Free Other Notice - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona MICHELLE HAMILTON-BURNS PAUL V. ROOD Assistant U.S. Attorneys Arizona State Bar No. 010269 Arizona State Bar No. 004494 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 [email protected] [email protected] Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-03-1269-PHX-NVW Plaintiff, v. Sharen Stewart, a.k.a. Sherry Stewart, d.b.a. Prime Resources Consulting, LLC, a.k.a. PRC, Paul K. Bryan, a.k.a. Lyle Edward Goeringer, d.b.a. Bryan Group International, Defendants. NOTICE OF INTENT TO INTRODUCE PRIOR STATEMENTS OF DEFENDANTS AT TRIAL

The United States Government, by and through its attorney, the United States Attorney

21 for the District of Arizona, herein gives notice of its intent to introduce prior statements of the 22 defendants, made during the course of civil depositions, during the government's case-in-chief 23 at trial. This notice is filed pursuant to this Court's Order, made in open court on August 3, 24 2005. 25 It is expected that excludable delay pursuant to 18 U.S.C. 3161(h)(1)(F) will occur as a 26 result of this motion or an order based thereon. 27 28

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1 2 3 4 1) 5 p. 58. 6 2) "I have an individual who was - - acted as a personal agent at times which you know also,
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DEPOSITION OF PAUL K. BRYAN CIVIL ACTION 00-71800 September 7, 2001

"I received on behalf of David Christianson approximately but not exactly $300,000.00."

7 you've got him listed for deposition, T.J. Miller......I can't remember what group he actually 8 worked for. He probably worked for me basically....I've paid him a little bit here and there to 9 help him out for his services, yes." p. 65. 10 3) (You set up another company, Bryan Group International - - in 1998, right?) 2/ "Okay.

11 If you say so. I don't know when Bryan Group International began, I don't know." (Well, that's 12 your company, right, or firm?) "It's a d/b/a." (Meaning it's not a corporation?) "It's not a 13 corporation." (It's a Texas entity, right?) "A Texas entity, that's correct." (So for all practical 14 purposes you own Bryan Group International?) "But d/b/a means that you do business as, so you 15 are the entity, you just have a fictitious name which you use as a business name." pgs. 67-68. 16 4) (You never used the term commitment holder before?) "Oh, I've used commitment

17 holder, but in specific areas." (What's your definition of commitment holder?) "Well, an 18 example if I have a contract with you, then I'm a commitment holder for that specific transaction. 19 I don't have any contracts with any governments, so why would I be a commitment holder for 20 the government." p. 70 21 5) (With respect to that relationship between you and Christenson, why did he pay you ­

22 why did you pay him you said $100,000 and you retain $200,000?) "I don't understand your 23 question." (You said at some point in time that you received $300,000 in your bank account?) 24 25 The government reserves the right to introduce any prior statement made by defendant Stewart or Brian for purpose of impeachment on cross-examination should Bryan or Stewart 26 testify at trial. 27 28
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Statements in parenthesis are the questions posed to the deponent, Bryan.
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1 "Roughly, approximately." (And out of $300,000 you said that approximately $100,000 was 2 paid to Christenson?) "Exactly, according to his instructions." (And approximately $200,000 3 you kept?) "That was my agreement with him, that's correct." (What was the agreement with 4 respect to what?) "That I would be his banker, that I would receive ­ that he for his clients was 5 going to do whatever he does. He would have funds moved in to that account for further 6 disbursement and I would disburse them according to his instructions." p. 100 7 6) (He paid you $200,000 for what?) "According to him that $300,000 that was received

8 on his behalf was supposed to be the first of about a billion dollars according to him that he was 9 going to run through the account and so therefore he was going to be paying me reasonably for 10 my services." p. 101 11 12 13 7) DEPOSITION OF SHAREN LEE STEWART CIVIL ACTION 00-71800 January 14, 2002 "Ed and I ­ my husband and I flew into Dallas at the end of March of 2000. And we were

14 met at the gate ­ let's see we were on America ­ America West, I guess. I don't know. We were 15 met at the gate by T.J. Miller and two very large men, neither one had I known." p. 40. 16 8) (Did ­ who paid for your trip?) "It was all cash. In fact, T.J. ­ well, actually, T.J. paid

17 ­ physically paid for everything." p. 43. 18 9) 19 71-86. 20 10) 21 p. 87. 22 23 24 25 26 27 28
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Stewart's recognition of Deposition Exhibits 4-14, as e-mails she received and read. pgs.

(Please identify Exhibit Number 15.) "It's the trade agreement that I signed in Dallas."

Respectfully submitted this 29th day of August, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/Michelle Hamilton-Burns MICHELLE HAMILTON-BURNS PAUL V. ROOD Assistant U.S. Attorneys

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CERTIFICATE OF SERVICE I hereby certify that on this 29th day of August, 2005, I electronically transmitted the

3 attached document to the Clerk's Office using the CM/ECF System for filing and transmittal 4 of a Notice of Electronic Filing to the following CM / ECF registrants: 5 [email protected] 6 Patricia Gitre Counsel for Defendant Stewart 7 8 Tonya J. McMath [email protected] Counsel for Defendant Bryan 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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