Free Memorandum - District Court of Arizona - Arizona

1 Philip A. Seplow, Esq.
Attorney #004859

2 2000 North 7th Street
Phoenix, AZ 85006

3 (602) 254-8817 4 5 Attorney for 6 7

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Andrew Taylor, ) ) Defendant. ) __________________________ ) Case No. CR 04-809-PHX-NVW

8 United States of America 9 10 11 12 13 14

MEMORANDUM IN SUPPORT OF ALLOWING ANDREW TAYLOR TO CONTINUE HIS SOLE PROPRIETORSHIP

COMES NOW the Defendant, Andrew Taylor, by and through

15 undersigned counsel, and responds to the Memorandum authored by 16 Darrin Harris, United States Probation Officer, on or about the 17 23rd day of June, 2008, where this Court was asked to conduct a 18 hearing to decide whether Mr. Taylor would be allowed to continue 19 in his business of selling aircraft parts. 20

On or about the 13th day of May, 2005, Mr. Taylor was

21 found guilty of multiple counts in the United States District 22 Court and was sentenced to 30 months in prison by the Honorable 23 Neil V. Wake, United States District Judge for the District of 24 Arizona.

While in the Bureau of Prisons, Mr. Taylor conducted

25 himself in an exemplary manner (see Reporter's Transcript of 26 September 19, 2007, p. 33, ll. 22-24).

Mr. Taylor was placed on

27 supervised release for three years and ordered to comply with 28 standard conditions of supervision adopted by the United States

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1 District Court in General Order 05-36. 2

On the 19th day of February, 2008, the Defendant was

3 released from the Bureau of Prisons and began his residence at 4 Behavioral Systems Southwest.

He stayed there until April 23, He was released

5 2008, when he was placed on home confinement. 6 from home confinement on May 9, 2008. 7

The Memorandum drafted by USPO Harris states that the

8 probation officer has questions concerning "third party 9 liability."

The inference is that Mr. Taylor will either sell a

10 part to a third party, receive payment and not actually deliver 11 the part or that if Mr. Taylor buys a part from somebody else, 12 will not pay for said part after receiving same. 13

Mr. Taylor maintains that through his entire career

14 concerning the sale, purchase, re-sale and re-purchase of aircraft 15 parts, that above scenario has never taken place. 16

Selling, restoring, replacing and purchasing and selling

17 aircraft parts is what Mr. Taylor knows best and he is desperately 18 afraid if he has to seek other employment, it will be nearly 19 impossible due to the fact that he is a convicted felon, and due 20 to the fact that the economy is performing so poorly at this time. 21

Since Andrew Taylor has been in the halfway house, he

22 has made several sales, not monumental, to people and corporations 23 both in the United States and around the world. 24

Mr. Taylor lists his parts for sale with Parts,

25 Logistics, ILS, and Parts Base. 26

With those particular enterprises, a buyer enters a part

27 number and that person is provided with a list of sellers that 28 have that part for sale.

If Mr. Taylor has the part for sale, the 2

Case 2:04-cr-00809-NVW

Document 194

Filed 08/26/2008

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1 buyer will send Mr. Taylor a request for a quote (RFQ).

When Mr.

2 Taylor receives an RFQ, he will then send a quote to the inquiring 3 entity or person, which would include the condition of the part. 4

Conditions are listed as follows: N = New; U = Used; A/R

5 = As Removed; SVC = Serviceable; OH = Overhauled and a 6 certification (paperwork and trace date) accompanies the OH; and 7 RP = repairable. 8

Items that are purchased for experimental aircraft or If a part is

9 static displays (such as in a museum) are sold A/R.

10 sold for a certified aircraft it is sold as RP and it is the 11 responsibility of the MRO (maintenance repair organization) to 12 overhaul and certify the part. 13

Mr. Taylor obtains his inventory from governmental

14 auctions such a governmental liquidators, GSA, or private purchase 15 or trade.

An example of a governmental liquidation auction sheet

16 is attached hereto. 17 18 Plane.

Mr. Taylor advertises on Barnstormers.com and Trade A He has also sold parts on E-Bay. During the time he was

19 in custody, his wife kept the business going by selling parts from 20 his inventory. 21

Under information and belief, the probation officer went

22 on E-Bay and witnessed the rating that Mr. Taylor has earned, to 23 wit: "Excellent." 24

His inventory is stored in a facility in Tempe and in

25 Buckeye, Arizona, at a friend's farm. 26

Payment is received from some customers through PayPal

27 (a part of E-Bay) and payment from MRO's is received about two to 28 three weeks after Mr. Taylor ships the part.

In other words,

3 Case 2:04-cr-00809-NVW Document 194 Filed 08/26/2008 Page 3 of 5

1 payment is due upon receipt of the shipment by the customer.

To

2 reduce the risk of Mr. Taylor not getting paid, he sells that way 3 to reputable companies. 4

All others pay COD.

As an example of the type of self-employment in which

5 Mr. Taylor engages, the Court will note as an exhibit e-mails 6 going back and forth from Snorre Hagen whereby Mr. Taylor sold Mr. 7 Hagen a parachute.

Mr. Hagen is from Norway.

Mr. Taylor sent the

8 parachute via Fed Ex and sent Mr. Hagen a tracking number and Mr. 9 Hagen paid Mr. Taylor through PayPal.

See Exhibit "1" ­ e-mails,

10 payment information and shipping information. 11

Another example of the type of honest salesmanship in

12 which Mr. Taylor engages is documented by the e-mails going back 13 and forth with Mr. Ted Kouphois where Mr. Taylor sent aircraft 14 parts to Mr. Kouphois and Mr. Kouphois paid for same during the 15 months of July and August.

Mr. Taylor sent Mr. Kouphois

16 approximately five or six shipments and Mr. Kouphois received all 17 items ordered for which Mr. Taylor has been paid. 18 "2". 19

See, Exhibit

Mr. Taylor has been doing business with Southeast Attached is a copy of a purchase order in the

20 Aerospace, Inc.

21 amount of $2,650 (number 65860) for which Southeast Aerospace, 22 Inc. received their parts and Mr. Taylor received his money via a 23 wire transfer.

Southeast Aerospace, Inc. thereafter asked for

24 more parts and a new transaction was created between Southeast 25 Aerospace, Inc. and Mr. Taylor in August of 2008. 26 "3". 27

See Exhibit

Attached hereto is an Avionics Inventory For Sale List

28 that was listed with Barnstormers as an advertisement on behalf of

4 Case 2:04-cr-00809-NVW Document 194 Filed 08/26/2008 Page 4 of 5

1 Andrew Taylor.

Southeast Aerospace saw this list and that is how See Exhibit "4".

2 they contacted him. 3

The above-mentioned clients are and have been satisfied

4 and continue to consider Mr. Taylor as an honest parts source. 5

In conclusion, it is requested that this Honorable Court

6 allow Andrew Taylor to continue in his endeavor to eary a living 7 for his family. 8

RESPECTFULLY SUBMITTED this 26th day of August, 2008.
9

PHILIP A. SEPLOW, ESQ.
10 11 12 13 14 15 16

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Defendant

CERTIFICATE OF SERVICE

X I hereby certify that on August 26, 2008, I electronically transmitted the attached document to the Clerk's Office using the 17 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 18 John R. Lopez, Esq. 19 Assistant United States Attorney
20 21 22

John J. Tuchi, Esq. Assistant United States Attorney

X I hereby certify that on August 26, 2008, I served the attached document by First Class Mail on the following, who are not registered 23 participants of the CM/ECF System:
24 25 26 27 28

Darrin Harris UNITED STATES PROBATION OFFICER 230 North 1st Avenue - Suite 406 Phoenix, AZ 85003-1725 S/ Philip A. Seplow

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