

upon

in

thi making this

response.

56

Case 2:04-cv-00363-JWS

Document 137-6

Filed 11/21/2005

Page 5 of 15

document you rely upon in making this denial and as to each such thi document identify the document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

in support of this response and thi witnes Identify every witness who can provide testimony witness witnesss personal address and telephone number business address and telqphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the

give the

expected
B.

testimony.

Admit

that

Ros Ross

would

take

the

his direction

to variou exchange various

which he received either from Abed or at currency house or casas de cambio including Majapara and houses casa

Consultoria Internacional Casa de Cambio and wire the money to accounts as directed account names Ros by Abed to account name which were all companies which Ross knew to be companie banks companies companie which were controlled by Abed including Franmil and Calezar at bank in

New York Miami and
Admit
10 If

Geneva.

Deny _______
other

11

Admission you responded to Request for Admissions 44B with anything the following Interrogatory unqualified admission answer

than an

44B

12

State

every fact you rely upon in making

thi this response. such

13

document
14

identify

thi Identify every document you rely upon in making this denial and as to each the document title author and date state the current or last known by
the subject in the

custodian
the

of the document describe documents

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

15

16

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
C. testimony.

17

18

Admit

that

transaction transactions
19

body guard of Abed was were performed.

frequently

sent

with Ros to insure the cash Ross

Admit
20
If

Deny _______
other

21

Admission you responded to Request for Admissions 44C with anything admission answer the following Interrogatory unqualified

than an

44C

22

State

every

fact

you

rely

upon

in

thi making this response. such

23

Identify

every document

document
24
25

identify

custodian
the

of the

document by documents document describe
the

thi you rely upon in making this denial and as to each title author and date state the current or last known
the subj ect matter addressed in the in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

26

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

27

28

Case 2:04-cv-00363-JWS

Document 137-6

57

Filed 11/21/2005

Page 6 of 15

REQUEST FOR ADMISSION NO. 45
A.

Admit that Abed moved or caused to be moved the approximate sum of $6245595 from the TAE Sales accounts in the Cayman Islands into payments made to each of Sale account Island payment
these three

defendant

aircraft

as detailed

in the

most

recent

complaint.

Admit
If

Deny _______

Admission you responded to Request for Admissions unqualified admission answer the following Interrogatory
State

45A

with anything other than an

45A

every

fact you

rely

upon
you

in

thi making this response.

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
custodian
the

document by identify of the document describe documents
the

title author and date state the current or last the subject matter addressed in the document in the

known
and state

substance

of the information contained

document

as

it

relate relates to this thi response. and

10

11

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone number subject matter on which the witness is expected to testify and substance of the witnes
expected
testimony.

12

13

B.

Admit

that

the

approximate

sum

of

$6245595

in the

TAE

Sale account Sales accounts

in the

Cayman
14

Island Islands

was generated

by

the

operation of

TAESA.

Admit
15 If

Deny _______
other

16

Admission you responded to Request for Admissions 45B with anything answer the following Interrogatory unqualified admission

than an

45B

17

State

every

fact you

rely

upon you

in

thi making this response.

18

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
19

custodian
the

identify the document by title author and date state the current or last the subject of the documents describe document matter addressed in the document

known
and state

substance

of the information contained

in the

document

as

it

relate relates to this response. thi and

20

21

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telphone witnes number subject matter on which the witness is expected to testify and substance of the
expected
C. testimony.

22

23

Admit

that

Caynian 24

the approximate Island Islands was subject

sum

of

$6245595

in the

TAE
of

Sale account Sales accounts

in the

to the

claim of creditors creditor

TAESA.

Admit
25

Deny _______

26 27

If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory

45C with

45C

anything other than an

State

every

fact you

rely

upon

in

thi making this

response.

28

Case 2:04-cv-00363-JWS

Document 137-6

58

Filed 11/21/2005

Page 7 of 15

Identify

every document

you
the

rely

upon

in

thi making this

denial

and as to each

such

document
custodian
the

identify

of the

document by documents document describe
the

title author and subject in the

date state the current or last matter addressed in the document

known
and state

substance

of the information contained

document

as

it

relate relates to this response. thi and

thi witness Identify every witnes who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the expected D.
testimony.

Admit
the

that

the

Sale account Sales accounts in the Cayman Islands to the purchase of additional Island aircraft was done in thi manner to conceal the funds from the creditors of TAESA and to fund creditor this conceal the interest of Abed. Admit

TAE

purpose

of the

movement

of the

approximate

sum

of

$6245595

in

Deny _______
for

10

If you responded to Request unqualified admission answer the

Admission Admissions

45D

with anything other than an

following Interrogatory

45D

11

State

every

fact

you

rely

upon

in

thi making this response.

12

13

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe the subject documents matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

identify

the

14

15

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
E. testimony.

16

17

Admit

18

between December 30 1999 and January Franmil Holdings 2000 Holding number 5648139 at BNP in Switzerland received three wire transfers totaling transfer $6245595 from the BBV account in Grand Cayman in the name of TAE Sales Sale
that

account

transferred 19

through

BNP New

York.

Admit
20
21 If

Deny _______
other

Admission you responded to Request for Admissions 45E with anything unqualified admission answer the following Interrogatory

45E

than an

22
23

State

every

fact

you

rely

upon

in

thi making this

response.

24

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

the

25 26

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected testimony.

and

27 28

Case 2:04-cv-00363-JWS

Document 137-6

59

Filed 11/21/2005

Page 8 of 15

REQUEST FOR ADMISSION NO. 46
A.

Admit

that

when

TAESA

failed

several

Mexican bank banks
of
unit

lost approximately

$150000000 called FOBAPROA.
Admit

which became

an obligation

of the

Mexican Government

Deny _______

If you for Admission Admissions responded to Request the following Interrogatory unqualified admission answer

46A

with

46A

anything other than an

State

every

fact

you

rely

upon you
the

in

thi making this

response.

Identify

every document

rely

upon

in

thi making this
state the

denial current

and as to each
or last

such

document
custodian
the

identify

of the

document by documents document describe
the

title author and date subject in the

known
and state

matter addressed

in the

document

substance

of the information contained

document

as

it

relate relates to this response. thi

10

11

witnes thi Identify every witness who can provide testimony in support of this response and busines addres witness witnesss personal address and telephone number business address and telephone addres give witnes number subject matter on which the witness is expected to testify and substance of the
the

expected
12

testimony.

13

B.

Admit that when TAESA failed which became an obligation of

Banco Union lost approximately unit of the Mexican Government

$100000000
called

14

FOBAPROA.
Admit

15

Deny _______
for Admission Admissions

16

If you responded to Request unqualified admission answer the

46B

with anything other

than an

following Interrogatory

46BA

17 State 18 Identify 19

every

fact

you

rely

upon
you

in

thi making this response.

every document

rely

upon

in

thi making this

denial

and as to each such

document
custodian
the

document by identify of the document describe documents
the

title author and date state the current or last the subject matter addressed in the document in the

hiown
and state

20
21

substance

of the information contained

document

as

it

relate relates to this response. thi and

22
23

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.

24

REQUEST FOR ADMISSION NO. 47
Admit
that the

25

Cayman
26

in the

sum of $6245595 from the BBV account in Grand approximate name of TAE Sales and transferred to Franmil at the direction of Sale
from

Abed

was revenue generated Admit

TAESA

for intemational flights.

27 28

Deny _______

Case 2:04-cv-00363-JWS

Document 137-6

60

Filed 11/21/2005

Page 9 of 15

If you

responded

to Request the

for Admission Admissions

47

with

unqualified admission answer
State

following Interrogatory

47

anything other

than

an

every

fact you

rely

upon

in

thi making this response. such

Identify

every document

document
custodian
the

document by identify of the document describe documents
the

each thi you rely upon in making this denial and as to title author and date state the current or last known
the subject in the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi and

thi witnes Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the expected testimony.

REQUEST FOR ADMISSION NO. 48
10

11

claimant claimants admitted that on or about October 27 2004 Alberto Arizona with his attorneys to be interviewed informally by appeared Phoenix attorney The following requests relate to admissions made at that time in the presence admission investigators. request
In the
at

Answer
in

371

Abed

of the attorneys attorney
12

of Abed.

13

A.

Admit

that

on October

27 2004

an investigator
in his

financial 14

statement
Capital

which was executed
as part

name

Mr. Abed provided copy of the and which was submitted to
for Defendant

Bombardier

of the financing

package

1.

15

Admit
16 If

Deny _______
other

17

Admission you responded to Request for Admissions 48A with anything the following Interrogatory unqualified admission answer

48A

than an

18

State

every

fact

you

rely

upon

in

thi making this
in

response.

19

Identify

every document

document
20 custodian
the 21

identify

of the

document by documents document describe
the

you rely upon title author and
the subject in the

thi making this

denial

and as to each

such

date state the current or last known matter addressed in the document and state

substance

of the information contained

document

as

it

relate relates to this response. thi and

22
23

thi witnes Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the

The witnesse shall include the two attorneys witnesses expected testimony. attorney will be taken regarding this issue. thi

present

whose depositions deposition

24
25

B.

Admit
stated the

that

on October statement

27 2004
the

in response

to

that he

had not seen

financial

statement

Abed question from the investigator to its submission to BCI but prior

26 27

financial

he was looking

at which had been

BCI

as part of the financing arrangement for the Lear Jet total fabrication not reflecting his personal wealth and that the

31A

Ross supplied by Jairne Ros to was complete and
signatnre

on the

document
28

was not

his.

Case 2:04-cv-00363-JWS

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Admit
If

Deny _______
other

Admission you responded to Request for Admissions 48B with anything answer the following Interrogatory unqualified admission

than an

48B

State

every

fact you

rely

upon you

in

thi making this

response.

Identify

document
custodian
the

identify

of the

document by documents document describe
the

substance

of the

thi upon in making this denial and as to each such and date state the current or last known the subject matter addressed in the document and state information contained in the document relate thi as it relates to this response. every document
rely title author

witnes thi Identify every witness who can provide testimony in support of this response and witness busines addres addres give the witnesss personal address and telephone number business address and telphone witnes number subject matter on which the witness is expected to testify and substance of the The witnesses witnesse expected testimony. will be taken regarding this issue. thi
10 C. shall include the

two attorneys attorney

present

whose depositions deposition

Admit
stated

that

on October

that he

knew

11

documentation guarantee

27 2004 in response to he was required to provide in the form of personal financial

Abed question from the investigator and to submit personal guarantee
statement statements
to support his personal

to BCI.

12 If you responded to Request unqualified admission answer the for

Admission Admissions

48C with

13

following Interrogatory

48C

anything other

than an

14

State

every

fact

you

rely

upon you

in

thi making this

response. denial

15

Identify

every document

rely

upon

in

thi making this

and as to each

such

document
16

custodian
the

document by identify of the document describe documents
the

title author and date state the current or last the subject matter addressed in the document in the

known
and state

substance

of the information contained

document

as

it

relate relates to this response. thi

17

18

19

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance ofthe The witnesses shall include the two attorneys present whose depositions witnesse testimony. expected attorney deposition
give the
will be taken

thi regarding this issue.

20
21

D.

Admit
stated
all

that

on October

27 2004
Jaime

that he designated

Ros Ross

in response

to

to provide

all

Abed question from the investigator of the information and complete
including
all

22

of the paper work for the purchase of the aircraft required by Bombardier Capital regarding his
If

information
condition.

Abed Abeds personal
48D

financial

23 for Admissions 48D with anything Admission you responded to Request the following Interrogatory unqualified admission answer other

than an

24 25 26

State

every

fact

thi you rely upon in making this response. thi you rely upon in making this denial and as to each title author and date state the current or last known
the subject in the

Identify

every document

such

document
27 28 custodian
the

identify

of the

document by documents document describe
the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

Case 2:04-cv-00363-JWS

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Page 11 of 15

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
witnesses The witnesse shall include expected testimony. will be taken regarding this issue. thi
E. the

and

two attorneys attorney

present

whose depositions deposition

Admit
stated

that on October

27 2004

that despite
the

complete
financial

being aware he purchase of Defendant information or financial statement statements

that

in response to the financial

question from the investigator information was required to never provided

Abed

Abed

to either

Ros Ross

any personal

or

Bombardier Capital.
other

Admission you responded to Request for Admissions 48E with anything answer the following Interrogatory unqualified admission
If

than an

48E

State

every

fact

you

rely

upon you

in

thi making this

response.

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
10

custodian
the

identify the document by title author and date state the current or last the subject of the documents describe document matter addressed in the document

known
and state

substance

of the information contained

in the

document

as

it

relate relates to this response. thi and

11

12

give the

number
13

thi witnes every witness who can provide testimony in support of this response busines addres business address and telephone witnesss witness personal addres and telephone number address witness matter on which the witnes is expected to testify and substance of the subject
Identify present

The witnesse shall include the two attorneys witnesses expected testimony. attorney will be taken regarding this issue. thi

whose depositions deposition

14

15

F.

16

that on October 27 2004 in response to question from the investigator Abed that Franmil Holdings Holding was company which had been created by his family and which was used to conduct international financial transactions.

Admit
stated

17

If you responded to Request unqualified admission answer the

for

Admission Admissions

48F

with anything other than an

following Interrogatory

48F

18 State 19

every

fact

you

rely

upon

in

thi making this

response.

20

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each the document identify by title author and date state the current or last known

such

of

the

document documents

describe

the

subject in the

matter addressed

in the

document

and

state

21

substance

of the information contained

document

as

it

relate relates to this response. thi

22

23

thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the The witnesses shall include the two attorneys present whose depositions witnesse testimony. expected attorney deposition give the
will be taken

24

thi regarding this issue.

25 26 27

REQUEST FOR ADMISSION NO. 49
claimant 380 claimants alleed that the POR is investigating the fraud Ros that Claimants Claimant by Ross and Inverlat employee employees but is no indication Casafin Ltd. Harslope Ltd and Mr Abed were involved. Though Uptongrove Ltd. is mentioned in the investigation no determination regarding its involvement had been made.
In the Answer committed on Inverlat
at

28

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Page 12 of 15

A.

Admit upon

that claimant understand claimants

the

investigation

in

Mexico

is

related

to the

fraud

Inverlat

Bank by Ros and Ross

his conspirators.

Admit

Deny _______
for

If you responded to Request unqualified admission answer the

Admission Admissions

49A

with anything other than an

following Interrogatory
in

49A

State

every

fact

you

rely

upon
you

thi making this

response. denial

Identify

every document

rely

upon

in

thi making this

and as to each

such

document
custodian
the

document by identify of the document describe documents
the

title author and date state the current or last the subject matter addressed in the document in the

known
and state

substance

of the information contained

document

as

it

relate relates to this response. thi

10

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

11

12

B.

Admit
United
Inverlat

that

claimant claimants understand
is

the

above

State States

related

to the

13

Bank by Ros and Ross

money

in the captioned civil forfeiture action laundering of the proceeds of the fraud upon proceed

his conspirators.

14

Admit
15 If

Deny _______
other

16

for Admissions 49B with anything Admission you responded to Request answer the following Interrogatory unqualified admission

than an

49B

17

State

every

fact

you

rely

upon

in

thi making this

response.

18

document
19

identify

thi Identify every document you rely upon in making this denial and as to each the document by title author and date state the current or last known

such

custodian
the

of the

document documents

describe

the

subject in the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

20

21

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telphone witnes number subject matter on which the witness is expected to testify and substance of the
expected
C. testimony.

22

23

Admit that claimants understand the above captioned civil forfeiture action alleges claimant allege that claimants received claimant the laundered proceeds of the fraud in Mexico which were proceed
applied to the purchase of the defendant
aircraft in the

24

United

States.

25

Admit
26

Deny _______

27

If you for Admissions Admission responded to Request unqualified admission answer the following Interrogatory

49C with

49C

anything other

than an

28

State

every

fact

you

rely

upon

in

thi making this

response.

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Page 13 of 15

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained relate thi in the document as it relates to this response.
Identify

every

document

the

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected D.
testimony.

Admit
the

that in

claimant claimants can not

assert an ownership

claim to the laundered
these funds.

proceeds proceed

of

fraud

Mexico

because

claimant claimants do not own

Admit

Deny _______

If you for Admission Admissions responded to Request unqualified admission answer the following Interrogatory

49D

with

49D

anything other than an

10

State

every

fact

you

rely

upon

in

thi making this

response.

11

12

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

identify

the

13

14

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

15

16

REQUEST FOR ADMISSION NO. 50
A.

17

18

Admit that but for defendant defendants and arrest in rem by the Admit

the

there

instituted in Mexico by claimant regarding claimants proceeding would be no opposition to the service of the warrants of warrant in Mexico.

PUR

19

Deny ______

20
21

If you responded for Admission Admissions to Request unqualified admission answer the following Interrogatory

SOA

with

50A

anything other than an

State

every

fact

you

rely

upon

in

thi making this

response.

22

23

24
25

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

the

26 27

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witness number subject matter on which the witnes is expected to testify and substance of the
expected
testimony.

28

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B.

Admit that absent the intentional acts of claimants in Mexico the Mexican Amparo claimant act Court Courts would have never acted to review the process utilized by the POR to execute proces the U.S. warrants of arrest in rem. warrant

If you responded for Admission Admissions to Request unqualified admission answer the following Interrogatory

50B

with

50B

anything other than an

State

every

fact you

rely

upon

in

thi making this

response.

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

the

thi witnes Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the expected
10

testimony.

11

DATED
PAUL
K.

October

/9

2005

12

CHARLTON
Attorney

Unite State Unites States

15

Dinof
REID
C.

PIXLE

Assistant 16

U.S. Attorney

17

18

19

20

21

22

23

24
25

26 27

28

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