Free Response to Motion - District Court of Arizona - Arizona

i i g · RECEIVED APR Z 1 2005
1 PAUL K. CHARLTON I
United States_Attomey
2 District of Arizona
y 3 §§§?.Si?0?§Txmmey
Arizona State Bar No. 12850 _ °
4 I5v§£$£i%i?§§f E3§iZ'i2tn
Phoenix, Arizona 85004-4408
5 Telephone: (602)514-7500
6 . UNITED STATES DISTRICT COURT ?
7 DISTRICT OF ARIZONA I
8 UNITED STATES OF AMERICA, .
9 Piaimirr,
10 V` .
·. 1. Lear Jet, Model 31A, Serial Number CIV—O4-363-PHX-JW S
II 31A—224, U.S. Registration # N224LJ; `
NOTICE OF FILING
I2 2. Agusta Helicopter, Model Al09E, Serial
Num er 11116, Mexican Registration # EVIDENCE OF SERVICE OF IN REM
I3 XA-TSR; PROCESS IN MEXICO
14 3. Cessna Caravan, Model 208B, Serial
_ · Number 208B-0941. Mexican Registration
1> l i; xA-ter.
16 . ' Defendants.
. 17
18 The plaintiff, United States of America, by and through its attorney, Reid C. Pixler,
19 Assistant United States Attorney, respectfully states as follows: _
20 1. Pursuant to page 12 of the Order of this Court, entered on February 8, 2005, the
2] government tiles Exhibit C, consisting of approximately 70 pages of a detailed report of activity,
22 pursuant to the request to serve the in rem process in Mexico. The original of this exhibit is in
23 Spanish and has been translated into English. This correspondence details the efforts taken by I
24 Mexico regarding this joint intemational investigation regarding the theft of funds from the
25 Mexican bank and the money laundering activity which lead to this investigation in the United
26 States. Also included are relevant portions of statements made in connection with the joint
.,7 investigation conducted by the various countries and includes passages from a statement given
28 by Jaime Ross to a Swiss Magistrate. p
ase 2:04-cv-00363-JWS Document 11% Filed O9/16/2005 Page 1 of 3



_ L et NOTIFICATION
OFFICE OF ASSISTANT ATTORNEY
GENERAL INVESTIGATING
. ' ORGANIZED CRIME.
SPECIAL UNIT INVESTIGATING
OPERATIONS USING ILLEGAL
SOURCES OF FUNDING AND MONEY
LAUNDERING.
A.P.: PGR/SIEDO/UEIOFM/015/2004
` I Official Letter: CGIS/1797/2005-NN
I SUBJECT: Notification of Provisional ‘
Remedy of Securing.
Mexico City, Mexico, March 4, 2005.
Mr. LUIS MANUEL ARRUTI PEREZ MICHAUD
LEGAL REPRESENTATIVE OF CASAFIN LTD.
Montes Pelvoux number 130. Third Floor. Colonia Lomas Virreyes
Delegacion Miguel Hidalgo, Mexico City
Hand Delivered V _
By means ofthis document and based on the provisions of articles 21 and 102 Section "A’ ofthe
Political Constitution of the United States of Mexico; 50 sub-section 1 sub-sub-section h) of the
Organic Law of the Federal Judicial System; 40 and 41 ofthe Federal Penal Code; 2, 15, 16, 26,
109, 180, 181, 182-A, 182-B, sub-section I ofthe Federal Code for Criminal Procedures; lst and
4th sub-sections I, sub·sub-sections A) and b), V of the Organic Law of the Office of the
Attomey General of the Republic; ls', 2"°, 15 and 28 sub-section III of its Rules and Regulations,
this Government Entity of the Federation notifies you that on February 7, 2005 an agreement was
issued ordering that the airship registration XA—TSR, MAKE AND MODEL: AUGUSTA
A109E, SERIAL NUMBER: 11116 be secured provisionally as per records of the proceedings
conducted in the criminal investigation number PGR/SIEDO/UEIOFM/015/2005, relevant part
of which reads as follows: "... IT IS RESOLVED -
"...SECOND. - The Attomey General of the Federation orders the following airship be
provisionally secured: RE GIS T RA TION NUMBER: XA-T SR, MAKE AND MODEL:
AUGUSTA AI09E, SERIAL NUMBER: 11116, POSSESSOR: SERVICIOS INTEGRALES
DE AVIACION, S.A.DE C.V. (SIASA) ...” —- —-~---—-- —---------·-—-—-—-·—--—-——-—·-
"...EIGHTH. - Send notification of agreement to provisionally secure the airship
registration: XA-TSR, MAKE AND MODEL: AUGUSTA Al09E, SERIAL NUMBER: 1116
to the legal representative of SERVICIOS INTEGRALES DE AVIACION S.A.DE C.V. in his
IHBTEBY CERTIFY THB TO BE A TRUE
mu CORRECT TRANSLAUON OF
TTACHED •.¤. UMENUS).
LLQ ·_§ I I ‘Q E
sm mn Q tamu . ·· 53
Case 2:04-cv—OO363-JWS Document i t-•;6 s »2·i· Page 2 of 3-

A_ ;, capacity as possessor, as well as to the legal representative of CASAFIN LTD., owner of said
airship
You have been so notified so that you may take those measures deemed appropriate to
the issue at hand. We also wish to notify you that as per provisions in article 182-A of the
Federal Code of Criminal Procedures, this prosecuting authority advises the notified party that
if no legal arguments are presented within 90 ninety calendar days following this notification,
abandonment of the airship will occur and title thereto will pass to the Federal Govemment; and
he is further advised to refrain from any action against this act of securing.
CORDIALLY YOURS
DEPUTY ATTORNEY GENERAL OF THE FEDERATION g
SIGNED .
IVANN VILLAVERDE GARCiA, ESQ. L
SE4L:OFF|CE or rm; Arronwev ceseiur
or rm; mawnuc, omci: or Assisnsr Arronxm
cement. rrwrzsricnmc oncimzeu came,
svecur wir riwssricsrmc opmmoxs usnwc i
iu.i;cAL souncras or ruivnmc Asn Mossy i
LAUNDERING 1
l
PERSON NOTIFIED:
Luis E. Hernandez Acevedo
DATE. AND TIME: _
March 4. 2005
l
IDENTIFIED BY;
Voter L D. Number 355050-193130 0n a e 11752220]
i
· NAME AND SIGNATURE:
‘ Luis E. Hernandez A ceveda
Signed _
I hereby promise t0 deliver to Mr. Luis Manuel Arruti Michaud the Ojicial N0ty‘icati0n that 1
now receive.
to as A tnua
l AND coctggggl tTt%§NsLATt0N OF
TTACHED ie . MENHS).
t n
¤ ,4¢·..4»|·• ,§_
1 um U ·
~ 54
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