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
Document 132-1047 Filed 11/11/2005
Page 1 of 20
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
Case 2:04-cv-00363-JWS
Document 132-10
48
Filed 11/11/2005
Page 2 of 20
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
Document 132-10
49
Filed 11/11/2005
Page 3 of 20
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
Document 132-10
Filed 11/11/2005
Page 4 of 20
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
Case 2:04-cv-00363-JWS
Document 132-10
Filed 11/11/2005
Page 5 of 20
State
every fact you
rely
upon
in
thi making this
response.
document
custodian
the
thi Identify every document you rely upon in making this denial and as to each the document author and date state the current or last known identify by title of the document describe documents
the subject in the
such
matter addressed
in the
document
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and teleyhone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
E. testimony.
Admit
that
after this reorganization thi or
in
1997
TAESA
still
lacked
asset liquid assets continue
working
capital
with which to pay
its bill bills
adequate capital and obligations obligation required to
operation.
Admit
10 If
Deny _______
other
Admission you responded to Request for Admissions 40E with anything answer the following Interrogatory unqualified admission
than an
40E
11
State 12
every
fact
you
rely
upon
in
thi making this response.
13
document
custodian
the
thi Identify every document you rely upon in making this denial and as to each such the document identify by title author and date state the current or last known of the documents describe document the subject matter addressed in the document and state of the information contained
in the
14
substance
document
as
it
relate relates to this response. thi
15
give the
16
number
expected
and witnes thi every witness who can provide testimony in support of this response busines addres business address and telejhone witnesss witness personal addres and telephone number address witness matter on which the witnes is expected to testify and substance of the subject
Identify testimony.
17 that by continuing to operate TAESA after the reorganization in 1997 Abed and his associates associate had an opportunity to remove misdirect and conceal the liquid asset assets of TABSA.
18
F.
Admit
19
20
Admit
Deny _______
for
21
If you responded to Request unqualified admission answer the
Admission Admissions
40F
with
following Interrogatory
40F
anything other than an
22
State 23
every
fact
you
rely
upon
in
thi making this response.
24
25
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify the subject custodian of the document describe documents matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every
document
the
26 27
witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.
and
28
52
Case 2:04-cv-00363-JWS
Document 132-10
Filed 11/11/2005
Page 6 of 20
REQUEST FOR ADMISSION NO.41
At paragraph
described
reorganization
company
daily
had
lost 2/3
claimant 329 of the Answer claimants admit that subsequent to the above of TAESA because the Bancomer demanded the dissolution of its capital had not made bank loan payments and could not meet payment
its
cash
Claimant
flow requirement or debt obligations However requirements obligation required to continue to operate. Abed states that Bancomer was incorrect at this time and was denied dissolution of thi state
TAESA.
A.
Admit
capital
that
after the
TAESA
reorganization
there
had been
substantial
reduction
of
as alleged
by Bancomer.
Admit
If
Deny _______
other
Admission you responded to Request for Admissions 4lA with anything the following Interrogatory answer unqualified admission
than an
4lA
State 10
every
fact
you
rely
upon
in
thi making this response.
11
12
thi Identify every document you rely upon in making this denial and as to each such document-identify the document by title author and date state the current or last known the subject custodian of the documents describe document matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response. thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the give the expected
testimony.
13
14
15
16
B.
Admit
that
after the as alleged
TAESA
reorganization
TAESA
could
not
make bank
loan
payment payments
17
by Bancomer.
Admit
18
Deny _______
19
If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer
4lB with
4lB
anything other
than an
20
21
State
every
fact
you
rely
upon
in
thi making this
response.
22
thi you rely upon in making this denial and as to each such document by title author and date state the current or last known custodian of the document describe the subject documents matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every document
document
identify
the
23
24
25
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
C. testimony.
26 27
Admit
that
after the
TAESA
reorganization
TAESA
could
not meet
its
daily
cash flow
requirement requirements Bancomer. Admit
or debt obligations obligation
required to continue
to operate
as alleged
by
28
Deny _______
Case 2:04-cv-00363-JWS
Document 132-1053 Filed 11/11/2005
Page 7 of 20
If you unqualified
responded
admission answer
State
to Request the
for
Admission Admissions
41
with anything other
than an
following Interrogatory
41C
every
fact
you
rely
upon
in
thi making this response.
thi document you rely upon in making this denial and as to each such document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document as it relates to this response. relate thi
Identify
every
document
identify
the
thi witnes Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telqphone witnes number subject matter on which the witness is expected to testify and substance of the expected
testimony.
and
REQUEST FOR ADMISSION NO. 42
10 practice
11
At paragraph
332 of
the
claimant Answer claimants
denied that
of systematically fund removing funds from in part on the basis that IMSS prohibited Mr. basi account accounts
IMS
TAESA
Abed had engaged in fund placing the funds in secret Abed from access to any TAESA acces
accounts. 12
13
A.
Admit
that
despite
all
the
IMS IMSS prohibition
consultant
Mr.
Abed
continued
entitie entities
TAESA
14
to operate
and control
controlled.
and
of the related
contracts contract
with
which he
Admit
15 If
Deny _______
other
16
for Admissions 42A with anything Admission you responded to Request the following Interrogatory unqualified admission answer
than an
42A
17
State
every
fact
you rely upon
in
thi making this
in
response.
18
Identify
every document
you
the
rely
upon
thi making this
state the
denial current
and as to each such
or last
document
19
custodian
the
document by identify of the document describe documents
the
title author and subject in the
date
known
and state
matter addressed
in the
document
substance
of the information contained
document
as
it
relate relates to this response. thi and
20
21
witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
B. testimony.
22
23
Admit
that
despite
the
IMS IMSS prohibition
rendered
Mr.
Abed had
the
24
complete payment which he controlled such as Holding Aeronautica would not be apparent or discovered by IMSS.
for alleged
service services
with documentation
Turistica
bill ability to submit bills for from entities entitie
S.A.
de C.V.
which
25
Admit
26
Deny _______
27 28
If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer
42B
with
42B
anything other than an
State
every
fact
you
rely
upon
in
thi making this
response.
Case 2:04-cv-00363-JWS
Document 132-10
54
Filed 11/11/2005
Page 8 of 20
Identify
every document
you
rely
upon
in
thi making this
denial
and as to each
such
document
custodian
the
document by identify of the document describe documents
the
state the current or last known title author and date the subject matter addressed in the document and state in the
substance
of the information contained
document
as
it
relate relates to this response. thi
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the
expe.cted
testimony.
that
C.
Admit
account
Mr.
Abed
personally
knew
those involved
in intemational travel including
the major customers of customer and could direct them to out
TAESA
particularly to any
make payments payment
he chose
account accounts
of the territorial jurisdiction
of Mexico.
Admit
If
Deny _______
other
Admission 42C with anything you responded to Request for Admissions answer the following Interrogatory unqualified admission
than an
42C
10 State
11
every
fact
you
rely
upon
in
thi making this response. such
12
document
custodian
the
identify
thi Identify every document you rely upon in making this denial and as to each the document by title author and date state the current or last known
the subject in the
of the document describe documents
matter addressed
in the
document
and state
13
substance
of the information contained
document
as
it
relate relates to this response. thi
14
Identify
witness give the witnesss
15
number
expected
subject
thi witnes every witness who can provide testimony in support of this response and addres busines addres personal address and telephone number business address and telqphone witness matter on which the witnes is expected to testify and substance of the
testimony.
16
17
D.
18
TAE Sales financial accounts in the Cayman Islands discussed in Sale account Island 346-364 of the most recent complaint are accounts created for Mr. Abed account paragraph paragraphs to direct major customers of TAESA to make payments out of the territorial customer payment
Admit
that the jurisdiction
of Mexico.
19
Admit
20
Deny _______
for Admission Admissions
21
If you responded to Request unqualified admission answer the
42D
with
following Interrogatory
42D
anything other than an
22
23
State
every
fact
you
rely
upon
in
thi making this response. such
Identify
every document
document
24
25
identify
custodian
the
of the
document by documents document describe
the
thi you rely upon in making this denial and as to each title author and date state the current or last known
the subject in the
matter addressed
in the
document
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
Identify
26
witnesss give the witness
number
27 expected
subject
witnes thi every witness who can provide testimony in support of this response and address addres and telephone number business address and telephone busines addres personal matter on which the witnes is expected to testify and substance of the witness
testimony.
28
Case 2:04-cv-00363-JWS
Document 132-10
55
Filed 11/11/2005
Page 9 of 20
REQUEST FOR ADMISSION NO. 43
A.
Admit
fact
that
Ros Ross
was
selected
conduct
financial
to open account accounts and banking transactions transaction
for
Abed
and his companie companies
and did in
for Abed.
Admit
Deny _______
If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer
43A
with anything other than an
43A
State
every fact you rely upon every
in
thi making this
response.
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
document
the
10
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance of the
the
11
expected
B.
testimony.
12
Admit
that
Ros Ross
acquisition 13
was approached by Abed or on behalf of Abed to be involved in the and financing of aircraft for an aircraft company Abed intended to start in
Mexico. Admit
If
14
Deny _______
other
15
Admission 43B with anything you responded to Request for Admissions the following Interrogatory answer unqualified admission
than an
43B
16 State 17
thi every fact you rely upon in making this response. every
18
19
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
document
identify
the
20
21
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the
expected 22 23
testimony.
REQUEST FOR ADMISSION NO. 44
A.
24
25
Admit
signed
that
Ros Ross
received
million millions of U.S.
dollar dollars directly
receipt receipts
in the
name names
of member of members
Abed Abeds
from Abed family members.
for
which Ros Ross
Admit
26
Deny _______
27
If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory
44A
with anything other
than
an
44A
28
State
every
fact
you
rely
upon
in
thi making this
response.
56
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document you rely upon in making this denial and as to each such thi document identify the document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every
in support of this response and thi witnes Identify every witness who can provide testimony witness witnesss personal address and telephone number business address and telqphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the
expected
B.
testimony.
Admit
that
Ros Ross
would
take
the
his direction
to variou exchange various
which he received either from Abed or at currency house or casas de cambio including Majapara and houses casa
Consultoria Internacional Casa de Cambio and wire the money to accounts as directed account names Ros by Abed to account name which were all companies which Ross knew to be companie banks companies companie which were controlled by Abed including Franmil and Calezar at bank in
New York Miami and
Admit
10 If
Geneva.
Deny _______
other
11
Admission you responded to Request for Admissions 44B with anything the following Interrogatory unqualified admission answer
than an
44B
12
State
every fact you rely upon in making
thi this response. such
13
document
14
identify
thi Identify every document you rely upon in making this denial and as to each the document title author and date state the current or last known by
the subject in the
custodian
the
of the document describe documents
matter addressed
in the
document
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
15
16
witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
C. testimony.
17
18
Admit
that
transaction transactions
19
body guard of Abed was were performed.
frequently
sent
with Ros to insure the cash Ross
Admit
20
If
Deny _______
other
21
Admission you responded to Request for Admissions 44C with anything admission answer the following Interrogatory unqualified
than an
44C
22
State
every
fact
you
rely
upon
in
thi making this response. such
23
Identify
every document
document
24
25
identify
custodian
the
of the
document by documents document describe
the
thi you rely upon in making this denial and as to each title author and date state the current or last known
the subj ect matter addressed in the in the
document
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
26
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.
27
28
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REQUEST FOR ADMISSION NO. 45
A.
Admit that Abed moved or caused to be moved the approximate sum of $6245595 from the TAE Sales accounts in the Cayman Islands into payments made to each of Sale account Island payment
these three
defendant
aircraft
as detailed
in the
most
recent
complaint.
Admit
If
Deny _______
Admission you responded to Request for Admissions unqualified admission answer the following Interrogatory
State
45A
with anything other than an
45A
every
fact you
rely
upon
you
in
thi making this response.
Identify
every document
rely
upon
in
thi making this
denial
and as to each
such
document
custodian
the
document by identify of the document describe documents
the
title author and date state the current or last the subject matter addressed in the document in the
known
and state
substance
of the information contained
document
as
it
relate relates to this thi response. and
10
11
witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone number subject matter on which the witness is expected to testify and substance of the witnes
expected
testimony.
12
13
B.
Admit
that
the
approximate
sum
of
$6245595
in the
TAE
Sale account Sales accounts
in the
Cayman
14
Island Islands
was generated
by
the
operation of
TAESA.
Admit
15 If
Deny _______
other
16
Admission you responded to Request for Admissions 45B with anything answer the following Interrogatory unqualified admission
than an
45B
17
State
every
fact you
rely
upon you
in
thi making this response.
18
Identify
every document
rely
upon
in
thi making this
denial
and as to each
such
document
19
custodian
the
identify the document by title author and date state the current or last the subject of the documents describe document matter addressed in the document
known
and state
substance
of the information contained
in the
document
as
it
relate relates to this response. thi and
20
21
witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telphone witnes number subject matter on which the witness is expected to testify and substance of the
expected
C. testimony.
22
23
Admit
that
Caynian 24
the approximate Island Islands was subject
sum
of
$6245595
in the
TAE
of
Sale account Sales accounts
in the
to the
claim of creditors creditor
TAESA.
Admit
25
Deny _______
26 27
If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory
45C with
45C
anything other than an
State
every
fact you
rely
upon
in
thi making this
response.
28
Case 2:04-cv-00363-JWS
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Page 12 of 20
Identify
every document
you
the
rely
upon
in
thi making this
denial
and as to each
such
document
custodian
the
identify
of the
document by documents document describe
the
title author and subject in the
date state the current or last matter addressed in the document
known
and state
substance
of the information contained
document
as
it
relate relates to this response. thi and
thi witness Identify every witnes who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the expected D.
testimony.
Admit
the
that
the
Sale account Sales accounts in the Cayman Islands to the purchase of additional Island aircraft was done in thi manner to conceal the funds from the creditors of TAESA and to fund creditor this conceal the interest of Abed. Admit
TAE
purpose
of the
movement
of the
approximate
sum
of
$6245595
in
Deny _______
for
10
If you responded to Request unqualified admission answer the
Admission Admissions
45D
with anything other than an
following Interrogatory
45D
11
State
every
fact
you
rely
upon
in
thi making this response.
12
13
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe the subject documents matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every
document
identify
the
14
15
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
E. testimony.
16
17
Admit
18
between December 30 1999 and January Franmil Holdings 2000 Holding number 5648139 at BNP in Switzerland received three wire transfers totaling transfer $6245595 from the BBV account in Grand Cayman in the name of TAE Sales Sale
that
account
transferred 19
through
BNP New
York.
Admit
20
21 If
Deny _______
other
Admission you responded to Request for Admissions 45E with anything unqualified admission answer the following Interrogatory
45E
than an
22
23
State
every
fact
you
rely
upon
in
thi making this
response.
24
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every
document
the
25 26
witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected testimony.
and
27 28
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REQUEST FOR ADMISSION NO. 46
A.
Admit
that
when
TAESA
failed
several
Mexican bank banks
of
unit
lost approximately
$150000000 called FOBAPROA.
Admit
which became
an obligation
of the
Mexican Government
Deny _______
If you for Admission Admissions responded to Request the following Interrogatory unqualified admission answer
46A
with
46A
anything other than an
State
every
fact
you
rely
upon you
the
in
thi making this
response.
Identify
every document
rely
upon
in
thi making this
state the
denial current
and as to each
or last
such
document
custodian
the
identify
of the
document by documents document describe
the
title author and date subject in the
known
and state
matter addressed
in the
document
substance
of the information contained
document
as
it
relate relates to this response. thi
10
11
witnes thi Identify every witness who can provide testimony in support of this response and busines addres witness witnesss personal address and telephone number business address and telephone addres give witnes number subject matter on which the witness is expected to testify and substance of the
the
expected
12
testimony.
13
B.
Admit that when TAESA failed which became an obligation of
Banco Union lost approximately unit of the Mexican Government
$100000000
called
14
FOBAPROA.
Admit
15
Deny _______
for Admission Admissions
16
If you responded to Request unqualified admission answer the
46B
with anything other
than an
following Interrogatory
46BA
17 State 18 Identify 19
every
fact
you
rely
upon
you
in
thi making this response.
every document
rely
upon
in
thi making this
denial
and as to each such
document
custodian
the
document by identify of the document describe documents
the
title author and date state the current or last the subject matter addressed in the document in the
hiown
and state
20
21
substance
of the information contained
document
as
it
relate relates to this response. thi and
22
23
witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.
24
REQUEST FOR ADMISSION NO. 47
Admit
that the
25
Cayman
26
in the
sum of $6245595 from the BBV account in Grand approximate name of TAE Sales and transferred to Franmil at the direction of Sale
from
Abed
was revenue generated Admit
TAESA
for intemational flights.
27 28
Deny _______
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Page 14 of 20
If you
responded
to Request the
for Admission Admissions
47
with
unqualified admission answer
State
following Interrogatory
47
anything other
than
an
every
fact you
rely
upon
in
thi making this response. such
Identify
every document
document
custodian
the
document by identify of the document describe documents
the
each thi you rely upon in making this denial and as to title author and date state the current or last known
the subject in the
matter addressed
in the
document
and state
substance
of the information contained
document
as
it
relate relates to this response. thi and
thi witnes Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the expected testimony.
REQUEST FOR ADMISSION NO. 48
10
11
claimant claimants admitted that on or about October 27 2004 Alberto Arizona with his attorneys to be interviewed informally by appeared Phoenix attorney The following requests relate to admissions made at that time in the presence admission investigators. request
In the
at
Answer
in
371
Abed
of the attorneys attorney
12
of Abed.
13
A.
Admit
that
on October
27 2004
an investigator
in his
financial 14
statement
Capital
which was executed
as part
name
Mr. Abed provided copy of the and which was submitted to
for Defendant
Bombardier
of the financing
package
1.
15
Admit
16 If
Deny _______
other
17
Admission you responded to Request for Admissions 48A with anything the following Interrogatory unqualified admission answer
48A
than an
18
State
every
fact
you
rely
upon
in
thi making this
in
response.
19
Identify
every document
document
20 custodian
the 21
identify
of the
document by documents document describe
the
you rely upon title author and
the subject in the
thi making this
denial
and as to each
such
date state the current or last known matter addressed in the document and state
substance
of the information contained
document
as
it
relate relates to this response. thi and
22
23
thi witnes Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
The witnesse shall include the two attorneys witnesses expected testimony. attorney will be taken regarding this issue. thi
present
whose depositions deposition
24
25
B.
Admit
stated the
that
on October statement
27 2004
the
in response
to
that he
had not seen
financial
statement
Abed question from the investigator to its submission to BCI but prior
26 27
financial
he was looking
at which had been
BCI
as part of the financing arrangement for the Lear Jet total fabrication not reflecting his personal wealth and that the
31A
Ross supplied by Jairne Ros to was complete and
signatnre
on the
document
28
was not
his.
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Page 15 of 20
Admit
If
Deny _______
other
Admission you responded to Request for Admissions 48B with anything answer the following Interrogatory unqualified admission
than an
48B
State
every
fact you
rely
upon you
in
thi making this
response.
Identify
document
custodian
the
identify
of the
document by documents document describe
the
substance
of the
thi upon in making this denial and as to each such and date state the current or last known the subject matter addressed in the document and state information contained in the document relate thi as it relates to this response. every document
rely title author
witnes thi Identify every witness who can provide testimony in support of this response and witness busines addres addres give the witnesss personal address and telephone number business address and telphone witnes number subject matter on which the witness is expected to testify and substance of the The witnesses witnesse expected testimony. will be taken regarding this issue. thi
10 C. shall include the
two attorneys attorney
present
whose depositions deposition
Admit
stated
that
on October
that he
knew
11
documentation guarantee
27 2004 in response to he was required to provide in the form of personal financial
Abed question from the investigator and to submit personal guarantee
statement statements
to support his personal
to BCI.
12 If you responded to Request unqualified admission answer the for
Admission Admissions
48C with
13
following Interrogatory
48C
anything other
than an
14
State
every
fact
you
rely
upon you
in
thi making this
response. denial
15
Identify
every document
rely
upon
in
thi making this
and as to each
such
document
16
custodian
the
document by identify of the document describe documents
the
title author and date state the current or last the subject matter addressed in the document in the
known
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
17
18
19
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance ofthe The witnesses shall include the two attorneys present whose depositions witnesse testimony. expected attorney deposition
give the
will be taken
thi regarding this issue.
20
21
D.
Admit
stated
all
that
on October
27 2004
Jaime
that he designated
Ros Ross
in response
to
to provide
all
Abed question from the investigator of the information and complete
including
all
22
of the paper work for the purchase of the aircraft required by Bombardier Capital regarding his
If
information
condition.
Abed Abeds personal
48D
financial
23 for Admissions 48D with anything Admission you responded to Request the following Interrogatory unqualified admission answer other
than an
24 25 26
State
every
fact
thi you rely upon in making this response. thi you rely upon in making this denial and as to each title author and date state the current or last known
the subject in the
Identify
every document
such
document
27 28 custodian
the
identify
of the
document by documents document describe
the
matter addressed
in the
document
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
Case 2:04-cv-00363-JWS
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Page 16 of 20
witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
witnesses The witnesse shall include expected testimony. will be taken regarding this issue. thi
E. the
and
two attorneys attorney
present
whose depositions deposition
Admit
stated
that on October
27 2004
that despite
the
complete
financial
being aware he purchase of Defendant information or financial statement statements
that
in response to the financial
question from the investigator information was required to never provided
Abed
Abed
to either
Ros Ross
any personal
or
Bombardier Capital.
other
Admission you responded to Request for Admissions 48E with anything answer the following Interrogatory unqualified admission
If
than an
48E
State
every
fact
you
rely
upon you
in
thi making this
response.
Identify
every document
rely
upon
in
thi making this
denial
and as to each
such
document
10
custodian
the
identify the document by title author and date state the current or last the subject of the documents describe document matter addressed in the document
known
and state
substance
of the information contained
in the
document
as
it
relate relates to this response. thi and
11
12
give the
number
13
thi witnes every witness who can provide testimony in support of this response busines addres business address and telephone witnesss witness personal addres and telephone number address witness matter on which the witnes is expected to testify and substance of the subject
Identify present
The witnesse shall include the two attorneys witnesses expected testimony. attorney will be taken regarding this issue. thi
whose depositions deposition
14
15
F.
16
that on October 27 2004 in response to question from the investigator Abed that Franmil Holdings Holding was company which had been created by his family and which was used to conduct international financial transactions.
Admit
stated
17
If you responded to Request unqualified admission answer the
for
Admission Admissions
48F
with anything other than an
following Interrogatory
48F
18 State 19
every
fact
you
rely
upon
in
thi making this
response.
20
document
custodian
the
thi Identify every document you rely upon in making this denial and as to each the document identify by title author and date state the current or last known
such
of
the
document documents
describe
the
subject in the
matter addressed
in the
document
and
state
21
substance
of the information contained
document
as
it
relate relates to this response. thi
22
23
thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the The witnesses shall include the two attorneys present whose depositions witnesse testimony. expected attorney deposition give the
will be taken
24
thi regarding this issue.
25 26 27
REQUEST FOR ADMISSION NO. 49
claimant 380 claimants alleed that the POR is investigating the fraud Ros that Claimants Claimant by Ross and Inverlat employee employees but is no indication Casafin Ltd. Harslope Ltd and Mr Abed were involved. Though Uptongrove Ltd. is mentioned in the investigation no determination regarding its involvement had been made.
In the Answer committed on Inverlat
at
28
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Page 17 of 20
A.
Admit upon
that claimant understand claimants
the
investigation
in
Mexico
is
related
to the
fraud
Inverlat
Bank by Ros and Ross
his conspirators.
Admit
Deny _______
for
If you responded to Request unqualified admission answer the
Admission Admissions
49A
with anything other than an
following Interrogatory
in
49A
State
every
fact
you
rely
upon
you
thi making this
response. denial
Identify
every document
rely
upon
in
thi making this
and as to each
such
document
custodian
the
document by identify of the document describe documents
the
title author and date state the current or last the subject matter addressed in the document in the
known
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
10
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.
11
12
B.
Admit
United
Inverlat
that
claimant claimants understand
is
the
above
State States
related
to the
13
Bank by Ros and Ross
money
in the captioned civil forfeiture action laundering of the proceeds of the fraud upon proceed
his conspirators.
14
Admit
15 If
Deny _______
other
16
for Admissions 49B with anything Admission you responded to Request answer the following Interrogatory unqualified admission
than an
49B
17
State
every
fact
you
rely
upon
in
thi making this
response.
18
document
19
identify
thi Identify every document you rely upon in making this denial and as to each the document by title author and date state the current or last known
such
custodian
the
of the
document documents
describe
the
subject in the
matter addressed
in the
document
and state
substance
of the information contained
document
as
it
relate relates to this response. thi
20
21
witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telphone witnes number subject matter on which the witness is expected to testify and substance of the
expected
C. testimony.
22
23
Admit that claimants understand the above captioned civil forfeiture action alleges claimant allege that claimants received claimant the laundered proceeds of the fraud in Mexico which were proceed
applied to the purchase of the defendant
aircraft in the
24
United
States.
25
Admit
26
Deny _______
27
If you for Admissions Admission responded to Request unqualified admission answer the following Interrogatory
49C with
49C
anything other
than an
28
State
every
fact
you
rely
upon
in
thi making this
response.
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document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained relate thi in the document as it relates to this response.
Identify
every
document
the
witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected D.
testimony.
Admit
the
that in
claimant claimants can not
assert an ownership
claim to the laundered
these funds.
proceeds proceed
of
fraud
Mexico
because
claimant claimants do not own
Admit
Deny _______
If you for Admission Admissions responded to Request unqualified admission answer the following Interrogatory
49D
with
49D
anything other than an
10
State
every
fact
you
rely
upon
in
thi making this
response.
11
12
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every
document
identify
the
13
14
witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.
15
16
REQUEST FOR ADMISSION NO. 50
A.
17
18
Admit that but for defendant defendants and arrest in rem by the Admit
the
there
instituted in Mexico by claimant regarding claimants proceeding would be no opposition to the service of the warrants of warrant in Mexico.
PUR
19
Deny ______
20
21
If you responded for Admission Admissions to Request unqualified admission answer the following Interrogatory
SOA
with
50A
anything other than an
State
every
fact
you
rely
upon
in
thi making this
response.
22
23
24
25
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every
document
the
26 27
witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witness number subject matter on which the witnes is expected to testify and substance of the
expected
testimony.
28
Case 2:04-cv-00363-JWS
Document 132-10
65
Filed 11/11/2005
Page 19 of 20
B.
Admit that absent the intentional acts of claimants in Mexico the Mexican Amparo claimant act Court Courts would have never acted to review the process utilized by the POR to execute proces the U.S. warrants of arrest in rem. warrant
If you responded for Admission Admissions to Request unqualified admission answer the following Interrogatory
50B
with
50B
anything other than an
State
every
fact you
rely
upon
in
thi making this
response.
document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify
every
document
the
thi witnes Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the expected
10
testimony.
11
DATED
PAUL
K.
October
/9
2005
12
CHARLTON
Attorney
Unite State Unites States
15
Dinof
REID
C.
PIXLE
Assistant 16
U.S. Attorney
17
18
19
20
21
22
23
24
25
26 27
28
Case 2:04-cv-00363-JWS
Document 132-10
66
Filed 11/11/2005
Page 20 of 20