Free Response to Motion - District Court of Arizona - Arizona

§ 1 I
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___ FILED LODGED _
i : . QC>F`r'
’ l :PAUL K. CHARLTON "_" RECTNED ""'
United States Attomey 5
. 2 District of Arizona MAR 2 8 2 A
3 Reid C. Pixler CLERK
AssistantU.S. Attomey D1$IH*C' O" ’“"“·"·fQ`;f,_ _,. , 1
Arizona State Bar No. -12850 BY ‘— =\ 2
4 Two Renaissance Square . """"' """` ‘‘`‘ ‘”‘
40 North Central, Suite 1200 ‘
.5 Phoenix, Arizona 85004-4408
Telephone: (602) 514-7500
6 UNITED STATES DISTRICT COURT .
7 DISTRICT OF ARIZONA
8 .
UNITED STATES OF AMERICA,
9
Plaintiff, ‘
1 O v.
11 1. Lear Jet, Model 3 1A,_ Serial Number CIV—04-0363-PHX-JW S Q
31A-224, U.S. Registration # N224LJ;
12 _ SECOND AMENDED COMPLAINT
‘ 2. Agusta Helicopter, Model Al 09E, Serial FOR F ORFEITURE
A · _ 13 Num er .1.1 1 16, Mexican Registration # _ ,_ O IN REM . €
XA-TSR; .
14 . 3
3. Cessna Caravan, Model 208B, Serial
15 Number 208B-0941, Mexican Registration
# XA-TUF. _ ·
16 I
_ 17 Defendants. I
18 The plaintiff, United States of America, by and through its attorney, Reid C. Pixler, I
19 Assistant United States Attorney, respectfully states as follows:
20
21 STATUTORY BASIS
22 l. This is an in rem action, brought to enforce the provisions of Title 18, United
23 States Code, Section 981 (a)(1)(A). The funds used to acquire the defendant aircraft are the
24 laundered proceeds of specified unlawful activity. The property which is the subject of this
25 complaint is property "involved in" a transaction or attempted transaction in violation of Title
26 18, United States Code, Section 1956(a)(1)(B)(i); l956(a)(2)(B)(i); and/or l956(h), the money
_ = 27 laundering statutes, or is proper1y "traceable" to such property, and therefore is forfeitable to the
28 United States Government under Title 18, United States Code, Section 981 (a)(l)(A).
I ase 2:04-cv-00363-JWS Document 104-4 Filed O9/12/2005 Page 1 of 2

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i:y*iV; 1 inthe District of Arizona giving rise to this forfeiture action. This Court has jurisdiction over
igré 2 this matter by virtue of 28 U.S.C. §§ 1345 and 1355.
A 3 16. Defendant number one (hereinafter #1) is a Lear Jet, Model 3 lA, Serial Number
4 31A-224, U.S. Registration # N224LJ, and all related logbooks and other documentation. The
5 defendant was seized in Florida pursuant to a Federal seizure warrant issued on September 13,
6 2002, in Phoenix, Arizona. A
7 17. Defendant number two (hereinafter #2) is an Agusta Helicopter, Model A109E,
8 Serial Number 11116, Mexican Registration # XA-TSR, and all related logbooks and other {
9 documentation. This helicopter has not been seized by the United States. Plaintiff obtained an
10 arrest warrant in rem based upon the allegations contained in this complaint, which has now been
11 served by the Republic of Mexico.
12 18. Defendant number three (hereinafter #3) is a Cessna Caravan, Model 208B, Serial
13 Number 208B—0941, Mexican. Registration #..XA—TUF, and all related. logbooks and other
14 documentation. This aircraft has not been seized by the United States. Plaintiff obtained
15 arrest warrant fn rem based upon the allegations contained in this complaint, which has now been I
16 served by the Republic of Mexico. ~
17 IDENTIFICATION OF RECORD OWNERS
18 19. _ According to the FAA records, the registered owner of defendant #1 , the Learj et, i
19 on the date of seizure, 9/13/02, was Wilmington Trust Company, as Owner Trustee, in
20 Wilmington, Delaware. However, Jaime Ross-Castillo and Alberto Abed-Schekaiban were the J
21 purchasers ofthe aircraft and they created the relationship described herein between Bombardier
22 Capital Inc. (BCI), Wilmington Trust Company (WTC), Uptongrove Ltd., CASAFIN,
23 CALEZAR, LTD, VUELABUS, S.A. de C.V. and other Mexican Companies to conceal the
24 source of the funds used to acquire the aircraft and to conceal the ownership interest of Jaime
25 Ross-Castillo and Alberto Abed—Schekaiban. `
26 20. The owner of the defendant Agusta, according to the sales files at Agusta
27 Aerospace Corporation, is Casafin Ltd., an Irish company. The Agusta is not in the custody of
28 the United States and is being operated in Mexico, with Mexican registration number XA-TSR,
ase 2:04-cv-00363-JWS Document 104-4 5 Filed O9/12/2005 Page 2 of 2

Case 2:04-cv-00363-JWS

Document 104-4

Filed 09/12/2005

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Case 2:04-cv-00363-JWS

Document 104-4

Filed 09/12/2005

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