UNITED STATES OF AMERICA :
:
Petitioner, :
:
v. :                                                                                                                                 CA #: 94-2812 GBRO
:
MONETARY INSTRUMENTS IN THE :
AMOUNT OF $502,911.28, :
AND THE PROCEEDS THEREOF, :
:
Defendant. :
 

JOHN Doe :
:
Claimant. :
 
 

TO: The United States of America, Plaintiff
c/o AUSA Bill Siler
1026 Federal Office Building
167 N. Main Street
Memphis, TN 38103
 

These interrogatories are directed to you pursuant to F.R.Civ.P. Rule 33. You are directed to answer each of the interrogatories separately, and under oath, and serve a copy of your answers thereto on Brenda Grantland, Esq., attorney for respondent, within thirty days after service.

a. These interrogatories are continuing in character, so as to require the filing of supplemental answers if further or different information or documents are obtained prior to trial.

b. Where the name or identity of persons is requested please state his or her full name, home address, business address and telephone number, employer and job title. Where the interrogatories request the identification of documents, please identify the document by maker, date and brief description.

c. Unless otherwise indicated, these interrogatories refer to the time, place and circumstances of the occurrence mentioned in the pleadings. The term "occurrence" refers to the circumstances surrounding the seizure of monies and property referred to in the libel of information.

d. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives and, unless privileged, his attorneys. Where answer is made by a corporation or other legal entity, state the name, address and title of the person supplying the information and making the affidavit. You should also state the source of that person's information.

e. The pronoun "you" refers to each party to whom these interrogatories and requests are directed and the persons mentioned in clause (d).

1. If you contend that any portion of the seized money is anything other than the legitimate income and/or savings of John Doe, state with particularity each item of evidence upon which you intend to rely to support that contention.

2. For each item you list in response to interrogatory number 1, identify the documents and witnesses through which you intend to establish that fact.

3. State the names, work and home addresses and phone numbers of all persons whom you intend to call as witnesses in this action. As to each, specify the substance of the matters to which he will testify and the basis for such witness's testimony.

4. Identify each document in the government's possession, other than the documents produced by John Doe, which contains any information or which pertains in any way to the occurrence. The term "document" refers to any writing, drawing, graph, chart, photograph, tape recordings, transcripts, and other data compilations from which information can be obtained and translated, if necessary, into reasonably usable form. Each "document" should be identified by a brief description, author or maker, date and subject matter.

5. Identify any physical evidence which you intend to use in the trial of this case. As to each, state the date on which it was recovered, the person and exact location from which it was recovered, and the circumstances of the seizure.

6. State the circumstances under which the Federal Express package containing the seized checks was opened, identifying each person who opened and/or inspected the contents, and stating the time and location of each inspection.

7. State the legal justification for opening the package, including any facts upon which Federal Express or government agents relied in justifying probable cause to open and inspect.

8. Identify any documents in the government's control pertaining to the seizure and inspection of the Federal Express Package.

9. Identify any documents in the government's control containing the policies and procedures of Federal Express in regards to the opening and inspection of packages bound for international destinations, including, but not limited to any agreements between Federal Express and any agency of the federal government regarding opening of such packages.

10. Identify any documents containing the policies and procedures of the Customs Service with regards to the opening and inspection of packages bound for international destinations by private carrier.

11. If you contend that John Doe sent the Federal Express package containing the checks, with knowledge of the applicability of the currency transaction reporting requirement of

31 U.S.C. Sec. 5316, state with particularity the evidence upon which you intend to rely to prove that contention, and identify any documents you intend to use.

Dated:
 
 

I hereby certify that a copy of the foregoing was served, by fax and by first class mail upon Assistant United States Attorney Bill Siler, 1026 Federal Office Building, 167 N. Main Street, Memphis, TN 38103, this _______ day of ________, 1995.