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. 29
A.
Admit
from
that
of the total purchase
price
defendant
number
BNP Swiss Swis
one
approximately
of approximately $6 million paid to BA for $2800000 of the payment which originated
controlled
account accounts which were
Ross by Ros and
not
Abed.
Admit
Deny _______
If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer
29A
with
29A
anything other
than an
State 10
thi every fact you rely upon in making this response. every
11
12
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 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 as it relates to this response. relate thi
Identify
document
the
13
14
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
15
16
B.
Admit
that
of the total purchase
price
of approximately
$6 million paid to
BA
for
defendant
17
Abed Abeds
Admit
If you
thi number one approximately $2800000 of this payment did not come income from TAESA held in accounts in the name of Calezar Ltd. account
from
18
Deny ______
responded
for
19
to Request answer the unqualified admission
Admission Admissions
29B
with anything other than an
following Interrogatory
in
29B
20
State 21 Identify
every fact you rely upon every document
thi making this response.
you
the
rely
upon
in
thi making this
denial
and as to each
such
22
23
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 and
24 give the
25
number
expected
witnes thi every witness who can provide testimony in support of this response busines addres witnesss witness personal addres and telephone number business address and telephone address witness matter on which the witnes is expected to testify and substance of the subject
Identify testimony.
26
C. 27
Admit that $892000 of the total purchase price of the Agusta is traced to finds find removed from the Romero accounts and not from any accounts controlled by Abed. account account Admit
28
Deny _______
37
Case 2:04-cv-00363-JWS
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Page 1 of 15
Admission 29C with anything you responded to Request for Admissions answer the following Interrogatory admission unqualified
If
other
than an
29C
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
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 telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.
REOUEST FOR ADMISSION NO. 30
Admit
10 the
Abed never supplied personal financial statement in support of of any of the aircraft including the defendant Lear Jet specifically purchase of including the submission personal statement to Wilmington Trust Company.
that
Alberto
11
Admit
________
Deny _______
for Admission Admissions
12
If you responded to Request unqualified admission answer the
30
with anything other
following Interrogatory
in
30
than an
13 State 14 Identify 15
every
fact
you
rely
upon you
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
16
17
relate relates to this response. thi Attach copy of the personal financial statement supplied by Abed to Wilmington Trust thi Company and every other company involved in this action.
as
it
substance
of the information contained
in the
document
18 give 19
Identify the witness witnesss subject
number
expected
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 witness matter on which the witnes is expected to testify and substance of the
testimony.
20
21
REQUEST FOR ADMISSION NO. 31
A.
22
Admit
that
Abed own owns
control or controls
financial
majority interest in Holding statement
in his
Aeronautica
Turistica 23
identified
in the as part
Wilmington Trust Admit
If
of the transactions transaction
presented to BCI and regarding the Lear Jet 31A.
name
24
25
Deny _______
with anything other than an
Admission 31 you responded to Request for Admissions answer the following Interrogatory unqualified admission
State
1A
26 every
fact
you
rely
upon
in
thi making this
response.
27
Identify
every
28
document
identify
the
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
Case 2:04-cv-00363-JWS
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38
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Page 2 of 15
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
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
B. testimony.
Admit
that
Holding
Aeronautica
Turistica
is
owned
and controlled
by Franmil
Holdings.
Admit
Deny _______
with
If you responded to Request for Admission 31 Admissions the following Interrogatory unqualified admission answer
31B
anything other than an
State
thi every fact you rely upon in making this response. every
10
11
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
12
13
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.
14
15
Admit Admit
If
that
Abed own owns
control or controls
majority interest of Franmil
Holdings.
16
Deny ______
17
Admissions 1C with you responded to Request for Admission the following Interrogatory unqualified admission answer
State fact
31C
anything other than an
18
every
you
rely
upon
in
thi making this response.
19
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 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
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 subject matter on which the witness is expected to testify and substance of the
expected testimony.
24
25
REQUEST FOR ADMISSION NO. 32
At paragraph
of the answer
the
26 291 27
28 that
all
fund funds
used
cash
from Mr.
Abed Abeds
to purchase legitimate
Claimant appears thi appear this assertion Claimants state their belief Defendant aircraft came from the Calezar Ltd. account
or
assets.
Case 2:04-cv-00363-JWS
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39
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Page 3 of 15
A.
Admit
belief
that that
Claimant Claimants have no evidence with which
all
Ltd.
account
to support the statement of such ftind ftinds used to purchase the Defendant aircraft came from the Calezar assets. or cash from Mr. Abeds legitimate
Abed
Admit
Deny _______
If you responded to Request for Admission Admissions unqualified admission answer the following Interrogatory
32A
with anything other than an
32A
State
every
fact
thi you rely upon in making this response. you
the rely
Identify
every document
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
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
expected
11
testimony.
12
B.
Admit
to
that
financial
account
in the
name
make
contract
13
controlled
payment payments by Abed nor did
for the
it
aircraft received
of Calezar Ltd. at BNP in Switzerland flind no flinds from any entity
used
receive
cash from Mr.
Abed Abeds
legitimate
assets.
14
Admit
If
Deny _______
other
15
Admission 32B with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer
than an
32B
16 State 17 Identify 18
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 known the subject matter addressed in the document and state in the
19
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 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
testimony.
23
C.
Admit
that
claimant claimants cannot demonstrate Casa de Cambio
legitimate
million dollar source for the millions of dollars
in aircraft progres payment in the progress payments
form of cash
24
Mexico
Cambio.
specifically
Intercontinental
House through Exchange Houses in and Consultoria Casa de
25
Admit
26
Deny _______
27 28
If you responded to Request for Admission Admissions unqualified admission answer the following Interrogatory
32C with
32BC
response.
anything other
than
an
State
every
fact you
rely
upon
in
thi making this
Case 2:04-cv-00363-JWS
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40
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Page 4 of 15
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 telephone 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. 33
At paragraphs 299 and 300 of paragraph
the
claimant answer claimants
from
assert that Ross
Abed 5950000 in cash from legitimate funds fund that Abed required Ross to sign Ros receipt.
A.
Abed Abeds
earning earnings
at
Ros received from TAESA and denied
that 10
Claimant Claimants have no evidence or financial records which support or establish record in cash from TAESA were ever presented to Ross as Ros $950000 payment for the LearJet3lA.
that
Admit
11
Admit
Deny _______
12
If Admissions you responded to Request for Admission unqualified admission answer the following Interrogatory
33A
with anything other than an
33A
13 State 14
every fact you rely upon
in
thi making this
response.
15
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
such
of the
document documents
describe
the
subject in the
matter addressed
in the
document
and state
16
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 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
19
testimony.
20
21
B.
generated from TAESA was required to be used first to pay and secondly to repay the loans to financial institution which loan institutions expense expenses defaulted were subsequently on as the result of non payment by TAESA.
Admit
that revenue
operating
22
23
Admit
Deny _______
If you responded to Request for Admission Admissions the following Interrogatory unqualified admission answer
33B
with
33B
anything other
than an
24
State 25
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 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
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Page 5 of 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
testimony.
C.
Admit
the
that the
generated
by
TAESA
of these
alleged
financial
transaction
was required
to be conducted
in cash from revenue involving $950000 in cash to prevent the discovery of insecure
diversion
fund funds
from the financially
company.
Admit
Deny _______
If you responded for Admissions Admission to Request unqualified admission answer the following Interrogatory
33C with
33C
anything other than
an
State
every
fact
you
rely
upon
in
thi making this
response.
10
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
11
substance
of the information contained
document
as
it
relate relates to this response. thi
12
13
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.
14
15
REQUEST FOR ADMISSION NO. 34
At paragraph
conducted on their behalf
that
16
305 of the answer claimants deny the details of financial claimant detail the basis of lack of knowledge and information. basi on
transaction transactions
17
Admit
18
claimant claimants have Answer
no evidence
responds.
or financial
record records which contradicts contradict
of the most recent
or to
disproves disprove the
information set out
in paragraph
305
Complaint
which claimants claimant
19
Admit
20
Deny _______
21
If you responded for Admissions Admission with anything other to Request the following Interrogatory unqualified admission answer
34
34
than an
22
State
every
fact
you
rely
upon
in
thi making this
response.
23
document
24
25
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
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.
28
Case 2:04-cv-00363-JWS
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42
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Page 6 of 15
REQUEST FOR ADMISSION NO. 35
aircraft as
At paragraph 311 of the answer claimants deny the Defendant Cessna and Agusta claimant fund Ros were paid for in part with stolen Romero funds from the Ross Credit Suisse account shown below. Admit
that
claimants have claimant
no evidence
or financial
record records which contradicts contradict
of the most recent
or to
information set out in paragraph which claimant Answer responds. claimants disproves disprove the
311
Complaint
Admit
Deny _______
for
If you responded to Request unqualified admission answer the
Admission Admissions
35
with
following Interrogatory
in
35
anything other
than an
State
every fact you rely upon every document
thi making this
in
response. denial
Identify 10
you
rely
upon
thi making this
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
11
substance
of the
information contained
in the
document
as
it
relate relates to this response. thi
12
13
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.
14
15
REQUEST FOR ADMISSION NO. 36
claimant claimants deny the details of financial transactions detail transaction of knowledge and information. The complaint Cessna was paid for in part by two large wires that originated wire at allege alleges that the Defendant Consultoria Casa de Cambio in the name of Flota Mexicana de Aviacion.
312 of the answer conducted
16
At paragraph
basi on their behalf on the basis of lack
17
18
Admit
19
that
claimant claimants have no evidence
or financial
record which contradicts records contradict
or to
disproves disprove the
which
20
information set out in paragraph claimants claimant Answer responds.
312 of the most recent
Complaint
Admit
21 If
Deny _______
responded
to Request the for Admission Admissions
you
36
with
22
unqualified
admission answer
State
following Interrogatory
36
anything other than an
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 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
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.
28
43
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REQUEST FOR ADMISSION NO. 37
denied that TAESA was operating capital of TAESA disappeared Ros strawman or front of Mexico denied that Abed used Ross as supported by the Republic find man to conceal his ownership interest of the aircraft and/or control over the finds admitted .. that TAESA pertained to and was operated by Abed and in 1995 TAESA fell into accident denied
that the
At paragraph
314 of
the
claimant answer claimants
alleged
that
TAESA
failed because
of an
grave financial A.
crisi crisis from
which
it
could
never recover. because
the
Admit
capital
that
TAESA
to continue
filed bankruptcy to function.
company
lacked
sufficient
operating
Admit
Deny _______
If you responded to Request for Admission Admissions unqualified admission answer the following Interrogatory
37A
with anything other
than an
37A
State 10
every
fact
you
rely
upon
in
thi making this
response.
11
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
such
of the document describe documents
matter addressed in the document
and state
12
substance
of the information contained
document
as
it
thi relate relates to this response. and
13
Identify give
witnesss the witness
subject
14
number
expected
witnes thi every witness who can provide testimony in support of this response address addres and telephone number business address and telphone busines addres personal matter on which the witnes is expected to testify and substance of the witness
testimony.
15
16
B.
Admit
bills.
that
the
grave
financial to the
crisi crisis from fact
it
which
it
could
never recover revenue
faced by
to pay
its
TAESA
17
in 1995
related
failed to generate
sufficient
18
Admit
Deny _______
for Admission Admissions
19
If you responded to Request unqualified admission answer the
37B
with anything other
than an
following Interrogatory
37B
20
State 21 Identify
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
22
23
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 and
24
25
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.
26
27 28
C.
Admit that the funds removed from TAESA by Abed as outlined in the complaint and fund answer in thi action and used to acquire the identified aircraft did not assist the this crisi grave financial crisis from which TAESA could never recover.
44
Case 2:04-cv-00363-JWS
Document 136-5
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Page 8 of 15
Admit
If
Deny _______
other
Admission 37C with anything you responded to Request for Admissions answer the following Interrogatory unqualified admission
than an
37C
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
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.
10
D.
Admit
that
the
Government of Mexico provided
institution institutions 11
to assist
TARSA
in obtaining
loan guarantees to financial guarantee financing to continue to operate.
Admit
12
Deny _______
for Admission Admissions
13
If you responded to Request unqualified admission answer the
37D
with
following Interrogatory
in
37D
anything other than an
14
State
every
fact
you
rely
upon
thi making this response. such
15
document
16
in making this denial and as to each thi Identify every document you rely upon the document author and date state the current or last known identify by title
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
17
18
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
E.
19
testimony.
for the benefit
20
21
Admit that by providing loan guarantees guarantee Mexico provided support to TAESA. Admit
of
TAESA
the
government of
Deny _______
other
22
23
Admission 37E with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer
If
37E
than an
24 25
State
every
fact
you
rely
upon you
the
in
thi making this
response. denial current in the
Identify
every document
rely
upon
in
thi making this
state the
and as to each
or last
such
document
26 27 custodian
the
document by identify of the document describe documents
the
title author and subject in the
date
known
and state
matter addressed
document
substance
of the information contained
document
as
it
relate relates to this thi response.
28
give
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 telephone addres busines addres
Case 2:04-cv-00363-JWS
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Page 9 of 15
number
expected
subject
matter on which the witness witnes
is
expected
to testify
and substance
of the
testimony.
F.
Admit that the funds removed from TAESA by Abed as outlined in the complaint and fund fund answer in thi action and used to acquire the identified aircraft were funds which were this loan required to be paid to repay the loans from the financial institutions. Admit
If
Deny _______
other
Admission you responded to Request for Admissions 37F with anything the following Interrogatory 37F unqualified admission answer
State
than an
every
fact
you
rely
upon you
the
in
thi making this
in
response.
Identify
every document
rely
upon
thi making this
denial
and as to each
such
document
custodian
10 the
document by identify of the document describe documents
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
11
12
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 witness number subject matter on which the witnes is expected to testify and substance of the expected
testimony.
13
14
G.
Admit
outlined
that
neither
Bankruptcy
15 aircraft. 16
TAESA nor Abed has reported to the Republic of Mexico and the Court the details about the fund removed from TAESA by Abed as detail funds
complaint and answer
in this action thi
in the
and used
to acquire the
identified
Admit
17
Deny _______
for
18
If you responded to Request unqualified admission answer the
Admission Admissions
37G
with anything other
than
an
following Interrogatory
37G
19
State
every
fact you
rely
upon
you
the
in
thi making this response.
20
Identify
every document
rely
upon
in
thi making this
state the
denial current
and as to each
or last
such
document
21
identify
custodian
the
of the
document by documents document describe
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
22
23
witnes thi Identi 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 H. testimony.
that if the
24
25
Admit
fund funds removed
26 27
aircraft that the
of Mexico and the Bankruptcy Republic from TAESA by Abed were used to fund creditor creditors
in the bankruptcy action
Court became
the
aware
that
could
purchase of additional make claim to the assets.
Admit
Deny _______
28
46
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Page 10 of 15
Admission you responded to Request for Admissions 37H with anything answer the following Interrogatory unqualified admission
If
other
than an
37H
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 such identif the document by title author and date state the current or last known identifS 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 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.
I.
Admit
that the
Abed
used
Ros Ross
to conduct
10
prevent Republic funds fund removed from
aircraft.
of Mexico
and
the
TAESA
by Abed
in an attempt to from becoming aware that bankruptcy were used to fund the purchase of additional the financial
transaction transactions
court
11
Admit
12
Deny _______
than an
13
If you responded to Request for Admissions 371 with anything other Admission 371 unqualified admission answer the following Interrogatory
14
State
every fact you
rely
upon
in
thi making this
response.
15
document
16
identify
thi Identify every document you rely upon in making this denial and as to each such 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
18
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.
19
20
21
REQUEST FOR ADMISSION NO. 38
At paragraph 315 of the answer claimants alleged that TAESA was formed by Rohn claimant 1967 and that TAESA was formed during the term of President Salina Salinas but denied airline was supported by Salinas and denied it was used by his cabinet Salina
in
22
23
A.
Admit Admit
If
that
TAESA
was formed during
the
Salina term of President Salinas
in 1987.
24
25
Deny _______
other
for Admissions 38A with anything Admission you responded to Request answer the following Interrogatory unqualified admission
than an
38A
26
State
every
fact
you
rely
upon
in
thi making this
response.
27
Identify 28
every document
document
identify
the
document
by
thi you rely upon in making this denial and as to each title author and date state the current or last known
such
Case 2:04-cv-00363-JWS
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Page 11 of 15
custodian
the
of the document describe documents
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
thi witnes 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 telqphone addres witnes number subject matter on which the witness is expected to testify and substance ot the give the expected
B. testimony.
Admit
that
President
aircraft during
members Salina and member of his cabinet Salinas regularly flew Salina period of time during the six year term of Salinas with periods
in
TAESA
or without
payment Admit
to
TAESA.
Deny _______
If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer
38B
with anything other than an
38B
State 10
thi every fact you rely upon in making this response. such
11
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
matter addressed
in the
document
and state
12
substance
of the information contained
document
as
it
thi relate relates to this response. and
13
14
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.
15
16
C.
Admit
that
at the
without
direction
the
made
17
law of airlines airline changes change in the Mexican laws regarding operation of the PRI and without the approval of President Salina and his Salinas
could never have been
administration operation
at
TAESA
formed and grown
to the
size
of
its
the
end of the term of Salinas.
18
Admit
19 If
Deny _______
other
20
21
for Admissions 38C with anything Admission you responded to Request SC admission answer the following Interrogatory unqualified
than an
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 telphone 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
28
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48
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Page 12 of 15
D.
Admit
that
Abed had
close
relationship
with President
Salina Salinas
party up to and including the date of the PRIE aboard.
of the seizure
of the Lear Jet
31A
and the PRI political with the President
Admit
________
Deny _______
for
If you responded to Request the unqualified admission answer
Admission Admissions
8D
with
following Interrogatory
38D
anything other than an
State
every
fact
you
rely
upon you
the
in
thi making this
in
response.
Identify
every document
rely
upon
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
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 witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.
11
12
REQUEST FOR ADMISSION NO. 39
At paragraph of the answer claimants alleged claimant that It is illogical association with President Salinas would have occurred Salina in that manner
never
that
13
that
TAESA
of
would
14
have had
financial
problem problems during
then
it
the
war
tariff of tariffs in the
90s period
President
15
Carlo Salinas because Carlos Salina
had they say he Cabinet of the Mexican was not
Abed
received
and Government.
he Abed would have received that support that would have been the official airline of the That is why the facts demonstrate that Salinas fact Salina treatment of the
16
Government
17
and TAESA partner of Mexico.
did not receive support or preferential
18
A.
Admit
that
the
war of
tariff tariffs occurred
in 1995
afler the
expiration
of the
term of
President Salinas.
19
Admit
20
21
________
Deny _______
for
If you responded to Request unqualified admission answer the
Admission Admissions
39A
with anything other
than an
following Interrogatory
39A
22
23
State
every
fact
you
rely
upon you
the
in
thi making this
response.
Identify
every document
rely
upon
in
thi making this
denial
and as to each
such
document
24 custodian
the 25
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
thi to this response.
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.
28
Case 2:04-cv-00363-JWS
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Page 13 of 15
B.
Admit
that
the
grave
financial
crise crises
facing
TAESA
occurred
only after the
expiration
of the term of President
Salinas.
Admit
If
Deny _______
to Request the for Admission Admissions
you responded
39B
with anything other than an
unqualified admission answer
State fact
following
in
Interrogatory
39B
every
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
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
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
10
expected
testimony.
11
REQUEST FOR ADMISSION NO. 40
At paragraphs 327 and 328 of the answer claimants admitted that the TAESA claimant paragraph cnse cnses continued into 1997 when TAESA offered 49% of the company share shares to its creditor in exchange for the debts which were in default or about to become unpayable. creditors debt The debt debts amounted the banks to approximately Pursuant to the reorganization bank 150000000. which acquired shares of stock in TAESA included Banco Union which acquired share share $100000000 in shares of stock Banco del Centro acquired $15000000 Bancrecer $6500000 Multiva $6000000 Bancomer $5400000 Banco Santander-Mexicano $5200000 Banco Intemacional $2300000 and Arrendadora Bancomer $2000000. Claimant Claimants allege that it is possible that shares of TAESA were deposited with Banco Union share to secure the loan. However the bank never acquired the shares. The other banks were not bank
financial addressed.
12
13
14
15
16
17
18
Claimant Claimants
asset assets
or
19
working capital. TAESA demonstrated in its agreement of its financial statements statement that it had operative and demonstrating that it was viable business busines profits. It kept operating and that it had the possibility to restructure itself that is why no judge authorized the
insolvency judgment A.
at
also alleged
that in 1997
TAESA
did
not attempt to operate
with no liquid
20
21
that time.
Admit
that
cancellation 22 identified
of ownership of shares of stock for the share proposed an exchange of debt in the approximate amount and to the Financial Institution Institutions above and in paragraphs 327 and 328 of the most recent complaint. paragraph
TAESA
23
Admit
Deny _______
for Admission Admissions
24
If you responded to Request unqualified admission answer the
40A
with
following Interrogatory
40A
anything other than an
25 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
27
document
custodian
the
identify
of the
document by documents document describe
the
title author and subject in the
date
known
and state
matter addressed
in the
document
28
substance
of the
information contained
document
as
it
relate relates to this response. thi
50
Case 2:04-cv-00363-JWS
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Page 14 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
expected
testimony.
and
B.
Admit
that
each
of the above
financial
institution institutions
instrument instruments or stocks for the cancellation stock above and in paragraphs 327 and 328 of the most recent paragraph
of equity the exchange accepted debt as TAESA proposed and outlined of complaint.
Admit
Deny _______
If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory
40B
with anything other than an
40B
State
every
fact
you
rely
upon
in
thi making this
response.
10
11
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 relate thi as it relates to this response.
Identify
every
document
identify
the
12
13
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.
14
15
C.
Admit
as the
that this exchange thi
of an equity
interest for
debt interest in 1997
is
referred
to
reorganization
of
TAESA.
16
Admit
17
Deny _______
18
If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory
40C with
40C
anything other than an
19
State
thi every fact you rely upon in making this response. every
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 identify custodian of the document describe documents the subject matter addressed in the document and state in the document thi the substance of the information contained as it relates to this response. relate
Identify
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 telqphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected D. testimony.
that after this reorganization thi Banc Union owned shares at $100000000 in share of stock. substantial interest of
24
25
Admit
TAESA
26
valued
Admit
27 28
If
Deny _______
other
Admission 40D with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer
40D
than an
51
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