Free Motion to Quash - District Court of Arizona - Arizona

REQUEST FOR ADMISSIONS ADMISSION REOUEST FOR ADMISSION NO. Ros you employed Jaime Ross Castillo as the agent or representative location Mexico and other locations on behalf of Abed behalf of business entities controlled entitie Abed. busines by Admit Deny _______ ________
Admit
that to acQuire aircraft for use in

of

Abed

or on

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

other

than an

every

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 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

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 witnes number subject matter on which the witness is expected to testify and substance of the
expected testimony.

and

12

13

REQUEST FOR ADMISSION NO.2
Admit
outlined that

14

Abed employed

15

Mexico

in Request in his

For Admission No.
or the

Abed Abeds name

Jaime Ros Castillo as your agent or representative Ross as because Abed could not acquire aircraft in

name

of any business closely busines

associated

with

Abed
16

due to the bankruptcy

and failure of

TAESA

Admit
17

Deny _______
for Admission Admissions

18

If you responded to Request unqualified admission answer the

with anything other

than an

following Interrogatory

19

State

every

fact

you

rely

upon you

in

thi making this

response.

20

Identify

every

document

rely

upon

in

thi making this

denial

and

as to each

such

document
21

custodian
the

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

known
and state

substance

of the information contained

in the

document

as

it

relate relates to this response. thi

22
23

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 give witnes number subject matter on which the witness is expected to testify and substance ot the
the

24
25

expected

testimony.

REQUEST FOR ADMISSION NO.3
Admit that defendant number was purchased in part with finds provided find Ross Ros Castillo which were obtained from Alejandro Romero Garcia. Admit by Jaime

26 27

Deny _______

28

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 1 of 15

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

other

than an

thi every fact you rely upon in making this response. 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

Identify

you

rely

document
custodian
the

identify

of the

document by documents document describe
the

title author

substance

of the

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 busines addres addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

REQUEST FOR ADMISSION NO.4
10

Admit that defendant number fund was purchased in part with funds provided Ross Ros Castillo which were obtained from Alejandro Romero Garcia. Admit

by Jaime

11

Deny _______
anything other than an

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

13

14

State

every

fact

you

rely

upon you

in

thi making this response.

15

Identify

every document

rely

upon

in

thi making this

denial

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 known 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

17

18

witnes thi Identify every witness who can provide testimony in support of this response and busines addres witness 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.

19

20
21

REQUEST FOR ADMISSION NO.5
Admit that defendant number fund was purchased in part with funds provided Ross Ros Castillo which were obtained from Alejandro Romero Garcia. Admit by Jaime

22

Deny _______
other than

23

24
25

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

an

every

fact

you

rely

upon

in

thi making this

response.

26

27
28

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 in the document relate thi the substance of the information contained as it relates to this response.
Identify

every

document

identify

the

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 2 of 15

Identify

give the

witness witnesss
subject

number
expected

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

and

testimony.

REQUEST FOR ADMISSION NO.6
Admit that defendant number fund was purchased in part with funds provided by Jaime Ross Ros Castillo which were obtained from bank accounts of Enrique Giraud Mijares account Mijare other Loma Palma Giraud and others at Scotiabank Inverlat Lomas Palmas Branch by wire transfers transfer traveler cheques and cash conducted travelers cheque by Account Executive Myriam Serdio. Admit

Deny _______
anything other than an

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

10

State

every

fact you

rely

upon

in

thi making this

response.

11

document
12

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

such

custodian
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

13

14

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 testimony.

15

16

REQUEST FOR ADMISSION NO.7
Admit that defendant number fund was purchased in part with funds provided by Jaime Ross Ros Castillo which were obtained from bank accounts of Enrique Giraud Mijares account Mijare other Loma Palma Giraud and others at Scotiabank Inverlat Lomas Palmas Branch by wire transfers transfer traveler cheques and cash conducted travelers cheque by Account Executive Myriam Serdio. Admit ________

17

18

19

Deny _______
other

20
21

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

than an

22

every fact you rely upon

in

thi making this

response.

23

document
24 custodian
the 25

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

substance

document

as

it

relate relates to this response. thi

26
27

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
give the expected testimony.

28

10

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 3 of 15

REQUEST FOR ADMISSION NO.8
Admit that defendant number fund was purchased in part with funds provided by Jaime Ross Ros Castillo which were obtained from bank accounts of Enrique Giraud Mijares account Mijare other Loma Palma Giraud and others at Scotiabank Inverlat Lomas Palmas Branch by wire transfers transfer traveler cheques and cash conducted travelers cheque by Account Executive Myriam Serdio.

Admit

Deny _______
than

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

an

State

every fact you

rely

upon

in

thi making this

response.

document
custodian
10 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

Il

12

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.

13

14

REQUEST FOR ADMISSION NO.9
Admit
the the purchase of defendant number XA-TSR was structured to conceal of the funds used to acquire the aircraft and to conceal the ownership fund source that

15

16

interest of Jaime

Ross-Castillo and Alberto

Abed-Schekaiban.

17

Admit
18

Deny _______
than an

19

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

20
21

State

every

fact you

rely

upon

in

thi making this

response.

document
22 custodian
the 23

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

such

of the document describe documents

substance

of the information contained

mattr addressed in the document and document as it relates to this response. relate thi

state

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
testimony.

26 27

REQUEST FOR ADMISSION NO. 10
Admit
the that the purchase of defendant number XA-TUF was structured to conceal fund source of the funds used to acquire the aircraft and to conceal the ownership

28

interest of Jaime

Ross-Castillo and Alberto

Abed-Schekaiban.

Case 2:04-cv-00363-JWS

Document 137-3

11

Filed 11/21/2005

Page 4 of 15

Admit
If

Deny _______
to Request for

you responded

Admission Admissions

10

with

unqualified admission
State

answer

the

following
in

Interrogatory

10

anything other than an

every

fact you

rely

upon you

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

substance

title author and date state the current or last known the subject matter addressed in the document and state relate thi of the information contained in the document as it relates to this response.

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
10 testimony.

and

REQUEST FOR ADMISSION NO. 11
Paragraph

11

number

fund funds
12

except

for the

and

through Ross denial indicates indicate lack

Ros

of the stolen 70 of the complaint states state The sole beneficiary returned transfers to the original Romero account transfer was Jaime Ross Ros two Alberto Abed and his straw or shell companies. In your answer your of knowledge
are

regarding the of the

funds source of the fund provided

by Ross.

13

Admit
14 benefit 15

that you

now

on

notice

funds source of the fund provided
refuse to disgorge the in the form of control

Ross by Jaime Ros
and continue
to

Castillo

and continue

to hold the

fund funds

fund funds

from the possession defendant aircraft.

funds of the fund

over the three

16

Admit

Deny _______

17

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

11

11

than an

18 State 19

every

fact

you

rely

upon

in

thi making this response.

20

21

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 identify custodian of the document describe the subject matter addressed in the document and state documents the substance of the information contained in the document relate thi as it relates to this response.
Identify

every document

document

the

22

23

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.

24

REQUEST FOR ADMISSION NO. 12
25

Paragraph 26 27

80 of the complaint

state states

The 6/13/01

wire of

$1000000 from
in

the

Romero BNP account to Ros Ross account at Casa de Cambio of Turismo por Computadora was then sent by Ross name Ros Lear Jet account in Dallas Texas as partial payment for the Dalla Texa
for that paragraph neither admit or denies the admits denie be divided into separate sections. allegations.

Mexico City in the in three $300000 increment increments to Defendant Lear. Your answer
Majapara Therefore allegation your allegations
will

28

12

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 5 of 15

A.

Admit

that

Abed

did

2001
Admit

as alleged

in paragraph

not provide Ros with $950000 in cash on or about June Ross 80 of your Answer.

20

Deny _______
for Admission Admissions

If you responded to Request unqualified admission answer the

12A

with

following Interrogatory

12A

anything other than an

State every fact you rely upon in making this response thi specifically including State why cash would be used in the performance of an proof of the source of the cash. international financial transaction of this magnitude. thi

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

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

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 give witnes number subject matter on which the witness is expected to testify and substance of the
the

11

expected
B. If

testimony. persist in your claim that

12

you

Abed

did provide

Ros Ross

with

$950000

in cash

on or

13

in paragraph 80 of your Answer Admit that the as alleged the financial transaction in cash was to conceal the fi.inds from fi.ind purpose of conducting the government of Mexico and the banks to which Abed was obligated regarding the

about June

20 2001

14

imminent Admit
If

financial

collapse

of

bank TAESA.

15

Deny _______
other

16

Admission 12B with anything you responded to Request for Admissions answer the following Interrogatory unqualified admission

than an

l2B

17 State 18 Identify 19

every

fact

you

rely

upon you

in

thi making this
in

response.

every

document

rely

upon

thi making this

denial

and as to each

such

document
custodian
the

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

known
and state

20

substance

of the information contained

in the

document

as

it

relate relates to this response. thi and

21

22

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.

23 C.

24
25

Admit that you have no evidence or records including deposit slips into Casa de record slip Cambio Majapara which establish what Ross may have done with the $950000 Ros in cash you allege was delivered on or about June 20 2001 as alleged in paragraph 80 of Answer. your Admit

26

Deny _______

27
28

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

12C

with anything other than an

12C

13

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 6 of 15

State

every

fact you

rely

upon
you
the

in

thi making this
in

response.

Identify

every document

rely

upon

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 and

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 D.
testimony. are based

Admit upon

that the allegation contained allegations oral representations representation allegedly

in paragraph

80 of your Answer

solely

made by

Ross.

Admit

Deny _______
for Admission Admissions

10

If you responded to Request unqualified admission answer the

12D

with

following Interrogatory

12D

anything other

than

an

11

State

every

fact

you

rely

upon you

in

thi making this
in

response.

12

Identify

every document

rely

document
13

custodian
the

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

upon

thi making this

denial

and as to each

such

substance

of the information contained

in the

document

as

it

relate relates to this response. thi

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 give witnes number subject matter on which the witness is expected to testify and substance of the
the

16

expected
E.

testimony.
that

17

Admit

contained
18

in paragraph

you have no evidence with which 80 of the Complaint
in the three

to dispute specifically

or contradict related

the

allegation allegations and

to the

source

Romero

of the fund contained funds Majapara

wire transfers transfer

dated June

25 27

29

19

from Casa de Cambio number 1. Admit
If

and which were applied to the purchase

of defendant

20

Deny _______

21

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

12E with

12E

anything other than an

22 every

you

rely

upon

in

thi making this response.

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 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

the

26 27

witnes thi Identify every witness who can provide testimony in support of this response addres witness 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

14

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 7 of 15

REQUEST FOR ADMISSION NO. 13
state Ros provided investigators states Ross investigator copy above transactions. Ross confirmed Ros that he then sent three $300000 wires on June 25 27 and 29 2001 from his Turismo wire por Nation Computadora account to an account at Nations Bank now Bank of America in Dallas Dalla in the name of Lear Jet Inc. In Answer you state Claimant believe the three wire Claimants your transfer came from funds provided transfers fund from legitimate earning earnings of Mr. Abed.
Paragraph 82 of the most recent of the

$1000000

BNP

complaint

wire transfer

reflecting

the

TX

Admit

that

claimant claimants have
in the wire

no evidence

upon which

to base

thi this belief that the fund funds
other

contained

transfer transfers

representation representations

allegedly

came from earning of earnings provided by Ross.

Abed

than oral

Admit

Deny _______

If you responded to Request for Admissions Admission with anything other than an unqualified admission answer the following Interrogatory

13

13

10

State

every

fact

you

rely

upon you

in

thi making this

response. denial

11

Identify

every

document

rely

upon

in

thi making this

and as to each such

document
12

custodian
the

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

known
and state

substance

of the information contained

in the

document

as

it

relate relates to this response. thi

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. 14
17

Paragraph
18

including paragraph to the Lear Jet funds fund

92 of the complaint refers to refer stipulation executed by Ross specifically which admit that allegations admits fund les traced allegation of funds of not less that $900000 of not less than les
traced to the

Ros

$892000 You

traced

to the

Austa

funds helicopter and fund of

19

les not less than 260-262

$250000
308

Cessna

aircraft also

as alleged that

in paragraph paragraphs

265

and 309 are correct.

deny

Ros Ross
upon

received

20
21

$5000000
provision.

in cash

from

Abed

and give notice

of reliance

80 82-83 90 les no less than Mexican Criminal Code

A. 22
23

Admit that claimants have no evidence upon which to contradict the admission of claimant Ross Ros that not less than $900000 of Romeros funds can be traced to the Lear Jet les Romero fund Romero funds of not less than $892000 can be traced to the Agusta helicopter and fund les Romero funds of not less than $250000 can be traced to the Cessna aircraft as fund les
alleged in paragraphs paragraph

80 82-83 90 260-262 Deny _______
for

265

308

and 309.

24

Admit
25

26

If you responded to Request unqualified admission answer the

Admission Admissions

14A

with anything other than an

following Interrogatory

l4A

27 28

State

every

fact you

rely

upon

in

thi making this

response.

Case 2:04-cv-00363-JWS

Document 137-3 15 Filed 11/21/2005

Page 8 of 15

document
custodian
the

identify

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

such

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

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 telqphone busines addres addres witnes number subject matter on which the witness is expected to testify and substance of the
give the

expected
B.

testimony.

Admit

that

Abed

provided

les not less than

$5000000

in cash

to Ross

Ros

for the

purchase

of

aircraft.

Admit

Deny _______

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

14B

with anything other than an

14B

10

State

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

11

document
12

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

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

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 give witnes number subject matter on which the witness is expected to testify and substance of the
the

15

expected
C.

testimony.

16

Admit

that

allegations allegation

Ross of Ros contained

in the

stipulation

do not accuse

Abed

of any

cnme
17

in Mexico.

Admit
18

Deny _______

19

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

l4C with

l4C

anything other than an

20
21

State

every

fact

you

rely

upon

in

thi making this

response.

22
23

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 as it relates to this response. relate thi
Identify

every

document

identify

the

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 give witnes number subject matter on which the witness is expected to testify and substance ofthe
the

expected D.

testimony.
that provisions provision in

26 27

Admit
United

admissibility

of the stipulation

Mexican Federal Penal Code Ross thi provided by Ros in this

are not determinative
civil

of the
in the

forfeiture

action

States.

28

Admit

Deny _______
16

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 9 of 15

If you

responded

to Request the

for

Admission Admissions

14D

with anything other than an

unqualified admission answer
State fact

following

Interrogatory

14D

every

you

rely

upon

in

thi making this

response.

Identify

every document

document
custodian
the

identify

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

such

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

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 telqphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the give the expected
testimony.

REQUEST FOR ADMISSION NO. 15
10

Paragraph Paragraphs

93 to 107 of the

Ros Ross Romero
11

and Inverlat

bank

transaction and involvement with complaint relate to transactions and financial transactions transaction related to his account and do not

mention

Abed
Admit

or his fellow claimants.

12

that claimant do not contest claimants

that these

event events

and including 107 happened
13

and that claimants have claimant complaint
specifically

allegation allegations

containecf specific

in the

in the paragraphs alleged paragraph 93 no reason to dispute the that claimants do not contest claimant

to

Romero
14

lost

sum which was Deny _______

repaid by Inverlat.

Admit
15 If

16

Admission you responded to Request for Admissions 15 with anything the following Interrogatory answer unqualified admission

other

15

than an

17

State

every

fact

you

rely

upon you
the

in

thi making this

response.

18

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
19

identify

custodian
the

of the

document by documents document describe
the

title author and subject in the

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

substance

of the information contained

document

as

it

thi relate relates to this response.

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 telerhone witnes number subject matter on which the witness is expected to testify and substance of the
expected testimony.

22

23 24

REQUEST FOR ADMISSION NO. 16
mentioned as owning an interest in Vuelamex in paragraph number 119 an allegation by Abed. The paragraphs of the complaint numbered 108 to 122 other paragraph with Ross Serdio victims generally victim than 119 relate to transactions transaction and involvement Ros described as the family of Em-ique Giraud Mijares Giraud and Inverlat Mijare bank and financial transaction transactions related to accounts of the victims and do not mention Abed or his fellow account victim
is

Abed

denied

25 26

claimants.

27 28

17

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 10 of 15

in the paragraph 108 to that claimants do not contest claimant that these events alleged event paragraphs the 118 and from 120 to 122 happened and that you have no reason to dispute in the complaint that you do not contest the victims victim allegation contained allegations specifically

Admit

lost

specific

sum which was

repaid by Inverlat.

Admit
If

Deny _______
other

Admission you responded to Request for Admissions 16 with anything the following Interrogatory unqualified admission answer

than an

16

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

10

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
testimony.

11

12

REOUESTFORADMISSIONNO.

17

13

14

admission The paragraph of the complaint numbered 123 to 138 relate to admissions made by paragraphs Serdio in an interview on or about March 22 2002 regarding victims victim generally described as the family of Enrique action of Ross and his co-conspirators Ros Giraud Mijares Giraud actions and Mijare co-conspirator
other

than mentioning

fear of

Abed

at

paragraph

136

do not mention

Abed

or his fellow

15

claimants.

16

A.

Admit

that

138 happened
17

complaint

that these events event alleged in the paragraph 123 to contest paragraphs and that you have no reason to dispute the allegations allegation contained in the that claimant do not contest claimants Serdio made these statements. specifically

claimant claimants do not

18

Admit

Deny _______

19

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

17A

with

17A

anything other

than an

20
State 21 Identify

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

22

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

23 24

substance

of the information contained

document

as

it

relate relates to this response. thi

25 26 27

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.

B.

Admit
fear

that

claimant claimants do not have any evidence
as alleged in the

with which to deny that Serdio has

of

Abed

paragraph

136.

28

18

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 11 of 15

Admit
If you

Deny _______
responded
to Request the for Admission Admissions

l7B with

unqualified admission answer
State

following Interrogatory

l7B

anything other than an

every

fact

you

rely

upon you

in

thi making this
in

response.

Identify

every

document

rely

upon

thi making this

denial

and as to each such

document
custodian
the

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

known
and state

substance

of the information contained

in the

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 busines addres addres witnes number subject matter on which the witness is expected to testify and substance of the
give the

expected

testimony.

10

REQUEST FOR ADMISSION NO. 18
The paragraph of the complaint numbered 139 to 154 relate to admissions made by admission paragraphs Serdio in an interview on or about April 10 2002 regarding victims generally described as victim the family of Enrique action Ros and Giraud Mijares Giraud actions of Ross and his co-conspirators Mijare co-conspirator
do not mention

11

12

Abed

or his fellow claimants.

13

14

Admit
in the

154 happened
15 statements. 16

claimant claimants do not contest that these events alleged in the paragraphs event paragraph 139 to and that claimants have no reason to dispute claimant the allegations allegation contained that claimants do not contest claimant Serdio made these complaint specifically
that

Admit
17 If

Deny _______

18

Admission you responded to Request for Admissions 18 with anything the following Interrogatory answer unqualified admission

18

other

than an

19

State

every

fact

you

rely

upon

in

thi making this

response.

20

21

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 as it relates to this response. thi
Identify

every

document

identify

the

22

23

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 subj ect matter on which the witness is expected to testify and substance of the
expected testimony.

24

25

REQUEST FOR ADMISSION NO. 19
The paragraphs of the complaint numbered 155 to 178 the first 177 paragraph 178 relate to admission made by Serdio in an interview on or about April 11 2002 regarding victims admissions victim described Giraud Mijares Giraud actions as the family of Enrique action of Ross and his Ros generally Mijare financial transactions transaction conducted co-conspirator co-conspirators by Serdio and do not regarding specific
mention

26 27

28

Abed

or his fellow

claimants.

19

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 12 of 15

Admit

that

claimant claimants do not
and that you

contest

that these

event events
Serdio
did

alleged the

in the

paragraph paragraphs 155
contained

to

178 happened

have

no reason

to dispute

allegation allegations
these in the table

in the

complaint
the

specifically that you do not contest financial transaction transactions alleged specifically in the
first

made

statement statements

and that

as set out occur.

of financial

transaction transactions

paragraph

number

178

Admit
If

Deny _______
other

Admission you responded to Request for Admissions 19 with anything the following Interrogatory answer unqualified admission

19

than an

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
custodian
the

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

known
and state

substance

of the information contained

in the

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 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.

12

REQUEST FOR ADMISSION NO. 20
13 14

Aerospace

Abed
15

numbered paragraph 177 of the complaint alleges that Bombardier allege the Defendant Lear Jet and sold it to Jaime Ross and Alberto Ros Inc. manufactured sale office in Tucson Arizona. through the Lear Jet regional aircraft sales and maintenance you
filed denied the

The second

The Answer
Calezar

Lear

1A was

sold to

Ros Ross

and claimed

that

Abed

through

Ltd

purchased

Lear with

Abed

family money.

16

17

A.

Admit Admit
If

that

Ros Ross

executed

the purchase

contract

for defendant

Lear

Jet.

18

Deny ______
other

19

Admission 20A with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

than an

20A

20
State 21

every

fact

you

rely

upon

in

thi making this

response.

22

23

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 subj ect 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

24

Identify

witness give the witnesss
25

number
expected

subject

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

testimony.

26
B.

27 28

Admit that not all of the purchase price other than the amount financed by BCI was find fund from paid from finds contained in the Calezar Ltd. account from funds provided

Abed

and his family.

20

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 13 of 15

Admit

________

Deny _______

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

20B

with

20B

anything other

than an

State

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

Identify

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 known 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 telephone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance of the
the

expected

testimony.

10

C.

Admit

that

11

Ross by Ros which were unrelated included receipt of funds from Abed and fund
controlled

portion

of the purchase

price

of the Lear Jet came
to the

from accounts account

Calezar

Ltd.

account

which

did

not

his family.

12

Admit
If

Deny _______

13

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

20C

with anything other

than

an

20C

14

every fact you rely upon in making every document you
the rely

thi this response. thi making this
state the denial current in the

15 Identify 16

upon

in

and as to each
or last

such

document
custodian
the

document by identify of the document describe documents
the

title author and subject
in

date matter addressed

known
and state

document

17

substance

of the information contained

the

document

as

it

relate relates to this response. thi

18

Identify

witness give the witnesss
19

number
expected

subject

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

testimony.

20

21

REQUESTFORADMISSIONNO.
Paragraph

21
state states

22

number

179 of the complaint

23

Contract negotiations Lear between BA in Tucson to purchase the Defendant negotiation and Ross and Alberto Abed commenced in approximately April 2001. Ros Arizona

24

The answer claimants claimant
25

filed denied

Ros Ross

was purchaser

under

limited

power of attorney

under

Irish law.

However

and claimed Ross acted only Ros claimant claimants admit Ros was Ross

guarantor of the financing. 26 A. 27 28

Admit
Lear

that

Ros Ross

Jet if he

would not have personally guaranteed the financing of the defendant for the purchase of the defendant Lear Jet. were not party to contract

Admit

Deny _______
21

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 14 of 15

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

2lA

with anything other than an

2lA

State

thi every fact you rely upon in making this response.

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each such identify the document 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

substance

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 telephone addres busines addres witnes number subject matter on which the witness is expected to testifj and substance of the
give the expected
B. testimony.

Admit
contract

that

Ros Ross

representative representatives
10

was the primary contact person or contract negotiator with the of Lear Jet for the purchase of the defendant Lear Jet executing
regarding
the sale contract.

all

document documents

Admit
11

Deny _______
for Admission Admissions to Request answer the following Interrogatory

If 12

you responded

21B

with

unqualified admission
State

2lB

anything other

than an

13

every fact you

rely

upon you

in

thi making this response.

14

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
15

custodian
the

document by identify of the document describe documents
the

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

substance

of the information contained

document

as

it

thi relate relates to this response.

16

17

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.

18

19

REOUEST FOR ADMISSION NO. 22
20 Paragraph
21

number

182 of the complaint

state states

The
22

N224LJ

23 24
25

United States registration State was registered just prior to export with Delaware corporation called Wilmington Trust Company as Owner Trustee effectively concealing the ownership interest of Ros and Abed Ross and their nominee foreign corporations.
aircraft to

The answer claimants claimant
rezistered to

filed denied

the

of

Abed

Wilmington Trust and claims that Abed has been cooperating and providing claim
years.

denied

that this registration thi

Lear Jet was exported admitted the jet was was used to conceal ownership

record records to the

govemment

for several

26 A. 27

Admit

that

the to

contract

executed

Ross by Ros

for the

exportation

Mexico

of the Lear Jet after

purchase cash sale.

of the Lear Jet called

for the

28

Admit

Deny _______
22

Case 2:04-cv-00363-JWS

Document 137-3

Filed 11/21/2005

Page 15 of 15