United States of America v. Maricopa, County of et al

Filing 19

STATEMENT of Undisputed Facts re 18 MOTION for Summary Judgment by Plaintiff United States of America. (Attachments: # 1 Affidavit Declaration of Peter S. Gray, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 60, # 62 Exhibit 61, # 63 Exhibit 62, # 64 Exhibit 63, # 65 Exhibit 64, # 66 Exhibit 65, # 67 Exhibit 66, # 68 Exhibit 67, # 69 Exhibit 68)(Aminfar, Amin)

United States of America v. Maricopa, County of et al

Doc. 19 Att. 11

Exhibit 10

Dockets.Justia.com

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America,
Plaintiff,
v.

No.2:lO-cv-01878-LOA

Maricopa County, Arizona; Maricopa
County Sheriffs Offce; and Josepli M.

Araio, in his offcial capacity as Sheriff
of

Maricopa County, Arizona,

Defendants.

DECLARATION OF ALICE WALLER DERY
Pursuant to 28 U.S.C. § 1746, I, Alice Waller Dery, declare and state as follows:
1. I am Acting Deputy Chief and Special Counsel in the United States

Department of Justice, Criminal Division, Asset Forfeiture and Money Laundering

Section (AFMLS). I have held this position since August 2008. I have been employed by
AFMLS since 1990, and am competent to testify to the matters herein.

2. My responsibilties as Acting Deputy Chief and Special Counsel include
management of

the Equitable Sharing Program. In that capacity, I have access to and am

familar with the offcial recordkeeping system for equitable sharing applications,
disbursements, and other related documents.

3. AFMLS administers the Department of Justice ("DOl") Equitable Sharing
Program. Through the Equitable Sharing Program, the Attorney General transfers a share
of forfeited propert and proceeds to State and local

law enforcement agencies that

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directly participate in an investigation or prosecution that results in federal forfeiture. In
order to participate in the Equitable Sharing Program, law enforcement agencies must

annually submit an Equitable Sharing Agreement and Certification fonn, and a signed
affdavit. The signed affdavit is submitted to DOJ by facsimile from the certifying law

enforcement agency.

4. Exhibit 11 is a true and correct copy of

the Federal Annual Certification

Report submitted to DOJ by the Maricopa Connty Sheriffs Offce ("MCSO"), a form
replaced in August 2008 by the Equitable Sharing Agreement and Certification form.

Exhibit 11 shows that, in Fiscal Year 2006-2007, MCSO maintained an equitable sharing
account for receipt of funds through the DOJ Equitable Sharing Program administered by

AFMLS. Exhibit 11 further shows that MCSO received funds into its equitable sharing

account in Fiscal Year 2006-2007. This document is kept in the regular course of
business.
5. Exhibit 14 is a true and correct copy of a report gcncratcd by AFMLS

listing the equitable sharing funds disbursed to MCSO from DOJ though the Equitable
Sharing Program. Exhibit 14 reflects all distributions of federal funds into the MCSO

equitable sharing account from July 1,2006 to June 30, 2007. This document is kept in
the regular course of business.

6. Exhibit 12 is a tre and correct copy of an Equitable Sharing Agreement

and Certification form between DOJ and MCSO. Exhibit 12 shows that, in Fiscal Year
2007-2008, MCSO maintained an equitable sharing account for receipt of funds through

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the DOJ Equitable Sharing Program administered by AFMLS. Exhibit 12 further shows
that MCSO received funds into its equitable sharing account in Fiscal Year 2007-2008.
This document is kept in the regular course of business.
7. Exhibit 15 is a true and correct copy of a report generated by AFMLS

listing the equitable sharing fuds disbursed to MCSO from DOJ through the Equitable

Sharing Program. Exhibit 15 reflects all distributions offederal funds into the MCSO

equitable sharing account from July 1,2007 to June 30, 2008. This document is kept in
the regular course of business.

8. Exhibit 13 is a true and correct copy of an Equitable Sharing Agreement

and Certification form between DOJ and the Maricopa County Sheriffs Offce
("MCSO"). Exhibit 13 shows that, in Fiscal Year 2008-2009, MCSO maintained an
equitable sharing account for receipt of funds through the DOJ Equitable Sharing

Program administered by AFMLS. Exhibit 13 further shows that MCSO received funds
into its equitable sharing account in Fiscal Year 2008-2009. This documcnt is kcpt in the
regular course of

business.

9. Exhibit 16 is a true and correct copy of a report generated by AFMLS

listing the equitable sharing funds disbursed to MCSO from DOJ though the Equitable
Sharing Program. Exhibit 16 reflects all distributions of

federal funds into the MCSO

equitable sharing account from July 1,2008 to June 30, 2009. This document is kept in
the regular course of business.

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10. Exhibit 17 is a true and correct copy of a report generated by AFMLS
listing the equitable sharing funds disbursed to MCSO from DOJ through the Equitable
Sharing Program. Exhibit 17 reflects all distributions of federal funds into the MCSO

equitable sharing account from July 1,2009 to June 30, 2010. This document is kept in
the regular course of business.

11. Exhibit 18 is a true and correct copy of a report generated by AFMLS
listing the equitable sharing funds disbursed to MCSO from DOJ through the Equitable
Sharing Program. Exhibit 18 reflects all distributions of federal funds iIlto the MCSO

equitable sharing account from July 1,2010 to August 31, 2010. This document is kept
in the regular course of

business.

12. Exhibit 25 is a true and correct copy of a combined Equitable Sharing

Agreement and affidavit signed by authorized representatives ofMCSO and Maricopa
County. Exhibit 25 is a form that law enforcement agencies participating in the Equitable
Sharing Program were required to sign until approximately August 2008. Thc signaturc
is part of the process by which a law enforcement agency is certified or recertified by

DOJ to participate in the DOJ Equitable Sharing Program.
13. The signed copy of the affidavit must be sent by facsimile from the

certifying law enforcement agency to DOJ. The affdavit signed by MCSO and Maricopa
County, of

which Exhibit 25 is a true and correct copy, was accepted as a signed atldavit

by DOJ on July 25, 2006, and is applicable through September 30, 2008. This document
is kept in the regular course of business.

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14. Exhibit 26 is a true and correct copy of

an instruction page that
which Exhibit 25 is a true and correct
business.

accompanied the Equitable Sharing Agreement, of

copy. This document is kept in the regular course of

15. Exhibit 27 is a true and correct copy of an affdavit signed by authorized

representatives ofMCSO and Maricopa County following the conclusion of

Fiscal Year

2007-2008 and covering Fiscal Year 2008-2009. Exhibit 27 is a form that must be signed
on a yearly basis by law enforcement agencies that have an equitable sharing account for receipt of funds through the DOJ Equitable Sharing Program administered by AFMLS.
The signed copy of

the affidavit must be sent by facsimile from the certifying law

enforcement agency to DOJ. The signature is part of

the process by which a law

enforcement agency is certified or recertified by DOJ to paricipate in the DOJ Equitable
Sharing Program.
16.' Exhibit 28 is a true and correct copy of an affdavit signed by authorized

representatives ofMCSO and Maricopa County following thc conclusion of Fiscal Year
2008-2009 and covering Fiscal Year 2009-2010. Exhibit 28 is a form that must be signed
on a yearly basis by law enforcement agencies that have an equitable sharing account for
receipt of funds through the DOJ Equitable Sharing Program administered by AFMLS.
The signed copy of

the affdavit must be sent by facsimile from the certifying law

enforcement agency to DOJ. The signature is par ofthe process by which a law
enforcement agency is certified or recertified by DOJ to participate in the DOJ Equitable
Sharing Program.

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17. I declare under penalty of perjur that the foregoing is true and correct to

the best of my knowledge and belief.

(

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