State of California et al v. Trump et al

Filing 57

ADMINISTRATIVE MOTION To enlarge page limits in support of motion for injunctive relief filed by State of California. Responses due by 4/18/2019. (Attachments: # 1 Proposed Order, # 2 Declaration of Lee Sherman, # 3 Notice of Motion & Motion for Preliminary Injunction, # 4 Proposed Order, # 5 Appendix of Declarations re: TFF, # 6 Appendix of Declarations re: Environmental, # 7 Request for Judicial Notice, # 8 Certificate/Proof of Service)(Sherman, Lee) (Filed on 4/4/2019)

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION

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Case No. 4:19-cv-00872

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN

APPENDIX OF DECLARATIONS RE:
TFF HARMS IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
Judge:

The Honorable Haywood S.
Gilliam, Jr.
Trial Date:
None Set
Action Filed: February 18, 2019

Plaintiffs,
v.

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Appendix of Declarations Re: TFF Harms (4:19-cv-00872-HSG)

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DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

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Appendix of Declarations Re: TFF Harms (4:19-cv-00872-HSG)

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DECLARATIONS CONCERNING HARM TO PLAINTIFF STATES CAUSED BY THE
DIVERSION OF RESOURCES FROM THE TREASURY FORFEITURE FUND
Exhibit Number

Declarant

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Michael Cayaban (California Office of the Attorney General)

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John Genovese (New York)

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Kevin Gardner (California)

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William Cranford (New Jersey)

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Susie Park (Illinois)

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James C. Rovella (Connecticut)

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Randall Hughes (Delaware)

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Kurt Keleman (Delaware)

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Mark Wohner (Delaware)

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10

Nolan Espinda (Hawaii)

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Michael T. Yokley (Illinois)

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Joseph Magats (Illinois)

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Daniel A. Scott (Maine)

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John Wilhelm (Maryland)

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Michelle Small (Massachusetts)

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Amanda Baker (Michigan)

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Jeff Wersal (Minnesota)

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Roland D. Swanson (Nevada)

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Travis Hampton (Oregon)

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Robert Azorr (Oregon)

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Timothy G. Sanzi (Rhode Island)

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Daniel Trudeau (Vermont)

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Gary T. Settle (Virgina)

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Brian O’Keefe (Wisconsin)

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Jennifer Onofrio (New York)

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Appendix of Declarations Re: TFF Harms (4:19-cv-00872-HSG)

EXHIBIT 1

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF MICHAEL
CAYABAN IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs,

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4:19-cv-00872-HSG

v.

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Declaration of Michael Cayaban (4:19-cv-00872-HSG)

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DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

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Declaration of Michael Cayaban (4:19-cv-00872-HSG)

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I, Michael Cayaban, declare as follows:

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1.

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I have personal knowledge of the facts set forth in this declaration. If called as a

witness, I could and would testify competently to the matters set forth below.

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2.

I am employed by the California Department of Justice, Office of the Attorney

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General, and currently serve a Supervising Deputy Attorney General within the Office’s Public

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Rights Division, Natural Resources Law Section. I am a licensed member of good standing with

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the California State Bar and represent the State of California in the above-captioned matter.

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3.

In my role as one of the attorneys representing the State of California in this

matter, I reviewed publicly available information relating to the Treasury Forfeiture Fund

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administered by the United States Department of Treasury pursuant to 31 U.S.C. section 9705.

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This information consists of annual Audit Reports prepared by the Department of the Treasury,

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Office of the Inspector General, which include financial statements and annual “Treasury

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Forfeiture Fund Accountability Reports” prepared by private accounting firms. These documents

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are collectively referred to herein as “Annual Audit Reports.”

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4.

The Treasury publishes the Annual Audit Reports on its website, found at

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https://www.treasury.gov/resource-center/terrorist-illicit-finance/Asset-Forfeiture/Pages/annual-

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reports.aspx. This website contains the Annual Audit Reports for each fiscal year from 1993 to

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2017. I last visited this website on March 29, 2019. The Annual Audit Report for fiscal year

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(FY) 2018, filed concurrently herewith as Exhibit 29 to Plaintiffs’ Request for Judicial Notice

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(RJN), is also available at https://www.treasury.gov/about/organizational-

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structure/ig/Audit%20Reports%20and%20Testimonies/OIG-19-022.pdf. Based on information

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and belief, the Annual Audit Reports are disclosed by the Treasury to Congress on an annual

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basis.

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5.

Pursuant to the requirements of 31 U.S.C. section 9705, the Treasury is permitted

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to distribute shares of forfeited assets to state and local law enforcement agencies under a

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program referred to as the “Equitable Share Program.” In various documents, including the

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Annual Audit Reports and the Treasury’s “Guide to Equitable Sharing for State, Local and Tribal

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Law Enforcement Agencies,” the Treasury refers to state and local agencies participating in the
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Declaration of Michael Cayaban (4:19-cv-00872-HSG)

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equitable share program as “partner agencies.” As noted in the Annual Audit Reports,

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Each year, the Fund pays tens of millions of dollars to state and local law
enforcement agencies, and foreign governments, for their participation in seizures that
lead to forfeitures of the Treasury Forfeiture Fund. State and local law enforcement
agencies can use these resources to augment their law enforcement budgets to fight
crime in their jurisdictions. Without these funds, budgets of the local municipalities
would be taxed to provide these important resources or the need would go unmet.

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(RJN, Ex. 29, p. 13.)
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6.

The Annual Audit Reports contain financial statements relating to the Treasury

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Forfeiture Fund for that given year and each Annual Audit Report includes a statement reflecting
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the amount of equitable shares received that year by law enforcement and prosecutorial agencies
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within each state or territory under the Treasury Forfeiture Fund’s Equitable Share Program. An
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example of this type of statement is found at RJN Exhibit 29, pages 47-48, which lists the amount
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of equitable shares received by each state or territory in the form of cash or property value in FY
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2018.
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7.

According to the Annual Audit Report for FY 1993, the Treasury Forfeiture

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Fund was created by enactment in 1992 and the 1993 report pertained to the initial year of the
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program. I reviewed the Annual Audit Reports from FY 1993 to FY 2018 to confirm each
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Plaintiff State’s participation as an equitable share partner in the Equitable Share Program.
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8.

The Annual Audit Reports reflect that each Plaintiff State has participated as an

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equitable share partner on a consistent basis throughout the history of the program. The Annual
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Audit Reports also reflect that most of the Plaintiff States have received shares each year that the
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program has existed.
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9.

The following table reflects the amount of equitable shares received by law

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enforcement and prosecutorial agencies within each Plaintiff State, excluding New Mexico, for
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the past five years, based on information contained in the Annual Audit Reports for FY 2014 to
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FY 2018 that I reviewed from Treasury’s website. Based on information and belief, New Mexico
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no longer participates in the Equitable Share Program. The dollar figures reflect the amount of
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equitable shares in cash and property value received by state and local equitable share partners
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within each state that year.
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Declaration of Michael Cayaban (4:19-cv-00872-HSG)

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20181
California
$53,366,000
Colorado
877,000
Connecticut
1,113,000
Delaware
--Hawaii
30,000
Illinois
6,864,000
Maine
48,000
Maryland
1,816,000
Massachusetts 341,000
Michigan
375,000
Minnesota
30,000
Nevada
403,000
New Jersey
929,000
New York
27,368,000
Oregon
363,000
Rhode Island 39,000
Vermont
--Virginia
306,000
Wisconsin
22,000
10.

20172
$8,295,000
321,000
311,000
66,000
130,000
5,268,000
1,099,000
1,320,000
2,023,000
234,000
2,673,000
2,433,000
2,019,000
17,101,000
697,000
43,000
7,000
7,061,000
78,000

20163
$10,915,000
303,000
354,000
26,000
174,000
2,174,000
213,000
642,000
938,000
1,344,000
48,000
248,000
673,000
83,846,000
842,000
67,000
8,000
1,558,00
629,000

20154
$13,848,000
1,746,000
460,000
101,000
24,000
3,772,000
12,000
2,587,000
2,016,000
1,307,000
290,000
1,128,000
2,955,000
47,833,000
1,462,000
36,000
82,000
6,554,000
1,338,000

Pursuant to requirements set forth in 31 U.S.C section 9705, after the Treasury

reserves certain amounts as set forth in the statute, the Treasury may also distribute a portion of
funds that it receives through the forfeiture of assets in connection with the law enforcement
activities of federal law enforcement agencies. According to the Annual Audit Reports, these
funds are paid from an account currently referred to as “Strategic Support” and formerly referred
to as “Super Surplus.”
11.

I reviewed the Annual Audit Report for each of the past nine years to determine

the amount of Strategic Support (formerly Super Surplus) funds distributed to federal law
enforcement agencies. Over the past nine years, a total of $584 million in Strategic Support funds
were distributed to federal law enforcement agencies. The following indicates the amount of
Strategic Support funds that Treasury distributed to each year to the various federal law
enforcement agencies that participate in the TFF program.

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2018: $47.1 million

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RJN, Ex. 29, pages 47-48.
Annual Audit Report for FY 2017, pp. 49-50.
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Annual Audit Report for FY 2016, pp. 47-48.
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Annual Audit Report for FY 2015, pp. 47-48.
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Annual Audit Report for FY 2014, pp. 48-49.
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2

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20145
$12,216,000
228,000
440,000
12,000
37,000
5,128,000
35,000
3,793,000
2,721,000
2,064,000
555,000
4,426,000
5,941,000
140,302,000
593,000
27,000
148,000
61,423,000
74,000

Declaration of Michael Cayaban (4:19-cv-00872-HSG)

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2017: $39.5 million

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2016: No funds distributed

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2015: No funds distributed

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2014: $155 million

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2013: $82.3 million

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2012: $78.7 million

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2011: $102.5 million

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2010: $78.9 million

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12.

I also reviewed the Department of the Treasury’s “Congressional Budget

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Justification for Appropriations and Annual Performance Report and Plan, FY 2019” for the

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Treasury Forfeiture Fund, which is attached as Exhibit 43 to Plaintiffs’ Request for Judicial

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Notice. Based on information and belief, Exhibit 43 was submitted to Congress by the Treasury

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on or about February 2018.

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13.

At page 4 of RJN Exhibit 43, under the heading “Challenges,” the Treasury noted

the following:

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Recently-enacted large rescissions have had a severe negative impact on the
participating member agencies’ investigations. Insufficient and inconsistent funding
support, uncertainty about future funding, investigations disrupted by cash flow
problems, and inability to obtain necessary technology/infrastructure in the absence
of Strategic Support all undermine both current and future financial investigations
and forfeitures. FY 2017 total revenue was the lowest since FY 2007, and the
substantial drop in “base” revenue (revenue from non-major forfeitures) that is relied
upon to cover basic mandatory costs of the forfeiture program is especially troubling.
Total FY 2017 “base” revenue was $349 million, as compared to $419 million in FY
2016, $387 million in FY 2015, and $410 million in FY 2014.

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In relation to Treasury’s stated concerns of potential impacts that congressional

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rescissions have had on the TFF program, I reviewed the Annual Audit Reports for fiscal years
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2016-2018 for information relating to those rescissions. These reports state that Congress
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rescinded $1.1 billion from the program in FY 2018, $1.3 billion in FY 2017, and $3.8 billion in
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2016.
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15.

I further reviewed publicly available information concerning the Asset Forfeiture

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Fund administered by the United States Department of Justice (DOJ). Specifically, I reviewed a
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Declaration of Michael Cayaban (4:19-cv-00872-HSG)

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December 21, 2015, press release relating to DOJ suspension of its Asset Forfeiture Fund, filed

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concurrently herewith as Exhibit. 44 to the RJN.

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16.

RJN Exhibit 44 indicates that in FY 2016, the DOJ was forced to temporarily

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suspend its equitable sharing payments to state and local law enforcement in response to

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Congressional rescissions. DOJ noted that Congress rescinded a combined total of $1.2 billion

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from the DOJ Asset Forfeiture Fund in fiscal years 2015 and 2016. In response, DOJ

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implemented cost reduction measures that included the suspension of its equitable sharing

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program “[i]n order to maintain the financial solvency of the Program. . . .” RJN, Ex. 44.

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17.

At the conclusion of fiscal year 2016, the same year that the DOJ temporarily

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suspended its equitable sharing program due to the impact of Congressional rescissions totaling

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$1.1 billion over a two-year period, the net budget of the DOJ Asset Forfeiture Fund was $1.4

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billion.6

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At the conclusion of fiscal year 2018, the same year that Treasury expressed

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concern for the program due to congressional rescissions totaling more than $5 billion over a

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three-year period, the net budget of the Treasury Forfeiture Fund was $1.4 billion. RJN, Ex. 29,

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p. 25.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed on April 2, 2019, at San Diego, California.

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/s/ Michael Cayaban
MICHAEL CAYABAN

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Office of the Inspector General, U.S. Dept. of Justice, “Audit of the Assets Forfeiture
Fund and Seized Assets Deposit Fund, Annual Financial Statements, Fiscal Year 2016,” p. 33.
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Declaration of Michael Cayaban (4:19-cv-00872-HSG)

EXHIBIT

XAVIER BECERRA

Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI

MICHAEL L. NEWMAN

Senior Assistant Attorneys General
MICHAELP. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA

Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA

II

LEE I. SHERMAN (SBN 272271)

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

4:19-cv-00872-HSG

DECLARATION OF JOHN GENOVESE

Plaintiffs,

v.

Declaration of John Genovese (4: 19-cv-OO 872-HSG)

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

Declaration of John Genovese (4: I 9-cv-00872-HSG)

I, John Genovese, declare as follows:
I.

I am an Assistant Deputy Attorney General for the Organized Crime Task Force

(OCTF) in the New York State Office of the Attorney General (NYOAG).
2.

I submit this Declaration in support of the State of New York' s litigation against

Donald J. Trump, in his official capacity as President of the United States of America; United
States of America; U.S. Department of Defense; Patrick M. Shanahan, in his official capacity as
Acting Secretary of Defense; Mark T. Esper, in his official capacity as Secretary of the Army;
Richard V. Spencer, in his official capacity as Secretary of the Navy; Heather Wilson, in her
official capacity as Secretary of the Air Force; U.S. Department of the Treasury; Seven T.
Mnuchin, in his official capacity as Secretary of the Treasury; U.S. Department of the Interior;
David Bernhardt, in his official capacity as Acting Secretary of the Interior; U.S. Department of
Homeland Security; and Kirstjen M. Nielsen, in her official capacity as Secretary of Homeland
Security regarding the diversion of federal funding that New York receives toward bui [ding a
wall on the United States-Mexico border. I am familiar with the matters set forth herein, either
from personal knowledge or on the basis of documents that have been provided to and/or
reviewed by me. If called as a witness, I could and would testify to the matters set forth below.
3.

I am the Assistant Deputy Attorney General in charge of asset forfeiture matters

for OCTF in the NYOAG located at 44 South Broadway White Plains, New York 10601-5008.
My educational background includes graduating with an atrium baccalaureus from Georgetown
University in 1981. I subsequently graduated with ajuris doctor from John Marshall Law School
in 1985. I have been employed as the Assistant Deputy Attorney General in charge of asset
forfeiture matters for OCTF since January 2018. Prior to this role, I served as an Assistant and
Senior Assistant District Attorney primarily handling asset forfeiture matters in the Kings County
District Attorney's Office in its Money Laundering and Revenue Crimes Bureau (renamed as the
Asset Forfeiture and Crimes Against Revenue Bureau in 2014) from 2005 to 2018.
4.

OCTF is responsible for investigating and prosecuting multi-county, multi-state,

and multi-national organized criminal activities occurring within New York State. OCTF
specializes in identifying emerging and existing organized crime enterprises, and seeks to
Declaration of John Genovese (4: 19-cv-00872-HSG)

undermine their structure, influence, and presence within the State. Most of OCTF's cases
involve long-term investigations into crimes like narcotics trafficking, loan sharking, gambling,
racketeering, tax fraud, and money laundering conducted in partnership with local, state, and
federal law enforcement agencies.
5.

OCTF is a participant in the Department of the Treasury (Treasury) equitable

sharing program, and has been receiving equitable sharing payments from the Treasury Forfeiture
Fund since 1996. The Treasury equitable sharing program is critical in facilitating collaboration
between federal and state agencies in important law enforcement initiatives that affect New York
State and the safety of its residents.
6.

On behalf ofOCTF, the Criminal Justice Division of the NYOAG (the Criminal

Justice Division) submits yearly Equitable Sharing Agreement and Certification forms for fiscal
years ending on March 31 to maintain compliance as a participant in the program.
7.

After leading or providing assistance in law enforcement efforts resulting in

federal forfeiture, OCTF requests a share of the relevant forfeited asset by submitting the requisite
TD F 92-22.46 form to the federal agency processing the forfeiture. OCTF indicates its
contribution with respect to the relevant seizure, including how many hours of OCTF time was
expended. OCTF provides a summary of its participation in and costs incurred as a result of the
seizure, which may include, among other things, the provision of investigators, the provision of
translators, the execution of search warrants, the installation or provision of surveillance
equipment, the provision and manning of an eavesdropping wire plant, the preparation of
subpoenas, and preparation for and execution of trial.
8.

From March 31, 20 I 3 to the present, the NYOAG has received $1,371,425.56 in

equitable sharing payments from the Treasury Forfeiture Fund in connection with OCTF's
participation in the equitable sharing program.
9.

OCTF currently has requests for equitable sharing payments outstanding with

respect to cash assets totaling $3,481,884.46. For example, in connection with a joint
investigation by OCTF, the New York Police Department (NYPD), and Homeland Security
Investigations into the trafficking of untaxed cigarettes in and between New York, Maryland, and
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Declaration of John Genovese (4: l 9-cv-00872-HSG)

Virginia, OCTF submitted equitable sharing requests on December I 0, 2018 for cash assets
totaling $332,934.47, as well as for two vehicles. OCTF contributed investigators and incurred
overtime expenses and travel expenses in connection with the investigation. OCTF also provided
the installation of four surveillance cameras body worn cameras, audio listening devices, OPS
vehicle tracking, translation services, and transcriptions of all recorded communications. OCTF
attorneys prepared subpoenas, prepared utility requests, and prepared and applied for a New York
search warrant. OCTF performed detailed analysis of subpoenaed financial records. OCTF
attorneys also prepared the case and presented it to the Grand Jury of the Supreme Court of the
State of New York, Kings County, which resulted in the return of a twenty-one count indictment
charging the relevant indiv1duals with violations ofNew York law.
I 0.

OCTF expects to submit requests for equitable sharing in future fiscal years>

including in fiscal year 2019 and fiscal year 2020.
11.

The NYOAG uses equitable sharing payments to support a broad range of state

government purposes to further law enforcement operations and investigati ons, and to purchase
law enforcement equipment. The types of expenses funded include wire taps, data circuits
investigative software and storage, and other security equipment. Funds have also been
transferred to other law enforcement agencies who participate in the equitable sharing program.
YOAG's Community Overdose Prevention program, state and local

For example, through the

law enforcement officers were equipped with and trained in using naloxone, an opioid antagonist
that is used to rapidly reverse opioid overdose. Additionally, funds have been provided to law
enforcement agencies across the New York State for the purchase of bulletproof vests.
I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct.
Executed on March

t:L 2019, at White Rans, New York.
John Genovese
As stant Deputy Attorney General
rganized Crime Task Force
New York State Office of the Attorney General
3

Declaration of John Genovese (4: l 9-cv-00872-HSG)

EXHIBIT

1
2
3
4
5
6
7
8
9
10
11

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

12
IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18
19
20
21
22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF KEVIN GARDNER
IN SUPPORT OF PLAINTIFFS’
MOTION FOR A PRELIMINARY
INJUNCTION

Plaintiffs,

26
27

4:19-cv-00872-HSG

v.

28
Declaration of Kevin Gardner (4:19-cv-00872-HSG)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Declaration of Kevin Gardner (4:19-cv-00872-HSG)

1

I, Kevin Gardner, declare as follows:

2

1.

3
4

I have personal knowledge of the facts set forth in this declaration. If called as a

witness, I could and would testify competently to the matters set forth below.
2.

I am currently serve as the Chief for the California Department of Justice, Division

5

of Law Enforcement (“DLE”). I have held this position for the past two years. I have also

6

served in the positions of Captain and Acting Deputy Chief for the City of Sacramento Police

7

Department. I have served as a peace officer within the State of California since 1988.

8
9
10
11

3.

As the Chief of the Division of Law Enforcement, I am responsible for complete

oversight of DLE, including the budget, policies and procedures, personnel, planning, and the
direction of DLE’s law enforcement programs.
4.

DLE is one of the largest statewide investigative law enforcement agencies in the

12

United States. The mission of DLE is to enhance public safety by conducting: (1) criminal

13

investigations, (2) regulatory oversight, and (3) forensic analysis of evidence for criminal

14

proceedings. DLE consists of five bureaus, including the Bureau of Investigation (“BI”) and the

15

Bureau of Gambling Control (“BGC”).

16

5.

The BI provides statewide expert investigative services to combat multi-

17

jurisdictional criminal organizations. The BI is comprised of Special Agents that are experts in

18

conducting complex criminal investigations in the areas of organized crime, drug trafficking, and

19

gang activity. BI agents are assigned to regional offices and task forces throughout the State. As

20

part of those efforts, the BI is active on task forces that include participating members from

21

federal agencies such as the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco,

22

Firearms & Explosives, the Federal Bureau of Investigations, the Internal Revenue Service, and

23

Homeland Security Investigations within Immigration and Customs Enforcement.

24

6.

The Bureau of Gambling Control is responsible for ensuring that lawful gambling

25

in California is conducted honestly, competitive, and free from criminal and corruptive elements.

26

Among its responsibilities, BGC agents conduct comprehensive investigations into the

27

qualifications of individuals and business entities who apply to the California Gambling Control

28

Commission for state gambling licenses, and conduct ongoing compliance inspections of
1
Declaration of Kevin Gardner (4:19-cv-00872-HSG)

1

gambling operations and establishments throughout the state. BGC also participates in joint

2

investigations with federal law enforcement agencies, such as the Internal Revenue Service and

3

the Department of the Treasury.

4

7.

The DLE participates as an equitable share partner in the Treasury Forfeiture Fund

5

(“TFF”) Equitable Share Program administered by the U.S. Department of Treasury pursuant to

6

31 U.S.C. § 9705. Under the TFF equitable share program, the Department of Treasury may

7

distribute funds derived from forfeited assets to a state or local law enforcement agency if that

8

agency is a participant in the program and the agency participated in a law enforcement action

9

that resulted in a seizure and forfeiture that is subject to the Department of Treasury’s

10
11

jurisdiction.
8.

As the Chief of DLE, I have oversight responsibility over DLE’s participation in

12

the TFF Equitable Share Program and I supervise the Staff Service Manager I and Investigative

13

Auditor IV tasked with maintaining DLE’s records relating DLE’s claims to equitable shares and

14

its use of shares received through the program. These records include: claims submitted by DLE

15

to the Department of Treasury following law enforcement actions that resulted in a seizure;

16

notices of forfeiture that DLE receives from the Department of Treasury; records reflecting the

17

payment of equitable shares to the DLE by the Department of Treasury; and, records relating to

18

DLE’s use of equitable shares toward law enforcement purposes.

19

9.

BI and BGC frequently participate in joint law enforcement actions and

20

investigations with federal agencies that fall under the Department of Treasury’s TFF program,

21

such as the Internal Revenue Service and the Department of Homeland Security’s Homeland

22

Security Investigations. For example, BI is involved in four task forces where Homeland

23

Security Investigations is a participating agency along with other local law enforcement agency

24

partners—(1) Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force

25

(“LA IMPACT”); (2) High Impact Investigation Team (“HIIT”); (3) Tax Recovery and Criminal

26

Enforcement Task Force (“TRaCE”); (4) Inland Crackdown Allied Task Forces (“INCA”). These

27

joint law enforcement actions and investigations benefit California’s residents by disrupting large

28

scale criminal enterprises spanning multiple jurisdiction throughout the state and nation.
2
Declaration of Kevin Gardner (4:19-cv-00872-HSG)

1

10.

These law enforcement actions sometimes result in the seizure of assets—cash or

2

property with a monetary value. As a partner agency under the equitable share program, the DLE

3

submits a claim for an equitable share of the seized asserts based on DLE’s level of participation

4

in the action that resulted in the seizure. This initial claim is submitted within 60 days of the law

5

enforcement action resulting in a seizure. The Department of Treasury maintains possession of

6

the seized assets and provides DLE with notice of a judicial declaration of forfeiture. After

7

receiving such forfeiture notice, DLE certifies that it is entitled to a share of the seized assets

8

under state law. The Department of Treasury then makes a determination concerning DLE’s

9

equitable share claim and provides DLE with notice of the distributed amount.

10

11.

Over the past five years, the BI and BGC have submitted a total 14 claims for

11

reimbursement. Each claim identified the date of the seizure, the federal agency involved in the

12

seizure, the amount of cash or value of the asset seized, and the percentage of the total value of

13

the seizure claimed by the DLE based on the level of DLE’s involvement in the law enforcement

14

action. Each equitable share claim is based on law enforcement actions that have already

15

occurred and which involved the expenditure of state resources and relied on the contributions of

16

state law enforcement personnel.

17

12.

Within the past five years, the Department of Treasury has not advised DLE of any

18

equitable share claim submitted by DLE that has been rejected by the Department of Treasury,

19

nor that any seizure subject to an equitable share claim by DLE did not result in a forfeiture.

20

13.

Of the 14 claims submitted by DLE over the past five years, the Department of

21

Treasury has paid at least a portion of the equitable share sought by DLE for five of the claims

22

submitted. The other nine claims remain outstanding.

23
24
25
26
27
28

14.

DLE’s nine equitable share claims that remain outstanding seek shares of over

$2.5 million in seized assets. These equitable share claims include:
DLE’s claim to a 60% equitable share of $106,918 seized during a law enforcement
action in which the DLE’s Bureau of Investigation participated in the action. In
December 2018, the Department of Treasury notified DLE that the assets had been
deemed forfeited and subsequently notified DLE of its intent to pay DLE
$49,823.78, which is 46.6% of the total assets seized. Payment on this claim is
currently pending.
3
Declaration of Kevin Gardner (4:19-cv-00872-HSG)

•

DLE's claim to a 35% equitable share of $1,780,653.76 seized during a law
enforcement action involving the Internal Revenue Services and the DLE's Bureau
of Gambling Control. The DLE has yet to receive payment ofthis claim.

•

4

DLE's claim to a 40% equitable share of $503 ,986.65 in assets seized during a law
enforcement action involving the DLE' s Bureau of Gambling Control. The DLE
has yet to receive payment of this claim.

5

15.

1
2

3

As the Chief ofDLE, I am responsible for overseeing and approving DLE's

6

expenditure of funds DLE receives from the TFF and for ensuring said funds are used for

7

legitimate law enforcement purposes consistent with its equitable sharing agreement with the

8

Department of Treasury. For the past several years, the DLE has applied the equitable shares

9

that it has received toward the payment of rent for facilities utilized by the BI and BGC.

10

16.

If Treasury's processing ofDLE's equitable share claims is delayed outside of the

11

regular course, DLE will be delayed from using the funds that it would have otherwise received

12

sooner, which will be to the detriment of public safety for the State of California. If DLE' s

13

pending equitable share claims are denied or reduced, the overall funding available to sustain law

14

enforcement operations will be diminished and potentially result in the closure of tasks forces,

15

adversely impacting our ability to provide law enforcement services in certain areas of the State.

16
I7
18

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on April 3, 2019, in Sacramento, California.

19
20
21
22

KEVIN GARDNER, Chief
Division of Law Enforcement
California Department of Justice

23
24
25

26
27

28
4
Declaration of Kevin Gardner (4: l 9-cv-00872-HSG)

EXHIBIT

1
2
3
4
5
6
7
8
9
10
11

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAY ABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

12
IN THE UNITED STATES DISTRICT COURT
13

FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18
19
20
21
22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAW All;
STATE OF ILLINOIS; STATE OF
MAINE; ST ATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
ST A TE OF MINNESOTA; ST ATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF WILLIAM
CRANFORD IN SUPPORT OF
PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs,

26
27

4: 19-cv-00872-HSG

v.

28
Declaration of William Cranford

(4:19-cv-00872-HSG)

1

2
3
4
5
6
7

8
9
10
11

12

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRST JEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;

13
14

Defendants.

15
16
17
18
19

20
21

22
23
24
25

26
27

28
Declaration of William Cranford (4: l 9-cv-00872-HSG)

1

I, William Cranford, declare as follows:

2

1.

3

I am the Deputy Administrator within the New Jersey Department of Law and Public

Safety (LPS), Office of the Attorney General (OAG).

4

2.

I submit this declaration in support of the State of New Jersey's litigation against

5
6

7

Donald J. Trump, et al. regarding the diversion of certain federal funding that New Jersey receives
toward building a wall on the United States-Mexico border. I am familiar with the matters set forth

8

herein, either from personal knowledge or on the basis of documents and information that have

9

been provided to and/or reviewed by me. If called as a witness, I could and would testify

10
11

competently to the matters set forth below.
3.

I am the Deputy Administrator of the LPS, and I have held that position since 2017.

12
In that capacity, I have oversight of budgetary, fiscal, personnel, data processing, office automation,
13
14
15

capital and facilities transactions.
4.

The New Jersey State Police regularly participates with the United States

16

Department of Homeland Security (DHS), specifically Customs and Border Patrol (CBP) and

17

Homeland Security Investigations-ICE (HSI) in carrying out law enforcement operations. The New

18
19

Jersey State Police conducts law enforcement operations and related investigations in partnership
with local, state, and federal law enforcement agencies.

20
5.

After the New Jersey State Police or other eligible State agencies carry out law

21

22

enforcement activities in conjunction with the federal agencies that participate in the Department

23

of the Treasury's (Treasury) Treasury Forfeiture Fund (TFF) that may result in forfeited assets,

24

New Jersey requests an equitable share of forfeited asset(s) by submitting the requisite TD F 92-

25

22.46 (9/11) (0MB No. 1505-0152) form to the federal agency processing the forfeiture.

26
27

28
Declaration of William Cranford (4: 19-cv-00872-HSG)

1
2
3

6.

LPS oversees the New Jersey State Police and is a participant in the Treasury's

equitable sharing program. LPS has been receiving equitably shared payments from the TFF since
at least 2007.

4
7.

OAG maintains a funding account funded exclusively by the TFF called the Federal-

5
6

Treasury Department of Law Public Safety account. On behalf of LPS, OAG submits yearly

7

Equitable Sharing Agreement and Certification forms in August to maintain compliance as a

8

participant in the program.

9
10
11

8.

In its past operations with federal agencies participating in the TFF, LPS regularly

received some share of the forfeited assets based on its participation in the law enforcement
operation.

12
9.

As part of my responsibilities in the OAG, I have oversight of the LPS's sharing

13
14

requests, receipt and deposit of shared funds, spending and accounting of shared funds, and I ensure

15

that all of the expenditures of TFF-shared funds are carried out in line with the Guide to Equitable

16

Sharing for State, Local, and Tribal Law Enforcement Agencies as well as other guidance and

17

decisions issued by the Treasury. 1

18

10.

On May 1, 2014, New Jersey State Police participated in a law enforcement

19
operation with the DHS that resulted in a seizure of $501,499. On June 30, 2015, New Jersey
20
21
22

received $32,542.27 in equitably shared funds from that forfeiture.
11.

On August 25, 2016, New Jersey State Police participated in a law enforcement

23

operation with DHS that resulted in a forfeiture of $52,730.00. The State Police's Gangs and

24

Organized Crime Unit and its Electronic Surveillance Unit worked with the Jersey City Police

25
26

•

27
28

1 See U.S. Dep't. of the Treas. & U.S. Dep't. of Just., "Guide to Equitable Sharing for
State, Local, and Tribal Law Enforcement Agencies," (July 2018) available at
https ://www.justice. gov/criminal-afmls/file/794696/download (guidelines on participation in
federal asset forfeiture equitable sharing program).
2

Declaration of William Cranford (4: l 9-cv-00872-HSG)

1

Department and HSI to break up a heroin trafficking ring. New Jersey requested 40 percent of the

2

forfeited assets and received approximately the requested amount, $19,636.65 in equitably shared

3

funds on October 31, 2018.

4

12.

On May 15, 2017, New Jersey participated in four law enforcement operations with

5
6

the DHS. The first resulted in a $50,000 forfeiture. On October 31, 2018, New Jersey received

7

$7,472 from the first forfeiture. The second operation resulted in $68,990 being forfeited, of which

8

New Jersey received $5,154.93 in equitably shared funds on October 31, 2018. The third operation

9

resulted in a $84,380 forfeiture, of which New Jersey received $2,568.87 on October 31, 2018. The

10
11

final forfeiture amount was $245,855.00, of which New Jersey received $18,370.28 in equitably
shared funds on December 31, 2018.

12
13.

New Jersey has used these funds for critical law enforcement equipment upgrades

13
14
15

and the installation of new technology.
14.

New Jersey was able to install a new digital evidence system, forensic software

16

training, related hardware, and an anti-virus license for the system with about $325,000 of the TFF

17

equitably shared funds. The system allows for more secure, permanent storage of digital evidence

18

for LPS's Division of Criminal Justice. The TFF equitably shared funds enabled New Jersey to set

19
up a properly configured and protected network in its Computer Analysis and Technology Unit
20
21

22

forensic lab, which significantly enhances the State's ability to obtain evidence of financial crimes.
15.

Additionally, with the continued approval of Treasury, New Jersey has set aside

23

$500,000 of the TFF equitably shared funds for information leading to the capture of Joanne

24

Chesimard, a fugitive still at large for the murder of a New Jersey State Police trooper.

25
26

16.

New Jersey does not budget or commit to spending shared funds in advance but has

a reasonable expectation of receiving an equitable share in TFF funds due to its participation in

27
28
3
Declaration of William Cranford (4: 19-cv-00872-HSG)

1

several law enforcement operations that resulted in sizeable asset seizures and for which it has

2

pending TFF equitable share requests.

3

17.

On May 19, 2017, the New Jersey State Police participated in a law enforcement

4
operation with HSI resulting in a $29,500 seizure. New Jersey submitted an equitable share request
5
6

7

and reasonably anticipates receiving an equitably shared portion.
18.

On December 13, 2017, the New Jersey State Police participated in a law

8

enforcement operation with HSI that resulted in a $103,013.39 seizure. New Jersey submitted a

9

request for an equitable share of the forfeited funds on January 10, 2018 and reasonably anticipates

10
11

receiving an equitably shared portion.
19.

On December 18, 2017, the New Jersey State Police participated in a law

12
enforcement operation with HSI and CBP resulting in a $70,050 seizure. New Jersey submitted a
13
14
15
16
17
18

request for a 30 percent equitable share on January 10, 2018 and reasonably anticipates receiving
an equitably shared portion.
20.

I am also aware that, in addition to the New Jersey State Police, other local and

regional law enforcement agencies throughout New Jersey work with TFF-participating federal
agencies in carrying out law enforcement operations, and these New Jersey agencies likewise

19
receive equitable shares of forfeited assets. I have reviewed the Department of Treasury's reported
20
21

data on Treasury Forfeiture Fund equitable shares received by the various states. Treasury reports

22

that law enforcement agencies in New Jersey as a whole received $2,817,000 in currency and

23

$138,000 in property for the fiscal year ending on September 30, 2015; 2 $670,000 in currency and

24
25
26
27
28

2 See U.S. Dep't. of the Treas., "Treasury Forfeiture Fund Accountability Report, Fiscal
Year 2015," available at https://www.treasury.gov/resource-center/terrorist-illicit-finance/AssetF orfeiture/Documents/TFF%20FY%202015 %20Accountability%20Report%20F inal. pdf.

4
Declaration of William Cranford (4:19-cv-00872-HSG)

1

$3,000 in property in the fiscal year ending on September 30, 2016, 3 and $1,018,000 in currency

2

and $1,001,000 in property in the fiscal year ending on September 30, 2017. 4

3

21.

As presented above, through its receipt of asset forfeiture equitable share funds, New

4

Jersey has been able to fund important law enforcement operations and equipment that may not
5
6

have otherwise been available. If funds are diverted from TFF, New Jersey would lose valuable

7

resources for its state law enforcement activities, and its law enforcement operations will not be as

8

robust.

9

10
11

22.

New Jersey is committed to ongoing coordination and cooperation with the United

States Department of Homeland Security, the United States Secret Service, and the United States
Department of the Treasury and the provision of New Jersey's law enforcement expertise to further

12
the mission of protecting the safety and welfare of the people of New Jersey and the United States.

13
14
15
16
17
18

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on April_
/_, 2019, at Trenton, New Jersey.

19
20
21

William Cranford

22
23
24
25
26
27
28

See U.S. Dep't. of the Treas., "Treasury Forfeiture Fund Accountability Report, Fiscal
Year 2016," available at https://www.treasury.gov/resource-center/terrorist-illicit-finance/AssetForfeiture/Documents/TFF%20FY%202016%20Accountability%20Report.pdf.
4 See U.S. Dep't. of the Treas., "Treasury Forfeiture Fund Accountability Report, Fiscal
Year 2017," available at https://www.treasury.gov/resource-center/terrorist-i1licit-finance/AssetForfeiture/Documents/TFF%20FY%202017%20Accountability%20Report%20Final%2012-1317 .pdf.
3

5
Declaration of William Cranford (4: l 9-cv-00872-HSG)

EXHIBIT

1
2
3
4
5
6
7
8
9
10
11

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

12
IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18
19
20
21
22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF SUSIE PARK IN
SUPPORT OF PLAINTIFFS’ MOTION
FOR PRELIMINARY INJUNCTION

Plaintiffs,

26
27

4:19-cv-00872-HSG

v.

28
Declaration of Susie Park (4:19-cv-00872-HSG)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Declaration of Susie Park (4:19-cv-00872-HSG)

1

r

2

1.

Susie Park, declare as follows:
I am Deputy Chief for the Bureau of Organizational Development for the Chicago

3

Police Department (CPD). I have personal knowledge of the facts set forth in this declaration and

4

respectfully submit this declaration in support of the Plaintiff States' motion for prelimina:iy

5

injunction. 1f called as a witness I could and would testify competently to the matters set fo11h

6

below.

7

2.

8

as Deputy Chief

9

directly liaised with CPD for the City of Chicago's Office of Budget and Management.

10

3.

I have served as Deputy Chief for CPD since February 2018. Prior to my service

r worked

as the Deputy Budget Director in charge of Public Safety which

As part of my work for CPD, T am aware that CPD participates in equitable

11

sharing agreements with various federal law enforcement agencies including the United States

l2

Department of the Treasury (''Treasury Department' ). Through these equitable sharing

13

agreements CPD receives a portion of the funds seized or forfeited as a result of cooperative law

14

enforcement efforts involving CPD and federal law enforcement agencies. Pursuant to federa l

15

equitable sharing procedures, CPD must submit an Equitable Sbal'ing Agreement and

16

Certification ("ESAC") form to the relevant federal law enforcement agencies. CPD maintains

17

these ESAC forms as part of its official records.

18

4.

I have reviewed CPD internal records as well as ESAC forms submitted by CPD

19

for the fiscal years 2014 through 2018. My review of these records indicates that CPD has

20

received $2,489,678.14 in federal equitable sharing fw1ds from the Treasury Depaitment' s

21

Treasury Forfeiture Fund (TFF) in the 2014 through 2018 fiscal years:

22

Year

TFF Funds Received

23

2014

$542,513.85

24

2015

$663,574.56

25

2016

$163 881.47

26

2017

$820,008.80

27

2018

$299,699.46

28

Total

$2,489,678.14

I
Declaration of Susie Park (4: !9-cv-00872-HSG)

1

5.

I am also aware that CPD is eli.gible to receive additional federal equitable sharing

2

funds from the TFF. CPD has 274 requests pending with the Treasury Department for TFF funds.

3

The total value of these open cases is $25,197,719. As with past requests, CPD expects to receive

4

a percentage of these funds based on the level of CPD's participation in the cooperative law

5

enforcement effort in question.

6

6.

CPD has historically expended the funds received from the TFF for operational

7

needs of the Department. Examples of costs to which CPD bas directed TFF funds includes car

8

leases, helicopter maintenance, equipment and support for body-worn cameras and tasers

9

training and computers.

10

7.

CPD has also used TFF money to fund the expansion of the Strategic Decision

11

Support Centers (SDSCs). SDSCs are designed to employ a new approach to gun violence

12

prevention through a combination of police officers and analysts. Starting in early 2017, SDSCs

13

have served as centers of intelligence for the districts in which they are stationed, combining

14

intelligence gathering with quantitative data analytics, and providing real-time situational

15

awareness to CPD in order to enhance response times and crime prevention efforts. To date, CPD

16

has implemented SDSCs in 20 districts across the City of Chicago; districts with SDSCs saw an

l7

average reduction in shootings of 25% in 2017, bringing down the number of shootings citywide

18

by 2 l % (or 765 fewer incidents).

19

8.

CPD requires substantial resources to protect public safety. CPD looks to TFF

20

funds when the Department cannot meet its burden with other funds to cover operational costs. If

21

CPD does not receive TFF disbursements for the pending claims CPD will be harmed in the

22

amount of those disbursements.

23

I declare under penalty of pe1jury under the laws of the United States that the foregoing is

24

true and correct.

25

Executed on

26

/1a r CI,

29

2019atCLs <

27

__,

28
2
Declaration of Susie Park (4:19-cv-00872-HSG)

u ie Park

EXHIBIT

1

XAVIER BECERRA

2

ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN

Attorney General of California
3

Senior Assistant Attorneys General

4
5

MICHAELP. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA

Supervising Deputy Attorneys General

6
7
8
9
10
11

HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II

LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

12
IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18
19
20
21
22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
· DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

26
27
28

4:19-cv-00872-HSG

DECLARATION OF James C. Rovella

Plaintiffs,

v.
DONALD J. TRUMP, in his official capacity
Declaration ofJames C. Rovella (4: 19-cv-00872-HSG)

1

2
3

4
5
6
7
8
9
10

11
12

13

as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJENM. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

14
15

16
17

18
19
20
21

22
23
24

25
26
27

28
Declaration of James C. Rovella (4:19-cv-00872-HSG)

1

I, James C. Rovella, declare as follows:

2

1.

I am Commissioner of the Connecticut Department of Emergency Services and

3

Public Protection. I have personal knowledge of the facts set forth in this declaration. If called as

4

a witness, I could and would testify competently to the matters set forth below.

5

2.

For at least each of the last five years, state and local law enforcement agencies in

6

the State of Connecticut have received equitable sharing resources - in both currency and

7

property- from the federal Treasury Forfeiture Fund (TFF). Those resources are an important

8

part of supporting effective law enforcement activities in Connecticut, and keeping our

9

communities safe and secure.

10

3.

According to federal audits, in Federal Fiscal Year (FFY) 2018, which ended on

11

September 30, 2018, Connecticut-based law enforcement received TFF equitable sharing

12

resources worth a total dollar value of $1,113,000, with $1,060,000 in currency and the remainder

13

in property. In FFY 2017, Connecticut received $311,000 in TPF equitable sharing resources, all

14

in currency. In FPY 2016, Connecticut received $354,000 in TPP equitable sharing resources, all

15

in currency. In FFY 2015, Connecticut received $460,000 in TFF equitable sharing resources, all

16

in currency. And in FFY 2014, Connecticut received $440,000 in TFP equitable sharing

17

resources, all in currency.

18

4.

In each of the last five years, the Connecticut Department of Emergency Services

19

and Public Protection (DESPP), which houses the Connecticut State Police, has received a

20

significant amount of currency through TFP equitable sharing. In State FY (SPY) 2018, ending

21

June 30, 2018, we received $335,514; in SFY 2017, we received $93,637; in SFY 2016, we

22

received $51,319; in SFY 2015, we received $269,251; and in SFY 2014 we received $335,904.

23

5.

Those TFP resources support key aspects of our work that are critical to our

24

continuing to protect the public. In SPY 2018, for instance, DESPP spent $108,595 in TFF

25

equitable sharing funds on travel for necessary training activities; $42,158 for equipment for line-

26

of-duty law enforcement personnel; and $36,971 to support law enforcement operations.

27
28

6.

DESPP regularly, and on an ongoing basis into the cunent fiscal year, submits

claims to equitable sharing from the TPF. I am not aware of any instances in which Connecticut
1
Declaration of James C. Rovella (4: I 9-cv-00872-HSG)

1

has submitted a claim for equitable sharing resources from the Treasury Forfeiture Funds and

2

been denied its reasonable share of forfeited assets.

3

7.

IfTFF funds are denied to DESPP, it will negatively impact our ability to train,

4

equip, and deploy state police officers. Connecticut anticipates a significant budget shortfall in the

5

upcoming fiscal years, and I do not anticipate that state general funds will be available to replace

6

resources lost if TFF funds are dive11ed.

7
8
9

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on Friday, March 29, 2019, at Middletown, Connecticut.

10
11

12

Janfs C. Rovella
Commissioner
Department of Emergency Services and
Public Protection

13
14
15

State of Connecticut

16

County of t'.) , c.l i:l k .. :S-<"iZ

17

On this the 2
~~' le.ue.s'i " :<.

~

9

M

20

day of
Q....< c..\.__
, ? o \ 'j
, before me,
(name of notary), personally appeared
Cs\.e.-s c.. . Jlovu,c..
, known to me (or satisfactorily proven) to be the
person(s) whose name(s)
( i s ~ ) subscribed to the within instrument and
L :>
C. 12. a..1 V\.lL
(he/sh~) executed the same for the
acknowledged that
purposes therein contained.

21

In witness whereof! hereunto set my hand.

18

19

22

L) ~.,.....

2<>1'1

Date: ~

23
24
25

26
27

Abi Levesque
NOTARY PUBLIC
State of Connecticut

Notary Public
Print Name:

tib. Leu.e..:::,4

...,c_.

My Commtaaion Expires 05/31/2020

My Commission Expires:

oS)~\ )Zc2.o

28
2
Declaration ofJames C. Rovella (4:19-cv-00872-HSG)

EXHIBIT

XAVIER BECERRA

2

Attorney General of California
ROBERT W. BYRNE

3

SALLY MAGNANI
MICHAEL L. NEWMAN

Senior Assistant Attorneys General
4

5

MICHAEL P. CA YA BAN
CHRISTINE CHUANG
EDWARD H. OCHOA

Supervising Deputy Attorneys General
6
7
8
9
10
11

HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Artorneys.for Plai111ijJS1ate o.(California

12

IN THE UN1TED STATES DISTRICT COURT

13

FOR THE NORTHERN

14

DISTRICT OF CALIFORNIA

OAKLAND DIVISION

15
16
17

18

19
20
21

22
23

24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HA WAIL;
STATE OF lLLINOLS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
Nl~VADA; STATE OF NEW JERSEY;
STATE OFNEWME'A'ICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE TSLAND; STATE OF
VERMONT; COMMONWEALTH QJr
VIRGINIA; and STATE OF WISCONSIN;

26
27
28

Plaintiffs,
v.

DONALD J. TRUMP, in his official ca1n1city

4: I 9-cv-00872-HSG

DECLARATION OF RANDALL L.
HUGHES IN SUPPORT OF
PLAINTIFFS' MOTION FOR A
PRELIMINARY INJUNCTION

2
3

4
5

6
7
8
9

10
11

12

13
14

15

16
17

18

19

20
21
22

23

24
25

26
27

28

as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

1

I, Randall L. Hughes, declare as follows:

2

l.

3
4
5
6

I have personal knowledge of the facts set forth in this declaration. If called as a

witness, I could and would testify competently to the matters set forth below.
2.

I am Police Chief of the Georgetown Police Department ("GPD"), in the State of

Delaware. I have served in my current position for the past 4 years .
3.

In my current position, I perform duties relating to the participation as an equitable

7

share partner in the Treasury Forfeiture Fund («TFF") administered by the U.S . Department of

8

Treasury. The GPD is a participant in the TFF's equitable share program pursuant to 31 U.S.C. §

9

9705 and the terms of an equitable share agreement with the Department of Treasury.

10

4.

I am familiar with the records maintained by the GPD relating to its participation

11

in the TFF equitable share program. These records include claims submitted by GPD to the

12

Department of Treasury following law enforcement actions that resulted in a seizure; notices of

13

forfeiture that GPD receives from the Department of Treasury; records reflecting the payment of

14

equitable shares to the GPD by the Department of Treasury; and, records relating to GPD's use of

15

equitable shares toward law enforcement purposes.

16

5.

Under the TFF equitable share program, the Department of Treasury may

17

distribute funds derived from forfeited assets to a state or locals law enforcement agency if that

18

agency is a participant the program and the agency participated in a law enforcement actions that

19

resulted in a seizure and forfeiture that is subject to the Department of Treasury's jurisdiction.

20

6.

GPD participates in joint law enforcement law actions with federal agencies that

21

fall under the Department of Treasury's Treasury Forfeiture Fund program. These law

22

enforcement actions sometimes result in the seizure of assets - cash or property with a monetary

23

value. As a partner agency under the equitable share program, the GPD submits a claim for an

24

equitable share of the seized asserts based on GPD's level of participation in lhe action that

25

resulted in the seizure. The Department of Treasury makes a determination concerning GPD's

26

equitable share claim and provides the GPD with notice of the distributed amount.

27
28

7.

For FYl 9 GPD has also submitted equitable share claims for seizures which have

occurred but for which no payment has yet been received.

1

2

3

8.

The funds received by the GPD from the TFF are used for law enforcement

purposes consistent with its equitable sharing agreement with the Depa11ment of Treasury.

9.

If the GPD does not receive its equitable shares to pending claims, or if the

4

Department of Treasury eliminates, reduces, or delays its payments of equitable share claims,

5

GPD will be forced to draw from other law enforcement resources to pay for the facilities and

6

equipment utilized by these law enforcement task forces, diverting funds from the GPD's other

7

law enforcement priorities.

8

9
10
11

12

13
14

15
16
17

18
19

20
21

22
23
24
25

26
27

28

I declare under penalty of perjury under the laws of the United States that the foregoing is
tlue and correct.
Executed on April 1, 2019, at Georgetown, Delaware

EXHIBIT

1

XAVIER BECERRA

2

ROBERT W. BYRNE
SALLY MAGNANI
Ml.CHA ELL. NEWMAN

Attorney General of California

3

Senior Assistant Attorneys General
4

5

MI.CHAELP.CAYABAN
CHR1STJNE CHUANG
EDWARD H. OCHOA

6

BEATHER C. LESLIE

7

JANELLE M. SMITH
JAMES F. ZAHRADKA Il
LEE I. SHERMAN (SBN272271)

Supervising Deputy Attorneys General

8

9

IO
11

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys for Plaintif!State of California

12

IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA

14
OAKLAND DIVISION

15

16
17

18
19
20

21
22

23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICIDGAN;
STATE OF MINNESOTA; STATE OF
NEV ADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN~

26
27
28

Plaintiffs,

v.

4:19-cv-00872-HSG

DECLARATION OF KURT KELEMEN

IN SUPPORT OF PLAINTIFFS'
MOTION FOR A PRELIMINARY
INJUNCTION

1
2

3
4

5
6

7
8
9
10
11
12

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMEIUCA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RJCHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;

13
14

15
16
17
18
19

20
21

22
23
24
25

26
27
28

Defendants.

I, Kurt Kelemen, declare as follows:
2
3
4
5
6

1.

I have personal knowledge of the facts set forth in this declaration. If called as a

witness, I could and would testify competently to the matters set forth below.
2.

I am currently employed as the Controller for the Delaware State Police ("DSP). I

have served in my current position for the past 4 years.
3.

In my current position, I perform several duties relating to the participation as an

7

equitable share partner in the Treasury Forfeitme Fund ("TFF") administered by the U.S.

8

Department of Treasury. The DSP is a participant in the TFF's equitable share program pursuant

9

to 31 U.S.C. § 9705 and the terms of an equitable share agreement with the Department of

10

Treasury.

11

4.

I am familiar with the records maintained by the DSP relating to its participation

12

in the TFF equitable share program. These records include claims submitted by DSP to the

13

Department of Treasury following law enforcement actions that resulted in a seizure; notices of

14

forfeiture that DSP receives from the Department of Treasury; records reflecting the payment of

15

equitable shares to the DSP hy the Department of Treasury; and, records relating to DSP's use of

16

equitable shares toward law enforcement purposes.

17

5.

Under the TFF equitable share program, the Department of Treasury may

18

distribute funds derived from forfeited assets to a state or locals law enforcement agency if that

19

agency is a participant the program and the agency participated in a law enforcement actions that

20

resulted in a seizure and forfeiture that is subject to the Department of Treasury's jurisdiction.

21

6.

DSP participates in joint law enforcement law actions with federal agencies that

22

fall under the Department of Treasury's Treasury Forfeiture Fund program. These law

23

enforcement actions sometimes result in the seizure of assets - cash or property with a monetary

24

value. As a partner agency under the equitable share program, the DSP submits a claim for an

25

equitable share of the seized asserts based on DSP's level of participation in the action that

26

resulted in the seizure. The Department of Treasury makes a determination concerning DSP's

27

equitable share claim and provides the DSP with notice of the distributed amount.

28

1
2

3
4

5

7.

Over the past three years the DSP has received the following funds from TFF:

FY16 $11,124; FYl 7 $0; FYl 8 $46,600.
8.

The funds received by the DSP from the TFF are used for law enforcement

purposes consistent with its equitable sharing agreement with the Department of Treasury.

9.

If the DSP does not receive its equitable shares to pending claims, or if the

6

Department of Treasury eliminates, reduces, or delays its payments of equitable share claims,

7

DSP will be forced to draw from other law enforcement resources to pay for the facilities and

8

equipment utilized by these law enforcement task forces, diverting funds from the DSP's other

9

law enforcement priorities.

10
11
12

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on _ A..,_p_'f'.·,.;....:...._ _ __,, 2019, at Dover, Delaware.
\

13
14

15
16
17

18
19

20
21

22
23
24

25

26
27

28

Kurt Kelemen

EXHIBIT

1

XAVIER BECERRA

2

ROBERTW. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN

Attorney General of California

3

Senior Assistant Attorneys General

4
5

MICHAEL P. CAY ABAN
CHRISTINE CHUANG
EDWARDH. OCHOA

Supervising Deputy Attorneys General
6

7
8

9
10
11

HEATHER C. LESLIE
JANELLE M. SMITH
JAMESF. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]

Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintif!State of California

12

IN THE UNITED STATES DISTRICT COURT
13

FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION

15

16
17
18
19

20
21

22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICIDGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

26
27
28

Plaintiffs,

v.

4:19-cv-00872-HSG

DECLARATION OF MARK WOHNER
IN SUPPORT OF PLAINTIFFS'
MOTION FOR A PRELIMINARY
INJUNCTION

1

2
3
4

5

6
7

8
9

10
11
12
13
14

15
16

17
18
19

20
21

22
23

24
25

26
27

28

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCIDN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;

Defendants.

I, Mark Wohner, declare as follows:
2
3
4
5
6

1.

I have personal knowledge of the facts set fo11h in this declaration. If called as a

witness, I could and would testify competently to the matters set forth below.
2.

I am Chief of Police for the Newport Police Department ("NPD"), in the State of

Delaware.
3.

In my current position, I perform several duties relating to the participation as an

7

equitable share partner in the Treasury Forfeiture Fund ("TFF") administered by the U.S.

8

Department of Treasury. The NPD is a participant in the TFF's equitable share program pursuant

9

to 31 U.S.C. § 9705 and the terms of an equitable share agreement with the Department of

10

Treasury.

11

4.

I am familiar with the records maintained by the NPD relating to its participation

12

in the TFF equitable share program. These records include claims submitted by NPD to the

13

Department of Treasury following law enforcement actions that resulted in a seizure; notices of

14

forfeiture that NPD receives from the Department of Treasury; records reflecting the payment of

15

equitable shares to the NPD by the Department of Treasury; and, records relating to NPD' s use of

16

equitable shares toward law enforcement purposes.

17

5.

Under the TFF equitable share program, the Department of Treasury may

18

distribute funds derived from forfeited assets to a state or locals law enforcement agency if that

l9

agency is a participant the program and the agency participated in a law enforcement actions that

20

resulted in a seizure and forfeiture that is subject to the Department of Treasury's jurisdiction.

21

6.

NPD pru1icipates in joint law enforcement law actions with federal agencies that

22

fail under the Department of Treasury's Treasury Forfeitme Fund program. These law

23

enforcement actions sometimes result in the seizure of assets - cash or property with a monetary

24

value. As a prutner agency under the equitable share program, the NPD submits a claim for an

25

equitable share of the seized asserts based on NPD's level of pruticipation in the action that

26

resulted in the seizure. The Department of Treasury makes a determination concerning NPD's

27

equitable shru·e claim and provides the NPD with notice of the distributed amount.

28

1
2
3

7.

The NPD received funds from TFF in FY 2017 and 2018. Currently we are

awaiting our percentage of equitable share funds as a result of a claim made in 2018 arising out of
a drug seizure case.

4

5
6
7

8.

Toe funds received by the NPD from the TFF are used for law enforcement

purposes consistent with its equitable sharing agreemem with th! Department of Treasury.
9.

If the NPD does not receive its equitab'e sharef to pending claims, or if the

8

Department of Treasury eliminates, reduces, or delays its payments of equitable share claims,

9

NPD will be forced to draw from other law enforcement resources to pay for the facilities and

to

equipment utilized by these law enforcement task forces, diverting funds from the NPD's other

11

law enforcement priorities.

12

13
14

I declare under penalty of perjury tmder the laws of the United States that the foregoing is

true and correct.
Executed on April .L 2019, at Newport, Delaware.

15
16
17

18
19
20
21
22
23

24
25

26

27
28

k Wohner

EXHIBIT

1

XAVIER BECERRA

Attorney General of California
2
3

ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN

Senior Assistant Attorneys General
4
5

MICHAEL P. CAY ABAN
CHRISTINE CHUANG
EDWARD H. OCHOA

Supervising Deputy Attorneys General

6
7
8
9
10
ll

HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State ofCalifornia

12
IN THE UNITED STATES DISTRICT COURT

13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18
19
20
21
22

23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

26
27
28

4: l 9-cv-00872-HSG

DECLARATION OF NOLAN ESPINDA,
DIRECTOR OF THE STATE OF
HAWAl'I DEPARTMENT OF PUBLIC
SAFETY, IN SUPPORT OF
PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs,
~

DONALD J. TRUMP, in his official capacity
Declaration of Nolan Espinda (4:19-cv-00872-HSG)

1
2

3
4

5

6
7
8

9
10
11
12

13

as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Actil).g Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRST JEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

14
15

16
17

18
19

20
21
22

23
24

25

26

27
28
Declaration of Nolan Espinda (4: 19-cv-00872-HSG)

1

I, Nolan Espinda, declare as follows:

2

1.

3
4

I have personal knowledge of the facts set forth in this declaration. If called as a

witness, I could and would testify competently to the matters set forth below.
2.

I am the Director of the State ofHawai'i Department of Public Safety

5

("D.epartment of Public Safety"). Prior to serving as the Director of the Department of Public

6

Safety, I was the Warden ofHalawa Correctional Facility.

7

3.

The Sheriff Division of the Department of Public Safety ("Sheriff Division") is

8

responsible for carrying out law enforcement services statewide, which includes working in

9

conjunction with other federal, state, and local law enforcement agencies to provide for the

10

health, safety, and welfare of all citizens in the State ofHawai'i. The Sheriff Division is an

11

agency of the State ofHawai'i.

12

13
14
15

4.

The Sheriff Division participates in the Treasury Forfeiture Fund and has regularly

received funds from the Treasury Forfeiture Fund through the years.
5.

From 2015 to 2018, the Sheriff Division received the following amounts through

equitable sharing from the Treasury Forfeiture Fund:

16

a.

In 2015, $27,048.55,

17

b.

In 2016, $8,850.60,

18

C.

In 2017, $97,517.24, and

19

d.

In 2018, $21,078.92.

20
21
22

6.

In the past, the Sheriff Division has received equitable shares when it has

submitted claims and the forfeiture process has been completed.
7.

In the past, the Sheriff Division has used the money received from equitable

23

sharing to increase its law enforcement capabilities. The Sheriff Division will determine how

24

equitable sharing funds can be used consistent with program requirements and conditions. Such

25

funds are generally used for a variety of purposes, primarily equipment and training-related costs.

26

8.

Based on the Sheriff Division's past participation, the Sheriff Division anticipates

27

participating in equitable sharing from the Treasury Forfeiture Fund in the immediate and

28

foreseeable future.

1
Declaration of Nolan Espinda (4: l 9-cv-00872-HSG)

1

9.

If the availability of this critical law enforcement funding is reduced, public safety

2

in Hawai'i will be harmed in that the ability of the Sheriff Division to secure equipment and

3

training that would allow it to better perform its mission will be impaired.

4
5
6

I declare under penalty of perjury under the laws of the United States that the foregoing 1s
true and correct.
Executed on April 2, 2019, at Honolulu, Hawai'i.

7

8

9
10
11

12

13
14

15
16

17

18
19

20
21

22

23
24

25

26
27
28
2
Declaration of Nolan Espinda (4:19-cv-00872-HSG)

EXHIBIT

1
2
3
4
5
6
7
8
9
10
11

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

12

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

4:19-cv-00872-HSG

DECLARATION OF MICHAEL T.
YOKLEY IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs,
v.
DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
1
Declaration of Michael T. Yokley (4:19-cv-00872-HSG)

1
2
3
4
5
6
7
8
9
10
11

M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Declaration of Michael T. Yokley (4:19-cv-00872-HSG)

I, Michael T. Yokley, declare as follows:

2
3
4

5
6

7
8

l.

I am employed as Chief Financial Officer for the Illinois State Police ("ISP"). My

office is located at 801 S. Seventh Street-Suite 700-S Springfield IL 62703.

2.

The Asset Forfeiture Section is responsible for tracking the seizure and forfeiture of

assets by ISP pursuant to the authority conferred on ISP by Illinois law. These assets include, for
example, currency and other property seized as part ofISP's efforts to combat trafficking of illegal
drugs and narcotics. The Asset Forfeiture Section manages the collection and holding of asset

9
forfeiture infonnation and funds, and provides for subsequent disposition of all drug-related assets
IO

11

12

in compliance with state and federal law, court orders, and administrative rules.

3.

As Chief Financial Officer, I am aware that ISP participates in equitable sharing

13

agreements with various federal law enforcement agencies, including the United States Department

14

of Treasury ("Treasury Department"). Through equitable sharing agreements, ISP receives a

15

portion of the assets seized and forfeited as a result of cooperative law enforcement efforts

16
involving ISP and federal law enforcement agencies. In order to be eligible to receive any such
17
18
19
20
21

22
23

assets, ISP must submit a DAG for each asset and an Equitable Sharing Agreement and
Certification ("ESAC") fonn annually to the relevant federal law enforcement agencies. The Asset
Forfeiture Section maintains the ESAC fonns submitted by ISP as part of its official records.

4.

I have reviewed the ESAC fonns submitted by ISP for the fiscal years 2011 through

2018. Based on my review of the ESAC fonns submitted by ISP, I am aware that, during this time
period, ISP received $516,624.42 in federal equitable sharing funds from the Treasury Department.

24
5.

I am also aware that ISP is eligible to receive additional federal equitable sharing

25
26

funds from the Treasury Department for the current fiscal year. Specifically, ISP has participated

27

in initiating cases with cooperating federal law enforcement agencies resulting seizures in excess

28

of $1,000,000. Based on ISP's participation in initiating these cases, ISP is eligible to receive a I
3
Declaration of Michael T. Yokley (4: 19-cv-00872-HSG)

portion of the seized assets from the Treasury Department pursuant to the equitable sharing
2

3

agreement between ISP and the Treasury Department.

6.

If the Treasury Department diverts the seized assets resulting from the cases in

4

which ISP participated to another purpose, ISP would not receive its share of these assets. ISP uses

5
6
7

8

the equitable sharing funds it receives from the Treasury Department to purchase needed equipment
for enforcement of laws within the State of Illinois.
I declare under penalty of perjury that the foregoing is true and correct.

9

10
11
12
Executed on March 29, 2019, at Springfield, Illinois.
13

14
15
16

17
18
19
20
21
22

23
24

25

26
27

28
4
Declaration of Michael T. Yokley (4: 19-cv-00872-HSG)

EXHIBIT 2

1
2
3
4
5
6
7

8

9
10

11

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMESF.ZAHRADKAII
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintif!State ofCalifornia

12
IN THE UNITED STATES DISTRICT COURT
13

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14

OAKLAND DIVISION

15
16
17
18
19
20
21
22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

26
27
28

4:19-cv-00872-HSG

DECLARATION OF JOSEPH MAGATS
IN SUPPORT OF PLAINTIFFS'
MOTION

Plaintiffs,
v.
DONALD J. TRUMP, in his official capacity
Declaration of Joseph Magats ( 4: 19-cv-00872-HSG)

1
2

3
4

5
6
7

8
9

10
11

12
13

as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

14
15

16
17

18

19

20
21
22
23

24
25

26
27

28
Declaration of Joseph Magats (4: 19-cv-00872-HSG)

1

I, Joseph Magats, declare that the following is true and correct:

2

1.

I am employed as the First Assistant State's Attorney in the Cook County State's

3

Attorney's Office (the "Office"). My office is located at 69 W. Washington, Suite 3200,

4

Chicago, Illinois 60602.

5

2.

The Office is a law enforcement agency headquartered in Chicago, Illinois, with

6

over a dozen locations throughout Cook County, Illinois. The Office prosecutes all misdemeanor

7

and felony crimes committed in Cook County. The Office employs more than 1,100 people,

8

including over 700 attorneys and 75 sworn investigators. The Office is the second largest

9

prosecutor's office in the United States.

10

3.

As part of my work for the Office, I am aware that the Office participates in

11

equitable sharing agreements with various federal law enforcement agencies, including the United

12

States Department of the Treasury ("Treasury Department"). Through equitable sharing

13

agreements, the Office receives a portion of the funds seized and forfeited as a result of

14

cooperative law enforcement efforts involving the Office and federal law enforcement agencies.

15

Pursuant to federal equitable sharing procedures, the Office must submit an Equitable Sharing

16

Agreement and Certification ("ESAC") form to the relevant federal law enforcement agencies.

17

The Office maintains the ESAC forms submitted by the Office as part of its official records.

18

4.

I have reviewed the ESAC forms submitted by the Office for the fiscal years 2010

19

through 2018. A true and correct copy of these ESAC forms is attached hereto as Exhibit A.

20

Based on my review of these ESAC forms, I am aware that the Office received the following

21

amounts in federal equitable sharing funds from the Treasury Department's Treasury Forfeiture

22

Fund (TFF) in the 2010 through 2018 fiscal years:

23
24

Year

TFF Funds Received

25

2010

$ 208,922.00

26

2011

43,944.00

27

2012

472,173.56

28

2013

295,635.09
1

Declaration of Joseph Magats (4:19-cv-00872-HSG)

1

2014

233,037.52

2

2015

303,651.83

3

2016

83,816.29

4

2017

168,959.03

5

2018

122,273.85

6

2010-2018 total

$1,932,413.17

7

8

5.

The Office has historically expended the funds received from the TFF for the

9

Office's Investigations Bureau. The Investigations Bureau provides other local law enforcement

10

agencies in Cook County with investigative assistance, expertise, and technical resources. It also

11

handles investigations of specialized crimes such as official misconduct, violations of public

12

integrity, election fraud, and complex financial crimes, among other duties. The Office has used

13

TFF funds for training, vehicles, law enforcement equipment, and law enforcement operations

14

and investigations within the Investigations Bureau.

15

6.

I am also aware that the Office is eligible to receive additional federal equitable

16

sharing funds from the TFF for the current fiscal year. The Office has TFF claims pending based

17

on its participation in initiating cases with cooperating federal law enforcement agencies that

18

resulted in the seizure of assets. Based on the Office's participation in initiating these cases, the

19

Office is eligible to receive a portion of the seized assets from the TFF pursuant to the equitable

20

sharing agreement between the Office and the Treasury Department.

21

7.

The Office requires substantial resources to protect public safety. If the Office

22

does not receive TFF disbursements for the pending claims, the Office will be harmed in the

23

amount of the unpaid claims, and its ability to procure resources and equipment for the conduct of

24

law enforcement activities will be hindered.

25
26
27

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on March 28, 2019, at Chicago, Illinois.

28
2
Declaration of Joseph Magats (4:19-cv-00872-HSG)

1

2
3
4

5

6
7

8

9
10
11
12

13
14

15
16
17
18

19
20
21

22
23

24
25

26
27

28
3
Declaration of Joseph Magats (4: l 9-cv-00 872-HS G)

EXHIBIT A

.111qu11ao1e ~nar1ng

Agreement and
Certification
Police Department

Sheriff's Office
Natlonal Guard Counterdrug Unit

Task Force
Other

e Prosecutor's Office

Version:1.9

Agency Name: Cook County State's Attorney's Office
NCIC: IL016013A
Street Address:69 W. Washington, Suite 3200
Clty:Chicago
State: IL . Zip: 60602
l.i'inance Contact: First:Raymond
Last: Balcarcel
Phone:[phone]
Email:[e-mail]
Preparer:
Flrst:Gerald
·Last:Lakomiak
Phone:[phone]
Email:[e-mail]
lndependant Public Accountant: Email:
FY End Date: 11/30/2010
New Participant

Agency Current FY Budget:

$101,175,133.00

e Existing Participant
. Annual Certification Report

Amended Form

Summary of Equit~ble Sharing Activity
Justice Funds Treasury Funds
. Beginning Equitable Sharing Fund Balance
$245,214.0q I
$870, 145.0q
:. Federal Sharing Funds Received
$517,761.0@ I
$208,922.0g
,, Federal Sharing Funds Received from Other Law Enforcement Agencies & TI! ·
$0.0@ I
$0.0~
k Other Income
$0.0g
$0.09
i. Interest Income Accrued
$0.0Q
$0.0q
Non-Interest Bearing Account
i. Total Equitable Sharing Funds (total lines 1-5)
i . $762,975.00l i $1,079,067.00\
'. Federal Sharing Funds Spent (total lines a-n below)
I $161.os3.0011 $311.s6s.o~
!. Ending Balance (subtract lines 7 from 6)
1
$s9s,922.o@ I
s101,199.og

I
I

Summary of Shared Monies Spent

Total spent on salaries
,. Total spent on overtime
:. Total sp~nt on informants, "buy money" and rewards
i. Total spent on travel and training
,. Total spent on communications and computers
f. Total spent on weapons and protective gear
~. Total spent on electronic surveillance
h.. Total spent on building and improvements
l. Total transfers to other state and local law enforcement agencies (Table C)
i. Total spent on other law enforcement expenses (Table D)
k. Total Expenditures in Support of Community-based Programs (Table E)
I. Total Windfall Transfers to Other Governmrnt Agencies (Table F)
m. Total spent on matching grants (Table G)
o. Did your agency receive non-cash assets? (Table H) Yes eNo

Treasury Funds
$0.0
$165,690.0Q]
$0.0(
$0.00!
$0.0
$0.0~
$6,183.00
$0.001
$46,299.0
so.001
$0.og
$0.00
$78,913.0
$0.0g
$107,119.0
$0.0Q]
$0.00
$0.00l
$139,354.0
s1,363.001
$0.0Q]
. $0.0
$0.og

Justice Funds

I

1.

n.

I
I

Total

I
I
[

I

I
I
I
I

$0.og
$167,053.og

$377,868.0

rame A: Members of Task Force
fable B: Equitable Sharing.Funds Received from Other Agencies
~gencyName
Table C: Equitable Sharing Funds Transferred to Other Agencies
Table D: Other Law Enforcement Expenses
Description of Expense
Legal Notices
Audit Charge
Bank Charges
Drug & Educational Awareness Programs
Automotive

· Justice

$1,363.00

Table E: Expenditures in Support of Community-based Programs
Table F: Windfall Transfers
Table G: Matching Grants
Table H: Other Non-Cash Assets Received
Asset Description
Table I: Civil Rights Cases
During the past fiscal year, has the Agency been part of any proceedings
alleging discrimination by the Agency?
Yes • No
Agency Head
Name: Anita Alvarez
Title: Cook County State's Attorney
Date: 11/30/2011
Email:
Subscribe to Equitable Sharing Wire:

Governing Body Head
Name: Toni Preckwinkle
Title: President, Cook County Board
Date:
Email:

Treasury
$42,102.00
. $3,500.00
$2,109.00
$538.00
$91,105.00

Equitable Sharing
Agreement and
Certification
Police Department

Sherifrs Office

Task Force

l
i

I
<

e Prosecutor's Office

National Guard Counterdrug Unit
Other
Agency Name: Cook County State's Attorney's Office
StreetAddress:69 W. Washington, Suite 3200
City:Chicago
l<'inance Contact: First:Raymond
Last:Balcarcel
Phone:[phone]

Preparer:

Flrst:Oerald

Version2.0

I
I

NCIC: IL016013A
State: IL Zip:60602

Email:raymond [e-mail]

Last: Lakomiak

Phone:[phone]
Email:[e-mail]
lndependant Public Accountant: Email:

FY End Date: 11/30/2011
New Participant

Agency Current FY Budget:

$88,271,065.00
Amended Form

e Existing Participant
Annual Certification Report

Summary of Equitable Sharing Activity
Justice Funds Treasury Funds
. Beginning Equitable Sharing Fund Balance
$595,922.00\ I
$701,199.0tj
:. Federal Sharing Funds Received
$81,8S6.00j !
$43,944.oq
,, Federal Sharing Funds Received from Other Law Enforcement Agencies & TI!
$0.00!
$0.0~
L Other Income
$0.0g
$0.00\
i. Interest.Income Accrued
!
$0.0tj I
$0.0tj
Non-Interest Bearing Account
;, Total Equitable Sharing Funds (total lines 1-5)
I $611,ns.og I $745,143.o~
7• Federal Sharing Funds Spent (total lines a-n below)
I s110,434.oo) I $494,193.o~
L Ending Balance (subtract lines 7 from 6)
$so1 ,344.00\
$2so,9so.001

I

I

II.

o. Did your agency receive non-cash assets? (Table H) Yes eNo

Total

I

Justice Funds

Summary of Shared Monies Spent
1. Total spent on salaries
,. Total spent on overtime
~. Total spent on informants, "buy money" and rewards
i. Total spent on travel and training
:,. Total spent on communications and computers
f. Total spent on weapons and protective gear
~. Total spent on electronic surveillance
n. Total spent on building and improvements
i. Total transfers to other state and local law enforcement agencies (Table C)
i, Total spent on other law enforcement expenses (Table D)
k. Total Expenditures in Support of Community-based Programs (Table E)
l. Total Windfall Transfers to Other Governmrnt Agencies (Table F)
m. Tota{ spent on matching grants (Table G)

I
I

Treasury Funds

I
I
I

$170,210.0~
$0.og
$0.0g
$0.0~
$0.og
$0.00\
$0.001
$0.00\

l

$0.og

1

$224.0~

I

I

I

I
I

so.og

$0.0~
$0.0~
$170,434.0Q\

$0.0
$0.0
$0.00
$8,576.0C
$127,691.00
$0.00
$124,136.00
$106,827.0
$0.0
$126,963.0

$0.0
$494,193.00

,;

;

fable A: Members of Task Force
fable B: Equitable Sharing Funds Received from Other Agencies
\.gency Name
Table C: Equitable Sharing Funds Transferred to Other Agencies
Table D: Other Law Enforcement Expenses
Description of Expense
Automotive
Legal Notices
Drug & Educational Awareness Programs
Bank Service Charges

Justice
$0.00
$0.00
$0.00

$224.00

Table E: Expenditures In Support of Community-based Programs

T·able F: Windfall Transfers
Table G: Matching Grants

Table Ii: Other Non-Cash Assets Received
· Asset Description
Table I: Civil Rights Cases

· During the past fiscal year, has the Agency been part of any proceedings
Yes • No
alleging discrimination by the Agency?
Agency Head

Name: Anita Alvarez
Title: Cook County State.'s Attorney
Date: 01/20/2012
Email:
Subscribe to Equitable Sharing Wire:

Governing Body Head

Name: Toni Preckwinkle
Title: President, Cook County Board
Date: 03/16/2012
Email:

Treasury
$80,471.00
$44,207.00
$558.00
$1,727.00

Equitable Sharing
Agreement and
Certification

e

Police Department
Sheriff's Office
Task Force
Prosecutor's Office
Version2. l
Other
National Guard Counterdrug Unit
Agency Name: Cook County State's Attorney's Office
NCIC: 11016013A
Street Address: 69 W. Washington, Suite 3200
City: Chicago
State: IL Zip: 60602
Finance Contact: First:Raymond
Last:Balcarcel
Phone:312-603~ 1861
Emall:[e-mail]
Preparer:
First:Raymond
Last: Balcarcel
Phone:[phone]

Email:[e-mail]

Independant Public Accountant: Email:[e-mail]
FY End Date: ll/30/2012
Agency Current FY Budget:
$90,678,192.00
Amended Form
New Participant
e Existing Participant

Annual Certification Report
Summary of Equitable Sharing Activity
Justice Funds Treasury Funds
. Beginning Equitable Sharing Fund Balance
j
$507,343.94j I
$250,949.6§
:. Federal Sharing Funds Received
j $1,322,216.0~ I
$472,173.S~
,. Federal Sharing Funds Received from Other Law Enforcement Ag~ncies & Tlj
$0.0@ I
$0.09
LOther Income
I
$0.og I
$0.og
i. Interest Income Accrued
$0.og I
$0.0g
Non-Interest Bearing Account
,. Total Equitable Sharing Funds (total lines 1-5)
I $1,s29,s6o.o3I I $123,123.2~
'. Federal Sharing Funds Spent {total lines a-n below)
I $15S,749.40\ I $332,015.03\
I. Ending Balance {subtract lines 7 from 6)
1 $1,613,s10.63I I
$391,1os.191

e!

Justice Funds Treasury Funds
1. Total spent on salaries
$0.0
I $110,849.49
J, Total spent on overtime
so.og
$0.0
I
:. Total spent on infonnants, "buy money'' and rewards
$0.0
$0.00)
I·
i. Total spent on travel and training
$6,902.98
$0.001
I
~. Total spent on communications and computers
$59,200.81
$0.09
I
f. Total spent on weapons and protective gear
$41,824.55
so.001
J. Total spent on electronic surveillance
$5,173.9
$0.001
b.. Total spent on building and improvements
$0.og
$126,342.9~
l. Total transfers to other state and local law enforcement ag~ncies (Table C)
$0.0
$0.0g
j. Total spent on other law enforcement expenses (Table D)
$92.569.76
$44,900.0Ql
le. Total Expenditures in Support of Community-based Programs (Table E)
$0.og
1
l. Total Windfall Transfers to Other Govenunmt Agenci~s (Table F)
$0.0
so.001
l
tn. Total spent on matching grants (Table G)
$0.0~
I
$332,015.031
Total!
__;$_15_5..:.....,7_49_.4__.~I
!l.
o. Did your agency receive non-cash assets? (Table H) Yes eNo
Summary of Shared Monies Spent

L-_

rable A: Members of Task Force
fable B: Equitable Sharing Funds Received from Other Agencies
'-gencyName
·Table C: Equitable Sharing Funds Transferred to Other Agencies
Table D: Other Law Enforcement Expenses
Descrintion of Expense
Legal Notices
Auditing
Automotive
Subscriptions
Supplies
Translation Services
Records Fees

Justice
$9,000.00
$35,900.00

Treasury
$21,112.00
$8,000.00
$54,777.84
$3,552.00
$4,194.89
$642.10
$290.93

Table E: Expenditures in Support of Community-based Programs
Table F: Windfall Transfers
Table G: Matching Grants
Table H: Other Non-Cash Assets Received
Asset Description
Table I: Civil Rights Cases
During the past fiscal year, has the Agency been part of any proceedings
alleging discrimination by the Agency?
Yes • No

Agency Head
Name: Anita Alvarez
Title: Cook County State's Attorney
Date:
Email: [e-mail]
Subscribe to Equitable Sharing Wire:

Governing Body Head
Name: Toni Preckwinkle
Title: _President. Cook_ County Board
Date:
Email: [e-mail]
y

Equitable Sharing
Agreement and
Certification
Police Department

Sheriff's Office

Task Force
Other

National Guard Counterdrug Unit

e Prosecutor's Office

Version2.1

Agency Name: Cook County State's Attorney's Office
NCIC: IL016013A
Street Address:69 W. Washington, Suite 3200
Clty:Chicago
State: IL Zlp:60602
lfinance Contact: First:Raymond
Last:Balcarcel
Phone:[phone]
Email:[e-mail]
Preparer:
First:Raymond
Last:Balcarcel
Phone:[phone]
Email:[e-mail]
lndependant Public Accountant: EmaiI:[e-mail]

FY End Date: 11/30/2013
New Participant

Agency Current FY Budget:

$93,229,590.00

e Existing Participant

Amended Form

Annual Certification Report
Summary of Equitable Sharing Activity

Justice Funds

Treasury Funds

I

. Beginning Equitable Sharing Fund Balance
$1,673,810.6~
$391,108.19!
:. Federal Sharing Funds Received
$681,117.3111
$295,635.0~
,. Federal Sharing Funds Received from Other Law Enforcement Agencies & TII
$0.0tj
$0.0tj
~. Other Income
·
$0.og ====;;$0=.o=::.=:q
i. Interest Income Accrued
e]::======:! ~_ _ _$_0_.o~g
$0.0tj!
Non-Interest Bearing Account
;, Total Equitable Sharing Funds (total lines 1-5)
$686,743.28!
$2,354,921.9~
7• Federal Sharing Funds Spent (total lines a-n below)
$453,195.1~
s24s,614.s~ 1
L Ending Balance (subtract lines 7 from 6)
$233,548.1~
$2,106,3 t3.01r I

I

I

.=l

I

Summary of Shared Monies Spent
1. Total spent on salaries
,. Total spent on overtime
;, Total spent on informants, 11buy money" and rewards
i. Total spent on travel and training
~. Total spent on communications and computers
f. Total spent on weapons and protective gear
~- Total spent on electronic surveillance
h. Total spent on building and improvements
i. Total transfers to other state and local law enforcement agencies (Table C)
i. Total spent on other law enforcement expenses (Table D)
k.:. ·Total Expenditures in Support of Community~based Programs (Table E)
l. Total Windfall Transfers to Other Govermnrnt Agencies (Table F)
m. Total spent on matching grants (Table G)

Total

[l.

o. Did your agency receive non-cash assets? (Table H)

Yes eNo

Justice Funds

I
I
l
I
I
I
I
l
f

I

Treasury Funds
$0.0
$0.0Q]
$0.00
$0.0g
$8,792.0
$0.00!
$O.og
$11,086.71
" 207,450.75
$
$97,855.551
$5,887.73
$416.111
$0.0
$92,045.0~
$82,629.78
$52,962.951
$0.0
$0.0~
$137,348.0
$5,335.2~

$0.0QJ
$0.00\
$0.00J
$248,614.8]

$0.0
$453,195.14

rable A: Members of Task Force
fable B: Equitable Sharing Funds Received from Other Agencies
\..gency Name
Table C: Equitable Sharing Funds Transferred to Other Agencies
Table D: Other Law Enforcement Expenses
Description Exoense

of

Justice

Treasury

$3,360.00
$1,975.26

Legal Notices
Auditing
Automotive
Supplies
Translation Services

$3,500.00
$121,426.51
$2,014.56
$267.52

Table E: Expenditures in Support of Community~based Programs
Table F: Windfall Transfers
Table G: Matching Grants

Table H: Other Non-Cash Assets Received
Asset Description
Table I: Civil Rights Cases

During the past fiscal year, bas the Agency been part of any proceedings
alleging discrimination by the Agency?
Yes • No
Agency Bead

Nrune: Anita Alvarez
Title: Cook County State's Attorney
Date: 01/24/2014
Email: [e-mail]

Governing Body Bead

Nam~: Toni Preckwinkle
Title: President, Cook County Board
Date: 01/27/2014
Email: [e-mail]

y
Subscribe to Equitable Sharing Wire:

0MB Number 1123-0011

Expires: November 30, 2021

Equitable Sharing Agreement and Certification

NCIC/ORlfTracklng Number: IL016013A
Agency Name: Cook County State's Attorney's Office
Malling Address: 69 W. Washington, Suite 3200

Type: Prosecutor's Pffice

Chicago, IL 60602
Agency Finance Contact
Name:
Phone:

Email:

Jurisdiction Finance Contact
Name: Balcarcel, Raymond

Phone:[phone]

Email: [e-mail]

ESAC Preparer
·Name: Balcarcel, Raymond
Phone: [phone]~1

Email: [e-mail]

FY End Date: 11/30/2014

Agency FY 2015 Budget: $99,983,108.00
Amended

Annual Certification Report·

4
5
6
7
8

Agencies and Task Force
Other Income
Interest Income
Total Equitable Sharing Funds Received (tota1ofllnes1-s)
Equitable Sharing Funds Spent (!Olli of lines a - n >
Ending Equitable Sharing Funds Balance

Treasury Funds
$233,548.14

$0.00

$0.00
$1,373.91
$0.00

$2,384,973.39

1 Beginlng Equitable Sharing Fund Balance
2 Equitable Sharing Funds Received
3 Equitable Sharing Funds Received from Other Law Enforcement

1
Justice Funds
$2,106,313.07
$278,660.32

$0.00
$0.00

Summary of Equitable Sharing Activity

$467,959.57

2

$233,037.52

$391,305.94

ltdlffllrence between Une 7 and Unt 51 ·

$0.00

$1,993,667.45

$467,959.57

1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, OSS, and FDA
2Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and usss.

Summary of Shared Funds Spent

Treasury Funds

Justice Funds

26,451.78
b Training and Education
c Law Enforcement, Public Safet , and Detention Facilities

$26,726.35
$63,342.84

$274,784.97
$0.00
$0.00
·$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

f Contracts for Services
Law Enforcement Travel and Per Diem
h Law Enforcement Awards and Memorials
I Drug, Gang, and Other Education or Awareness Programs
j Matching Grants
k Transfers to Other Participating Law Enforcement Agencies
I Support of Community-Based Programs
m Non-Categorized Expenditures
n Salaries

$0.00

Total
Date Printed: 03/21/2019

$0.00
$391,305.94

0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$0.00
Page 1 of 5

Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Other Income
Other Income Type

Other

$1,373.91

Matching Grants
Matching Grant Name

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name

Support of Community-Based Programs
Recipient

Justice Funds

Non-Categorized Expenditures
Description

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Salaries

1Salary Type

Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person Is not required to respond to a collection of Information unless It displays a
valid 0MB control number. We try to create accurate and easily understood forms that Impose the least possible burden on
you to complete. The estimated average time to complete this form Is 30 minutes. If you have comments regarding the
accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money
Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005.

Privacy Act Notice
The Department of Justice ls collectlng this Information for the purpose of reviewing your equitable sharing expenditures.
Providing this information is voluntary; however, the Information is necessary for your agency to maintain Program compliance.
Information collected Is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This Information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when there is a vlolatlon or potential violation of law, or In
accordance with other published routine uses. For a complete 11st of routine uses, see the System of Records Notice as
amended by subsequent publications.

Single Audit Information
Independent Auditor
Name:

Company:
Phone:

Date Printed: 03/21/2019

Email:

Page 2 of 5

0MB Number 1123-0011
Expires: November 30, 2021

Equitable Sharing Agreement and Certification

NCIC/ORI/Tracklng Number: IL016013A

Type: Prosecutor's Office

Agency Name: Cook County State's Attorney's Office

Malling Address: 69 W. Washington, Suite 3200
Chicago, IL 60602
Agency Finance Contact

Name:
Phone:

Email:

Jurisdiction Finance Contact
Name: Balcarcel, Raymond

Phone:[phone]

Email:[e-mail]

ESAC Preparer
Name: Balcarcel, Raymond

Phone:[phone]

Emall: [e-mail]

FY End Date: 11/30/2015

Agency FY 2016 Budget: $103,747,610.00

Annual Certification Report
Summary of Equitable Sharing Activity

Justice Funds

1 Begining Equitable Sharing Fund Balan.ce

6
7
8

2

Treasury Funds

Agencies and Task Force
Other Income
Interest Income
Total Equitable Sharing Funds Received (to1a1 ornnas 1-5)
Equitable Sharing Funds Spent (total of lines a. n )
Ending Equitable Sharing Funds Balance
ltdlfference between line 7 and line 6)

$0.00

$467,959.57
$303,651.83
$0.00

$0.00
$0.00
$2,372,747.77
$332,409.56
$2,040,338.21

2 Equitable Sharing Funds Received
3 Equitable Sharing Funds Received from Other Law Enforcement

4
5

.

1

$1,993,667.45
$379,080.32

$6,112.85
$0.00
$777,724.25
$0.00
$777,724.25

1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA
20epartment of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS,

Justice Funds

Summary of Shared Funds Spent

Treasury Funds

$145,769.70
$42,394.43
$0.00

e Joint Law Enforcement/Public Safet Equipment and O eratlons
f Contracts for Services
Law Enforcement Travel and Per Diem
h Law Enforcement Awards and Memorials
i Drug, Gang, and Other Education or Awareness Programs
j Matching Grants
k Transfers to Other Participating Law Enforcem~nt Agencies
I Support of Community-Based Programs
m Non-Categorized Expenditures

$0.00
$0.00

$0.00
$0.00
$0.00
0.00
$0.00
$0.00
$0.00

$0.00

$0.00
$0.00
$0.00
$0.00

n Salaries
Total
Date Printed: d3/21/2019

$140,245.43
$0.00
$4,000.00
0.00
$0.00

0.00

$0.00
$0.00

· $0.00
$0.00

$332.409.56

$0.00
Page 1 of 5

Equitable Sharing Funds Received From Other Agencies
Justice Funds

Treasury Funds

Justice Funds

Transferring Agency Name

lreasury Funds

Other Income
Other Income Type

Other

$6,112.85

Matching Grants
Matching Grant Name

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Transfers to Other Participating Law Enforcement Agencies

Receiving Agency Name

Support of Community-Based Programs

I.
.

R_e-cl-p-le_n_t------------------'----J-us_t_lc_e_F_u_n_ds_- - - .

Non-Categorized Expenditures

Justice Funds

Treasury Funds

Justice Funds

Description

Treasury Funds

Salaries
Salary Type

Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person ls not required to respond to a collection of information unless It displays a
valid 0MB control number. We try to create accurate and easily understood forms that Impose the least posslble burden on
you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the
accuracy of thls estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money
Laundering Section at 1400 New York Avenue, N.W•• Washington, DC 20005.

Privacy Act Notice
The Department of Jus1ice is collecting this Information for the purpose of reviewing your equitable sharing expenditures.
Providing this Information is voluntary; however, the information Is necessary for your agency to maintain Program compllance.
Information collected Is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This Information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when there Is a violation or potential violation of law, or in
accordance with other published routine uses. For a complete 11st of routine uses, see the System of Records Notice as
amended by subsequent publications.

Single Audit Information
Independent Auditor
Name:
Company:
Phone:

Date Printed: 03/21/2019

Email: .

Page2of5

uMts Numoer 112;:s-001 1

Expires: November 30, 2021

Equitable Sharing Agreement and Certification

NCIC/ORI/Tracklng Number: IL016013A
Agency Name: Cook County State's Attorney•s Office
Malllng Address: 69 W. Washington, Suite 3200
-Chicago, IL 60602
Agency Finance Contact
Name:
Phone:.

Type: Prosecutor's Office

Emall:

Jurisdiction Finance Contact
Name: Coleman, Branski

Phone:[phone]

· Email: [e-mail]

ESAC Preparer
Name: Coleman, Brenskl

Phone:[phone]

Email: [e-mail]

FY End Date: 11/30/2016

Agency FY 2017 Budget: $123,195,674.00

Annual Certification Report
.

1
2
3

4
5
6
7
8

Summary of Equitable Sharing Activity
Begining Equitable Sharing Fund Balance
Equitable Sharing Funds Received
Equitable Sharing Funds Received from Other Law Enforcement
Agencies and Task Force
Other Income
Interest Income
Total Equitable Sharing Funds Received (tots! of lines 1-5)
Equitable Sharing Funds Spent (total ofllnes a - n)
Ending Equitable Sharing Funds Balance
i(dlfference between line 7 and line 6\

1
Justice Funds
$2,040,338.21

Treasury Funds
$777,724.25

$223,483.30

$83,816.29

$0.00

$0.00

$5,241.52
$0.00
$2,269,063.03

$0.00
$0.00

$438,302.37
$1,830,760.66

2

$861,540.54
$42,497.82
$819,042.72

1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA
2Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, ceP and USSS.

Summary of Shared Funds Spent
a Law Enforcement operations ana lnvest1gat1ons

b Training and Education
C Law Enforcement, Public Safetv, and Detention Facilities
d Law Enforcement Equipment
e Joint Law Enforcement/Public Safety Eauioment and Operations
f Contracts for Services ·
a Law Enforcement Travel and Per Diem
h Law Enforcement Awards and Memorials
I Drug, Gang, and Other Education or Awareness Programs
J Matching Grants
k Transfers to Other Participating Law Enforcement Agencies
I Support of Community-Based Programs
m Non-Categorized Expenditures
n Salaries
Total
Date Printed: 03/21/2019

Treasury Funds

Justice Funds
$152,468.82

$0.00

$55,057.32

$4,000.00
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$0.00
$0.00

$0.00
$0.00

$11,031.88

$117,747.01
$0.00

$0.00~
$0.00

0,00

$97,997.34
$438,302,37

$42,497.82
$42,497.82
Page 1 of5

Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Other Income
Other Income Type

Other

$5,241.52

Matching Grants
Justice Funds

Treasury Funds

Justice Funds

Matching Grant Name

Treasury Funds

Transfers to O~her Participating Law Enforcement Agencies
Receiving Agency Name

Support of Community-Based Programs
Recipient

~"': ., . -I
-,
.,
'

.

Justice Funds

... ~

,

'"

',··-.,

-

,J _

-T'

'

Non-Categorized Expenditures
Description

,

'

'

',

I

',,

r ,,

Justice Funds

'

Treasury Funds

Justice Funds

i.'1

_____j

•,':,~"'

[

Treasury Funds

Salaries
Salary Type

$97,997.34

Salary- Federal Task Force Replacement Officer

$42,497.82

Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of Information unless It displays a
valid 0MB control number. We try to create accurate and easily understood forms that Impose the least possible burden on
you to complete. The estimated average time to complete this form Is 30 minutes. If you have comments regarding the
accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money
Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005.

Privacy Act Notice
The Department of Justice Is collecting this information for the purpose of reviewing your equitable sharing expenditures.
Providing this information Is voluntary; however, the Information Is necessary for your agency to maintain Program compliance.
Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when thi:,re is a violation or potential violation of law, or in
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.

Single Audit Information
lndep,ndent Auditor
Name:
Company:
Phone:

Date Printed: 03/2112019

Email:

Page 2 of 5

0MB Number 1123-0011
Expires: November 30, 2021

Equitable Sharing Agreement and Certification

NCIC/ORI/Tracklng Number: IL016013A
. Agency Name: Cook County State's Attorney's Office
Malling Address: 69 W. Washington, Suite 3200
Chicago, IL 80602

Type: Prosecutor's Office

Agency Finance Contact
Name:

Phone:

Emall:

Jurlsdletlon Finance Contact
Name: Coleman, Branski

Phone:[phone]

Emali: [e-mail]

ESAC Preparer
Name: Coleman, Brenskl

Phone:[phone]
FY End Date: 11/30/2017

Email:[e-mail]
Agency FY 2018 Budget: $122,385,682.00

Annual Certification Report
.

1
2

3
4
5
6

7
8

Summary of Equitable Sharing Activity
Begining Equitable Sharing Fund Balance
Equitable Sharing Funds Received
Equitable Sharing Funds Received from Other Law Enforcement
Agencies and Task Force
Other Income
Interest Income
Total Equitable Sharing Funds Received {totalofline& 1-6)
Equitable Sharing Funds Spent (total ofllnes a. n)
Ending Equitable Sharing Funds Balance
/difference between line 7 and nne 6)

1

2

Justice Funds
$1,830,760.66
$176,919.44
$0.00

Treasury Funds
$819,042.72
$168,959.03
$0.00

$139,428.34
$0.00
$2,147,108.44
$278,249.20
$1,868,859.24

$42,497.82
$0.00
$1,030,499.57
$0.00
$1,030,499.57

1Department of Justice As!let Forfeiture Program partlclpants are: FBI, 01:A, ATF, USPIS, USDA, DCIS, DSS, and FDA
2Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS.

Summary of ~hared Funds Spent
a Law Enforcement operations ano 1nvestigat1ons
b Training and Education
C Law Enforcement, Public Safety, and Detention Facllltles
d Law Enforcement Equipment
e Joint Law Enforcement/Public Safety Equlpmf:lnt and Ooeratlons
f Contracts for Services
a Law Enforcement Travel and Per Diem
h Law Enforcement Awards and Memorials
I Drug, Gang, and Other Education or Awareness Programs
j Matching Grants
k Transfers to Other Participating Law Enforcement Agencies
I Support of Community-Based Programs
m Non-Categorized Expenditures
n Salaries
Total
Date Printed: 03/21/2019

Justice Funds

Treasury Funds

$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$0.00

$0.00

$137,691.01
$36,822.21

$0.00
$98,735.98
$0.00
$5,000.00

$0.00

$0.00~

$0.00
$0.00
$278,249.20

0,00
$0.00
$0.00
Page 1 of5

Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Other Income

Other Income Type

Other

$139,428.34

$42,497.82

Matching Grants
Matching Grant Name

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name

Support of Communlty~Based Programs

Justice Funds

Recipient

=

. ... -

r. . .. .

. ·. /i .~. F

~

I

.,

Non-Categorized Expenditures

,

'

l

•

,)

•11,

,,!

Justice Funds

,.,'
,

Treasury Funds

Justice Funds

Description

·-·1
,• . t,,,.

Treasury Funds

Salaries
Salary Type

Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person Is not required to respond to a collection of Jnformatlon unless It displays a
valld 0MB control number. We try to create accurate and easily understood forms that impose the least possible burden on
you to complete. The estimated average time to complete this form Is 30 minutes. If you have qomments regarding the
accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money
Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005.

Prlva.cy Act Notice
The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.
Providing this information is voluntary; however, the Information is necessary for your agency to maintain Program compliance.
Information collected Is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006),
JMD~022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or In
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.

· Single Audit Information
Independent Auditor

Name:
Company:
Phone:

Date Prlnted:03/21/2019

Email:

Page 2of 5

0MB Number 1123-0011
Expires: November 30, 2021

",(~

Equitable Sharing Agreement and Certification

NCIC/ORI/Tracklng Number: IL016013A
Agency Name: Cook County State's Attorney's Office
Mailing Address: 69 W. Washington, Suite 3200
Chicago, IL 60602
Agency Finance Contact
Name: Coleman, Brenskl
Phone: 312""603-1861

Type: Prosecutor's Office

Emall: [e-mail]

Jurisdiction Finance Contact
Name: Coleman, Brenskl .

Phone:[phone]

Emall:[e-mail]

ESAC Preparer
Name: Coleman, Branski
Phone:[phone]

Emall: [e-mail]

FY End Date: 11130/2018

Agency FY 2019 Budget: $126,811,403.00

Annual Certification Report
Summary of Equitable Sharing Activity ·

1 Beglnlng Equitable Sharing Fund Balance
2 Equitable Sharing Funds Received
3 Equitable Shc1rlng Funds Received from Other Law Enforcement
Agencies and Task Force
4 Other Income
5 Interest Income
6 Total Equitable Sharing Funds Received (totalofllnea1-s)
7 Equitable Sharing Funds Spent (total of lines a. n )
a Ending Equitable Sharing Funds Balance
l!dlfferenoe between llne 7 and Bne 6)

· 2

Justlc~ Funds 1

:i;1 ,868,859.24
$322,739.88
$0.00
$2,774.84
$0.00
$2,194,373.96
$152,026.19
$2,042,347.77

Treasury Funds
$1,030,499.57
$122,273.85

$0.00
$0.00
$0.00
$1,152,773.42
$121,633.29
$1,031,140:13

10epartment of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA
2Department Qf the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS.

Summary of Shared Funds Spent
a I Law Enforcement Operations and Investigations

b Training and Education
C Law Enforcement, Public Safety, and Detention Facllltles
d Law Enforcement EQuipment
e Joint Law Enforcement/Public Safety Equipment and Operations
f Contracts for Services
. a Law Enforcement Travel and Per Diem
h Law Enforcement Awards and Memorials
I Drug, Gang, and Other Education or Awareness Programs
j Matching Grants
k Transfers to Other Partlclpating Law Enforcement Agencies
I Support of Community-Based Programs
m Non-Categorized Expenditures
n Salaries
Total
Date Printed: 03/21/2019

Justice Funds
$33,283.20
$41,656.57
$0.00
$77,086.42
$0.00

Treasury Funds
$34,658.62
$13,151.74
$0.00
$73,822.93
$0,00
$0.00

$0.00

!t0.00

$0.00
$0.00

$0.00

$0.00

$0.00
$0.00

$0.00
$0.00

$0.00

$0.00~

$0.00
$0.00
$152,026.19

0.00
$0.00
$121,633.29

Page 1 of 5

Equltable Sharing Funds Received From Other Agencies
Transferring Agency Name

Justice Funds

Treasury Funds

J ustlce Funds

Treasury Funds .

Other Income
Other Income Type

$2,774.84

Reimbursements
Matching Grants

Matching Grant Name

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name

Support of Community-Based Programs
Recipient

Justice Funds

[
~
I'
I

---·

'

=i

-~~

..

·-·

:_'.

r'

,

~·_-,

1

..
' ,•

' •'

Non-Categorized Expenditures
·oescrlption

Justice Funds

Treasury Funds

Justice Funds

Treasury Funds

Salaries
Salary Type

Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person Is not required to respond to a collection of information unl. ss It displays a
e
valid 0MB control number. We try to create accurate and easily understood forms that impose the least possible burden on
you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the
accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money
Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005.

Privacy Act Notice
The Department of Justlce is col[ectlng this Information for the purpose of reviewing your equitable sharing expenditures.
Providing this Information Is voluntary; however, the Information Is necessary for your agency to maintain Program compliance.
Information collected Is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170·(May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when there Is a violation or potential violation of law, or In
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.

Single Audit Information
Independent Auditor
Name: LESTER H. MCKEEVER , JR.
Company: Washington, Pittman & McKeever, LLC
Phone: [phone]
Email: [e-mail]

Date Printed: 03/2112019

Page2of5

EXHIBIT

Attorneys for Plaintiff State of California

•

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224

Colonel's Office
Rece ived

SEP 2 5 2018
Criminal Investigation

Dan Scott
Maine Warden Service
284 State Street
State House Station #41
Augusta, Maine 04330

September 7, 2018

Inland 1'1
sheries & Wlldllft
AlJgusta , ME

Person to Contact:
Special Agent Ryan Talbot
Asset Forfeiture Coordinator
Telephone Number:
617-557-2283
Refer Reply to:
FRENCH, Malcolm

Re: Seizure of Real Property (Total Asset Value: $274,600.00, N~t arngunt_available for
sharing: $Z38,956.42)

Dear Mr. Scott:
This letter responds to your sharing request filed with the Internal Revenue Service
(IRS) seeking equitable distribution of the above-described property pursuant to Section
309 of Public Law 98-4733 (the Comprehensive Crime Control Act of 1984), as
implemented by the Secretary of the Treasury's Guidelines on Seized and Forfeited
Property (April 2004) .
In your request for equitable sharing , you asked for 30% of the net proceeds resulting
from the above seizure. The AFTRAK number relating to this seizure is 04120124-01,
04120125-01 & 04120126-01.
DECISION
Your agency's sharing request for net proceeds has been granted in the amount of
3.0%. This percentage was based on your agency's overall participation in and
contribution to the inv_estigation. ltyou have any questions ceg~rding the
_
percentage approved, please contact the Asset Forfeiture Coordinator at the
telephone number listed above.
The asset has been forfeited and the final order of forfeiture will be forwarded ~ith
the approved sharing decision forms to the Treasury Executive Office for Asset ·
Forfeiture (TEOAF) for final approval and processing of payments. If after ninety
days payment has not been received, please feel free to contact the Asset
Forfeiture Coordinator listed above.

EXHIBIT 1

If your request has been granted in whole or in part, please note the following
information:
No property can be shared unless your agency has submitted a Federal Equitable
Sharing Agreement to TEOAF.
All assets placed into official use must be used for a law enforcement purpose for at
least one year.
All state and local law enforcement agencies must implement standard accounting
procedures and internal controls (e.g., tracking share requests and receipts,
depositing shares into a separate revenue account or accounting code, restrictively
endorsing checks upon receipt) to track equitably shared monies and tangible
property. See the ~epartment of T!easury Guide to Equitable Sharing for delails:_
Any property transferred to your agency must be utilized as a budget enhancement
and not as a budget offset.
On occasion, circumstances arise which may require the return of forfeited property
or proceeds after it has been equitably shared. If those circumstances occur, you
may be requested to return the property or proceeds shared with you, or to have an
equitable amount deducted from a future equitable share.
If you have any questions regarding this letter or the status of the related forfeiture
action, please contact the person named above.
Sincerely,

~41"7" e,

~i..,,.,

n~

Ronald Whitsett
Director, Warrants and Forfeiture

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iil ijp );i di Iii 1;111jjiin;; ;ii i ij1 i' fl •i Iii i,i1

EXHIBIT

1

XAVIER BECERRA

2

Attorney General of California
ROBERT W. BYRNE

3

SALLY MAGNANI
MICHAEL L. NEWMAN

4

Senior Assistant Attorneys General
MICHAEL P. CAY ABAN

5

CHRISTINE CHUANG
EDWARD H. OCHOA

Supervising Deputy Attorneys General

6
7
8
9
10
11

HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys/or Plaintif!State o/California

12
IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18
19
20
21
22

23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HA WAIi;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICIDGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF JOHN WILHELM
IN SUPPORT OF PLAINTIFFS'
MOTION FOR PRELIMINARY
INJUNCTION

Plaintiffs,

26
27

4: l 9-cv-00872-HSG

v.

28
Declaration of John Wilhelm (4: 19-cv-00872-HSG)

1

2

3
4
5
6

7

8
9
10

11
12

13
14

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCIDN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND

SECURITY;KIRSTJENM.NIELSEN,in
her official capacity as Secretary of Homeland
Security;
Defendants.

15
16
17
18

19
20

21

22
23
24
25

26
27

28
Declaration of John Wilhelm (4: l 9-cv-00872-HSG)

I, John Wilhelm, declare as follows:
2

1.

I am Deputy Director oftbe Office of Strategic Planning at the Maryland

3

Department of State Police (I\IDSP), a position I have held for the past five years. Prior to this

4

role, I served as a sworn officer with the MDSP for 27 years, retiring as a Lieutenant in the

5

Computer Crimes Section. The Office of Strategic Planning develops and manages the MDSP's

6

operating and capital budgets and administers the MDSP's fiscal operations. I make this

7

declaration based on my personal knowledge and my review of internal records. If called as a

8

witness, I could and would testify competently to the matters set forth below.

9

2.

The MDSP is a full-service law enforcement agency comprised of over 1,400

10

uniformed officers that is responsible for statewide traffic enforcement, criminal investigations,

11

tactical operations, and drug enforcement.

12

3.

The MDSP is a participant in the Treasury Forfeiture Fund's equitable sharing

13

program and has been awarded equitable shares since the early 1990s for its contributions to law

14

enforcement operations that resulted in forfeitures. In my current role, I am responsible for

15

preparing and submitting an annual Equitable Sharing Agreement and Certification form to

16

maintain compliance as a participant in the program. That certification lists the total amount of

17

equitable funds received during the fiscal year and summarizes how the funds were spent.

18
19
20

4.

The MDSP received a total of$20,468.16 in equitable shares in 2016, $115,073.70

in 2017, $429 264. 76 in 2018, and has received $6,901.08 to date in 2019.
5.

Currently, the MDSP has 54 requests pending with the Treasury Forfeiture Fund

21

for equitable shares relating to seized assets worth $8,390,879. The MDSP expects to submit

22

requests for equitable shares in future fiscal years as well.

23

6.

In accordance with Department of Treasury policy, the MDSP uses equitable

24

shadng funds for a broad range of law enforcement purposes. In recent years, Treasury equitable

25

sharing funds have been used for critical law enforcement expenses such as vehicle procurement,

26

in-car cameras, duty firearms, recruitment, homicide investigation training, polygraph training,

27

dive training, communications training, and SWAT training. Should the MDSP receive equitable

28

sharing funds for its pending requests as it has in the past the MDSP would use those funds

I
Declaration of John Wilhelm (4: l 9-cv-00872-HSG)

1
2
3
4

similarly, to strengthen the MDSP's law enforcement capabilities.
I declare under penalty of pe1jury under the laws of the United States that the foregoing is
true and correct.
Executed on April 1, 2019, at Pikesville, Maryland.

5
6

7

John Wilhelm
Deputy Director
Office of Strategic Planning
Maryland State Police

8

9
10

11
12
13

14
15
16
17

18
19
20
21
22

23
24

25

26

27
28
2
Declaration of John Wilhelm (4: l 9-cv-00872-HSG)

EXHIBIT 5

XA !ER B ECERRA
Attorney General of Califomi
2

3

R OB ERTW. B YR E
ALLY MAG
NI
MICHAEL L. NEWMAN

Senior As istant Attorneys General
4

5

M ICHA L P. C YABAN
CHRI TIN CH UA G
EDWARD H. 0 HOA

Supervi ing Dep uty Attorneys General
6

7
8
9
10
11

HEATH ER C. L ESLI E
JA ELLE M. S 1TH
JAM E
. Z A HRADK II
LEE I. H · RMAN(SB 272271)

Deputy Attorn y Gen ral
300 S. Spring St. , Suite 1702
Los Angeles CA 90013
Telephone : [phone]
Fax: [phone]
E-mail: ee.Shennan @ doj.ca.gov

A1
torneys for Plaintiff State of Cal(fornia

12

IN THE UNITED STATES DISTRICT OURT

13

FOR TH

14

ORTHERN DT
STRIC OF CALI ORNIA
OAK.LA D DIVISIO

15

]6
17
18
19

4: I 9-cv-00872-HSG

STA TE OF CALIFORNIA; STATE OF
COLORADO; ST ATE OF
CONNECTICUT; ST ATE OF
DELAWARE; ST ATE OF HAW All·
ST ATE OF ILLINOIS; ST ATE OF

DECLARA ION OF MICHELLE
SMALL IN SUPPORT OF PLAINTIFFS'
MOTION FOR PRELIMINARY
INJUNCTION

MAJNE· STATE OF MARYLAND:

20
21
22
23
24
25

COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GE ERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
ST ATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JER EY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEAL TH OF
VIRGINIA; and STATE OF WISCON IN ;
Plaintiffs,

26
27

v.

28
1
Declaration of M iche lle Small (4 : [9-cv-00872-HSG)

2
3

4
5
6

7
8
9

10

DONALD J. TRUMP, in his official capacity
as President of the United tate of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity a ecretary of
the Army; RICHARD V. SPENCER. in hi
official capacity as Secretary of the avy;
HEATHER WILSON. in her official capacit
as Secretary of th Air Force: U.S.
DEPARTMENT OF THE TREASURY;
TEVEN T. MNUCIDN, in hi official
capacity as ecretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID B RNHARDT, in his official capacity
as Acting Secretary of the Interior U.S.

11

DEPARTMENT OF HOMELAND

12

SECURITY; KIRST JEN M. NIEL EN, in
her official capacity as Secretary of Homeland
Security;

13
Defendants.

14
15
16

17

I, Michelle Small, hereby declare as follows:

I.

I. Miche1l Small. am the Chief Administrative Officer for the Massachusetts tate

Police ("MSP .. ), which is the tatewide police agency for the

ommonwealth of Massachusell .

18

19
20

21

2.

I have personal knowledge of the facts set fo11h in this declaration. If called as a

witness. I could and would testity competent! to the maners set fonh belov.-·.

3.

MSP 's mi sion is to protect residents of and visitors to Massachusetts. In fulfilling

22

this mission MSP routinely partn rs with local , state. and federal law enforcement agencies on

23

investigations. op rations, and training to mak Massachusetts a safer place for all.

24

4.

MSP regularly conducts joint law enforcement activitie with federal law

25
enforcement agencies that participate in the Treasury Forfeiture Fund ("TFF"). A a result. MSP

26
has r cei ed funding from th T F for joint law nforcement activities with relevant federal
27

28

ag nc1es.
2
Declaration of Michelle Small (4: I9-cv-00872-HSG)

5.

2
3

The foll \\Wg ar tJ1 am unt r cei cd

car from th TFF:FY _016: 35. 90:F
d

l '):

I

M Pin ea h f th prn10u. f ur Ii cal

2017: 4 1,822:FY2018: 35.28 :andFY2019(l.

1 .9 0.

4
6.

To dat . M P has r ·c ·i ed equitabl

hares from lhc TFF upon subrnitting a claim

5
6

and tbe compl tion of f rfeiture.

7.

7

8

11

amount r ceived

' MSP

rr

r

at.:h forl'eiture dcp nd on the valu

forfeited as et after i tim payment , anorncy · fee . nd otb r ·u. 1 are paid.

9

10

The preci

P ha recei ed arying am unts fr m th TF in relati< n t indi idual

8.

of th - individual forfeitures an be a. high as tens ore

f rl' itures.

n hundr d of

th u ands of d llar .

12
of Mar h 19, 20 I , M P h d twenty-two p nding claims

9.

r r forfeit ·d assets.

13
1-i

10.

15

of March 19, 2 19. M P ha<l len pending laim for eized assets that had

17

1101

\' n eizure of currcnc whi h l taled 56 7.045.

et b n forf il d. Th

16

f\

izures of real prop rt •. and one! scizm·e or motor vchi · le.
11.

19

_o

f forfeit cl asset c rresp nding ,,vith th e laim i • 1.9 .87 .

The total alu

t

In the past. MSP has used th funds received fr m the TF • for equipment. intern

·hnolog} pur has s. in-~ervi

12.

Jf

training.. and pro

. ional devel pm nL

1 P w r to re ei c funding from it

ut tan<ling TFF claim , it, uld use th

21

22

m n , to pr vid

ion I de, I pment pp rtuniti . Th fund:

al o, uld b u ed t pur hase imernet cechn log equipment lhat i crn ial to offic rand publi ·
_4

25
26
27

tet). Exam pk- · of int ·rnel techn log_ pur ha

ar n 'l\\Ork quipment. b

king c 1uipml.!nt.

and special operation equipment.

The con ti nu d a ailability f funds thr ugh the T · r, i 1Il1p rtant to th pursuit f

Ma . achuseu · law nf rcement bjecti e~

nu acti

iii ..

l
2

3

14.

MSP is committed to ensuring that funds from the TFF are used in an effective

manner that furthers law enforcement objectives and activities to enhance public safety in
Massachusett .

4
5
6
7

I declare under penalty of pe1jury under the laws of the United States that the foregoing is
true and correct.
Executed on April 3, 2019, at Boston, Massachusetts

8

9
10
11
12

13
14

15
16

17

18
19

20
21
22

23
24

25

26
27

28
4
Declaration of Michelle mall (4: l 9-cv-00872-H ' G)

EXHIBIT

1
2

3
4
5

6

7
8

9
10

11

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys for Plaintiff State of California

12
IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION

15
16

26

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON
BEHALF OF THE PEOPLE OF
MICHIGAN; STATE OF
MINNESOTA; STATE OF NEVADA;
STATE OF NEW JERSEY; STATE OF
NEW MEXICO; STATE OF NEW
YORK; STATE OF OREGON; STATE
OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF
WISCONSIN;

27

Plaintiffs,

17

18
19

20
21

22
23
24

25

4: 19-cv-008 72-HSG

DECLARATION OF AMANDA
BAKER IN SUPPORT OF
PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION

28
Declaration qf Amanda Baker (4:19-cv-00872-HSG)

1

2
3
4

5
6
7

8
9

10

11

12
13
14
15

16

v.

DONALD J. TRUMP, in his official
capacity as President of the United States
of America; UNITED STATES OF
AMERICA; U.S. DEPARTMENT OF
DEFENSE; PATRICK M. SHANAHAN,
in his official capacity as Acting Secretary
of Defense; MARKT. ESPER, in his
official capacity as Secretary of the Army;
RICHARD V. SPENCER, in his official
capacity as Secretary of the Navy;
HEATHER WILSON, in her official
capacity as Secretary of the Air Force;
U.S. DEPARTMENT OF THE
TREASURY; STEVEN T. MNUCHIN,
in his official capacity as Secretary of the
Treasury; U.S. DEPARTMENT OF THE
INTERIOR; DAVID BERNHARDT, in
his official capacity as Acting Secretary of
the Interior; U.S. DEPARTMENT OF
HOMELAND SECURITY; KIRSTJEN
M. NIELSEN, in her official capacity as
Secretary of Homeland Security;
Defendants.

17
18
19

20
21

22
23
24

25

26
27

28
Declaration of Amanda Baker (4: 19-cv-00872-HSG)

1

I, Amanda Baker, declare as follows:

2

1.

I have personal knowledge of the facts set forth in this declaration. If

3

called as a witness, I could and would testify competently to the matters set forth

4

below.

5

2.

I am currently employed as the Director of Budget and Financial

6

Services for the Michigan State Police. I have been employed by the Michigan State

7

of Police for the past two years and two months. I have served in my current

8

position for the past two years, and two months.

9

3.

As the Director of Budget and Financial Services for the Michigan State

10

Police (MSP), I perform several duties relating to the MSP's participation as an

11

equitable share partner in the Treasury Forfeiture Fund (TFF) administered by the

12

U.S. Department of Treasury. The MSP is a participant in the TFF's equitable

13

share program pursuant to 31 U.S.C. § 9705 and the terms of an equitable share

14

agreement with the Department of Treasury.

15

4.

I am familiar with the records maintained by the MSP relating to its

16

participation in the TFF equitable share program. These rec01·ds include: claims

17

submitted by the MSP to the Department of Treasury following law enforcement

18

actions that resulted in a seizure; notices of forfeiture that MSP receives from the

19

Department of Treasury; records reflecting the payment of equitable shares to the

20

MSP by the Department of Treasury; and records 1·elating to MSP's use of equitable

21

shares for law enforcement purposes.

22

5.

Under the TFF equitable share program, the Department of Treasury

23

may distribute funds derived from forfeited assets to a state or local law enfo1·cement

24

agency if that agency is a participant in the program, and the agency participated in

25

a law enforcement action that resulted in a seizure and forfeiture that is subject to

26

the Department of Treasury's jurisdiction.

27

28
1
Declaration of Amanda Baker (4: 19-cv-00872-HSG)

1

6.

The MSP and its troopers frequently participate in joint law

2

enforcement law actions with federal agencies that fall under the Department of

3

Treasury's Treasury Forfeitm·e Fund pl'Ogram, such as investigations of the Internal

4

Revenue Service and the Department of Homeland Security's Homeland Security.

5

These law enforcement actions sometimes result in the seizure of assets - cash or

6

property with a monetary value. As a partner agency under the equitable share

7

program, the MSP submits a claim for an equitable share of the seized assets based

8

on its level of participation in the action that resulted in the seizure. This initial

9

claim is submitted within forty-five days of the law enforcement action resulting in a

10

seizure. The Department of Treasury maintains possession of the seized assets and

11

provides MSP with notice of a judicial declaration of forfeiture. After receiving such

12

notice, MSP certifies that it is entitled to a share of the seized assets under state

13

law. The Department of Treasury then makes a determination concerning MSP's

14

equitable share claim and provides MSP with notice of the distributed amount.

15

7.

Since 2011, the MSP has submitted a total 151 claims for

16

reimbursement. Each claim identified the date of the seizure, the fede1·al agency

17

involved in the seizure, the amount of cash or value of the asset seized, and the

18

percentage of the total value of the seizure claimed by the MSP based on the level of

19

MSP's involvement in the law enforcement action. Each equitable share claim that

20

is filed is based on law enforcement actions that have already occu1Ted and which

21

involved the expenditure of state resources and relied on the contributions of state

22

law enforcement personnel.

23

8.

Since 2011, the Department of T1·easury has not advised MSP of any

24

equitable share claim submitted by MSP that has been rejected by the Department

25

of Treasury, nor that any seizure subject to an equitable share claim by MSP did not

26

result in a forfeiture.

27
28
2
Declaration of Amanda Baker (4:19-cv-00872-HSG)

9.

1

Of the 151 claims submitted by MSP since 2011, the Department of

2

Treasury has paid at least a portion of the equitable share sought by MSP for the

3

claims submitted.

4

10.

Since 2011, the MSP has received the following allotments from the

5

Department of Treasury related to its forfeiture activities, averaging $196,703 each

6

year:

7

2011- $196,693

8

2012 - $156,741

9

2013 - $348,809

10

2014 - $322,969

11

20t5 - $482,078

12

2016 - $ 34,494

13

2017 - $

14

2018 - $ 22,413

15

11.

9,424

In my position as the Director of Budget and Financial Services for the

16

MSP, I am responsible for ensuring that the funds the MSP receives from the TFF

17

are used for legitimate law enforcement purposes consistent with its equitable

18

sharing agreement with the Department of Treasury. Since 2011, the MSP has

19

applied the equitable shares that it has received toward the payment for training,

20

equipment, and for overtime for staff fo1· vital services.

21

22

12.

If the MSP does not receive equitable shares in 2019 as it has in the

23

past, or if the Department of Treasury reduces or delays its payments of equitable

24

share claims, the MSP will be forced either to draw from other law enforcement

25

resources to pay for the training and equipment used by the MSP, diverting funds

26

from the MSP's other law enforcement priorities, or otherwise forgo entirely the

27

planned training or equipment purchases.

28
3
Declaration of Amanda Baker (4: l 9-cv-00872-HSG)

1

2
3

I declare under penalty of perjury under the laws of the United States that
the foregoing is true and correct.
Executed on March 29, 2019, at Dimondale, Michigan.

4
5

[Name]

6
7

8
9

10
11

12
13
14
15

16
17

18
19
20
21

22
23

24

25
26
27

28
4
Declaration of Amanda Baker ( 4: 19-cv-00872-HSG)

EXHIBIT

1
2

XA V!ER BECERRA
Attorney General of California
ROBERT W. BYRNE

3

MICHAEL L. NEWMA

SALLYMAG ANI

Senior Assistant Attorneys General

4

5

MICHAEL P. CAY ABAN
CHRISTINE CHUANG
EDWARD H. OCHOA

Supervising Deputy Attorneys General

6
7

8
9

10

HEATHER C. LESLIE
JA ELLE M. SMITH
JAMES F. ZAHRADKA IT
LEE I. SHERMAN (SBN 272271)

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]

Fax: [phone]
E-mail: Lee.Sherman@doj .ca.gov

11

Attorneys for Plaintif!State of California

12
IN THE UNITED STATES DISTRICT COURT

13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16

17

18
19
20

21
22
23
24

25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; ST ATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICIDGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

26

27

4: 19-cv-00872-HSG

DECLARATION OF JEFF WERSAL IN
SUPPORT OF PLAINTIFFS' MOTION
FOR A PRELIMINARY INJUNCTION

Plaintiffs,

v.

Declaration of Jeff Wersal (4: 19-cv-00872-HSG)

l

2
3
4

5

6
7

8
9

10
ll

L
13

a Pre ident of the nired tare of Ameri a;
U JTED TATES OF AMERICA; ..

DEPARTM

T OF DEFEN E; PATRICK

M. HAN
, in hi officfal apacity a
Acting e r tary ofD fense· MARKT.
E PER in hi official capacity a Secretary of
th Arm · RICHARD V. SPE
ER, in his
official cap cit as e retary of th
a y:
HEATHER WILSON, in her of.fi ial capacity
Secretary of the Air Force; U . .
DEPARTME T OF THE TREA URY·

T VE
. MNUCffi in hi fficial
capacity a ecretary of the Trea ury· U. .
DEP ARTME T OF THE INTERIOR;
D VID BERNHARDT in bi official capacity
a A ting ecretary of the Interj or· U.S.

DEPARTMENT OF HOMELAND
EC RJTY· KIR TJE M. IELSE . i_n
her official apacity a
cretary of Homeland
curity;
Defendants.

14

15
16

17
18

19

20
_]

22
23
24

25
26
27
28
De laration of Jeff Wersal (4: 19-c -00872-H G)

1

I, Jeff Wersal, declare as follows:

2

1.

I am Commander of the Minnesota River Valley Drug Task Force ("MRVDTF")

3

and a Lieutenant with the Blue Earth County Sheriffs Office. I have personal knowledge of the

4

facts set forth in this declaration. If called as a witness, I could and would testify competently to

5

the matters set forth below.

6

2.

The MRVDTF is a specialized investigative unit dedicated to com batting drug

7

trafficking. The MRVDTF is a multi-jurisdictional collaborative law enforcement effort between

8

Blue Earth County Sheriffs Office and nine other law enforcement agencies in southern

9

Minnesota. The Blue Earth County Sheriff's Office is the fiduciary agency for the MRVDTF.
The MRVDTF has a pending claim submitted on June 9, 2015 for payment from

10
11

the Treasury Forfeiture Fund. An investigation by the MRVDTF resulted in the IRS Criminal

12

Investigation Division seizing six vehicles with a total value of approximately $66,000. The

13

pending claim is for these vehicles.

14

4.

The federal seizing agency for this claim is the IRS Criminal Investigation

15

Division. The MRVDTF incurred extraordinary expenses in the course of this investigation and

16

contributed more than 1,000 hours to the investigation that forms the basis of this claim.

17
18
19

5.

The MRVDTF intend to use the payment from the above-mentioned claim to pay

for training and police equipment.
6.

Denial reduction, or further delay of the funds will prevent the MRVDTF from

20

paying for the additional training and police equipment, and will thus negatively affect the

21

MRVDTF's ability to protect and serve the residents of its jurisdiction.

22
23

24

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on

Ap r: l .t

,2019, at

M.o."-~Io

25

26
27

JEFF

28
1
Declaration of Jeff Wersal (4:19-cv-00872-HSG)

, Minnesota.

EXHIBIT 8

1
2
3

4
5
6
7
8
9
10
11

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAY ABAN
CHR!STJNE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of Cal(fornia

12
IN THE UNITED STATES DISTRICT COURT

13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14

OAKLAND DIVISION
15
16
17

18
19
20
21
22
23

24
25

DECLARATION OF ROLAND D.
SWANSON, II IN SUPPORT OF
PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs,

26
27

4: 19-cv-00872-HSG

STATE OF CALIFORNIA; STATE OF
COLORADO; ST ATE OF
CONNECTICUT; STATE OF
DELAWARE; ST ATE OF HAW All;
STA TE OF ILLINOIS; STATE OF
MAINE; ST ATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

v.

28
1
Declaration of Roland D. Swanson, II (4 : 19-cv-00872-HSG)

1
2
3
4
5
6
7

8
9
10
11

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRST JEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;

12

Defendants.

13
14

I, Roland D. Swanson, II, declare as follows:

15

1.

16
17

I have personal knowledge of the facts set forth in this declaration. If called as a

witness, I could and would testify competently to the matters set forth below.
2.

I am cmTently employed as Chief of the Investigations Division at the Office of the

18

Nevada Attorney General ("OAG"). I have been employed by the State of Nevada for the past 3.5

19

years and served in my cu1Tent position for the past 3 .5 years.

20

3.

As the Chief of the Investigations Division, I perform several duties relating to the

21

Office's participation as an equitable share partner in the Treasury Forfeiture Fund ("TFF")

22

administered by the U.S. Department of Treasury. The Office is a participant in the TFF's equitable

23

share program pursuant to 31 U.S.C. 9705 and the terms of an equitable share agreement with the

24

Department of Treasury.

25

4.

I am familiar with the records maintained by the Office relating to its participation

26

in the TFF equitable share program. These records include: claims submitted by OAG to the

27

Department of Treasury following law enforcement actions that resulted in a seizure; notices of

28

forfeiture that OAG receives from the Depaitment of Treasury; records reflecting the payment of
2
Declaration of Roland D. Swanson, II (4: I 9-cv-00872-HSG)

equitable shares to the OAG by the Department of Treasury; and, records relating to OAG's use of
2
3

equitable shares toward law enforcement purposes.

5.

Under the TFF equitable share program, the Department of Treasury may distribute

4

funds derived from forfeited assets to a state or local law enforcement agency if that agency is a

5

participant in the program and the agency participated in a law enforcement actions that resulted in

6

a seizure and forfeiture that is subject to the Department of Treasury's jurisdiction.

7

6.

The OAG Investigations Division frequently participates in joint law enforcement

8

actions with federal agencies that fall under the Department of Treasury's Treasury Forfeiture Fund

9

program, such as the Internal Revenue Service. These law enforcement actions sometimes result in

10

the seizure of assets - cash or property with a monetary value. As a partner agency under the

11

equitable share program, OAG submits a claim for an equitable share of the seized asserts based

12

on OAG's level of paiticipation in the action that resulted in the seizure. This initial claim is

13

submitted within 60 days of the law enforcement action resulting in a seizure. The Depaitment of

14

Treasury maintains possession of the seized assets and provides the OAG with notice of Request

15

for Transfer of Property Seized/Forfeited by a Treasury Agency (TD F92-22.46). After receiving

16

such notice, the OAG certifies that it is entitled to a share of the seized assets under state law. The

17

Depaitment of Treasury then makes a detennination concerning OAG's equitable share claim and

18

provides the OAG with notice of the distributed amount.

19

7.

Over the past five years, the OAG Investigations Division has submitted

20

approximately 12 claims for reimbursement. Each claim identified the date of the seizure, the

21

federal agency involved in the seizure, the amount of cash or value of the asset seized, and the

22

percentage of the total value of the seizure claimed by the OAG, based on the level of OAG's

23

involvement in the law enforcement action. Each equitable share claim is based on law enforcement

24

actions that have already occU1Ted and which involved the expenditure of state resources and relied

25

on the contributions of state law enforcement personnel.

26

8.

Within the past five years, the Department of Treasury has not advised the OAG of

27

any equitable share claim submitted by the OAG, that has been rejected by the Department of

28

Treasury, nor that any seizure subject to an equitable share claim by OAG did not result in a
3
Declaration of Roland D. Swanson, II (4 : l 9-cv-00872-HSG)

1

forfeiture .

2

3

9.

The OAG has received a total of $422,211 .94 in equitable share claims from the

Department of Treasury during the following state fiscal years (SFY):

4

a) SFY 2015:

$35,777.35

5

b) SFY 2016:

$369,469.30

6

c) SFY 2017:

$831.00

7

d) SFY2018:

$16,134.29

8

e) SFY 2019:

$0.00

10.

9

10

OAG cmTently has approximately six claims outstanding. OAG has yet to receive

payments on any of these claims.

11

11.

As the OAG' s Chief of the Investigations Division, I am responsible for ensuring

12

that the funds the OAG receives from the TFF are used for legitimate law enforcement purposes

13

consistent with its equitable sharing agreement with the Department of Treasury. For the past

14

several years, the OAG has applied the equitable shares that it has received toward the payment of

15

law enforcement and officer safety equipment, investigative tools, financial fraud training, expert

16

testimony, and operational travel related to criminal investigations and prosecutions. This funding

17

is critical to the OAG' s ability to effectively accomplish its law enforcement mission and enhance

18

public safety in the following program areas: General Financial Fraud; Elder Financial

19

Exploitation, Public Integrity Crimes; Insurance Fraud; Workers Compensation Fraud; and

20

Medicaid Fraud.

21

III

22

III

23

III

24
25
26
27
28

4
Declaration of Roland D. Swanson, II (4: l 9-cv-00872-HSG)

12.

If the OAG does not continue to receive its equitable shares of task force work

2

conducted, or if the Department of Treasury reduces or delays its payments of equitable share

3

claims, the OAG will be forced to divert funds from other critical OAG functions to pay for officer

4

safety equipment, training, investigative, and prosecutorial priorities, which are necessary to protect

5

the citizens of Nevada.

6
7
8

I declare under penalty of pe1jury under the laws of the United States that the foregoing is
true and correct.
Executed on April 1, 2019, at Las Vegas, Nevada.

9
10

~./.~---

11

Roland D. Swanson, II

12
13

14
15
16

17
18
19
20
21

22
23

24
25

26
27
28

5
Declaration of Roland D. Swanson, II (4 : l 9-cv-00872-HSG)

EXHIBIT

1
2
3
4
5
6

ELLEN ROSENBLUM
Attorney General
NICOLE DEFEVER, State Bar No.191525
Senior Assistant Attorney General
Oregon Department of Justice
100 Market Street
Portland, OR 942401
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of Oregon

7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
12
13
14
15
16
17
18
19
20

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

4:19-cv-00872-HSG

DECLARATION OF TRAVIS
HAMPTON IN SUPPORT OF
PLAINTIFFS’ MOTION FOR A
PRELIMINARY INJUNCTION

21
Plaintiffs,
22
v.
23
24
25
26
27
28

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
1
Declaration of TRAVIS HAMPTON (4:19-cv-00872-HSG)

official capacity as Secretary of the Navy;
2
3

4
5
6
7

8

HEATHER WILSON , in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN in

her official capacity as Secretary of Homeland
Security·
Defendants.

9
10

1, Travis Hampton, declare as follows:

11

I am the Superintendent for the Oregon State Police. 1 have personal knowledge of the

12

I.

13

facts set fm1h in this declaration. If called as a witness, I could and would testify competently to

14

the matters set forth below.

15

2.

L6

and expect to receive comparable monies in the future.

.17

3.

18

received $63 ,378.99 in TFF. Fiscal year 2015, the OSP received $284,338.97 in TFF.

19

4.

20

training and education, and for law enforcement equipment.

21

5.

22

cameras, SWAT body armor, in-car cameras, and mobile data terminals for emergency vehicles.

23

6.

24

the OSP requests equitable sharing pursuant to the federal equitable sharing guidelines.

25

7.

26

major crimes and disrupt drug trafficking and production, among other duties. One of those task

27

forces is the Portland Airport Organi zed Crime Task Poree.

28

8.

The Oregon State Police (OSP) have received Treasury Forfeiture Funds (TFF) in the past

For the fiscal year 2017, the OSP received $23,909.86 in TFF. Fiscal year 2016, the OSP

The OSP uses the TFF to support law enforcement operations and investigations, for

For example, the OSP used $1.8 million in 2011-2019 biennium to purchase radios body

When the OSP is the lead or partner agency in a seizure that results in a federal forfeiture,

The OSP is involved with multiple task forces around the state, which work to investigate

The Portland Airport Organized Crime Task Force has served over 30 federal search

2
Declaration of TRAVIS HAMPTON (4 : I9-cv-00872-I-ISG)

warrants and made over 29 arrests since it was created in 2017. The Federal Bureau of
2

Investigation 's "Director's Commendation' was awarded to the Portland Airport Organized

3

Crime Task Force in 2018 for its excellent work.

4

9.

5

in 85 cases involving illegal Oregon marijuana exportation to other 17 states, and seized 126

6

firearms during its operations. In 2018, the Southwest Marijuana Enforcement Team seized over

7

$1.6 million in currency from a large scale marijuana interstate diversion and money laundering

8

operation. Those seized funds were the subject of a federal forfeiture. As a result of that

9

forfeiture the Oregon State Police has requested equitable sharing of Treasury Forfeiture Funds

The OSP has a Southwest Marijuana Enforcement Team. In 2018, this team was involving

10

totaling approximately $1.1 million.

11

I 0.

12

million in currency that is allegedly illegal proceeds, and which the OSP reasonably believes will

13

be the subject of federal forfeiture. A portion of those forfeited funds are expected to be returned

14

to Oregon as TFF in 2019-2020.

15

11.

16

Interdiction Team (HIT). In 2018, the HIT team had 202 cases with seizures of guns, drugs, and

17

currency. A portion of those seized funds are expected to be federally forfeited and returned to

18

Oregon as TFF in 2019.

19

12.

20

sho1tfalls. At this time, OSP is not able to provide 24-hour patrol in any of the counties in

21

Oregon.

22

13.

23

is planning to use the next round of TFF funds to purchase protective helmets for our officers, and

24

to finish upgrading its mobile display terminals in patrol cars to Windows 10, as well as continue

25

to equip new vehicles with mobile data terminals and camera equipment.

In addition, in the past six months, the OSP has been involved in the seizure of over $2.3

The Oregon State Police also has a High Intensity Drug Trafficking Area (HIDTA)

The OSP has a limited budget, and is facing the closure of OSP offices due to budget

The OSP relies upon the TFF funds to supplement its state budget. ln particular the OSP

26
27

28
3
Dcclarntion of TRAVIS HA \IIPTON (.J.: I 9-cv-00872-HSG)

14.

2

The safety of Oregonian

and the officer which protect them, wi II be dimini sh d without

the Trea ury F'o rfeilure Funds fo r these necessary upgrades and eq uipment.

l declare under penalty of perjury that the foregoing is true and correct.

4

,..,

EXECUTED on April

___s 2019

at alem, Oregon.

5

L

6

e' ~ 1----/0

7

t RA VIS HAMPONf'

8

OREGON STATE POLICE

UPERfNTE DENT

9
10
11

12
13
14

1.5
16
17

18
19

20
21

22
23
24

25
26
27

28
4
Dec laration ofTRAV I

(4: 19- v-00872-H G)

EXHIBIT

1
2
3
4
5
6
7
8

9
10
II

XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAY ABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for PlaintiffState of California

12
IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18
19
20
21
22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELA WARE; STATE OF HA WAIi;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; ST ATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF PORTLAND
POLICE BUREAU'S ROBERT AZORR
IN SUPPORT OF PLAINTIFFS'
MOTION FOR A PRELIMINARY
INJUNCTION

Plaintiffs,

26
27

4: 19-cv-00872-HSG

v.

28
Declaration of Robert Azorr (4:19-cv-00872-HSG)

2
3
4

5

6
7
8
9

10
11
12

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury· U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;

13
Defendants.

14
15
16
17

18
19
20
21
22
23

24
25

26
27
28
Declaration of Robert Azorr (4:19-cv-00872-HSG)

1

I, Robert Azorr, declare as follows:

2

1.

I am an Investigative Accountant assigned to the Drugs & Vice Division of the

3

Portland Police Bureau (PPB) in Portland, Oregon. I have personal knowledge of the facts set

4

forth in this declaration. If called as a witness, I could and would testify competently to the

5

matters set forth below.

6

2.

In my capacity as the Police Investigative Accountant for PPB I have managed

7

both State and Federal Forfeiture Programs for 28 years. This includes the submission of all

8

federal Equitable Sharing Requests, the annual reporting and certification as required by the US

9

DOI and US Dept. of Treasury's Equitable Sharing Program.

10

3.

I was formerly employed as a financial investigator for the Oregon Department of

11

Justice where I routinely made analysis of the financial affairs of those involved in narcotic

12

trafficking and certain "white collar" crimes such as embezzlement, gambling, and fraud. In

13

addition, I was employed for three (3) years as a financial investigator for the Regional Organized

14

Crime and Narcotics Task Force (ROCN). That in this position I analyzed financial records

15

relating to drug trafficking organizations to trace the proceeds of such activity and develop a net

16

worth analysis to support civil forfeiture.

17

4.

In my capacity as a financial investigator, I attended approximately eighty (80)

18

hours of training sponsored by the FBI, dealing with the use of computer technology and other

19

specialized techniques relating to money laundering, the tracing of money, and analysis of

20

financial records relating to drug trafficking. I was an instructor for FBI sponsored seminars on

21

financial investigations relating to narcotics trafficking. I have taught the net worth method of

22

calculating proceeds from illegal activity on at least 10 occasions throughout the United States

23

from 1990 to the present.

24
25

26
27
28

5.

PPB often partners with other law enforcement agencies to address cross-

jurisdictional criminal activity. Partners include federal and local law enforcement agencies.
6.

Through my role I am aware that PPB participates as an equitable-share partner in

the Treasury Forfeiture Fund, administered by the U.S. Department of Treasury.
7.

When PPB participates in a law enforcement action that results in the seizure of

1
Declaration of Robert Azorr (4: l 9-cv-00872-HSG)

1

assets, PPB submits a claim for an equitable share of the seized assets based on its proportional

2

level of participation in the action.

3
4

8.

Treasury Forfeiture Fund:
2018
2017
2016
2015
2014
2013
2012
2011
2010
2009

5

6
7
8
9

10
11
12
13
14
15

PPB has received the following amounts through equitable sharing from the

9.

$ 406,464.07
$ 265,704.06
$ 600,318.40
$ 1,024,016.70
$ 150,612.05
95,002.28
$
$ 478,963 .15
$ 173,996.29
$ 245,471.46
36,187.20
$

In the past, PPB has always received an equitable share whenever it has submitted

a claim and the forfeiture process has been completed.
10.

PPB has submitted claims estimating $1. 8 million from January 2018 to the

present. It may take two to five years to receive funds back.
11.

PPB has used the money received from equitable sharing as conditioned by the

16

equitable sharing program's requirements. Recent examples of what PPB has used the money for

17

are training and education ($230,177), law enforcement equipment ($1,628,326) and facilities

18

($109,773).

19

I hereby declare that the above statement is true to the best of my knowledge and

20

belief, and that I understand it is made for use as evidence in court and is subject to penalty

21

for perjury.

22

Executed on April 2, 2019, at Portland, Oregon.

23
24

25
26
27
28
2
Declaration of Robert Azorr (4: 19-cv-00872-HSG)

EXHIBIT

1
2
3
4
5
6

PETER F. NERONHA
Attorney General of Rhode Island
JUSTIN J. SULLIVAN
Special Assistant Attorney General
Rhode Island Office of the Attorney General
150 South Main St.
Providence, RI 02903
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of Rhode Island

7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
12
13
14
15
16
17
18
19
20

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

4:19-cv-00872-HSG

DECLARATION OF MAJOR TIMOTHY
G. SANZI IN SUPPORT OF
PRELIMINARY INJUNCTIVE RELIEF

21
Plaintiffs,
22
v.
23
24
25
26
27
28

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARK T.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
1
Declaration of Major Timothy G. Sanzi (4:19-cv-00872-HSG)

1
2
3
4
5
6
7
8
9

official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRSTJEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

10
11

I, Major Timothy G. Sanzi, declare as follows:

12

1. I am Major Timothy G. Sanzi, Detective Commander of the Rhode Island State Police. I

13

have personal knowledge of the facts set forth in this declaration. If called as a witness, I

14

could and would testify competently to the matters set forth below.

15

2. The Rhode Island State Police is a full-service, statewide law enforcement agency whose

16

mission is to fulfill the law enforcement needs of the people with the highest degree of

17

fairness, professionalism, and integrity, and protect the inherent rights of the people of

18

Rhode Island to live in freedom and safety.

19

3. The Rhode Island State Police receive equitable sharing funds from the Treasury

20

Forfeiture Fund in connection with law enforcement activities jointly performed by and

21

between the Rhode Island State Police and federal law enforcement agencies.

22

4. The Rhode Island State Police have consistently received equitable sharing funds from the

23

Treasury Forfeiture Fund upon submitting a claim and the completion of a forfeiture.

24

5. In 2018, the Rhode Island State Police received $47,146.28 from the Treasury Forfeiture

25
26
27
28

Fund in connection with joint law enforcement actions.
6. To date, in 2019, the Rhode Island State Police have received $19,305.77 from the
Treasury Forfeiture Fund in connection with joint law enforcement actions.
7. The Rhode Island State Police use funds from the Treasury Forfeiture Fund to supplement
2
Declaration of Major Timothy G. Sanzi (4:19-cv-00872-HSG)

1

its law enforcement budget and provide to law enforcement personnel and officers

2

additional resources, equipment, vehicles, and training opportunities that not only bolster

3

agency accreditation, but support communications initiatives and community outreach.

4

8. Upon information and belief, the President and U.S. Department of Treasury are diverting

5
6

funds from the Treasury Forfeiture Fund.
9. The Rhode Island State Police continue joint law enforcement operations with federal

7

officials and through these operations expect to file equitable sharing requests relating to

8

the Treasury Forfeiture Fund.

9

10. In the past, including in 2018 and 2019, Treasury Forfeiture Funds have been shared or

10

distributed to Rhode Island and Rhode Island State Police expect to receive additional

11

funds for equitable sharing relating to the Treasury Forfeiture Fund.

12

11. The diversion of any of the Treasury Forfeiture Fund threatens to cause the Rhode Island

13

State Police an imminent and irreparable injury, as the Rhode Island State Police will be

14

deprived of funds that would otherwise be available for law enforcement purposes,

15

negatively impacting the public safety and welfare of Rhode Island citizens.

16
17
18
19

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on the ______ day of April, 2019, in ___________________, Rhode Island.

20
21
__________
_ ___
____________________________________
Major Timothy G Sanzi
G.
Detective Commander
Rhode Island State Police

22
23
24
25
26
27
28
3

Declaration of Major Timothy G. Sanzi (4:19-cv-00872-HSG)

EXHIBIT

1

XAVIER BECERRA

2

3

ROBERT W. BYRNE
SALLY MAG ANT
MICHAEL L. EWMAN

4

MICHAEL P. CAY ABAN

5

CHRISTINE CHUANG
EDWARD H. OCHOA

Attorney General of California

enior Assistant Attorneys General

Supervising Deputy Attorneys General

6

7
8

9
10
11

HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMA (SBN 272271)

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: Lee. hennan@doj .ca.gov
Attorneys for PlaintiffState of California

12

IN THE UNITED STATES DISTRICT COURT
13

FOR THE NORTHERN DISTRICT OF CALIFORNIA
14

OAK.LAND DIVISION
15
16
17
18
19
20
21
22

23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAW All;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COM:MONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICIDGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COM:MONWEALTH OF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF DANIEL TRUDEAU

IN SUPPORT OF PLAINTIFFS'
MOTION FOR A PRELIMINARY
INJUNCTION

Plaintiffs,

26
27

4: 19-cv-00872-HSG

v.

28
Dec]aration of Dan Trudeau (4: l 9-cv-00872-HSG)

1

2
3
4
5

6
7

8

DO ALD J. TRUMP, in ms official capacity
as President of the United States of America·

UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in ms
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.

DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.

9
10

11
12

DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting ecretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRST JEN M. NIELSEN in
her official capacity as Secretary of Homeland
Security;

13
14

Defendants.

15
16

17
18
19

20
21

22
23

24
25

26
27

28
Declaration of Dan Trudeau ( 4: l 9-cv-00872-HSG)

1

I, Daniel Trudeau, declare as follows:

2

1.

I am a Major in the Vermont State Police (VSP) and Commander ofVSP s

3

Criminal Division. The Criminal Division is one of three divisions within VSP and is responsible

4

for investigating major criminal offences, including drug crimes and other specialized

5

investigations. I have served in my cunent role since December 20 18. Previously I served in a

6

variety ofroles in the Criminal Division since joining VSP in 2003 including Commander of the

7

Major Crimes Unit Commander of the Bureau of Criminal Investigation, and a supervisor in the

8

arcotics Investigation Unit. I have personal knowledge of the facts set forth in this declaration.

9
10

If called as a witness, I could and would testify competently to the matters set forth below.
2.

VSP participates in the Treasury Department s asset forfeiture program and

11

occasionally receives equitable sharing payments from the Treasury Forfeiture Fund (TFF). VSP

12

uses paym nts from the TFF fund to finance a variety oflaw enforcement activities including

13

training, equipment, and travel.

14
15
16

3.

The most recent funds received by VSP from the TFF were in 2016. At that time,

VSP received $7 160 from the TFF.
4.

VSP has identified 11 pending claims dating back to 2015 for which VSP has

17

·submitted a claim to TFF but has not yet received a payment of its equitable share. Each of these

18

claims relate to seizures of currency, bank accounts, or property for drug-related incidents. Based

19

on VSP's experience submitting claims and receiving payments from the TFF VSP expects to

20

receive payments totaling more than $100,000 for these pending claims.

21
22
23
24
25

5.

Loss of funding from the TFF would harm VSP by depriving it of a funding source

for the law enforcement activities set forth above.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and conect.
Executed on April 1, 2019, at Waterbury,

26
27
28

1
Declaration of Dan Trudeau (4:19-cv-00872-HSG)

EXHIBIT 3

2
3
4

5
6
7
8
9

MARK R. HERRING
Attorney General
BRIITANY M. JONES
(Pro Hae Vice: February 22, 2019)
MICHELLE S. KALLEN
{Special Admission Pending)
Office of the Attorney General
202 North Ninth Street
Richmond, Virginia 23219
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]. us
Attorneys for Plaint([( State o,f Virginia

10

I THE UNITED STATES DISTRICT COURT

I1
FOR THE

ORTHERN DISTRICT OF CALIFORNIA

12

OAKLAND DIVISION
13
14
15

16
17

18
19
20
21
22

23

ST ATE OF CALIFORNIA; ST A TE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STA TE OF HAW All;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTH OF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICHIGAN;
ST ATE OF MINNESOTA; ST ATE OF
NEVADA; ST A TE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEAL TH OF
VIRGINIA; and STATE OF WISCONSIN;

26
27
28

DECLARATION OF COLONEL GARY
T. SETTLE IN SUPPORT OF
PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs,

24

25

4: l 9-cv-00872-HSG

v.
DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF AMERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK

Declaration of Colonel Gary T. Settle, Superintendent of the Virginia State Police (4: I9-cv-008 72-HSG)

1
2
3
4

5
6

7

8
9

10
11

M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy·
HEATHER WILSON, in her offi cial capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, in his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRST JEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;
Defendants.

12
13
14
15
16

17
18
19

20
21

22
23

24
25

26
27

28
Declaration of Colonel Gary T. Settle, Superintendent of the Virginia State Police (4 :19-cv-00872-l-lSG)

I, Colonel Gary T. Settle, declare as follows:

2

1.

I make this declaration from personal knowledge and a review of records

3

maintained by or accessible to, the Virginia State Police Department. If called as a witness I

4

would testify competently to the matters set f011h below.

2.

5

Having been appointed the Superintendent of the Virginia State Police on

6

December 15, 2017, by Governor Ralph S. Northam. Having served as a sworn member of the

7

Depattment of State Police for 31 years, serving in management and executive positions within

8

the agency with oversight of the Bureau of F ield Operations and the Bureau of Criminal

9

Investigation.

10

3.

Law enforcement agencies in the Commonwealth of Virginia and its localities

11

regularly participate as equitable sharing partners in the Department of Treasury s Forfeiture

12

Fund. As the Treasury's Annual Audit Reports indicate, from 2013 to 201 7, law enforcement

13

agencies in the Commonwealth and its localities received over $122 million in distributions from

14

the Treasury s Forfeiture Fund. The relevant excerpts from the Treasury's Audit Reports are

15

attached as Exhibit A.

16

4.

The Virginia State Police Department represents one of the law enforcement

17

agencies in Virginia that pa11icipates as an equitable sharing partner in the Treasury s Forfeiture

18

Fund.

19

5.

Virginia State Police regularly participate in joint investigations that result in

20

federal forfeitures, particularly bulk cash seizures coordinated with Homeland Security

21

Investigations (HSI). In such cases, the Virginia State Police Department submits a request for

22

equitable sharing in the forfeited asset. The Department of Treasury then makes a determination

23

as to the percentage of the forfeited asset to return to the Virginia State Police Depaitment based

24

on the participation and expertise contributed by the Virginia State Police to the investigation that

25

resulted in the forfeited asset.

26

6.

Because many of the Virginia State Police Department's requests for sharing in the

27

Treasury Forfeiture Fund involve cash seizures from investigations initiated by the Virginia State

28

Police, the Virginia State Police Department often obtains a significant sharing percentage

1
Declaration of Colonel Gary T. Settle, Superintendent of the Virginia State Police (4: I9-cv-00872-HSG)

(approximately 50% to 80%) in response to its requests for sharing in such assets.

2

7.

The Virginia State Police Department has not received any distributions from the

3

Treasury's Forfeiture Fund since August 2018. As of that date, the Virginia State Police

4

Department had approximately $1.2 million in sharing requests that had not yet been resolved or

5

funded by the Department of Treasury. The Virginia State Police Department also anticipates that

6

its officers will be involved in future joint investigations that will result in additional sharing

7

requests.

8

8.

9

The Virginia State Police Department typically uses the funding that it receives

from the Treasury's Forfeiture Fund to provide valuable training and equipment to state police

10

officers. If the Virginia State Police Department did not receive any sharing from the Treasury's

11

Forfeiture Fund, it would have less funding available to satisfy these training and equipment

12

needs or to reimburse itself for costs associated with the investigations that resulted in the

13

forfeited assets. Likewise, a significant delay in obtaining the Virginia State Police Department s

14

approved share of the assets in the Treasury's Forfeiture Fund would result in a similar delay in

15

the Virginia State Police Department's ability. to use those funding for training and equipment

16

that benefit the safety and welfare of Virginia's citizens and law enforcement officers.

17
18

19
20
21
22
23

24
25

26
27
28

2
Declaration of Colonel Gaty T. Settle, Superintendent ofrhe Virginia State Police (4 : 19-cv-00872-HSG)

1

2

3
4
5
6
7

I declare under penalty of petjury under the Jaws of the United States that the foregoing is
true and correct.
Executed on April 3, 2019 at North Chesterfield, Virginia.

8

-/_

9

10

Colonel Gary T. Settle.
Superintendent

11
12

13
14
15

16
17

18

On this _3_ day of April , 2019, before me, the undersigned notary public, personally
appeared Gary T. Settle, proved to me through satisfactory evidence of identification, which were
his Driver's license, to be the person whose name is signed on the preceding docwnent who
swore or affirmed to me that the contents of the document are truthful and accurate to the best of
his knowledge and belief under penalties of perjury.

No~y

Kathryn ~e Teague,
Public
My Commission Expires December 31 , 2020
Reg. # 7689769

19
20
21
22

23
24

25

26
27

28
3
Declaration of Colonel Gary T. Settle, Superintendent of the Virginia State Police (4: 19-cv-00872-HSG)

Exhibit A to Settle Affidavit
TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2017
(Dollars in Thousands)
(Unaudited)
State/U. S. Territories
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C. Washington
Delaware
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Subtotal carriedfonvard

Currency Value

$

490

Property Value
$

6

238
330
8,149
176
311
77
66
2,579
4,590

2
6

146
140

595

7

130
74
5,107
844
51

65
161
3

7

346
34
1,096
1,317
1,942
234
2,667
210
430
43
591
2,149
1,018

3
3
81
99
6

14
14
1,001

1

14,030
1,915

3,071

806
764
595

28
670
102
100

1,271

211
43
1,317
60
484
4,223
825
$61,854

SECTION V -OTHER ACCOMPANYING INFORMATION (UNAUDITED)

3

1,294
_}J_Q

$7,883

49

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2017
(Dollars in Thousands)
(Unaudited)
State/U.S. Territories

Subtotal broughtfonvard
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Totals

Currency Value

Property Value

61,854
7

7,883

7,061
366
1,441
70

8

$70,799

Summarized above are the cmTency and property values of assets forfeited and shared with state and local
agencies and U.S. TeITitories participating in the seizure. This supplemental schedule is not a required part of
the financial statement of the Department of the Treasury Forfeiture Fund. Information presented on this
schedule represents assets physically transfetTed during the year and, therefore, does not agree with total assets
shared with state and local agencies in the financial statements. In addition, the above numbers do not include
the adjustment to present property distributed at net realizable value.

50

TREASURY FORFEITURE FUND ACCOUNTABILITY REPORT - FISCAL YEAR 2017

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2016
(Dollars in Thousands)
(Unaudited)
State/U.S. Territories

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C. Washington
Delaware
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Subtotal carriedfonvard

Currency Value

$

696

1325
100
10,520
253
354
26
26
5,986
1,412
33
155
95
2,170
2,813
114
345
1,814
81
213
567
938
658
48
91
1,839
174
1,673
240
670
16

Property Value

$

28
7
395
50
8
98
188
19
209
4
2
14

75
686
171
48
8
3

14

83,128
4,268

718
1,212

671
68
703
526
641
67
4,431
80
258
6,751
90
$137,127

38

SECTION V-OTHER ACCOMPANYING INFORMATION (UNAUDITED)

139

479
138
1,922
$6,673
47

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2016
(Dollars in Thousands)
(Unaudited)

State/U.S. Territories

Subtotal broughtforward
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Totals

Currency Value

Property Value

137,127
8

6,673

1,531
1,867
127
239
25

27
43
57
416
23

$140,924

$ 7,239

Summarized above are the cun-ency and property values of assets forfeited and shared with state and local
agencies and U.S. Ten-itories participating in the seizure. This supplemental schedule is not a required part of
the financial statement of the Department of the Treasury Forfeiture Fund. Information presented on this
schedule represents assets physically transfen-ed during the year and, therefore, does not agree with total assets
shared with state and local agencies in the financial statements. In addition, the above numbers do not include
the adjustment to present property distributed at net realizable value.

48

TREASURY FORFEITURE FUND ACCOUNTABILITY REPORT- FISCAL YEAR 2016

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2015
(Dollars in Thousands)
(Unaudited)
State/US. Territories
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C. Washington
Delaware
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsy Ivania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Subtotal carried fonvard

Currency Value
$
1,876
1,729
136
13,480
1,491
460
2
94
11,198
2,832
24
42
3,762
971
86
139
1,335
115
12
2,579
1,760
1,303
260
329
558
42
3,235
1,108
2,817
7
515
46,308
3,445
8
4,177
385
1,368
3,419
443
36
1,341
229
368
16,721
__
7_1
$132,616

SECTION V-OTHER ACCOMPANYING INFORMATION (UNAUDITED)

Property Value
$

109
14
368
255

7
421
91

25
10

11

8
256
4
30

3
20
138
122
1,525
206
33
88
94
22

72
238
1,018

__
2
$5,191

47

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2015
(Dollars in Thousands)
(Unaudited)

State/U.S. Territories

Subtotal broughtfonvard
Vermont
Virgin Islands
Virginia
Washington

Currency Value

Property Value

$132,616

$5,191

82

28

6,554
1,337

West Virginia

527

Wisconsin
Wyoming

206

Totals

$141,322

Summarized above are the cmTency and property values of assets forfeited and shared with state and local
agencies and U.S. Territories participating in the seizure. This supplemental schedule is not a required part of
the financial statement of the Department of the Treasury Forfeiture Fund. Information presented on this
schedule represents assets physically transferred during the year and, therefore, does not agree with total assets
shared with state and local agencies in the financial statements. In addition, the above numbers do not include
the adjustment to present property distributed at net realizable value.

48

TREASURY FORFEITURE FUND ACCOUNTABILITY REPORT- FISCAL YEAR 2015

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2014
(Dollars in Thousands)
(Unaudited)
State/U.S. Territories
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C. Washington
Delaware
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Subtotal carried.forward

48

Currency Value
$

Property Value

987
186
934
333
12,182
213
440
21
12
19,267
4,135
2,373
37
16
5,112
2,536
771
238
1,728
514
35
3,783
2,721
2,062
474
290
607
8
1,861
4,410
5,940
2
984
139,617
5,095
487
774
593
1,461
1,917
27
3,059
42
528
9,742
214
$ 238,768

TREASURY FORFEITURE FUND ACCOUNTABILITY REPORT- FISCAL YEAR 2014

$

6

229
10
34
15

561
5

115
16
11

5
8
10
4
81
7

2
65
16
1
9

685
641
102
(563)
33
44
263
4

457
$2,876

Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2014
(Dollars in Thousands)
(Unaudited)

State/U.S. Territories

Subtotal brought.forward
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Totals

Currency Value

Property Value

$238,768
146

$2,876
2

61,417
361
673
64

6
6

$301,429

10
10
$2,910

Summarized above are the currency and property values of assets forfeited and shared with state and local
agencies and U.S. Territories participating in the seizure. This supplemental schedule is not a required part of
the financial statement of the Department of the Treasury Forfeiture Fund. Information presented on this
schedule represents assets physically transferred during the year and, therefore, does not agree with total assets
shared with state and local agencies in the financial statements. In addition, the above numbers do not include
the adjustment to present property distributed at net realizable value.

SECTION V -OTHER ACCOMPANYING INFORMATION (UNAUDITED)

49

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2013
(Dollars in Thousands)
(Unaudited)
State/U.S. Territories
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C. Washington
Delaware
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Subtotal carried.forward

50

Currency Value

$

236
1,951
959
640
11,973
1,874
158
11
290
3,788
2,750
55
92
192
1,523
135
538
373
306
489
1,370
3,185
665
589
333
25
5,253
36
150
215
3,157
1
196
11,135
4,377

Property Value

$

609
151
370
457
877
132
2,181
12
21
4,796
135
$68,761

TREASURY FORFEITURE FUND ACCOUNTABILITY REPORT- FISCAL YEAR 20/3

16
621
58
374
11
75
1,090
4
37
14
5
2
2
33
21
528
98
124
2
5
14
30
6
57
625
159
4
66
28
31
276
27
288
-$4,731

TREASURY FORFEITURE FUND
Equitable Sharing Summarized by State and U.S. Territories
For the Year Ended September 30, 2013
(Dollars in Thousands)
(Unaudited)
State/U.S. Territories

Subtotal brought.forward
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Totals

Currencv Value

Property Value

$68,761
95

$4,731

45,836
2,799
1,336
56
12

2
72

$118.895

65

11J1Q

Summarized above are the currency and property values of assets forfeited and shared with state and local
agencies and U.S. Territories participating in the seizure. This supplemental schedule is not a required part of
the financial statement of the Department of the Treasury Forfeiture Fund. Information presented on this
schedule represents assets physically transferred during the year and, therefore, does not agree with total assets
shared with state and local agencies in the financial statements. In addition, the above numbers do not include
the adjustment to present property distributed at net realizable value.

SECTION V -OTHER ACCOMPANY/NG INFORMATION (UNAUDITED)

51

EXHIBIT

Attorneys for Plaintiff State of California

EXHIBIT

1

XAVlER BECERRA

2

ROBERTW.BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN

Attorney General of California
3

Senior Assistant Attorneys General

4
5

MICHAEL P. CAY ABAN
CHRISTINE CHUANG
EDWARD H. OCHOA

6

Supervising Deputy Attorneys General
REA THER C. LESLIE

7
8
9
10
11

JANELLE M. SM1TH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)

Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

12

IN THE UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15

16
17

18
19
20
21
22
23
24
25

STATE OF CALIFORNIA; STATE OF
COLORADO; STATE OF
CONNECTICUT; STATE OF
DELAWARE; STATE OF HAWAII;
STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND;
COMMONWEALTHOF
MASSACHUSETTS; ATTORNEY
GENERAL DANA NESSEL ON BEHALF
OF THE PEOPLE OF MICIDGAN;
STATE OF MINNESOTA; STATE OF
NEVADA; STATE OF NEW JERSEY;
STATE OF NEW MEXICO; STATE OF
NEW YORK; STATE OF OREGON;
STATE OF RHODE ISLAND; STATE OF
VERMONT; COMMONWEALTHOF
VIRGINIA; and STATE OF WISCONSIN;

DECLARATION OF JENNIFER
ONOFRIO

Plaintiffs,

26
27

4:19-cv-00872-HSG

v.

28
Declaration of Jennifer Onofrio (4:19-cv-00872-HSG)

1
2

3

4
5

6
7

8
9

10
11
12
13

14

DONALD J. TRUMP, in his official capacity
as President of the United States of America;
UNITED STATES OF Al\lIERICA; U.S.
DEPARTMENT OF DEFENSE; PATRICK
M. SHANAHAN, in his official capacity as
Acting Secretary of Defense; MARKT.
ESPER, in his official capacity as Secretary of
the Army; RICHARD V. SPENCER, in his
official capacity as Secretary of the Navy;
HEATHER WILSON, in her official capacity
as Secretary of the Air Force; U.S.
DEPARTMENT OF THE TREASURY;
STEVEN T. MNUCHIN, jn his official
capacity as Secretary of the Treasury; U.S.
DEPARTMENT OF THE INTERIOR;
DAVID BERNHARDT, in his official capacity
as Acting Secretary of the Interior; U.S.
DEPARTMENT OF HOMELAND
SECURITY; KIRST JEN M. NIELSEN, in
her official capacity as Secretary of Homeland
Security;

Defendants.

15

16
17

18

19

20
21

22
23
24
25

26
27
28
Declaration of Jennifer Onofrio (4:19-cv-00872-HSG)

1

I, Jennifer Onofrio, declare as foUows:

2

1.

I am a Director at The Po1t of Authority of New York & New Jersey (P ANYNJ).

3

2.

I submit this Declaration in support of the State of New Jersey' s and the State of

4

New York's litigation against Donald J. Trump, in his official capacity as President of the United

5

States of America; United States of America; U.S. Department of Defense; Patrick M. Shanahan,

6

in his official capacity as Acting Secretary of Defense; Mark T. Esper, in his official capacity as

7

Secretary of the Army; Richard V. Spencer, in his official capacity as Secretary of the Navy;

8

Heather Wilson, in her official capacity as Secretary of the Air Force; U.S. Department of the

9

Treasury; Seven T. Mnuchin, in his official capacity as Secretary of the Treasury; U.S.

10

Department of the Interior; David Bernhardt, in his official capacity as Acting Secretary of the

11

Interior; U.S. Department of Homeland Security; and Kirstjen M. Nielsen, in her official capacity

12

as Secretary of Homeland Security regarding the diversion of federal funding that New Jersey and

13

New York receive toward building a wall on the United States-Mexico border. I am familiar with

14

the matters set f0tth herein, either from personal knowledge or on the basis of documents that

15

have been provided to and/or reviewed by me . If called as a witness, I could and would testify

16

competently to the matters set forth below.

17

3.

l am a Director of Resource Management and Planning at PANYNJ located at 24 l

18

Erie Street Jersey City, New Jersey 07310. My educational background includes graduating with

19

a Master of Public Affairs degree from Princeton University in May of 2011, and a Bachelor of

20

Science degree in Liberal Arts from The New School in May of 2007. I have been employed as a

21

Director since April of 2018, and employed by PANYNJ since 2011. My prior roles in PANYNJ

22

include General Manager of Resource Management & Planning in the Office of the Chief

23

Security Officer; Manager of Performance, Policy & Planning in the Office of the Chief Security

24

Officer; Coordinator of Marketing Programs for PATH; and Leadership Fellow.

25

4.

PANYNJ was formed pursuant to a compact between New York and New Jersey

26

to, among other things, construct and operate terminals and transportation facilities within the

27

Port of New York District, which includes patts ofNew York and New Jersey. New York and

28

New Jersey exercise substantial control over PANYNJ through appointment of its commissioners

l
Declaration ofJennifer Onofrio (4: 19-cv-00872-HSG)

1
2

and veto power over its commissioners' actions.
5.

PANYNJ is responsible for building, operating, and maintaining infrastructure

3

critical to the transportation network of the New York and New Jersey region, including its

4

airports, marine term inals and po1ts, the P0tt Authority Trans-Hudson rail transit system, six

5

tunnels and bridges between New York and New Jersey, the Port Authority Bus Terminal in

6

Manhattan, and the World Trade Center. PANYNJ includes the Port Authority Police, which

7

serves and protects the people who work at and travel through PANYNJ facilities.

8

6.

PANYNJ is a participant in the Department of the Treasury (Treasury) equitable

9

sharing program. Over the course of the past four years, PANYNJ has received $558,353 in

10

equitable sharing payments from Treasury in connection with its assistance in detecting and

11

stopping drug trafficking. P ANYNJ has received an additional $439,226 in interest from these

12

payments.

13

14

15

7.

PANYNJ expects to submit requests for equitable sharing in future fiscal years,

including in fiscal year 2019 and fiscal year 2020.
8.

PANYNJ uses equitable sharing payments to suppott a broad range of critical

16

agency purposes to further its law enforcement operations and investigations, and to purchase Jaw

17

enforcement equipment. For example, PANYNJ used equitable sharing payments to purchase

18

and deploy an electronic incident and arrest reporting system, which was integral to modernizing

19

the way in which PANYNJ reports crime. PANYNJ also used funds to purchase mobile vehicle

20

license plate readers for its patrol cars to assist in the apprehension of serious offenders and stolen

21

property at bridge and tunnel crossings. PANYNJ plans to use equitable sharing funds it has

22

received to purchase and install a gunshot detection system at one of its airports, and to support

23

training related to its electronic systems for issuing summonses and writing motor vehicle

24

accident reports.

25

I declare under penalty of perjury under the laws of the United States that the foregoing is true

26
27

28
2
Declaration of Jennifer Onofrio (4: I9-cv-00872-HSG)

and correct.

2

Executed on April 3, 2019, at Jersey City, New Jersey.

3

JennW
Directo
Port Aut ority of New York & New Jersey

4

5
6

7
8

9
10

11
12
13

14

15
16

17
18

19
20
21

22
23

24
25

26
27

28
3
Declaration of Jennifer Onofrio (4: 19-cv-00872-HSG)

Department of the Treasury
Executive Office for Asset Forfeiture
1341 G Street, NW, Suite 900
Washington, DC 20220

Search EQSH Payments 2003‐Present
Search Criteria:
Vendor Number:
4001359

Vendor Name contains:

Agency:

Search

Seizure Number:

Payment:

State:
Start Date:
End Date:
10/1/2003
2/28/2019

Exact Amount:

Greater Than:
or

Clear
Search

Less Than:
<

Search Results:
Agency

Vendor #

Payee

Seizure #

Date

Payment

IRS

4001359

ST

WI DEPT OF JUSTICE

IRSEQSH3997000319

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000303

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000330

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000329

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000328

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000327

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000326

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000325

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000324

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000321

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000360

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000318

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000317

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000316

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000315

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000314

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000313

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000312

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000311

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000310

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000304

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000322

12/11/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000309

12/17/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000359

12/17/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000358

12/17/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000307

12/17/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000305

12/17/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000308

12/17/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000306

12/17/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000355

12/18/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000356

12/18/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000357

12/18/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000354

12/22/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000352

12/22/2003

$20.00

Exhibit 1

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000353

12/22/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000340

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000342

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000341

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000345

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000346

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000347

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000349

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000351

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000339

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000350

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000337

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000338

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000336

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000335

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000334

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000333

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000332

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000331

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000320

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQHS3997000348

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3997000343

12/29/2003

$20.00

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3998003801

1/28/2004

$874.49

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3902000201

3/1/2004

$3,774.19

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3902000202

3/1/2004

$3,774.19

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3903001401

3/16/2004

$3,141.57

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3902006001

8/3/2004

$6,115.41

ICE

4001359

WI DEPT OF JUSTICE

UCSEQSH2004370100000701

7/22/2005

$3,367.41

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3904005001

8/10/2005

$13,177.33

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH3904005002

8/10/2005

$267.24

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4105000401

8/17/2005

$6,798.53

ICE

4001359

WI DEPT OF JUSTICE

UCSEQSH2004370100000801

9/9/2005

$1,484.56

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4105000501

9/21/2005

$9,556.60

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902001401

7/5/2006

$483.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000901

7/5/2006

$27.16

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902001201

7/5/2006

$400.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902001202

7/6/2006

$80.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000811

7/6/2006

$20.71

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000602

7/6/2006

$100.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000401

7/6/2006

$8,444.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000704

7/18/2006

$32.50

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000705

7/18/2006

$32.50

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000601

7/18/2006

$32.67

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902001203

8/3/2006

$170.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000801

8/3/2006

$379.20

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3902000802

8/3/2006

$830.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4106000401

12/1/2006

$94,855.98

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4106000402

12/1/2006

$458,154.41

Exhibit 1

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003203

4/23/2008

$41.92

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003207

4/23/2008

$1,508.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003301

4/23/2008

$31,834.50

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003206

4/23/2008

$754.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003208

4/23/2008

$41.92

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003205

4/23/2008

$986.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003204

4/23/2008

$1,885.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4106004501

4/23/2008

$3,770.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904005701

4/23/2008

$11,600.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904002301

4/23/2008

$11,600.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003902

4/23/2008

$10,499.16

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003201

4/23/2008

$15,506.30

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003211

4/23/2008

$810.54

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904001202

4/23/2008

$29,000.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4106003201

4/23/2008

$6,537.47

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003209

4/23/2008

$628.23

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003212

4/23/2008

$1.46

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003214

4/23/2008

$4,862.27

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003215

4/23/2008

$5,655.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003302

4/23/2008

$1,015.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003401

4/23/2008

$10,326.23

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904000601

4/23/2008

$45,460.04

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904000801

4/23/2008

$49,107.18

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904001301

4/23/2008

$81,437.68

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4106003101

4/23/2008

$2,427.07

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003210

4/23/2008

$638.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003202

5/14/2008

$3,364.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003213

5/22/2008

$986.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904000501

6/10/2008

$95,541.89

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904000901

6/10/2008

$38,739.18

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH9404000402

6/13/2008

$63,175.36

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903002101

7/3/2008

$62,607.51

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903003901

7/3/2008

$8,267.07

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903004001

7/3/2008

$4,750.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4107002102

9/16/2008

$12,859.52

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904001102

11/12/2008

$49,300.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903000193

12/10/2008

$9,100.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903000192

12/10/2008

$32,500.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3903000101

12/10/2008

$10,766.79

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105004101

4/15/2009

$1,980.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105004301

4/15/2009

$14,256.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105004001

4/15/2009

$1,024.94

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105004201

6/10/2009

$5,130.62

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4107000901

7/7/2009

$858,799.74

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4107001201

7/7/2009

$781,208.62

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4107001301

7/7/2009

$876,774.26

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4108001201

7/14/2009

$19,816.04

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4108005301

8/31/2009

$3,060.41

Exhibit 1

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH3904005801

9/17/2009

$2,870.28

ICE

4001359

WI

WI DEPT OF JUSTICE

UCSEQSH2008370190000101

2/1/2010

$7,500.00

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105004205

3/12/2010

$101.90

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105000601

3/12/2010

$348.90

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105004202

3/12/2010

$444.82

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105000402

3/15/2010

$448.10

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4105000502

3/15/2010

$449.90

USSS

4001359

WI

WI DEPT OF JUSTICE

USSEQSH21010001001

2/7/2011

$1,178.53

IRS

4001359

WI

WI DEPT OF JUSTICE

IRSEQSH4110001501

5/6/2011

$39,943.20

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4111002001

12/5/2012

$13,117.39

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4110000801

6/13/2013

$1,692.36

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4110000702

7/25/2013

$205.42

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4110000903

8/14/2013

$3,090.73

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4110000904

8/14/2013

$1.54

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4110000901

8/14/2013

$620.46

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4110000703

8/14/2013

$188.54

ICE

4001359

WI DEPT OF JUSTICE

UCSEQSH2013370100000501

2/24/2014

$60,066.95

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4111003101

5/7/2014

$462.46

IRS

4001359

WI DEPT OF JUSTICE

IRSEQSH4110000701

3/18/2015

$17,701.49

IRS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

IRSEQSH7514005701

3/10/2016

$2,440.21

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014004002

3/23/2016

$167.11

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001060

9/23/2016

$2,860.13

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001061

9/23/2016

$1,287.12

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001062

9/23/2016

$2,940.24

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001063

9/23/2016

$2,910.09

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001064

9/23/2016

$3,240.04

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001059

9/23/2016

$2,962.45

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001068

9/23/2016

$3,337.62

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001065

9/23/2016

$3,252.35

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001069

9/23/2016

$5,459.33

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001066

9/23/2016

$3,364.96

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001001

9/23/2016

$1,870.53

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001016

9/23/2016

$2,224.83

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001008

9/23/2016

$60.80

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001006

9/23/2016

$707.30

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001005

9/23/2016

$5,471.19

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001004

9/23/2016

$498.62

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001003

9/23/2016

$3,981.60

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001002

9/23/2016

$15,833.27

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001067

9/23/2016

$3,331.30

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001041

9/23/2016

$14,584.34

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001080

9/26/2016

$3,195.83

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001081

9/26/2016

$2,718.46

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001082

9/26/2016

$2,770.16

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001083

9/26/2016

$2,359.58

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001084

9/26/2016

$4,149.21

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001079

9/26/2016

$3,480.01

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001086

9/26/2016

$2,874.16

Exhibit 1

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001074

9/26/2016

$3,974.53

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001085

9/26/2016

$2,498.77

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001078

9/26/2016

$4,091.84

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001077

9/26/2016

$4,442.26

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001075

9/26/2016

$2,960.15

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001073

9/26/2016

$3,900.17

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001072

9/26/2016

$5,507.68

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001071

9/26/2016

$6,028.50

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001070

9/26/2016

$5,856.23

USSS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

USSEQSH21014001076

9/26/2016

$3,201.05

IRS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

IRSEQSH4113000803

2/7/2017

$2,953.20

IRS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

IRSEQSH4113000701

2/7/2017

$6,559.48

IRS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

IRSEQSH4113000801

2/7/2017

$5,956.68

IRS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

IRSEQSH4113000802

2/7/2017

$14,077.20

IRS

4001359

WI DOJ ‐ CRIMINAL INVESTIGATIONS

IRSEQSH4110001401

5/17/2017

$7,062.95

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