Free Motion to Stay - District Court of Arizona - Arizona

RECE WED

OCT

21

2005

PAUL

K.

CHARLTON

United States Attorney State District of Arizona

REID

C.

PIXLER

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

Assistant

reid.pixlerusdoj.gov

UNITED STATES STATE
DISTRICT

DISTRICT

COURT

OF ARIZONA

UNITED

STATE STATES OF

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

Plaintiff

10

v.

11

1.

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

Number

12

N224LJ

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

13

Defendants.
14

TO CLAIMANT
15

Alberto

Abed Schebaikan

through

his attorney

of record

Gerald

H.

Goldstein

and Cynthia E.
to Rule

On
and 36 Federal Rules of Rule
Civil

16

Pursuant

33 34

Procedure you

are requested

to

17

answer

in writing

and under

oath within 30 day of your days

receipt

of this document thi

the

18

following

discovery requests request

19

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

20
21

22
23

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

or

permanent
2.

including any

attorney

or designated

representative

of any

of the foregoing.

24
25

document

shall

mean

any

and
if

all

writing writings
data

drawing graph chart drawings graphs charts
compilation compilations

photograph photographs
detection

phono-record phono-records

tape

recording recordings
usable

other

from which
hereto

information can be obtained

or translated

necessary

by respondent

through
or

device devices

26

into reasonably

form notes memoranda reports form whether note report forms

27 28

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

foregoing
or

onginal

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

Case 2:04-cv-00363-JWS

Document 132-7

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Page 1 of 14

document documents
have

within the meaning hereof whether
to

or not handwritten

and whether

or not they of

been used

communicate

record

report or otherwise aid in the communication

any

of the information contained

therein.

3.

To identify

or

the

author and addressee document is not currently of
it.

the

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

means mean

to state the
its

title if any

possession

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

matter and

made

4.

To identify
number.

or

his title his present or last known

any

and phone

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

be identified

by name

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

5.

To identify

state its full

name

the

addres address and telephone
general partnership
10

11

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

12

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

13

14

15

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

Source

of information

mean means

obtained

any information including

16

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

set forth the material

name and

fact facts related

17

thereto.

18

8.

If any

information called
interrogatory

requested
19 related

such

shall be

to the

subject

matter or the

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

for

by any deemed

20
21

22
23

24
25

26 27
28

Case 2:04-cv-00363-JWS

Document 132-7

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Page 2 of 14

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

each

source and amount

to

required the
the

filing of the

tax return.

For

all

return returns

described

state

date

the

tax return

was was

filed

where
the

the

tax return

filed

name names

and

social

security

number numbers under
for any

which
five

the

tax return

was

filed

If

you did not your
that

file

tax

return

of these
filed

year years state

the

reason

why

and

10

whether

tax return individual

was prepared
or entity

or

by someone

other

than yourself and

if so identify 11 attach 12
all

document documents

referred

to above.

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

14

15

gift gifts or bequest bequests
16

gambling winnings winning
17

judgment judgments
18

or settlement settlements

monie monies in
19 interest

trust

income
the sale of collectibles collectible

20

proceeding from proceedings
21

and

loan loans
22

or other

line lines of credit.

Specify the following
23 the

for each

source of the person

addres name and address

or organization

from which

the

income was

24
25

received
the

date dates
reason

and
such

amount amounts of

income received
to you.

and

26

the

income was paid

27 28

Case 2:04-cv-00363-JWS

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Specify
the the date

and location
Security

the tax return

was

filed reporting

thi this income

Social or other

Number

SSN or

Employer Employers

Identification

Number

EN

used

identification

provided

with the tax return.

INTERROGATORY NO. 53
State the extent

and describe

with particularity

the

nature

of your interest in the three
or that

defendant
control specific limited

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

controlled

by you
acquired

company

which you
the

source

of fund used funds following
the the

how you

interest and

to acquire

the

aircraft.

Your answer

should

include

but not be

to

the

whom they
10 the

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

circumstance circumstances
interest in the

by which you acquired

or

obtained

any
11 the 12

aircraft

reason reasons

defendant

aircraft and

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

the

each and every aircraft was addresses names addresse and telephone

name

of the transactions transaction

by which

the

13

were obtained

and
or

14

15

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

53b

16

INTERROGATORY NO. 54
State identity the

17

name and address addres
holder for

of the financial
all

institution

the

account

number

and the

18

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

of the account

19

20
21

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

IRA

CDs NOW

interest

or any

other

financial

investment investments

indebtednes indebtedness

asset assets or liabilities liabilitie of any type.

22
23

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

24
25

26

27 28

Case 2:04-cv-00363-JWS

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

state the

name

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

you have

addres address
as the

the the

failure

personally guarantee
defaulted

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

upon

result of the

TAESA.

INTERROGATORY NO. 58
10 State 11 the the

defendant

purpose of your travel to Lear Jet
role did Jaime

Tucson Arizona

regarding the purchase

of

12

What

Ros Ross

Castillo

play in the

acquisition

of the

aircraft

13

Provide intended
to

the

name names

addresse addresses

meet

or contact

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

14

15

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

16

of defendant

according

to the the

initial

not financed.

Identify

from where

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

the

17

Why

were you unable
for the aircraft

to perform

according

to its term and terms

forced to negotiate
18

financing

19

INTERROGATORY NO.60
Jaime

20
21

Ros Ross

Castillo

has filed

pleading which

confirm confirms

that

ftind ftinds he obtained

from

22
23

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

INTERROGATORY NO.61
24

25

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

any

and

all

these

assisted

26

27 28

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INTERROGATORY NO.62
State the

any

and

all

fact facts supporting

defendant

aircraft

and produce

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

of

INTERROGATORY NO.63
Identify

each

and every document

document
currency.

that

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

Sign the

attached

verification

and forward

it

along

with your responses.

VERIFICATION
10

Alberto
11

Abed Schebaikan
by
federal

hereby
that

declare

certify and verify under

penalty of

perjury as provided
12

law

have

read the foregoing

Answer Answers

to Interrogatories Interrogatorie

and
13

that every

answer

is

true and

correct.

14

Executed
15

on

______________2005.

16

17

Alberto

Abed

Schebaikan

Claimant
18

19

20
21

22
23

24 25

26 27 28

Case 2:04-cv-00363-JWS

Document 132-7

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Page 6 of 14

DOCUMENT REOUEST FOR THE PRODUCTION OF DOCUMENTS
Pursuant
to Rule

34 of the Federal Rule of Civil Procedure Rules

you

are
all

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

agent

employee

or representative

a.

for each

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

foreign

tax return returns

filed

are unable

to produce

by you copie of copies

or on your behalf these tax returns return

please execute the appropriate
b.

authorization have

copie copies

of

all

document documents

that

been

identified

or

were required

to be identified

in response

to any

of the foregoing

interrogatorie interrogatories

c.

authorization authorizations but not limited

for your current

employer to

including
10
d.

to

payroll

record records

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

copie copies

11

relating to your acquisition

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

12

13

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

14

copie copies
to any

of

all

document documents
foregoing

that have

been

identified

or

were required

to be identified

in response 15

of the

interrogatories.

16

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

17

copie copies of

all

financial

statement statements

of

Abed

prepared

for submission

to any

financial

18

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

and

in this action thi

19
I.

copie copies of

all

current

financial

statement statements

of Abed.

20

21

22
23

24

25

26 27

28

Case 2:04-cv-00363-JWS

Document 132-7

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Page 7 of 14

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

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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

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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

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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 132-7

11

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Page 11 of 14

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 132-7

Filed 11/11/2005

Page 12 of 14

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 132-7

Filed 11/11/2005

Page 13 of 14

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 132-7

Filed 11/11/2005

Page 14 of 14