Case 1:08-cr-20612-PAS

Document 41

Entered on FLSD Docket 07/23/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-20612-CR-SEITZ

UNITED STATES OF AMERICA v. HASSAN SAIED KESHARI, TRAIAN BUJDUVEANU, KESH AIR INTERNATIONAL CORP., and ORION AVIATION CORP., Defendants. ______________________________ GOVERNMENTS RESPONSE TO THE STANDING DISCOVERY ORDER The United States hereby files this response to the Standing Discovery Order. This response also complies with Local Rule 88.10 and Federal Rule of Criminal Procedure 16, and is numbered to correspond with Local Rule 88.10. A. 1. Compact discs containing the contents of email communications by the defendants are enclosed as follows: 2 CDs containing copies of emails obtained from Google for the keshair@gmail.com email account used by Defendant Keshari and 1 CD containing copies of emails obtained from Microsoft Networks for the orionav@msn.com email account used by Defendant Bujduveanu. In addition, the Government has the following computer data images from computers seized from the defendants: Kesh Air Computers: EPIC PC (S/N 70020321116) 2 Images from 2 Hard Drives (total approx 20Gb); 160 Gb Image of My Book External USH Hard Drive (s/n WCANM8026861); 80 Gb Image of Dell (s/n C7VXR41); 250 GB Image of Gateway GT5436E (S/N XLG7311001239); 1GB Image of Toshiba HESP100DS Notebook (S/N EIO25881305) Keshari Laptop Computer: 1 Image 80GB Apple MacBook (S/N 4H706TNDWGL) Orion Aviation/Bujduveanu Computers:

Case 1:08-cr-20612-PAS

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2 Images 160Gb and 200GB from HP Pavilion (S/N MXK419085H); 2 Images 250GB each from HP Media Center (S/N CNX7030RYH); 1 Image 120GB from HP Pavilion TX1000 (CNF7103DF9) * 1 Image 120GB from HP Pavilion dv6000 (S/N CNF7012SQN) * 1 Image 250GB from HP PAvilion TX1000 (S/N CNF7516782) 1 Image 120GB from HP Pavilion dv2000 (S/N 2CE70809RJ) 1 Image 320GB from HP Media Center m7640n (S/N MXX6490NyN) 1 Image 160GB from HP Pavilion (S/N MXK41907MJ) 2 Images 160GB and 200GB from HP Pavilion (S/N MXK419085H) If you would like a copy of any or all of the above-listed images, please provide appropriate storage media to the undersigned Assistant United States Attorney. These storage media will be used for copying and then returned forthwith. Although the government is unaware of any other written statements made by the defendants, attached, you will find copies of any written consents and/or rights waivers by the defendants. 2. That portion of the written record containing the substance of any oral statements made by the defendants before or after arrest in response to interrogation by any person then known to the defendants to be a government agent is attached and includes one report of the post-arrest interview of Defendant Keshari and one report of the post-arrest interview of Defendant Bujduveanu. 3. 4. 5. No defendant testified before the Grand Jury. The NCIC records of the defendants are attached. Books, papers, documents, photographs, tangible objects, buildings or places which the government intends to use as evidence at trial to prove its case in chief, or were obtained or belonging to the defendants may be inspected at a mutually convenient time at the Office of the United States Attorney, 99 Northeast 4th Street, Miami, Florida. Please call AUSA Melissa Damian at (305) 961-9018 to set up a date and time that is convenient to both parties. In addition, approximately 9 boxes of documents were seized during the search of the business Kesh Air International, and approximately 7 boxes of documents were seized during the search of Orion Aviation. Copies of those documents can be obtained by ordering copies from Expedia Copy (954) 384-2112. (Please ask for Jackie.)

6.

There were no physical or mental examinations or scientific tests or experiments made in connection with this case. 2

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B.

DEMAND FOR RECIPROCAL DISCOVERY: The United States requests the disclosure and production of materials enumerated as items 1, 2 and 3 of Section B of the Standing Discovery Order. This request is also made pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure. The government will disclose any information or material which may be favorable on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97 (1976). The government will disclose any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective government witnesses, within the scope of Giglio v. United States, 405 U.S. 150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959). The government will disclose any prior convictions of any alleged co-conspirator, accomplice or informant who will testify for the government at trial. Defendants were not identified in a lineup, show up, photo spread or similar identification proceedings. The government has advised its agents and officers involved in this case to preserve all rough notes. The government will timely advise the defendants of its intent, if any, to introduce during its case in chief proof of evidence pursuant to F.R.E. 404(b). You are hereby on notice that all evidence made available to you for inspection, as well as all statements disclosed herein or in any future discovery letter, may be offered in the trial of this cause, under F.R.E. 404(b) or otherwise (including the inextricablyintertwined doctrine). The defendant is not an aggrieved person, as defined in Title 18, United States Code, Section 2510(11), of any electronic surveillance. The government has ordered transcribed the Grand Jury testimony of all witnesses who will testify for the government at the trial of this cause. No contraband is involved in this indictment. The government does not know of any automobile, vessel, or aircraft allegedly used in the commission of this offense that is in the government's possession. The government is not aware of any latent fingerprints or palm prints which have been identified by a government expert as those of the defendants. 3

C.

D.

E.

F.

G.

H.

I.

J.

K. L.

M.

Case 1:08-cr-20612-PAS

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N.

To date, the government has not received a request for disclosure of the subjectmatter of expert testimony that the government reasonably expects to offer at trial. However, at this time, the government reasonably expects to offer, at trial, among others, the expert testimony of experts in the fields of aircraft parts, including expertise regarding the types of aircraft parts at issue in this case, as well as an expert in the field of the United States Munitions list and the qualification of the items at issue in this case for coverage under the list, and an expert regarding the Office of Foreign Assets Controls Embargo of the Republic of Iran and regarding the Iranian military and its use of the aircraft parts at issue in this case. The government will make every possible effort in good faith to stipulate to all facts or points of law the truth and existence of which is not contested and the early resolution of which will expedite trial. These stipulations will be discussed at the discovery conference. At the discovery conference scheduled in Section A.5, above, the government will seek written stipulations to agreed facts in this case, to be signed by the defendant and defense counsel.

O.

P.

The government is aware of its continuing duty to disclose such newly discovered additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial. The attachments to this response number D0001-D0017. Please contact the undersigned Assistant United States Attorney if any pages are missing. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY

By:

S/ Melissa Damian Melissa Damian Assistant United States Attorney Florida Bar No. 0068063 99 Northeast 4th Street Miami, Florida 33132-2111 Tel: (305) 961-9018 Fax: (305) 536-4675

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CERTIFICATE OF SERVICE I hereby certify that on July 23, 2008, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to David O. Markus, counsel for Defendant Hassan Saied Keshari, and to Mark Eiglarsh, counsel for Defendant Bujduveanu. I hereby further certify that on July 23, 2008, physical copies of the foregoing, including additional attachments and enclosures, were delivered to David O. Markus via Federal Express and to Mark Eiglarsh via hand-delivery.

S/ Melissa Damian Melissa Damian Assistant United States Attorney

Case 1:08-cr-20612-PAS

Document 41

Entered on FLSD Docket 07/23/2008

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