Free Motion to Stay - District Court of Arizona - Arizona

gsGI6/
PAUL
United
District

CFO
CI-IARLTON Anzona
of U.S. State Attorney

RECEIVED APR

12005

K.

State States Attorney

Reid

C. Pixler

Assistant Arizona

Bar No.

12850

Two

Renaissance

40 North Central Phoenix Arizona Telephone

Square Suite 1200

85004-4408

602514-7500

UNITED

STATES DISTRICT STATE

COURT

DISTRICT

OF ARIZONA

UNITED STATES OF AMERICA STATE
Plaintiff
V.

10
1.

11

31A-224
2.

Serial Lear Jet Model 31 U.S. Registration

Number

CIV-04-363-PHXJW CIV-04-363-PHXJWS NOTICE OF FILING

N224LJ
Serial

12

Agusta Helicopter Model A1O9E Number 11116 Mexican Registration

13

XA-TSR
3.

EVIDENCE OF SERVICE OF IN PROCESS PROCES IN MEXICO

REM

14
15

Cessna

Caravan

Model

208B

Serial

Number 208B-0941. Mexican

Re2istration

XA-TLF.
Defendants.

16 17 18

The
Assistant

plaintiff

United State States

State States

of America

by and
states state

through

its

attorney

Reid

C.

Pixler

United

19

Attorney
12

respectfully

follows as follow entered of

20
21

1.

Pursuant

to

page

of the

Order of this Court thi
of approximately

on February
detailed report

2005

the

file government files Exhibit pursuant Spanish
to the request

consisting

70 page pages

of activity
is

22 23

to serve

the

in

rem process proces

in

Mexico. The

original

of this exhibit thi

in

and has been

translated

into English.

Thi This

correspondence regarding

detail details the efforts taken effort
the theft

by

24
25

Mexico

regarding

thi this
the

joint

international

investigation

of funds fund
in

from the

Mexican bank and
States.

money
are

laundering

activity

which lead

this to thi investigation

the United
the

26 27 28

Also

included conducted

relevant

statement portion portions of statements made
countrie countries

in connection

with

joint

investigation

by

the variou various

and includes passages include passage

from

statement

given

Ross by Jaime Ros

to

Swis Swiss

Magistrate.

Case 2:04-cv-00363-JWS

Document 132-6

Filed 11/11/2005

/7

Page 1 of 6

ki

Case 2:04-cv-00363-JWS

Document 132-6

Filed 11/11/2005

Page 2 of 6

afl

SEAL
UNITED

STATE STATES

OF ASSISTANT ATTORNEY GENERAL INVESTIGATING
OFFICE ORGANIZED CRIME SPECIAL UNIT INVESTIGATING

OF MEXICO

OPERATION OPERATIONS USING ILLEGAL SOURCES SOURCE OF FUNDING AND MONEY
COUNTERFEITING A. P. PGRJSIEDOIUEIOFM/15/2004.
Official

Letter

ft

CGIS/1936/2004-NN.

RE COMPLIANCE WITH REQUEST FOR LEGAL SERVICES SUBMITTED SERVICE BY THE AUTHORITIES OF THE AUTHORITIE UNITED STATES OF AMERICA. STATE

Mexico

Mexico

City March

2005.

Mr. Miguel
and

Nava

Alvarado Esq.
of Extraditions Extradition

Director General Legal Service Services

HAND DELIVERED

In

compliance

with

the agreement reached section

in

the criminal

investigation
Political

cited

in

the above

caption

and based

article on articles 21. 102
2. 4.

and 133
for

of the

Constitution

of the United State States of
II

State of Mexico States Mexico

10

of the Agreement
for

Cooperation
Legal

between

the United

and the United

State States of America

Mutual

Service Services second

subsection section

45
of the

59

60 and 180 of the Federal and

Code of
11

Criminal

Procedure
sub-subsection

subsection

sub-subsections sub-subsection Office

and 20 subsection of the Republic
seventh

of the Organic
III

Law

of the Attorney of
its

General

27

28 subsection

and next

to

the last

paragraph

Rule Rules and Regulations Regulation
transitory in

subsection

XI of the Agreement A1068/03
letters letter

A1066/03
by the and

second
Attorney

sixth

and seventh

articles article

of the Agreement
to

both

issued

General

of the Republic
concerning

response
for

your

official

DGEAJ/6395/04

DGEAJ/8249/04
of the United the District

the request
in

Legal
to

Service Services
criminal

submitted investigation

by the Justice Department
the Attorney

State States of America

reference against

General for

of Arizona was
suspicion

pursuing
guilt in

due

to

strong

of

the commission

FRAUD AND SWINDLES FRAUD SWINDLE
TELEVISION.
serve notice

IN

EDUARDO ROSS CASTILLO and others ROS other MONEY LAUNDERING ELECTRONIC TRANSMISSIONS RADIO OR TRANSMISSION
JAIME
of the crime of crimes
is

The

purpose of Court Orders Order

said to

request Confiscate

to in

immobilize and secure two airships and airship
rem.

to

of two

___5
ANt CORRECT ATTACKED
TRANSLATION OF

urny

lBS TO

BE

TRUE

UMENTS.

BY TAVIWTtX.

m1I1ERflANStTJ

Case 2:04-cv-00363-JWS

Document 132-6

Filed 11/11/2005

Page 3 of 6

.4.

SPECiAL

UNJT INVESTIGATING

OPERATION OPERATIONS USING ILLEGAL SOURCES OF SOURCE

FUNDING AND

MONEY LAUNDERING.

A.P. PGR/SIEDOIUEIOFMJO1 5/2004

AGREEMENT
In

TO SECURE
City Federal

AIRSHIPS.

Mexico

District on February

seven

2005 two thousand and five
Attorney General

the

undersigned
Federation

IVANN VILLAVERDE GARCIA ESQ.
assigned
to

Deputy

of the

the Special

Unit

Investigating
in legal

Operation Operations

Using
with

Illegal

Source of Sources
witnesse witnesses

Funding and Money Laundering

acting stated

capacity

together

attending

who

sign and certify

at

the

end

HAVING
particular

SEEN

the

different

evidence

that

is

part

of this criminal thi October of this thi
with

investigation

and

in

the official

letter

number

DGEAJ/6395/04
and Legal service services
Justice

dated

2004 two thousand
Institution in

and
that

four signed Office
into

by

the

Director request

of Extraditions Extradition additional

Service Services
together

which

received Spanish

for

legal

its

corresponding

translation

the

language

submitted

by the
pursued

Department
S.

of the United
for

State of America States of Arizona of
guilt in

concerning against

criminal

investigation

by the U.

Attorney
to

the District

JAIME EDUARDO

ROS ROSS

CASTILLO RADIO
for

and others due other

strong

suspicion

the commission

of crime of crimes

MONEY LAUNDERING
OR
to

FRAUD AND SWINDLES FRAUD SWINDLE
The
objective

IN

ELECTRONIC
was
to

TRANSMISSIONS.
rem.
the

TELEVISION.
also

of

said

request
to

immobilize and secure two airships airship
in

and

serve notice submitted

of two Court Orders Order
the

Confiscate

Since

the request

legal

service services
Treaty

by

U.

S.

authoritie authorities

complie complies
the United intervene

with

provision provisions

of the Cooperation
in

between
Services Service

the United

State of Mexico States
Unit
is

and
to

State of America States
to

regard regards

to

Mutual
in

Legal

thi this Special

asked

undertake

all

possible

measure measures
to

order to
in thi this to the

immobilize and secure the two
country United

airship airships being
to also

Cessna and Augusta.
investigated serve the
the

which

seem

be be
in

secured
sent

in

relation

to

the event events

so that

said

airship airships

can

back

State of America. States
duly
certified to

and

Court

Orders to Order

Confiscate
into

rem which

are attached

and together

with

corresponding
all

translation part

the

Spanish
in into

language
present

these to

be served

whom
referred

it

may
here

concern
said

thi this

of the investigation

the

criminal

investigation
is

to

document The

having

been

translated

Spanish

the following

acknowledged of the
Judicial

Central Authority of the United

of the United

State of America States by
virtue

request requests the assistance

Central

Authority

State of Mexico States and the United

of the Agreement
in

of Mutual

Cooperation

between

Mexico The
U.
S.

State States

signed

Mexico
is

City on carrying

December
out criminal

1987

the

Agreement.
TelIez

Attorney

for

the District Alberto
for

of Arizona

investigation

on Jaime Eduardo

Ros Ross

Castillo

Abed Schekaiban

Maria Eugenia

Oropesa

and Myriam Serdio

Carranza

violating the criminal
in

law laws

of the United

State States
in

by fraudulent
the branch

transfer

of approximately
Inverlat

$13000000.00
in

U.

S. to

currency

from bank accounts account
in

of Scotiabank

Inverlat
to

Mexico

City
in

account accounts

Swis Swiss

bank.

These

fund funds
money

fraudulently
articles.

obtained Miriam
that

were used
has

buy airships airship

the United

State as well as jewelry States and
in

and other

Serdio place

admitted

her role in the fraud

the conspiracy

of

laundering

took

between

1997 and 2002

and Maria

Oropesa

was kidnapped
agents.

and murdered
purpose
that

in the

fall

of 2001.
is

Ros Ross
State States

Castillo

was recently detained
to

by Mexican
in

The

of this request thi
in

to serve notice

of the court orders order
to further TO BE

confiscate

rem

certain to

airship airships the

were purchased

the United
HEREBY

the criminal
TRUE Of

plan and

finally

confiscate

CERTiFY

THI THIS

NW

CORRECT

TRANSLATION

TrACHED

PO6flENT$.

Case 2:04-cv-00363-JWS SW

TAVR if.

Document 132-6

Filed 11/11/2005

Page 4 of 6

airship airships

on behalf
for

of the United
their

States. in

Thi This same
the

U.

S.

authority
is

offer offers

statement

of facts fact

that

form forms

the basis basi

request

which

following

highlighted

SUBJECT
Beginning
Serdio

AND NATURE OF THE REqUEST
in

A.

Fraud

---Castillo

June1997

and continuing
transferred

until

March
to

Ross 2002 Jaime Ros
be transferred

Myriam
the

and Maria Oropesa of clients client
at

illegally to

or caused
in

fund funds from
places.

account accounts
Castillo field

Inverlat

certain in

bank accounts account Mexico
City

Switzerland

and other

Ros Ross
in

was the Director

of

Inverlat

until

1998 when he took Pari Paris

of international

banking with
executive
in

Banque
in

Nationale

de

BNP
of of

position
City.

the

in

Mexico

Serdio

was

working
as

as

account accounts

the

Loma Lomas

Palma Palmas

branch

Inverlat.

Oropesa

was

working of
Inverlat

account accounts
are

executive
in

the Liverpool
City.

Polanco branch
until

Inverlat.

Both these branches branche
Castillo

located account and

Mexico
in

From 1997
that

March

of 2002 Ros Ross

and Serdio

defrauded
in

17

holder holders

plan

covered

32 accounts account
plan
cash.

and approximately
the fraudulent

$9000000
of fUnds fUnd
to

U.

S.

currency
electronic that

laundered

thi this product.

The and

involved

transfer

through
indicate Castillo In

transfer transfers

traveler travelers

check checks

False bank followed
for

account accounts

were created
instruction instructions

the stolen

hind hinds had been
payment

reinvested.

Serdio
Castillo

the detailed
in

Ros Ross

gave

her and received

from Ros Ross and

her services service
in

fUrthering

the plan.

2000 Ros Castilo Ross managed
large

met Maria Oropesa bank accounts account Grand Cayman managed
for for

enlisted

her to

participate

the conspiracy.

Oropesa number

lnverlat Alejandro

312893000

in

account account among them an investment Mexican Romero Garcia prominent

businessman.

Oropesa

thi this account

and another
statements.

one The

for

Romero

Garcia

and

periodically would provide
transferred to

him with account

product

of the fraud was
transferred paid

Switzerland. account
in

As

Ross Castillo per Ros Castillos

instruction instructions

Oropesa
that

hind hinds from
interest

Romero Garciis Garcii
rate.

Grand

Cayman

to

Swis bank Swiss

account

higher

ATTACHN1ENT.
Cayman
between
for

Romero
was

Garcia

continued

receiving earned

the

lower

interest

rate

that

the Grand

account

earning and the remainder
and Oropesa.
plan.

in the

Swis Swiss
in

bank

WAS DIVIDED
of 500000

Ros Ross

Castillo

Oropesa
Castillo

received

payment

the amount

peso pesos

her cooperation

in the at

Ros Ross
and

knew

that

Romero
trust in

Garcia

was the owner

of one of
only
in

the largest account U.
S.

account accounts

Inverlat

that

he

had complete

Oropesa

who was

his

representative.

On

March

29

2001 Oropesa
account
in

transferred
at

electronically

$4995000.00
corresponding Switzerland.

currency

from Romero Garcias Garcia and then
in to

Inverlat

Grand

Cayman
in

to

Swis Swiss bank
The

account

the

BNP

Account

Number 565181-3

Geneva

BNP

account

Switzerland

was

under the name of Alejandro
account
in

Romero

Garcia.

Ros Ross
and each The had

Castillo

and Oropesa

opened the

BNP
to

Switzerland

on March

22 2001
account.
for

individual

and unlimited
has

authority
that

withdraw

and deposit

hind hinds

in thi this

Swis Swiss
was fund funds

investigation
forged.

determined

the signature of Alejandro carried out
in

Romero

Garcia

this thi

account

Ros Ross
the

Castillo

and Oropesa number

numerou numerous

financial

transaction transactions

involving

from

BNP May
for

account

565181-3

Switzerland

under

the

name of Romero
transfer transfers
for at

Garcia.
to

Between account accounts

and July of 2001 Ross Ros
total in

Castillo

and Oropesa
in

made

electronic

other

amount
S.

of $3939000.00 were made
account
Ia to

U.

S.

currency.

Four transfers transfer
0251.5707.64-1

total

amount
Suisse

of $2612000
First

U.

currency

account

number on

Credit

Boston
Castillo

in

Switzerland.
his as

Thi This

had been opened
Garcia Perez.

May

2001 under the name Oropesa
laundered nor
in

of

Ros Ross
had

and

wife
to

Maria de

Luz

Neither

Romero
the

Garcia States State

any authority
the

thi this account.

The

product

of the fraud was
1RUL OF

United

through

purchase

of airships.

Ros Ross
AflMHED

Castillo

and anindividual

by the

name

of Alberto

Abed

THI HEREBY CERTIFY THIS 10 Ut AND CORRECT TRANSLATION

5.

Case 2:04-cv-00363-JWS

Document 132-6

Filed 11/11/2005

Page 5 of 6

Schekaiban

used
airship

part

of the

stolen

product

to

purchase

three

airship airships

between

March and
The

July of airship airships

2001

one

Lear Jet one
in

airship

Cessna Caravan
States.

and an Augusta
is

helicopter.

were financed

and bought

the United

Ros Ross
City.

Castillo In

the owner

and controls control

Turismo

por Compueadora from the account
financing currency account

travel

agency

in

Mexico

June

2001 three transfers transfer
Cain/i/o

were made
to

of Turismopor
Lear
Jet to in

Compwadora

at
S.

the Casa de

Majapara

master
in

Dalla Texa U. Dallas Texas
an
airship

A.

These Theses

transfer transfers 31

totaled serial

$900000

U.

S.

and were used number
out in

purchase

Lear

Jet

Model

A.

number

IA-224
airship

U.

S. registration jet the

N224LJ.

The

negotiation negotiations
In

for

the purchase of 2001

thi agreement of this two transfers transfer were

Lear

were

carried

Tucson

Arizona.

May

and June
to

made from
in

Credit

Suisse

account U.S.A.

number

025 1.5707.64-1
totaled

Cessna Aircraft
in

Company

located

Atlanta.

Georgia.
for

These transfers transfer
of an

$225000

U.

S.

currency

and were
serial S.

used

as

down payment 0941 Mexican
transferred

the purchase

airship

Cessna Caravan
In

Model 208B
in

number was

208B-

registration

number

XA-TUF.
number
U.
S.

July 2001

$892000
to

U.

currency

from Credit
located
in

Suisse account Philadelphia

0251.5707-64-1

Augusta Aerospace
for

Corporation helicopter Additional 05051 81-3

A.

fund These funds were used 11116
of
registration

the purchase

of

Augusta
transfer transfers
in

Model were

AIO9E
made
to the for

serial total

number amount number

number

KA_TSR.
account

$1327000

from the

BNP

number

Switzerland
the

account

456073727541

of the Casa de Cambio

Majapara

under

BNP
in

account

were

The remainder of the fund in the name of Turismo por Compu/adora funds transferred back again to Romero Garcias account Garcia number 31289300 finally
Also.

Grand
to

Cayman.

Ros Ross

Castillo

represented

several

fictitiou Irish fictitious Calezar

corporation corporations Limited

that

were

used

titleholder serve as titleholders

of the airships airship Limited.

Uptongrove These
inactive

Limited

Casafin controlled
in

Limited by Abed

and Hartslope
Schekaiban. under
the for

Holding Holdings

companie companies were owned and
opened
another

Ros Ross
name

Castillo

and Abed Schekaiban
Limited
three

BNP

account

Switzerland

of Calezar

through

which they processed
above. Lear

significant

amount
Castillo price

of fund funds and

the purchase

of the

airship airships

listed

On
Jet.

August

Ross 10 2001 Ros
total

Abed

Schekaiban

took

possession

of the Airship
to in

Of

the

purchase
Castillo

of approximately paid

$6 million due and payable
approximately
in

Bombardier
U.
S.

Aerospace

Ros Ross

and

Abed Schekaiban
from the The

$2800000
under

currency

out of the fund that funds Limited

came

BNP

account accounts was

Switzerland through

the name of Calezar names Capital

and Romero Garcia.
in

remainder
the

financed

Bombardier

Incorporated

and paid for Majapara.

part

with

fund funds from
The

account

number

456073727541 September
his

of the Casa de Cam/ia

Criminal

Investigation.

On

27

2001 Oropesa
in

met with

Romero

Garcia

who

asked

her for information

concerning murdered. her death

account

Grand

Cayman.

On

September Ross by Ros

28 2001
Castillo. in

Oropesa

was

kidnapped and
investigating

At the present
including any

time the Mexican participation the fraud

law enforcement

authoritie authorities After

are

possible

the assassination of

of Oropesa

global Garcia

conspiracy

revealed

committed of the
his

the

account account

Romero

Garcia.

Romero

had no knowledge
that

of the existence

BNP
Castillo

in his

name and was
to

not aware account.
Castillo

of the funds fund
Garcia

had been moved from met with

Grand

Cayrnan account
did not even

the
that

BNP Ros Ross

Romero

never

nor spoke to discovered. Since

Ros Ross
It

know

existed until Garcia
in thi this

after

the fraud

was

has

been

proven
has

that

the signature of
his

Romero

account

was

forgery.

then

Inverlat

delivered
filed

hind hinds

to

Romero

but the bank
in

has

not recovered

anything.

On

February

2002

Inverlat

criminal
federal

complaint

Switzerland
for

against

Ros Ross

Castillo.

Subsequently an indictment

Claude
against

Swis Wenger Swiss

magistrate judge

the

Canton

of

Geneva

issued

Ros Ross

Castillo

charging

him with

criminal count counts of bank THI 10 BE TRUE HEREBY CERTIFY THIS AND CORRECT TRANSLATION Of ATTACHED UMEIITS.
five

fraud and one of

money

laundering.

Case 2:04-cv-00363-JWS
DATE

TAV

Document 132-6

-fc

Filed 11/11/2005

Page 6 of 6