Free Response in Opposition to Motion - District Court of Arizona - Arizona

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I, Jere Thomas Miles, am currently a Representative with US immigration and
Customs Enforcement in Mexico City, Mexico and my current duties include
working as a liaison between US domestic Immigration and Customs
Enforcement offices and the government of Mexico in all issues as they pertain to
Immigration and Customs Enforcement investigations that have a nexus to
Mexico as well as those investigations initiated by the Government of Mexico that
concern investigative areas of US Immigrations and Customs Enforcement that
contain a nexus to the United States.
I have served in this capacity since October 2003 and before being assigned to
my current posting was assigned to the former US Customs special Agent in
Charge Office in Miami, FL where I conducted money-laundering investigations.
As part of my liaison duties I was assigned the investigation of Jaime ROSS
CASTILLO, an individual currently in jail in Mexico awaiting sentencing for Bank
Fraud and/or Money Laundering.
In the preceding three months I have had numerous meetings with my
counterparts in the Mexican Federal Prosecutors Office to discuss this
investigation and it’s current status, most particularly the status of the two
aircraft, one (1) Augusta A109E Helicopter serial number 1 1 116, Republic of
Mexico tail number XA-TSR and one (1) Cessna 208B airplane serial number
20830941, Republic of Mexico Tail number XA—TUF, both of which are currently
under seizure and in the custody ofthe Mexican Federal Government.
These most recent meetings were precipitated by inquiries made both by the
United States Attomey’s Office Phoenix, AZ as well as the Mexican Federal
Prosecutors Office.
The first of these inquiries was made by the Assistant United States Attorney
Reid Pixler with an email request dated August 5, 2005 to myself and Assistant
ICE Attache Gabriel Gonzalez requesting that we check on the status of the
above two aircraft.
On August 8, 2005 I spoke with Licenciado Jose Luis Marmalejo-Garcia, and he
explained that originally these aircraft were seized in February 2004 pursuant to
an Acuerdo de Aseguramientc (Seizure Agreement). The interested parties filled
a motion and the judge overturned the seizure thus releasing the aircraft. This
seizure was executed based upon the evidence that the Government of Mexico
possessed in their case in chief and only this evidence.
During February 2005 the Mexican Government seized the aircraft again, this
time using the infomation that they had in their case in chief and pursuant to a
Mutual Legal Assistance Agreement request from the Government of the United
States. Subsequent to this seizure the Federal Prcsecutor’s Ofhce for the
Government of Mexico filled the paperwork or motions required under law to
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transfer custody of these aircraft to the "Senricio de Administracion y
Enajenacion de Bienes” (SAE)(a section of the Mexican Treasury that is
responsible for seized real property, it‘s maintenance and disposal pursuant to
Mexican law.
Lic. Maramalejo further stated that the aircraft were currently being appraised to
determine their value and cost of upkeep, in order to determine if it would be
more cost effective to dispose of the aircraft now as opposed to pay for upkeep
and have the aircraft lose too much value through depreciation.
This information was forwarded to Assistant United States Attorney in a signed
letter via facsimile or email.
On or about September 17, 2005 I spoke with Licenciado Marmalejo again at the
request of Assistant United States Attorney Reid Pixler. ln this conversation we
discussed the alleged “Amparo” (action similar to an injunction or a freeze order)
that was in effect stopping the transfer of the aircraft. In this conversation
Licenciado Mamtalejo explained that the “Amparo" had been executed in good
faith by a judge in Mexico but was done with erroneous information and for this
fact the judge lifted it. Licenciado Marmatejo further stated that the aircraft
remained in the custody of the “Senricio de Administracion y Enajenacion de
Bienes" and that they had every intention of trying to dispose of the aircraft as
soon as they could secure the permission of United States Govemment.
Licenciado Marmalejo also stated that this "Amparo" did not affect the seizure of
the aircraft only the physical custody, in that it was an attempt to stop the transfer
of the aircraft to the United States or to the "Senricio de Administracion y
Enajenacion de Bienes".
On October 4, 2005 I spoke with Licenciado Mannalejo and explained that we
still did not have the permission of the United States Government to reiease the
aircraft for sale in Mexico. To this he responded that I should not worry that they
still had the aircraft and were going to continue fonivard with their pians.
Th `nformation contained in the aftidavit is true under the penalty of perjury of
th ws of tF United States of America, executed this 5th day of October 2005,
;i¤¤ W Els., Mxice.
es
I E Representative
Mexico City, MX
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Case 2:04-cv-00363-JWS

Document 117-2

Filed 10/06/2005

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Case 2:04-cv-00363-JWS

Document 117-2

Filed 10/06/2005

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