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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 1 of 84 Page ID #:123

Mohamad A1Charihi, pro se


34811 45~' Street East
Palmdale, California 93552
FILED
Phone: 818-915-2649 c« ~ U.S. OISTR4C1 CQIlRT
Fax:
Email: midan2020@yahoo.com ~1~~ 3 _ ~~I~
Attorney pro se ,_
(until local counsel is located and he C AL JCT OF CALIF4~N~~
may admit foreign counsel pro hac ~~P~n'
V1C1~

IN THE UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

MOHAMAD YASSIN ALCHARIHI ] Civil Action No.


,
Plaintiff, ]C~~b~7391-
' ~r~~ ss,~
v.

] Plaintiff's Pro Se Petition for


UNITED STATES OF AMERICA,and ] Release of Seized Property
DEPARTMENT OF JUSTICE,

FEDERAL BUREAU OF INVESTIGATION PAID


~i~~

Defendants.
OCT-3
Clerk, US Dishicx
COl7RT 461

Summary: Petitioner, the sole individual owner of the property in question (described by the FBI
as "2000 Year Old Era Mosaic of Hercules") hereinafter referred to as the "Mosaic", has filed
this action for the return of the same. He imported the property, paid customs duties, and then one
item, a Greek Mosaic,(which was close to trash and in need of restoration) was restored to value
by the Petitioner. Upon its restoration the Defendant FBI raided his home and seized all items
listed on a Search and Seizure Warrant. The Petitioner filed all necessary claims of ownership
and release of all properties only one of which (the Mosaic) did the FBI give an identification

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3410160067. The FBI denied the claims of ownership and for release. The FBI has not responded
to Petitioner's written legal memorandum demonstrating that there were no grounds for them to
hold the seized properties. It was demonstrated that all customs duties were paid and that the
importation of the seized property was legal. The FBI has stated that this petition must be filed in
federal court as the next stage to force them to acknowledge Petitioner's ownership and to have
them release Petitioner's unlawfully seized property. Petitioner is a chemical engineer by
education. He has two businesses, restoring antiquities, buying rehabbing and selling cars, and
working in a printing supply company as technical engineer. He had a patent at age of 23while he
was still in Syria. He had to leave his country, because of the abuse he received from certain of
his professors and colleagues who were envious of his brilliance. In addition, he had threats from
certain government officials, because he spoke up for his rights. Now in America he finds
Islamophobia and racism, because Petitioner has discerned a way of restoring value to disheveled
antiquities. No wonder the Congressman Steve King (speaking at the Republican national
convention on July 18th, 2016) stated that whites are the only ones who have contributed to the
development of civilization. That kind of ignorance has been displayed in this case. Whites have
consistently denied "others" the opportunity to gain an accretion to wealth on their ingenuity and
brilliance. This unlawful search and seizure is an example.
PARTIES

1. Mohamad Yassin AlCharihi ("A1Charihi" or "Petitioner") is the sole individual

owner of all the seized property described in detail herein which is the subject of this complaint,

including but not limited to a Greek Mosaic, known as the 11~' Trial of Hercules, which he

imported as trash and restored to value spending over $40,000 for the technique of restoration and

preservation. Petitioner wants his property returned released and returned to him as the proper

and sole owner of all of said property described in the Search and Seizure Warrant attached

hereto as

Exhibit A.
2. The United States government is the sovereign nation from which the Department
of Justice and the Federal Bureau of Investigation derive their power and authority to engage in

investigations, searches and seizures, forfeiture proceedings and other civil and criminal litigation

against importers of goods into the United States.

3. The Federal Bureau of Investigation ("FBI") is the principal investigative arm of

the U.S. Department of Justice ("DOJ") and the largest investigative agency in the federal

government.

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JURISDICTION AND VENUE


4. This action involves a petition for the return of property seized by the government

pursuant to 18 U.S.C. §§ 981 and 2323. This Court has jurisdiction over this action pursuant to

28 U.S.C. § 1346(a)(2), 1355 and 1395.

5. Venue is proper in this District under 18 U.S.C. § 983(~(3)(A) because the seizure

warrants for the subject domain names were issued in this district.

THE GREEK MOSAIC

6. The Greek Mosaic is the most valuable item in the list of property seized and

sought to be returned to the Petitioner. It is the only item for which the FBI gave an identification

number as indicated in the Summary. The Mosaic, popularly described in the antiquities industry

as "The Eleventh Labor of Hercules" is a famous Mosaic in the history of Greek mythology. It

was damaged and in no condition to be displayed or shown to viewers as an item in a museum or

other display venue. Petitioner paid for the importation of the Mosaic and all the other items on

the list. Some items, however, were computers and records which were not related to importation

ofthe

Mosaic, but they were still seized by the government. Unfortunately, this action has destroyed

Petitioner's business of restoring items and conserving items which he legally acquires.

7. The Petitioner paid all customs duties and other charges for the importation of his

property including the Mosaic. Petitioner paid a specialist in New York to come to California to

restore the Mosaic to turn it from an item of low value close to trash now it is transformed to a

precious item of great value.

THE GOVERNMENT'S SEIZURE OF THE SUBJECT MOSAIC


8. On or about March 19, 2016 Judge Jacqueline Chooljian issued a Search and

Seizure Warrant for the location 36811 45th St, East Palmdale, California, Petitioner's home. On

Marchl9th 2016 at about Spm the FBI raided that location which is the home of Petitioner. The

government seized the subject properties including the Mosaic pursuant to forfeiture statutes

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listed in the search and seizure warrant. A copy of the warrant is attached to the Declaration of

the Petitioner in Support of Petitioner's Petition for Release of Seized Property ("A1Charihi

Declaration") as Exhibit A.

9. The warrant was issued pursuant to an unspecified affidavit or recorded testimony

which was not attached to the warrant or the receipt for property given to the Petitioner. This is a

violation because with this failure to provide an affidavit(or recorded testimony) the Petitioner is

not able to examine what the judge reviewed in order to suggest that there was probable cause

sufficient to issue the warrant. The Petitioner suggests that until the government can submit an

affidavit or recorded testimony to establish probable cause for this search and seizure, the search

and seizure were unlawful and all items, the Mosaic and every other item seized must be returned

to Petitioner, forthwith. No affidavit has been submitted to Petitioner which provides facts or

federal statutes that show that there was probable cause for a search and seizure.

10. Petitioner was not notified of the seizure, until he was called by the neighbors that

the FBI had entered his home and garage when they knew he was away at a family gathering in a

different town, and they further knew no one was in the house. He was alerted to the fact that

they were in his home and garage ransacking his place based on a warrant for search and seizure

which they possessed. He called the FBI and was asked on the phone by the FBI to come home,

which he did. He was mistreated. The FBI was ranting and raving asking him many questions,

without giving him time to answer a question. They were not cordial and respectful. They were

nasty, intimidating, and threatening. They did not tell him why they were there nor showed him

the warrant when he asked them to show until the moment they left with the seized items.

PETITIONER'S EFFORTS TO OBTAIN RELEASE OF THE


MOSAICAND OTHER PROPERTY

10. On May 20, 2016, counsel for the Petitioner forwazded a Legal Memorandum

Exhibit B to the FBI showing in detail based on the facts and the case law that they had made a

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mistake and that Islamophobia and racism was the only basis for the search and seizure by the

FBI.

The Legal Memorandum requested return of all the seized property. Petitioner's Decl., Exhibit

A.

11. Since June 2016, Petitioner has undertaken substantial efforts to petition for the

return of the subject Mosaic and other properties, including making calls to FBI and the USAO,

and raising the issues with them that were covered in the Legal Memorandum Exhibit B. The

Petitioner filed a request for return of the Mosaic on June 6,2016 and for all items seized with the

Mosaic on June 21, 2016.

12. Petitioner is incurring substantial hardship due to the government's seizure of the

subject Mosaic and other property and its failure to initiate formal forfeiture proceedings or take

action on Petitioner's request for return of the Mosaic and other subject property. In particular,

Petitioner needs to perform further restoration on the Mosaic and the FBI is unskilled,

inexperienced and abysmally careless when it comes to preserving antiquities such as the Mosaic,

other antiquities and properties, including but not limited to statues, and antiquities that need

restoration and conversation. This seizure in addition is causing a loss of goodwill and the risk of

permanently losing the interest of potential buyers of the Mosaic and other properties, and

continuing infringement of his First Amendment rights.

FIRST CAUSE OF ACTION

(Immediate Release of the Subject Mosaic and Other Properties


Pursuant to 18 U.S.C.§ 9830)

13. Petitioner repeats and re-alleges the allegations of paragraphs 1-12 ofthe Petition

as if fully set forth herein.

14. Petitioner filed a claim of ownership for the Mosaic and another separate claim of

ownership for the other items. Petitioner filed a request to release the Mosaic and another request

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for release ofthe other properties. These requests were made to the United States of America and

the FBI, who declined to return the property.

15. Immediate return of the subject Mosaic and other properties is warranted because

at least 15 days has passed (in fact 70days have passed) since Petitioner requested return ofthe

property from the appropriate FBI officials, and because all ofthe conditions set forth in 18

U.S.C.

§ 983(fl are met.

16. Petitioner is the lawful owner of the Mosaic and subject properties and therefore

has a possessory interest in the seized property.

17. The subject Mosaic will be harmed if it remains under the control of the FBI and

there is a real risk of damage to the Mosaic as set forth in herein. There are further treatments,

restoration and conservation techniques that should be done to the Mosaic, thus there is a risk that

the Mosaic will be disintegrated and therefore will not be available at the time of any eventual

trial. This is tangible property, which requires care and maintenance which does play a role in

assuring the availability of the Mosaic at trial, as there is some real risk that the Mosaic and

subject property can be disintegrated, destroyed, or otherwise made unavailable by the FBI for

lack of care, restoration, conservation and maintenance.

18. The continued possession by the government pending the final disposition of

forfeiture proceedings will cause Petitioner substantial hardship, including but not limited to,

effectively preventing the continued restoration and conservation of the Mosaic. Negligently or

carelessly destroying the subject Mosaic of the Petitioner is depriving him of lawful business.

19. The continued possession of the subject Mosaic and other property will

substantially and irreparably harm the goodwill of the Petitioner's business and drive its

customers away, including by preventing potential buyers from viewing the Mosaic and

observing the degree of restoration and conservation ofthe Mosaic.

20. The seizure constitutes an unlawful prior restraint on speech, in violation of


Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 7 of 84 Page ID #:129

Petitioner's First Amendment rights, and Petitioner will continue to suffer a deprivation of his
First

Amendment rights if the property is not immediately returned. The Mosaic makes a certain

statement about Greek Mythology which is muffled and stifled by the illegal seizure ofthe

Mosaic and the continued refusal to return such property for display to the public.

21. The hardship to Petitioner (and to the property) substantially outweighs risk that

the subject Mosaic and other property will be destroyed, lost, concealed, or transferred. Such

destruction, loss, concealment or transfer would be counterproductive and against the self-interest

of Petitioner. The government's seizure of the subject Mosaic and other property has and will

continue to impose a substantial financial hardship on Petitioner and will continue to violate

Petitioner's First Amendment rights. These hardships far outweigh the risk that the subject

Mosaic and other properties will be destroyed, lost, concealed, or transferred, for the simple

reason that such would be against the self-interest of Petitioner.

22. None of the conditions set forth in 18 U.S.C. § 983(fl(8) is present, as set forth in

paragraphs 23-26, below.

23. The government has not contended that the subject Mosaic and other properties

a.re contraband.

24. The USAO in the District stated in a phone conversation that a criminal

investigation is under way, but to this date the USAO has not alleged that any activity of

Petitioner is criminal. The Legal Memorandum Exhibit B. that was submitted to the

government has not been responded to, rebutted or refuted, but the FBI still holds the seized items

as if there has been either improper civil or criminal activity. The plethora of documents attached

to the Claim of Ownership for the Mosaic and the Claim of Ownership for the other property

delineates every step of the international import transaction that brought all those items including

the seized mosaic to the states including payment of customs duties. Even to the extent the

government believes the seized property will be needed as evidence, they will remain just as

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available as evidence even if returned to Petitioner. The mosaic still requires restoration and

conservation which the FBI is not performing and will not perform.

25. The subject Mosaic is not "particularly suited" for illegal activities, it is simply an

antiquity in need of restoration and conservation which the Petitioner is performing and the FBI

is not performing..

26. The government has not shown and cannot show that the Mosaic and other seized

property ever was used to commit a criminal act, much less that it will be used or such in the

future. By performing restoration and conservation on the Mosaic the Petitioner is not

committing any civil impropriety, let alone criminal activity that the government has been unable

to establish after months of investigation.

SECOND CAUSE OF ACTION

(Immediate Release of the Subject Mosaic and Other Properties


Pursuant to Violation of the 14th Amendment
Taking of Property Without Due Process of Law)

27. Petitioner repeats and re-alleges the allegations of paragraphs 1-26 ofthe Petition as if

fully set forth herein.

28. The 14~' Amendment of the United States Constitution prohibits the taking of property

from a citizen without due process oflaw.

"Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the state wherein they reside. No state shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the United States; nor shall
any state deprive any person of life, libe►ty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws."

29. Petitioner is naturalized citizen of the United States and it is well settled in federal case

law that the state referred to in the 14t" Amendment also applies to the US government

itself.

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The US government cannot take a citizen's property without due process of law, just as

no state may take a citizen's property without due process of law. The FBI and the

Department of Justice has taken the property of Petitioner without due process of law.

Said property should be returned to Petitioner in order to remedy this violation of the 14~'

Amendment to the Constitution of the

United States.

PRAYER FOR RELIEF

WHEREFORE,Petitioner prays,
A. That this Court direct the United States of America and Department of
Justice, and the Federal Bureau of Investigation to effectuate the immediate return of the

Mosaic and other seized property to Petitioner by delivering the Mosaic and other seized

property to the home and garage of Petitioner from where they were seized.

B. That the Court set a hearing on this Petition at the earliest date convenient

for the Court's calendar, and preferably no later than October 7th, 2016, and further that

the Court direct that the government's opposition papers, if any, be filed no later than

October 1st, 2016.

C. That the Court allow amicus submissions on or before October 11th, 2016

regazding the issues raised in this Petition.

Respectfully submitted, /
/s/Mohamad AlCharihi
Dated: September 21, 2016 By Mohamad A1Charihi, Petitioner, pro se

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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 10 of 84 Page ID #:132

AO 93 (Rev. 12/09) Search and Seizure


Warrant (USAO CDCA Rev. 01/2013) COPS
UNITED STATES DISTRICT COURT
for the
Central District of California

In the Matter of the Search of


)
(Briefly describe the property to be searc
hed
or ident~ the person by nanse and address/
) Case No.
36811 45th Street East
Palmdale, California 93552 )
)

SEARCH AND SEIZURE WARRANT


To: Any authorized law enforcement officer

An application by a federal law enforcement


officer or an attorney for the govermnent requ
of the following person or property located ests the search
in the Central __ District of _
(idenlify the person or describe tl:e properly California ~_ _
to be searched and give its location):
See Attachment A

The person or property to be searched, describe


property to be seised):
d above, is bClieved t0 ConCe11 (identify the perso
n or describe the
See Attachment B

I find that the affidavit(s), or any recorded


testimony, establish probable cause to sear
property. ch and seize the person or

YOU ARE COMMANDED to execute this


warrant on or before 14 days from the date of its issuance
in the daytime 6:00 a.m. to 10 p.m. (not to exceed 14 days)
Q at aaiy time in the day or night as I find reasonab
le caiue has been
established.
Unless delayed notice is authorized below, you
taken to the person from whom, or from whos must give a copy of the warrant and a receipt for
e premises, the property was taken, or leav the property
place where the property was taken. e the copy and receipt at the

The officer executing this warrant, or an offic


er present during the execution of the warr
inventory as required by law and promptly retur ant, must prepare an
n this warrant and inventory to United States
on duty at the time of the return through a filing Magistrate Judge
with the Clerk's Office.
(name)
]
t I find that immediate notification may have
an adverse result listed in 18 U.S.C. § 2705 (exc
oftrial), and authorize the officer executing ept for delay
this warrant to delay notice to the person who,
searched or seized (check the opproprtare bozo or whos e property, will be
❑ f0i d3yS (not to exceed 30).
Q until, the facts justifying, the later speci
fic date of
Date and time issued: ,,~~~/~ ~-f o?:2~i`p,~•,
JACQUELINE CHOOL)[AN
Judge's signattere
City and state: ~ .Q,,,.~ C.,~... Hon. Jacqueline Chooljian, U.S. Magistra
r~ T te Judge
Printed name and title

JSA: M. Williams, ext. 3359~i


~D
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 11 of 84 Page ID #:133

ATTACF3MENT A

PREMISES TO BE SEARCHED

T he SUBJECT PREMISES
is a single family reside
nce located
at 36811 45Th Street East,
Palmdale, California, 935
52. The
SUBJECT PREMISES is a two
-story single family reside
nce, with
blue siding and a darker
blue trim, and white pane
windows.
There are two white column
s at the front of the hou
se. The
front door is white. The
attached garage has a whi
te door with
glass panes. The curb in
front of the house display
the numbers
'36811." A wood fence sur
rounds the back yard.

1
[Instrumentality Protocol]

/~
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ATTACfiMENT B

ITEMS TO BE SEIZED

ITEMS TO BE SEIZED

1. This warrant directs any age


nt of the PBI and/or HSI,
with any reasonable invest
igative and technical ass
istance they
may seek from other law enf
orcement agencies to execut
e the
search warrant, and any ass
istance they may seek fro
m expert
witnesses to help identify
items to be seized, to seize
the
following items that consti
tute evidence, contraband,
fruits,
and/or instrumentalities of
violations of Title 18, United

States Code ~ 542 (Entry of


goods into the United States
by
means of false statements),
and Title 18, united States
Code,
5 545 (Smuggling goods into the
United States), namely, for
the
period January 1, 2015, to
the present (unless otherwise

specified below):

a. Looted and/or stolen antiquities)


appearing to
originate from Syria and/or
Turkey, including mosaics.

b. Records .relating to the imp


ortation, exportation,
purchase, possession, acquis
ition, sale, transfer, sto
rage
(including inventory records),
auction, and/or movement of

antiquities.

t As used in this affidavit and


attachment, the terms
"antiquity" and "antiquities" mea
n any manmade object over 100
years old.
1
[Instrumentality Protocol)

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c. Records of any- licenses
or permits issued by any
country, state, or munici
pality regarding antiqu
ities.
d. Records relating to Uni
ted States customs or
importation requirements
, duties, responsibili
ties, tariffs,
and/or procedures.

e. Records relating to int


eractions with customs
brokers, import/export exp
erts and/or consultants,
mosaic
experts, antiquities expert
s, antiquities conservat
ors.
f. Records that refer to, rel
ate to, or show
business contacts or busine
ss relationships with per
sons outside
the United States related
to antiquities.

g. Records relating to travel


outside the United
States by MOHAMAD Y. ALCHARIHI
and/or his wife Asmaa Add
i from
January 1, 2013, to the pre
sent.

h. Telephone records that ref


lect international
calls including, but not lim
ited to, records of tel
ephone calls
made and received, and billin
g statements.

i. Indicia of ownership, reside


ncy, and/or occupancy
of the SUBJECT PREMISES inc
luding utility bills, tel
ephone
bi11s, loan agreements, and
/or rental documentation.

j. Any digital device used to


facilitate the above-
listed violations and forens
ic CCpies thereof.

2
[Instrum~nt~lity PrctocolJ

/3
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k. With respect to any digital device used to

facilitate the above-listed violations or


containing evidence

falling within the scope of the foregoing


categories of items to

be seized:

i. evidence of who used, owned, or controlled

the device at the time the things described in this


warrant were

created, edited, or deleted, such as logs, registry


entries,
configuration files, saved usernames and passwords,
documents,
browsing history, user profiles, e-mail, e-mail contac
ts, chat

and instant messaging logs, photographs, and corresponden


ce;

ii. evidence of the presence or absence of

software that would allow others to control the device


, such as
viruses, Trojan horses, and other forms of malicious softwa
re,

as well as evidence of the presence or absence of security

software designed to detect malicious software;

iii. evidence of the attachment of other devices;

iv. evidence of counter-forensic programs (and

associated data) that are designed to eliminate data from the

device;

v. evidence of the times the device was us~~;

vi. passwords, encryption keys, and other access

devices that may be necessary to access the device;

3
[Instrumentality Protocol]

~y
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vii. applications, utility programs, compilers,

interpreters, or other soFtware, as well as docume


ntation and
manuals, that may be necessary to access the device
or to
conduct a forensic examination of it;

viii. records of or information about

Internet Protocol addresses used by the device;

ice. records of or information about the device's

Internet activity, including firewall logs, <~aches, browse


r
history and cookies, "bookmarked" or "favorite" web pages,

search terms that the user entered into any Internet search

engine, and records of user-typed web addresses.

Z. As used herein, the terms "records," ~~documents,"

"programs," "applications," and "materials" include records,

documents, programs, applications, and materials created,

modified, or stored in any form, including in digital form on

any digital device and any forensic copies thereof.

3. As used herein, the term "digital device" includes any

electronic system or device capable of storing or processing

data in digital form, including central processing units;

desktop, laptop, notebook, and tablet computers; personal

digital assistants; wireless communication devices, such as

telephone paging devices, beepers, mobile telephol7es~ and smart

phones; digital cameras; peripheral input/output devices, such

4
[Instrumentality Protocol]

~~
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as keyboards, printers, scanners, plotte


rs, monitors, and drives

intended For removable media; related


communications devices,

such as modems, routers, cables, and connec


tions; storage media,

such as hard disk drives, floppy disks, memory


cards, optical

disks, and magnetic tapes used to store digita


l data (excluding

analog tapes such as VHS); and security device


s.
II. SEARCH PROCEDURE FOR DIGITAL DEVICES

4. In searching digital devices or forensic copies

thereof, law enforcement personnel executing this


search warrant

will employ the following procedure:

a. Law enforcement personnel or other individuals

assisting law enforcement personnel (the "search team")


will, in
their discretion, either search the digital device
(s) on-site or
seize and transport the devices) to an appropriate law

enforcement laboratory or similar facility to be search


ed at

that location. The search team shall complete the search as

soon as is practicable but not to exceed 60 days from


the date

of execution of the warrant. If additional time is needed, the

government may seek an extension of this time period from the

Court on or before the date by which the search was to have been

completed.

[Instrumentality Protocol]

~~
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b. The search team will conduct the starch only by"

using search protocols specifically chosen to


identify only the

specific items to be seized under this warran


t.

i. The search team may subject all of the data

contained in each digital device capable of containing


any of
the items to be seized to the search protocols to determ
ine

whether the device and any data thereon falls within


the list of

items to be seized. The search team may also search for and

attempt to recover deleted, "hidden," or encrypted data to

determine, pursuant to the search protocols, whether the


data
falls within the list of items to be seized.

ii. The search team may use tools to exclude

normal operating system files and standard third-party


software

that do not need to be searched.

c. When searching a digital device pursuant to the

specific search protocols selected, the search team shall make

and retain notes regarding how the search was conducted pursua
nt
to the selected protocols.

d. If the search team, while searching a digital

device, encounters immediately apparent contraband or other

evidence of a crime outside the scope of the items to be seized,

t he team shall immediately discontinue its search of that device

pending further order of the Court and shall make and retain

[Instrumentality Protocol)

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 18 of 84 Page ID #:140

notes detailing how the contraband or other evidence


of a crime
was encountered, including how it was immediately apparen
t
contraband or evidence of a crime.

e. If the search determines that a digital device

does not contain any data falling within the list of items to be

seised, the government wi11, as soon as is practicable, return

the device and delete or destroy all forensic copies thereof


.
f. If the search determines that a digital device

does contain data falling within the list of items to be seized,

the government may make and retain copies of such data, and may

access such data at any time.

g. If the search determines that a digital device is

(1) itself an item to be seized and/or (2) contains data falling

within the list of items to be seized, the government may retain

forensic copies of the digital device but may not access them

(after the time for searching the device has expired) absent

further court order.

h. The government may retain a digital device itself

until further order of the Court or one year after the

conclusion of the criminal investigation or case (whichever is

latest), only if the device is determined to be an

instrumentality of an offense under investigation or the

government, within 14 days following the time period ~utho:ci~ed

7
[Instrumentality Protocol]

i
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 19 of 84 Page ID #:141

by the Court for completing tYie search, obtain


s an order from
the Court authorising retention of the device (or
while an
a pplication for such an order is pending).
Otherwise, the

government must return the device.

i. Notwithstanding the above, after the completion

of the search of the digital devices, the government


shall not
access digital data falling outside the scope of the
items to be
seized absent further order of the Court.

5. In order to search for lata capable of being read or

interpreted by a digital device, ~law enforcement personnel


are
authorized to seize the follo4aing items:

a. Any digital device capable of being used to

commit, further or store evidence of the offenses) listed

above;

b. Any equipment used to facilitate the

transmission, creatioiz, display, encoding, ~r storage of digital

data;

c. Any magnetic, electronic, or optical storage

device capable of storing digital data;

d. Any documentation, operating logs, or reference

manuals regarding the operation of the digital device or

software used in the digital devir_e;

'3
[Instrumentality Protocol)

"/
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 20 of 84 Page ID #:142

e. Any applications, utility programs, compil


ers,
interpreters, or other software used to
facilitate direct or

indirect communication with the digital device


;

f. Any physical keys, encryption devices, dongle


s,
or similar physical items that are necessary to
gain access to
the digital device or data stored on the digita
l device; and

g. Any passwords, password files, test keys,

encryption codes, or other information necessary


to access the
digital device or data stored on the digital device
.

During the execution of this search warrant at t

Subject Premises, t enforcement personnel authorized


to depress the fingerprints and/o rints of persons at the

Subject Premises ont e Touch ID sensor of any App hone,

iPad, or er Apple brand dezrice in order to gain access to the

ntents of any such device.

7. The special procedures relating to digital devices

fo~~nd in this warrant govern only the search of digital device


s

pursuant to the authority conferred by this warrant and do not

apply to any search of digital devices pursuant to any other

court order.

y
[Instrumentality Protocol)

y~
...-W:_~ ~.,.ry 0-11-
`J4~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 21 of Page
84 Page~ ID #:143
of

UNITED STATES DEPARTMENT OF JUSTICE


FEDERAL BUREAU OF INVESTIGATION
Receipt for Property Received/Returned/Released/Sei
zed

On (date} r~~ "~ (~:r~ t~ (~~ ~ 2G ~ ~


item(s) listed below were:
~ Received From
~ Returned To
~ Released To
/Seized
(Name) ~ U f ~~ f~ 1 ~ ~~ Y t' ~ ~~1 ✓( ~~ .t
(Street Address) _ ~ ~(~ ~ ~ {''+.~'~'"~ ,~fj/'~~'~" ~~~~

Description of Item(s): ~ ~ r'1 i ~ L ~GC. t.~~ ~~n ~- S


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is ~'~"VO j~l S ~~~"~~ '~'~ vi°~~i


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~~ ~ ~, I v~~ ~c i ~ C~i;~~~ ~~~~~ f~ ~.,~ ~~ ~N w ~IZG ~-!~
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~~
Received By: ~ ~ ~~ ~ Received From:
(Signature) ~~
Case 2:16-cv-07391-JFW-SS
~ yX Y r ~ ~ ~Document
1! 1 Filed 10/03/16 Page 22 of 84 Page ID #:144

Memorandum of Law

To: Elizabeth Rivas


Special Agent
Federal Bureau of Investigation
11000 Wilshire Blvd
Suite 1700
Los Angeles, CA 90024-3672
(310)477-6565 (office)
(310)961-0619 (cell)
(310)996-3359(faY)

From: Attorney Henry Nasif Mahmoud


9538 S. Clifton Park Avenue
Evergreen Park, IL 60805
(219)381-0859
Fax:(866)-439-1649
mwmlawofficesnn,aol.com

Re: FBI Warrant for Search and Seizure Served on Mr. Al Charihi

Date: 5/20/16

Special Agent Rivas,

You left your caxd with our above referenced client when you and your fellow FBI agents
raided his home at 36811 45~' Street, Palmdale CA 93552 on or about 3/19/16 and took the items
that you listed on the copy of the Warrant for Search and Seizure that was left with him. We do
not know what was told to the federal judge to have the Warrant issued, but an exhaustive
investigation of the facts and the law show conclusively that (for the reasons given below) you
have no case against him. The warrant should be quashed, the items returned and there should be
no action taken against him. In short customs duties were paid. There was no intent or attempt to
evade customs duties and introduce uninspected items into the United States. No false or forged
documents were used to bring the items into the United States. It is believed that this action has
been taken against him based on sheer Islamophobia and racism.

Statement of Facts

On or about March 19, 2016 Judge Jacqueline Chooljian issued a Search and Seizure
Warrant for the location 36811 45~' St, East Palmdale, California. On or about Marchl9th 2016 at
about Spm the FBI raided that location which is the home of Mohammed Al Charihi',(herein after

' The Client has been in the United States since 1996, for 20 years, he has a wife and two sons ages 10 and 8. He
operated another businesses before becoming involved in the sale of artifacts. These businesses are exporting cars and
working for his brother's print shop in the international department. He became interested in importation and sales of
artifacts in about 3 years due to good connections and his knowledge of people working in cheap labor departments
of organizations involving artifacts. In Syria, his home country, he was a chemical engineer who had one of his own

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 23 of 84 Page ID #:145

McKenzie, Wilkes & Mahmoud

"Client") a naturalized citizen of the United States, originally from Syria, who operates the
business of importing, buying and selling ancient artifacts from overseas. He has been operating
this business for 1(one) year and has never had a problem before now with the government
regarding such business. He also operates another business which is buying salvaged cars from
auto auctions, repairing them and shipping them to Africa. He also works in a print shop and has
never had any issues there with authorities. He has never had any issues with the government with
any respect to any business in which he has been involved. However, the "soap incident"
mentioned in the foot note should be addressed in depth.

On or about December 23,2003 our Client was travelling from Manchester NH to Oakland
CA. He had a flight connection in Washington DC. Once he had boarded the plane,two FBI agents
approached him and asked him to go with them. They walked him offofthe plane. As they walked
with him, they told him that the FBI had checked his luggage and found what looked like soap,
but that it could be something else. The FBI stated that they thought it was TNT. They asked him
to wait in a room for about 2 hours. He realized that his plane in Manchester had taken off and that
he had missed his connection in Washington D.C.for his flight to Oakland. The FBI agent put him
on a flight to Oakland, but with a connection in Chicago IL. When the Client arrived in Chicago,
two FBI agents were waiting for him at the gate as he disembarked. The two approached him and
asked ifhe was Mohamad.He said yes. They then told him to walk with them after they introduced
themselves as FBI agents. He walked with them to the FBI office in the airport. They asked. him
about 100 questions about his background, since elementary school through the moment that they
met him by the gate.

Some ofthe strangest questions were:


"Did any one pay you to make or produce something?"
"What is the story of your carrying soap on a plane?
"Why do you use homemade soap?
"Why don't you use soap purchased over the counter?

Then they told him that they seized his soap and took it to the lab to do some tests. He knew later
that the FBI seized some personal video types that he was carrying with him on that trip. They told
him that they were holding him in the airport until the test result come back from the lab. After 8
hours one of the agent entered the room and told him "I have good news for you." He told the
agent to go ahead and tell him. The agent told him that the soaps turned out to be soap. Then he
told him he was going to put him on a flight to Oakland. The agent asked my Client to give him
an address in California. About 3 months later an FBI agent came to the given address and gave
him the seized video types and told him the FBI would not return the soap. I was held for about 8
hours.

As to the raid in question, the FBI took a list of items, ancient artifacts, mosaics, statues
and other precious figurines. They also took records, laptops, custom broker receipts, bills of
lading, manifests, and other evidence of importation of items into the country. A list of the items

patents registered and recognized in Syria and several other foreign countries when he was only 19. He has no history
of criminal misconduct. He was once stopped at an airport in 2003 with homemade soap. FBI falsely accused him of
the soap being a bomb. After six hours of delay and his missing his flight he was told the soap was soap, but it was
confiscated by the FBI anyway.

z3
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 24 of 84 Page ID #:146
McKenzie, Wilkes & Mahmoud

confiscated was given to the Client as well as a copy of the warrant. They FBI did not arrest the
Client on the scene, but did convey that he was being investigated for smuggling. The FBI also
broke into a safe owned by the Client and confiscated the documents that were inside. Certain of
the documents confiscated from the safe had not been used in any manner to effect a purchase and
sale or the importation of any items into country, including but not limited to a certain mosaic in
which the FBI seemed to have extraordinary interest.

When an FBI agent questioned the Client on the scene the agent asked whether a picture
of a certain item, a mosaic, had been sent to a prospective buyer. The Client did not refuse to
answer the initial questions, though he was visibly shaken by the ordeal. He did not remember
whether he had sent a picture of the mosaic to the prospective buyer whom he remembered came
to his location to inquire about the mosaic. The agent became hostile and belligerent and that is
when the Client told him that he would not feel comfortable answering more questions until he
had consulted with legal counsel. After the raid he called a friend in Philadelphia to inquire about
an attorney and that friend indicated that the international lawyer who he had already told him
about(for assistance in the sale ofthe item)would be the lawyer whom he should consult regarding
this FBI matter. The Client told his friend in Philadelphia to tell the attorney that he would call
him for a consultation. The attorney talked with the mutual friend from Philadelphia and said he
would speak with the Client whenever he called. The Client called the attorney, answered
questions,forwarded documents and engaged the attorney for the work to resolve this matter with
the FBI.

Through 42 years of experience the Attorney (author of this document) has observed that
when there is an FBI raid the agency works with the Assistant Unites States Attorney(ASUA)to
review evidence, interview potential witnesses, and create FBI 302s to build a case. An FBI 302
is a hearsay document where the FBI interviews a witness and then the agent "says what the
witness said" instead of merely making a transcript of the witnesses' words. This allows the FBI
to twist testimony to their benefit and hurt the accused. If the FBI and AUSA had probable cause
for an arrest, then the Client would have been arrested on the scene. Now the agency and the
government must build a case and take the case to a federal grand jury to determine whether there
is probable cause that a crime has been committed and a grand jury indictment is obtained due to
the AUSA getting them to rubber stamp what he or she wants. During this stage while the
government is attempting to build a case against the Client, his Attorney has used such time to
investigate the facts and research the law to demonstrate that there is no case ofsmuggling against
the Client. The submission of this legal memorandum is the first step in the Attorney's effort to
quash this warrant and have his Client's items returned, especially the mosaic in which the FBI
appears to have so much interest. Here the filing ofa Bivens action2 should be under consideration.
The difference is that in Givens there was no warrant, but there is a warrant in this case. The

ZBivens v. Six Unknown Named Agents, 403 U.S. 388 (1971),was a case in which the United States
Supreme
Court ruled that an implied cause of action existed for an individual whose Fourth Amendment freedom
from
unreasonable search and seizures had been violated by federal agents. The victim of such a deprivation
could sue
for the violation of the Amendment itself, despite the lack of any federal statute authorizing such a
suit. The
existence of a remedy for the violation was implied from the importance of the right violated. In givens
the FBI made
a warrantless search and seizure of a known drug dealer's apartment.

2~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 25 of 84 Page ID #:147

McKenzie, Wilkes & Mahmoud

question becomes whether there were proper grounds to issue a warrant for search and seizure in
the first place.

Legal Analysis

Case Law

An e~chaustive research of the case law shows that there can be no indictment legally
brought against the Client. It is apparent that the government is headed in the wrong direction. The
case law has been very helpful in presenting facts and legal principles to assist the effort ofshowing
that pursuit of an indictment is misplaced. The indictment must be ground in facts and law that
show there has been a violation ofthe smuggling state. One ofthe statutes mentioned in the warrant
is 18 USC Sec. 545:

"Sec. 545, Title 18 sets forth two different crimes:(1) Smuggling or clandestinely
introducing merchandise which should have been invoiced, and (2) Knowingly
importing or bringing into the United States merchandise contrary to law, without
complying with other provisions of law,..." Babb v. United States, 5 Cir., 1955,
218 F.2d 538.

As the above case points out, there is a vast difference between the two crimes.
Smuggling or clandestinely introducing goods or using false or forged documents
on the one hand is "unlawful and evil per se,"(Babb. 218 F.2d at pa ge 540) while
importing, bringing in, receiving etc., goods after importation is not evil per se but
is a crime because offailure to comply with other statutes. The two crimes set forth
in Section 545 can be traced back to two of the old Revised Statutes, smuggling
based on R.S. Sec. 2865 and importation based on R.S. 3082.u"United States
v. Claybourn,180 F. Supp. 448 -Dist. Court,SD California 1960,at page 452,3

If the government brings an indictment alleging that the defendant with intent to defraud

the United States "did knowingly and willfully smuggle and clandestinely introduce into the

United States from a foreign country" the merchandise described in the indictment, there will be a

major problem, since the shipping documents show that the customs duties were paid and all

shipping documents were in order and all costs and expenses were properly paid.

3 The cited case has facts which are different. In Claybourn the defendant carried merchandise in his automobile
across the International border from the United States to Mexico, then returned with the same merchandise in the car,
and did nothing with the merchandise in Mexico. The U. S. District Court for the Southern District of California, San
Diego ruled that this set of facts did not violate 18 USC Sec.545

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 26 of 84 Page ID #:148

McKenzie, Wilkes & Mahmoud

Since the word "smuggle" and the phrase "clandestinely introduce" mean substantially the

same thing viewed in the background of English common law, Keck v. United States, 1899, 172

U.S. 434,19 S.Ct. 254,43 L.Ea~ SOS and since they refer to the acts of a defendant surreptitiously

and by concealment or fraud avoiding the customs and introducing goods into the United States,

it is immediately apparent that where the facts show without dispute that a defendant properly paid

all customs duties and fees related to importing, that he was not smuggling or clandestinely

introducing goods into the United States. The purpose ofthe statute is to prevent the surreptitious,

clandestine or fraudulent entry of the goods into the United States.

The Nfatthews4 case is not helpful for our attempt to quash an indictment. It is helpful,

however, in an attempt to get an acquittal at trial. It stands for the proposition that when a

smuggling charge is subject to a motion for acquittal at trial, any other charge should be subject to

said type of motion and that the motion should be presented in addition to the acquittal motion for

smuggling.

A motion for acquittal was filed and granted in the smuggling case United States u

Kismetoglu,350 F. Supp.333 -Dist. Court,CD California 1971, where at trial, the court had found

the defendant guilty of smuggling watches and jewelry into the states. In a post-trial motion, the

district court held that this Armenian (traveling with his wife and family) was not a professional

business man or an experienced traveler. The court said the gravamen of the offense was the

clandestine introduction into the United States with specific intent to defraud the United States, of

° In Matthews a UnitedStates,394F.2d I04-Court ofAppeals,9th Circuit 1968 at trial the defendant was acquitted
on a motion for acquittal on the smuggling conviction under 18 USC 545. There was no motion filed for an acquittal
on the Dyer Act offense 18 U.S.C. Sec. 2312.(The Dyer Act is U.S. federal legislation aimed to supplement states'
efforts to combat automobile theft. ... This Act made the interstate transportation of stolen vehicles a federal.
crime.) The Dyer Act is popularly called the National Motor Vehicle Theft Act. On appeal the defendant argued that
the court should enter a motion sua sponte to acquit the defendant on the Dyer Act offense,but the 9~'Circuit disagreed.
The defendant should have had counsel at trial file a motion for acquittal on both the smuggling and Dyer Act offenses.

~- f~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 27 of 84 Page ID #:149

McKenzie, Wilkes & Mahmoud

merchandise that should be declared to customs inspectors. The court granted the motion for

acquittal. The court reasoned that he had no intention to clandestinely introduce into the United

States the items (watches and jewelry) for the purpose of smuggling. He had packed the items in

his belongings in order to avoid the secret police in his foreign home country confiscating his

belongings.

The problem with this case is that it has been marked for non-publication and for not relying

on the case for precedent with some exceptions with respect to the appellate court rules which have

been quoted below in this memorandum. It appears that this case comes within the exception,

because the case in subsequent to the year quoted and the case is one involving smuggling even

though this case is different on the facts. In the case of the Client, customs duties were declazed

and paid in the normal course of business. There was no attempt to evade any charges by customs.

The goods were inspected and $560 USD in customs was paid for two mosaics and $360 USD was

paid for a third mosaic. ALL CUSTOMS DUTIES WERE PAID for the items imported by the

Client.

CONCLUSION

It is clear from the research ofthe case law related to the statutes named in the Warrant for

Search and Seizure that the elements for smuggling are not present in the case ofthis Client. There

must be 1)an intent to commit the crime of smuggling, 2)the actual evasion ofthe customs duties

inspection, and 3)the failure to pay customs duties on the item imported. If these(3)elements are

not a part of a smuggling case then there has been no violation of the statute. It is clear from the

facts that the client paid customs duties on all items imported. He imported a mosaic that was

unrestored and un-conserved along with other items. He paid customs duties on all items. After

2~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 28 of 84 Page ID #:150

McKenzie, Wilkes & Mahmoud

legal importation of all items, he paid $39,000 to have the mosaic restored by a specialist from

New York. For those who know, the mosaic (in which the FBI has shown extraordinary interest)

is the depiction of"The 11`~ Labor of Hercules". This mosaic gained value only after restoration.

In the states the mosaic (after restoration) could be sold for $200,000 — $500,000. This would be

based on the relative ignorance of the US purchaser whether it be an individual collector, an

antiquities museum, a dealer, or an art shop which buys and sells artifacts and antiquities. An

experienced and sophisticated buyer overseas who understands the meaning of the now freshly

restored mosaic and its value has verbally offered more. Prospective collectors overseas feel it has

more value than prospective buyers in the states. That information came days after it was

confiscated in the raid by the FBI.

Based on the above case law this memorandum oflaw has been developed to show the FBI

that under the facts and the law there has been no violation of the smuggling statutes and it is a

waste of time to twist the facts in order to try to build a case against this Client. The government

seized this mosaic and other items in error based on information that maybe found to be unreliable.

FBI informants are not always trustworthy and reliable. It is suggested by counsel that this

memorandum be transmitted to the office of the Assistant US Attorney (AUSA). If there is

resistance to release the mosaic for any reason,counsel intends to file a motion to quash the warrant

and have the items returned pursuant to the case law in this memorandum. Counsel has already

sought and secured local counsel licensed in federal court in California who shall admit counsel

pro hac vice if and when necessary.

There is some concern that the Client has regarding certain documents that were in his

locked safe and which were not used for importation of the items seized. These documents were

seized by the FBI,after they broke into the locked safe. They did this before he was ever summoned

2~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 29 of 84 Page ID #:151

McKenzie, Wilkes & Mahmoud

to his house. They raided the home while he and his family were at a baby shower. They searched

and seized items before the client and his family returned to the home. The FBI had free reign in

the house with no one present. The Client feels that these documents may be misconstrued and

may be improperly viewed as possibly incriminating. They were prepared by the client. The

purpose was to mislead non-serious buyers and possible thieves who had already begun to inquire

about the valuable mosaic, subsequent to its restoration. These non-serious buyers and possible

thieves were persons about whom the Client was very concerned and suspicious. The documents

were never used in a purchase, sales, or importation transaction. They were never used at all.

The mere existence of these documents does not create smuggling liability for client,

because they were never used for any purpose let alone smuggling. No person ever saw said

documents, besides the Client and they were never a part of an import, sales or purchase

transaction. In fact the documents were drafted after the items seized by the FBI had already been

imported into the US and had already cleared customs.

Respectfully submitted,

/s/Attornev Henry NasifMahmoud


Attorney Henry Nasif Mahmoud
IL Bar License no. 07133567

CITED: FEDERAL RULES OF APPELLATE PROCEDURE

FRAP 32.1. CITING JUDICIAL DISPOSITIONS


Citation Permitted. A court may not prohibit or restrict the citation of
federal judicial opinions, orders, judgments, or other written dispositions
(a)that have been:
designated as ~~unpublished,""not for publication,""non-precedential,"
(i)"not precedent," or the like; and
(ii)issued on or after January 1, 2007.
Copies Required. If a party cites a federal judicial opinion, order,
(b)judgment, or other written disposition that is not available in a publicly

Zq
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 30 of 84 Page ID #:152

McKenzie, Wilkes & Mahmoud

accessible electronic database, the party must file and serve a copy of
that opinion, order, judgment, or disposition with the brief or other paper
in which it is cited.
(As added Apr. 12, 2006, eff. Dec. 1, 2006.)

CIRCUIT RULE 36-3. CITATION OF UNPUBLISHED


DISPOSITIONS OR ORDERS
Not Precedent. Unpublished dispositions and orders of this Court are
not precedent, except when relevant under the doctrine of law of the
(a)case or rules of claim preclusion or issue preclusion.
Citation of Unpublished Dispositions and Orders Issued on or
after January 1, 2007. Unpublished dispositions and orders of this
Court issued on or after January 1, 2007 may be cited to the courts of
(b)this circuit in accordance with FRAP 32.1.
Citation of Unpublished Dispositions and Orders Issued before
7anuary 1, 2007. Unpublished dispositions and orders of this Court
issued before January 1, 2007 may not be cited to the courts of this
(c)circuit, except in the following circumstances.
They may be cited to this Court or to or by any other court in this circuit
when relevant under the doctrine of law of the case or rules of claim
(i) preclusion or issue preclusion.
They may be cited to this Court or by any other courts in this
circuit for factual purposes, such as to show double jeopardy,
sanctionable conduct, notice, entitlement to attorneys'fees, or the
(ii)existence of a related case.
They may be cited to this Court in a
request to publish a disposition or order
made pursuant to Circuit Rule 36-4, or
in a petition for panel rehearing or
rehearing en banc, in order to
demonstrate the existence of a conflict
a mong opinions, dispositions, or
(~~~) orders.

VIOLATIONS OF STATUTES §542 AND §545

Violation of 18 USC &542 requires:

Fraudulent or false invoice used to enter or introduce into U.S. commerce any imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 31 of 84 Page ID #:153

McKenzie, Wilkes & Mahmoud

Fraudulent or false invoice used to attempt to enter or introduce into U.S. commerce
any imported merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false declaration used to enter or introduce into U.S. commerce any
imported merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false declaration used to attempt to enter or introduce into U.S. commerce
any imported merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false affidavit used to enter or introduce into U.S. commerce any imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false affidavit used to attempt to enter or introduce into U.S. commerce
any imported merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false letter used to enter or introduce into U.S. commerce any imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false letter used to attempt to enter or introduce into U.S. commerce any
imported merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false paper used to enter or introduce into U.S. commerce any imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false paper used to attempt to enter or introduce into U.S. commerce any
imported merchandise, and said act or omission deprives U.S. of lawful duties.

Violation of 18 USC X545 requires:

While acting knowingly and willfully with the intent to defraud the U.S., a person
smuggles into the U.S. any merchandise that should have been invoiced, OR

While acting knowingly and willfully with the intent to defraud the U.S., a person
attempts to smuggle into the U.S. any merchandise that should have been invoiced, OR

While acting knowingly and willfully with the intent to defraud U.S., a person
clandestinely introduces into the U.S. any merchandise that should have been invoiced,
OR

While acting knowingly and willfully with the intent to defraud U.S., a person attempts to
clandestinely introduce into the U.S. any merchandise that should have been invoiced,
OR

3~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 32 of 84 Page ID #:154

McKenzie, Wilkes & Mahmoud

While acting knowingly and willfully with the intent to defraud U.S., a person makes
out at the customhouse any false, forged, or fraudulent invoice, or other document or
paper, OR

While acting knowingly and willfully with the intent to defraud the U.S., a person passes
through the customhouse any false, forged, or fraudulent invoice, or other document or
paper, OR

While acting knowingly and willfully with the intent to defraud the U.S., a person
attempts to pass through the customhouse any false, forged, or fraudulent invoice, or
other document or paper, OR

A person fraudulently imports or brings into the U.S. any merchandise contrary to law,
OR

A person knowingly imports or brings into the U.S. any merchandise contrary to law,
OR

A person receives merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person conceals merchandise knowing that it was imported or introduced into the
U.S. contrary to law, OR

A person buys merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person sells merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person facilitates the transportation of such merchandise after importation knowing


that it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the concealment of such merchandise after importation knowing that
it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the sale of such merchandise after importation knowing that it was
imported or introduced into the U.S. contrary to law.

Proof of possession of smuggled goods, without satisfactory explanation, shall be


sufficient to convict under §545.

Fraudulent or false letter used to enter or introduce into U.S. commerce any imported
m erchandise, and said act or omission deprives U.S. of lawful duties, OR

~ 3Z
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 33 of 84 Page ID #:155

McKenzie, Wilkes & Mahmoud

Fraudulent or false letter used to attempt to enter or introduce into U.S. commerce any
imported merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false paper used to enter or introduce into U.S. commerce any imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false paper used to attempt to enter or introduce into U.S. commerce any
imported merchandise, and said act or omission deprives U.S. of lawful duties.

Violation of 18 USC X545 requires:

While acting knowingly and willfully with the intent to defraud the U.S., a person
smuggles into the U.S. any merchandise that should have been invoiced, OR

While acting knowingly and willfully with the intent to defraud the U.S., a person
attempts to smuggle into the U.S. any merchandise that should have been invoiced, OR

While acting knowingly and willfully with the intent to defraud U.S., a person
clandestinely introduces into the U.S. any merchandise that should have been invoiced,
OR

While acting knowingly and willfully with the intent to defraud U.S., a person attempts to
clandestinely introduce into the U.S. any merchandise that should have been invoiced,
OR

While acting knowingly and willfully with the intent to defraud U.S., a person makes
out at the customhouse any false, forged, or fraudulent invoice, or other document or
paper, OR

While acting knowingly and willfully with the intent to defraud the U.S., a person passes
through the customhouse any false, forged, or fraudulent invoice, or other document or
paper, OR

While acting knowingly and willfully with the intent to defraud the U.S., a person
attempts to pass through the customhouse any false, forged, or fraudulent invoice, or
other document or paper, OR

A person fraudulently imports or brings into the U.S. any merchandise contrary to law,
OR

A person knowingly imports or brings into the U.S. any merchandise contrary to law,
OR

~, 33
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 34 of 84 Page ID #:156

McKenzie, Wilkes & Mahmoud

A person receives merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person conceals merchandise knowing that it was imported or introduced into the
U.S. contrary to law, OR

A person buys merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person sells merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person facilitates the transportation of such merchandise after importation knowing


that it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the concealment of such merchandise after importation knowing that
it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the sale of such merchandise after importation knowing that it was
imported or introduced into the U.S. contrary to law.

Proof of possession of smuggled goods, without satisfactory explanation, shall be


sufficient to convict under §545.

.may
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 35 of 84 Page ID #:157

McKenzie, Wilkes & Mahmoud

REQUEST FOR RELEASE OF THE PROPERTY

To: FEDERAL BUREAU OF INVESTIGATION


ATTENTION: FORFEITURE PARALEGAL SPECIALIST
1 1000 Wilshire Blvd
Suite 1700, FOB
Los Angeles, CA 90024
Phone: 818-989-9632
(Field Division)

From: Attorney Henry Nasif Mahmoud


9538 S. Clifton Park Avenue
Evergreen Park, IL 60805
(219) 381-0859
Fa~c:(866)-439-1649
mwmlawoffices(a~aol.com

Re: REQUEST FOR RELEASE OF PROPERTY


MOHAMAD YASSIN AICHARIHI,

Date: June 6, 2016

Description of Property: 2000 Year Old Era Mosaic of Hercules


Asset ID Number: 16-FBI-002958
Seizure Number: 3410160067

ARTICLE NUMBER: 71603901984330317742

The May 17, 2016 certified letter of Matthew S. Rasnake states that the claimant may
request(upon filing ofa claim pursuant to 18 USC Sec. 9830 and 28 CFR Sec. 8.15) may request
to release of the seized property during pendency of forfeiture proceedings due to hardship. This
request is made in writing and the possessory interest in property is established by the Claim of
Ownership dated May 27,2016.

The claimant has sufficient ties to the community to provide assurances that the property will be
available at the time of trial because he has a wife, two children in the community. He has
employment in the community. He has no other ties to any other community inside or outside the
United States.

The continued possession by the Government will cause substantial hardship to the claimant
because the property in question is a restored mosaic which he spent in excess of$40,000 restoring
and conserving. It will be destroyed and lose value in the hands of the FBI, because they are
unsophisticated in the restoration, preservation and conservation of mosaics such as this property.
This hardship outweighs the risk that the property will be destroyed, damaged, lost, concealed, or
transferred. It has no value to the claimant ifit is destroyed, damaged,lost, concealed or transferred
and he will have suffered a great loss if financially if he does not preserve the property.

.~s
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 36 of 84 Page ID #:158

McKenzie, Wilkes & Mahmoud

As the legal memorandum submitted by counsel for the Claimant indicates there are no civil or
criminal issues related to the purchase, importation, and restoration of this property. The only
reason that there could be for the search and seizure is racist Islamophobia due the heritage ofthe
Claimant who is Syrian. He is a chemical engineer by trade in his home country of Syria and ha to
leave 20 years ago, because he obtained a patented process on hydration when he was only 23. The
much older professors and teachers were jealous as well as students and chemical engineers in his
field. He came to America 20 years ago to lead a quiet life. He is a simple man. He has been
persecuted before by the FBI when he was taken from a plane and interrogated for 8 hours over
some simple home-made soap. The episode is explained in detail in the legal memorandum.

This request for release of the property is made under oath by the claimant and recites that it is
made under penalty of perjury, consistent with the requirements of28 USC 1746.

Declaration:

I, Mohamad Yassin A1Charihi, do hereby declare:

I declare under penalty of perjury under the law ofthe United States of America that the foregoing
is true and correct.

Executed on: June 2016

Signature:

5 CFR —Appendix IV to Part 1201

The request for release of the property has been submitted and signed by the claimant. Whether it
is required or not it has been done pursuant to the 28 USC 1746 declaration (which is similar to
the 5 CFR —Appendix IV to part 1201).

All correspondence should be directed toward the legal counsel of the claimant at the contact
information provided above.

/s/Attorney H. NasifMahmoud

Attorney H. Nasif Mahmoud, Legal Representative


of the Requester ofthe Property

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 37 of 84 Page ID #:159

McKenzie, Wilkes & Mahmoud

CLAIM OF OWNERSHIP

To: FEDERAL BUREAU OF INVESTIGATION


ATTENTION: FORFEITURE PARALEGAL SPECIALIST
11000 Wilshire Blvd
Suite 1700, FOB
Los Angeles, CA 90024
Phone: 818-989-9632
(Field Division)

From: Attorney Henry Nasif Mahmoud


9538 S. Clifton Park Avenue
Evergreen Park, IL 60805
(219) 381-0859
Fax:(866)-439-1649
mwmlawoffices(a~aol.com

Re: CLAIM OF OWNERSHIP


MOHAMAD YASSIN AICHARIHI, CLAIMANT

Date: May 27, 2016

Description of Property: 2000 Year Old Era Mosaic of Hercules


Asset ID Number: 16-FBI-002958
Seizure Number: 3410160067

Purported Factual and Legal Basis for Forfeiture

The May 17,2016 certified letter of Matthew S. Rasnake states that the seizure ofthe above
property was based on ". . forfeiture for violation of PROCEEDS OF A SPECIFIED
UNLAWFUL ACTIVITY". This vague and unsupported statement pales in view of the legal
memorandum dated May 23, 2016 forwarded to the Special Agent, Elizabeth Rivas, attached
hereto and made a part hereof(see Exhibit F.) The legal memorandum indicates through the facts
and the law that there is no basis for the forfeiture and it lacks even the barest elements to establish
probable cause for the issuance of a Warrant for Search and Seizure.

The forfeiture, according to Rasnake's letter was conducted pursuant to:

18 USC Sec. 981(a)(1)(C)


19 USC Sec. 1602-1619
18 USC Sec. 983
29 CFR Part 8

The statutes above were not complied with and do not support the forfeiture and seizure based on
the following analysis that reveals no violation ofthe statutes and the regulation:

~ ~_
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 38 of 84 Page ID #:160

McKenzie, Wilkes & Mahmoud

See Exhibit F.Based on the Legal Memorandum,Exhibit F(submitted herewith),there have been
no violation ofthe statutes and the regulation.

Petition to Contest the Forfeiture

Rasnake's letter states that the claim does not have a particular form that it must follow.
This claim of ownership is filed before June 21, 2016. The claim has been received before said
date by the forfeiture paralegal specialist named above. The author of this claim has the evidence
ofits delivery to said specialist. The property being claimed due to ownership is identified above.
The following are items of documentary evidence to establish the claim of ownership.

Exhibit A Invoice of Mosaic — No. 131552 dated 04.06.2015 (this may be 06.04.2015
as it is in the West)

The Mosaic item is starred with an asterisk and the column reads in Turkish as follows:

2,00 RL 560.00 KG 450x220cm MOZAEK TABLO 560.00 2,00 ad 587.00 $ 1.174.00 $


(DOGAL KEBMETASUYER D08EME8L)

Exhibit B Payment for RES

Check dated 03-04-16 in the amount of$10,000 payment to Miotto Mosaics Art Studios
for restoring the Mosaic

Exhibit C Proposal for restoration of Turkish Mosaic

$37,000 proposal for restoration dated 12-31-15 from MIOTTO MOSAIC ART STUDIOS,INC.
and signed by Miotto(date next to signature is 01-04-15 which is obviously a mistake and should
be 01-04-16)

Exhibit D Restoration Report 3-11-16

22 page restoration report(last three pages blank) describing the restoration project and the stages
ofrestoration. Mosaic is a depiction ofthe 11th Labor of Hercules

Group Exhibit E.

1. Certificate of Origin No. K 0169797 Consignee is Mohamad Y. Alcharihi

2. Invoice No. 13151 dated 04.06.2015 (duplicate of Exhibit A)

3. Check List(needs translation)


Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 39 of 84 Page ID #:161

McKenzie, Wilkes & Mahmoud

4. Shipping document showing seller and Mohamed Y. Alcharihi as buyer

5. Original Bill of Lading no. TR20112063, sheet 2 of2


Sheet 1 of 2 shows Mohamed Y Alcharihi as consignee

6. Wire Transfer Request SWIFT/BIC: TGBATRIS


Wells Fargo Bank Originator Name: Mohamad Yassin Alcharihi
Dated 10/19/2015
Customer Copy Page 2 of4

Outgoing Wire Transfer Request/Customer Copy Page 1 of4

7. Department of Homeland Security


U.S. Customs and Border Protection
Entry Summary
Names Mohamad Y Alcharihi as Importer of Record with Name and Address

Soo Hoo Customs Broker INC


Invoice No. 124857-01 Invoice Date: 08/12/2015
Addressed to: Mohamad Y. Alcharihi hand marked paid $1,602.00

This claim of ownership is made under oath by the claimant and recites that it is made under
penalty of perjury, consistent with the requirements of28 USC 1746.

Declaration:

I, Mohamad Yassin A1Charihi, do hereby declare:

I declare under penalty of perjury under the law ofthe United States of America that the foregoing
is true and correct.

Executed on: June Zed 2016

Signature:

5 CFR —Appendix IV to P 1201

The claim of ownership has been submitted and signed by the claimant as required with the 28
USC 1746 declaration(which is similax to the 5 CFR —Appendix IV to part 1201), pursuant to the
letter of Rasnake dated May 17, 2016. All correspondence should be directed toward the legal
counsel of the claimant at the contact information provided above.

/s/Attorney H. NasifMahmoud

Attorney H. Nasif Mahmoud, Legal Representative of Claimant

39
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 40 of 84 Page ID #:162

Exfiiblt A

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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 42 of 84 Page ID #:164
E"n ~►, ~ ► ~~ C

MIC}TTO MOSAIC AFiT STUDIQS lNC.

PROPOSAL

SUBMITTED TO: 12-31-2015


Mohamad Alcharihi
36811 45th Street East
Palmdale, Ca. 93552

We propose to furnish the materials and labor necessary to comp


lete the following
work on the marble mosaic artifact, size approximately 7' by 15 `

We will cut up the existing mosaic in to 4 -5 sections, depending what


the details of the image. best suits
We will cut honeycomb panels to size, to match each section, in each
panel we will
install stainless steel TNUTS which will be open to the back of each
panel, these can
be used to install the panels on to frame or permanent substrate.
A scale drawing will be provided to show exact locations of these
TNUTS.
These sections will be back grouted with cement based mortar,. and
adhered to pre cut
honeycomb panels using latex re-enforced thin set mortar. Care will
be taken to ensure
perfect fitting joints between the panels.
The existing fabric that is now glued to the surface of the mosaic, will
be removed and
all the adhesive removed.
Any areas requiring patching, and or re-grouting will be addre
ssed, oncefinished the
entire mosaic wiN be cleaned, and fitted together to make sure that
no seams will show.
We will photo document the entire process of this work, and provi
de printed photos and
digital images on a flash drive.

COST: $37,000.
PAYMENT SCHEDULE:
First payment of $1,500 received for preliminary inspection
trip
Remaining balance of $40,500. to be paid in three installmen
ts
$12,333. as down payment to start project, purchase materials,
etc.
$12,333 second payment when we have completed 50% of the
work
$12,334 upon completion and acceptance of the work/^
,
Res ectfull submitted Ste hen J. Miott ~ ~ ~ ~ ' P ~~/" `~ ~~ ~
Acceptance of proposal and provisions outlined above,
Mohamad Alcharihi

~f Z
132 CRANE ROAD • CARMEL, NEW YORK 10512 •TEL. 845-
628-8496 •FAX 845-628-1845
miottomosaics@mac.com
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 43 of 84 Page ID #:165
Ex 1 ~ ,~ ~~, ~ i

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RESTORATION REPORT

The first step in restoring this mosaic was, to access the condition of the mosaic
and any damage done in removing the mosaic from it's original substrate, and the the
subsequent rolling of it like a carpet. Upon visual inspection it was evident that many of
the tessera were damaged, either through wear and tear through time or in the removal
process or rolling it up. I believe that many tessera were crushed when the mosaic was
rolled into itself, with the fabric on the outside and the tessera on the inside of the roll.
Due to the fragile state of the mosaic, and the amount of damaged and cracked tessera,
made the decision that the mosaic had to be set onto a new substrate, before
attempting to remove the fabric that had been glued to the surface. i believe that the
glue used was a neoprene synthetic rubber, that was used in the late sixties and early
seventies, this gives us an indication of the time that the mosaic was removed from it's
original substrate.

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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 44 of 84 Page ID #:166

DIVIDING THE MOSAIC INTO FIVE PIECES

Given the size and weight of the mosaic we decided to divide the mosaics into 5
panels. We carefully cleaned the back of the mosaic to remove all dirt and dust from the
surface, any tessera that were loose were saved to be used later for repairs. We first
used soft brushes and then a light duty vacuum cleaner to do this cleaning. We had to
spray water on to the back of the mosaic to bring out the color of the tessera, because
the Lime , from the Lime &Sand mortar that was used to originally set the mosaic,(the
method used in the first century AD to set mosaics) was still on the surface of the
tessera), so we could see the design and decide where to divide the mosaic in to
sections. Using a small fine tip razor we carefully cut through the fabric to divide the
mosaic in to 5 sections.

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 45 of 84 Page ID #:167

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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 46 of 84 Page ID #:168

PREPARING PANELS FOR THE MOSAIC


For the panels to adhere the mosaic to we chose a honeycomb board (20mm),
with fiberglass sheathing top and bottom, this board is very stable, strong, lightweight
and resists warping. Our next step was to create a center line running horizontally
across the mosaic; since the mosaic is basically free form around the perimeter, this
was necessary to be used as a registration paint between the 5 panels.
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 47 of 84 Page ID #:169

We then carefully slid each section of the mosaic on to a honeycomb panel, and traced the
perimeter of each section on to a honeycomb panel. Once we had traced all of the sections,
using a jig saw we carefully cut all the panels to size. We then sanded the surface of the
honeycomb panels, and scarified the surface with a carbide tool; when this was done we
stapled fiberglass mesh to the surface of the panels. All this was done to insure a good bond,
when attaching the mosaic to the panels. After placing ali the panels together, We then set and
drew 4 horizontal lines on to the panels and attached two stainless steel t- nuts at each of this
lines for each panel, giving each panel 8 attachments points from the back for installation of the
panels. A scale drawing was created showing the placement of all these attachment points,
creating an adjusted and calibrated guide map for the installation process.

y~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 48 of 84 Page ID #:170

SETTING THE MOSAIC

Since the mosaic was surtace mounted to the tessera, we had to back grout the mosaic with
mortar to ensure full coverage and filling of all the voids on the back of the mosaic; bringing the
grouted mosaic to a uniform thickness. We then put thin set mortar with a notched trowel on to
the panel, we took the panel flipped it over onto the mosaic, and clamped the panel and the
plywood supporting the mosaic together; and flipped everything over. We removed the plywood
and placed the mosaic on the floor. We carefully checked all the edges to of the mosaic and the
panel, and carefully rubbed with a wood block, and the rolled the back of the mosaic with a
roller, making sure the mosaic was completely adhered to the honeycomb panel and set at a
uniform depth. We repeated this process for the five panels, carefully setting each panel next to
each other making sure the mosaic was set at the same depth for all five panels.

i
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 49 of 84 Page ID #:171
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 50 of 84 Page ID #:172

S~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 51 of 84 Page ID #:173

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 52 of 84 Page ID #:174

SZ
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 53 of 84 Page ID #:175
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 54 of 84 Page ID #:176

REPAIRING AREAS AND REPLACING MISSING TESSERA.

Through out this entire process we had saved any tessera that had come loose as well as some
areas that were cut off the outer perimeter of the mosaic,we searched and located some marble
that matched the colors in the mosaic and cut tessera to sizes used in the mosaic. After setting
all the panels on to a wall, we fixed all the joints between the panels, making each panel fit
seamlessly next to each other. We then repaired, or replaced the most egregious damaged
areas in the mosaic ,using our judgement dependent on colors we had available to match the
existing mosaic .Care was taken to carefully cut each tessera to match the size used in the
surrounding areas.
To remove all dust and or grout haze created by the repair process, we cleaned the mosaic
once more with a light solution of Sulfumic acid. We then applied an impregnating enhancing
sealer to the mosaic , to protect the surface and to bring out the color of the marble.

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 55 of 84 Page ID #:177

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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 62 of 84 Page ID #:184

~;~Ki L~STESI
AAAABAL.AJ ADET 81RlM i{G. BRl)T Kt~. NET KG.
1,(lQ rtt 56x40cm BAH E St3S YA20St3 1.Qf! AD t0,t]0 5.bfl 1Q,0(T 9,f)Q
$Ox41}cm BANE SUS VAZO6U i,Db ~ lO,tMl 40.411 10,E 1fl,OQ
4,OQ ~t~ 6Ux~Ocm BAH E SUS VAZOSU 2.0~T A~ 41,fl(l 1p,50 ~2,~ 21.E
~,on ~a ~oxz~a~ ~+►+~e sus v~zasu 1.vo w ~;oo z,c~ z,oQ z.00
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3,00 AC1 40x4Qcm ~H E 5115 YAZt7SU 3.Q0 Aza 4,tH? 4.Q0 t2,U(3 t2,[iQ
3.OQ aD 64x4oc~r+ BAH~E SUS vAZOSU 3.~ na 10.00 10.00 3i3,OQ 30,x}
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8.~ np 9ox~4Ucm BAk ~ SUS VAZ~Std 8,~ Af3 12.OQ 12.OQ 9~6,tM1 96.E
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4,00 A0 11Q~cd0«n 8AH E S[i& VAI03U 4,QU ~i1 18.00 18,00 72,(70 72.00
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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 63 of 84 Page ID #:185

PO Numbers :
Vessel Name / Vo a e :POILUX DG3085
MBL # : TR20332Q63
Loadin Date
HBL#
CN7R # TEMU5168780
To be completed by suppliedbuyer
1.SeEler(Name and Full Address) To tre completed at origin
2.Buyer(Name and Fuil AdoressJ

AHMET BOSTANCI
CEKMECE MAH.82. SK. N0:3 MOHAMAD Y ALCHARIHI 36811
QEFNE HATAY 45TH STREET FAST PALMADALE CA 53551 PORT OF
I LONG
BEACH CALIFORNIA MIDAN1967@H~TMAIL.COM

3.lmporter of record number


To be completed by Cargo Trans on arr~vat in Us
To be completed by Cargo Trans on arrival ~n Us

5.Manufacturer or Supplier {Name and Full Address)


S.Ship to party {Name and Full Address)
To be completed by factory @origin
AHMET BOSTANCI
CEKMECE MAH.82. SK. N0:3
MOHAMAD Y ALCHARINI 36811
DEFNE HATAY 45TH STREET FASR PALAMADALE CA 93551 PORT OF
LONG BEACH CALIFORNIA MIDAN1967@HOTMAIL.CO
M
7.Country of Origin
B,Commodity HTSUS number(6 d+gits)
To be completed at origin
To be completed at origin
AHMET gOSTANCI
item# : HTS# : 690810
CEKMECE MAH.82. SK. N0:3
item#: HTS# : 680291
DEFNE HATAY
item# : HTS#
item#: HTS#
9.Container stuffing location (Name and Full Address)
10. Consalitador (Name and Full Address)
To be completed at origin
To be completed at origin
AHMET BOSTANCt
AHMET BOSTANCI
CEKMECE MAH.82. SK. N0:3
CEKMECE MAH. 82. SK. N0:3
DEFNE HATAY
DEFNE HATAY

`"REMARKS:The manufacturer (or supplier), country


of origin, and commodity HTSUS number must be linked to one anahter
""REMARKS:The details of IFS rules have been attached in anohter at the Gne item level.
sheet.P~s input the above data accordingly.
" REMARKS:At! ISF10 elements must be submitted no Rater
than 24 hours before cargo is laden aboard the uessel at foreign
port

6
~ 3
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 64 of 84 Page ID #:186

'JOYi,GE NUY. EiER

'`''~ _T~ ---___~~~oas


ORIGINAL .—__._
'
~ Cs~3f~ 8!LL OF LFtiQENG NUk48ER
BILL OF LADING TR2U3320fi3

PRE CARRIAGE BY` F7.~,CE C7F RErE'PT' FREfGHT TO 9E PAI[1 AT


_—__ ______w— _—,.. .___.__ NURiBER
~__ -- OF CR G~NAL 6EL~S tiJF' LAD NG
-- —
_ __ ~#ERStN THREE ~3~
OCEAN VESSEI PART OF LC7AD~NG
F~LLUX PART OF plSGHARGE F[NAL PLaGE c:F DEL~~ERY`
iS1(ENDFRUN ~'L4NG BEACH CA

MdRKS dNQ NOS ` N4 AND KIND D€SGRFPTfftd R7F PACKAfiES AND(:,LSODS AS STATED 8Y
~ONTAlNE# ANf~'SEALST OF~~ACKAG~S ~ SNiFPER GR05S 4'~EiGHF FARE AAEIxSUREAiENT =
SHIPRER'S LOAD 3TQW AMD COUNT SAID TD C{7NTRiN CARGO
Shcet 2 of 2
~B~vE PARirCUtARs pECCARED By SH=PPER, CARRIER rt4T
RESPONS+BLE.

AaDIFIDNAl CLAUSES.._ _ _
A@SIIf~87gR. AG a~d~alin!4lf ^.OS~4 m.;Wd~:ia~ buc not +~n~
~ :!a s¢cragrx. ]rniur;age as the aNem~a~=~:e ppn c~
balm an (omard-ate Sr&gnl atoll pe Eoe A4~rsr,a I caya6+~ Crr~~ s ~:e=:~F>

~y
F'LAGE.AND,DAl'E ~F ISSUE MERStN 07 JUU 2015 SIG'VEd FOR TF+E CARRIER GP~iA CGM 5 A
r
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 65 of 84 Page ID #:187

.._ __.. _
SNfVRER
VDYA N M
AHMET 80STANCf
CEKMECE MAH. 82 SK. N0~3 ~G308S
DEFNE - HaTAY ORIGINAL T--"T~-"" ~""""-~—-"
B#LL OF LADING HunABER
BILL OF LADING rR2o3s2o~a
CONSIGNEE
~_ _~~~a EXp('~R7 E2Ef~RENCES
MDHRMAD Y ALCHARIHI _. , _, _. - -- ___ __.___.__._~_ —x
36811 45TH STREET FAST PALMAL'ALE CA ____ . -- .-_----. ..._ _ ___ __ ___—.-__
83551 PORT OF LONG BEACH CALIFORNIA
Midan t967~ho~mail.com ~~'"""

~~~~

NOTIFY PARTY, Carr€~r ~io ~e resPe~tzi faF fafiure tc ..r~'d


e r~Nq-
SAME AS CON5IGNEE CARRIEI2,CAAA CGhf - Sac e€~ Ar~nyme au capital de
175 000 OCO etaros
Hesd Office: 4, goal d'Arenc - t a0v2 f~4ar~eille -France
Tel (33)4 88 4t 90 00 - Fax'{33) d S8 Al 90 95
B Sfi2 Q2a 422 R.C.S. Marseille

FRE CARRIAGE BY'


PLACE G3F RE~EFPT' fREkGFi7 TC BE FRED AT NURIBER ~ OR'.~.a3MAL BiL15 C3F LADING
k1ER5.N THREE ." _
_ __. ~CEAN.V~SSFL ~.._.~ r_.POR7G'FLOADaNG
POLLUX _ ~~ ~.~RTCF G.S~M4.RGE --~
9SKENaERUN -.~__ __ F~Nr~_PL/;G~G~DE,,.IVE~Y
LONG BEACH, CA ~__.._._
TM
MARKS AND NOS NO ANp KIND D£SCRiPTtt~N OF PACKAGES FWQ G{TC1DS AS
CGM ~AaNER AND SEALS ~' flF PA .KriGES STRTER BY SHIPPER GR05S+:L'E$GNT TARE h9EASUREMENi
_~__.e_.._ __._L_- --- SH;FPER'S iAAD $TCSIh+~¢hID C(3UNT SAED
_. _ .-__.___~_~~___~_.__._-- .—._--- TO CflRI7A4N CRR~(?
_.,_.._. _, ~.___..__. _._.,.___ _______— .. __
1'EMU5168780 1 x 20ST ICGS KGS CBM
B2 PIECE(S)
3871E 88215890 1763.000 2230 25.000
GARDEN DANAt~LTTAI. VASE ,
M~3AIG TAHI.E
HS CODE 69D810,686291
TOT PKGS 82 PP
FREIGHT FREPAID
FREE IN
Sh3~p~d on Beard POT,I,UX 07-.IUN-2
15 (34A C@f 3auSh Tuskoy
5hp•Agane~ JSC As aq~nie for
the Carrir~s

~`bt~..(..GR' ~C,;iP~1S~s~~"sd"L~RK:~'f
CjE?l1~ACFi~1 c~ rl %,S.

.. . N~~r.: ~~ -

j _.

Weight in Kgs Total• 1 CONTAINER{51


Sheet 1 of 2 ~?63,pOG 223u 25.000
ABOVE PARTtCUL4R3 DECL4RED B1' SHIPPER_ C~RR~ER
[dC37 RESRONSSBLE,

_____.________.---- _._._. _.~..~._._.___..._-~____


d Cx~yo e~ Pon ~a~ rasc...e• rmn, aa~ensa5 ~~ _____.A DITI~'.VAL CLAUSES.
e~s€a~s~u~Y P25 '~c s^ _:c' ~-~r.; zar~s ^a', ^= Car'.: na. ~:ar-. ~. r,~
5 FQL ::^tla 6n^~.' .~ ;~ ~~~s c :. aQ;q ~-'?e
c
*l-~s~car _ra. a'~ 3. ~i 'c~ a .cc :, ,~is' .~a~m, ~
.7 T*~C a1 ~~84mapcn ?~e va4lm by cauign~¢s ~ :9 a ~ ~k. l''d
>a~ _ _
of oar q~,:.:~;-:' is%fF 9~ ..5 as '. J ~ n. .] z.
f97 Unless It1e value W 9argo s Q¢tdreA _ _ .s a 7 c ,a o ,. s _ ; ;: a., y a.~ ~ Ps, is
c~ 9~ taCe of t7us c, N iad~n4 ar wa:L~. ~, oho eo~i~x~^+a - _ ., ~ . .., ~a~+~ r_,r_~~ `.
~r as 1paf~erSfl. kmdafroR of haoriay mraaC¢c~oi sc "-.._ _ ,-.ss -.e _,.,,a~~= _, .-. a_ ^d: ^-. ~ d ~ ~. _ , css _~
p~epMk~e,or cuslcmaryfra~gRi umld ka - . a~^a9n E~nr.~1s ~'n - ~,~c'd L°5: ~.
~pAs ate ne~sd~~~~1rp~C~ara a c~~ s .ar r
te a. - a~9„ ~a a~ ~a h d~:sgna'cd
19L. For the purpose o4 ilu PrusenC carruagP. ;i. da, _,. rte: ~a.: sr cas_ a:o.g s,n _. ~a ~e~s~~ .. '.c~ilrutd
c~us: ?d?23 scar s~.~iude tke~ a_c ~a~r_~ e' ~-_e as ~s~ ~r ... _' ., - .c v^.e .~
v~r4:Aru~sar0 r,~es. 2404 -.f, ..,r Carr ~, ~cr a _, c- a .:. sc ~..^e~sm,c> e..yng
_ .. - 3.,;-~ . . -~ 1. ~~ ~.r ^: _ ~;:~~.ed aarca6 ~ ?~ .a~ ~. .:,, s:.r ~i n a~..c~~ ,ai~e
i7a U.S ~smu~ro a~M cicaesnUon ~rtCdwriS ~e 7r ~ ~. 1 ~.a e d ~ ,;r. Ca
Pi~~ -ti CxAA•CG.0.. da.,
.,_r.o~~. s ca a-~ '~:ss ~~~
cankTeClB hS~d w~~l liaa fM.G Q 5. ~'fC .,.d ~c i
YC '.I"'~~~ .d 1 P.~.~ JX' 1. .- ~'IA:^C ~ ~~3H
a1~ AA~S-+d6:.kSrd{[D+t ~I c]tgG w2tghl etldaa~9ers ~tan~. „a,'^ :]a. i-J ~,c 3~v'.a'.'~.3 CT .c r.~•~i
P+~w~ncurs arse .ess2~ sa~~.r . ~^w ,:a~-_c ca: ~a...~a ,. _3. -~'_. i i~.c n> - „ ~~c ~e~_ar
tre ire~7hed et anq ~f~a and loos of arrs~ge end any ~~rta ,c- ~'..:n-•, ~ro~e~'ad a`-~:r l~pr
mss-~.iaras ~ xa~. zcpcse -, io ~ _, ra faa aw
posses, er,~rinses or damages w7~ateoarar r@luflmy fherpet ~. c c~ ~~ na
and x suG~. ~ pr. ~ fir+ s~~::^aria ~ ~~ :n~ simv 4:w~.. ... ~ aYocu~-3'M VS west -ast
.a~ ~e.nq• .a part wr4havt a-"s ..~ y- .i. ~ ~ axc~a~y~,a
~ 4 ~ t7 evae+9~
rtct+cr.~ - surle_~, ~ -or ne on ~r ns n. 9, •i ~ , i . ~ ._ -..tci p-
.;r; of
RECEIVED by the Gamer }rom the shipper in app8re~t
good order and taradAknn jur~ess olhe~+r:~se nofed harefnl
~ntl~cated above sTatetl by the shipper to eornpnse
pie cargo spy=.fad atrOve FAr 3ra~spoRalaon g~r,ert 3a bne Idal n~nber or quanVfy of CrsrNa~ners o~ uL~ter pacacages
a Mee teens tre~~f ; ~autltng Iha terms on Rage one;from o~ unris
poA of k7adipg, whichever is app;rcabte, is the place of rece~.
Ch6 pOri iN tl~ScnBrge flt the pl~e of d~vCry_ vin cheve~ s ~pW~ca~Ve [ ae the
ct+argcs On preseritaoan cf fh+s Uoc~r»en~ (du~y endorsed} DE~ '. ery of [he GgCds arl~ onty OC medfl on peys'rErn
to Ib~e Garrae~. Oy Qr on Dehatf or try ~p#b~r. the ngnts and ~.ac of a" Fir get acid
projudice to any FWe of cortimon IaVr at statutes r~ndenng i ces a-s~ng ~n accordance with the te~€ns hereof sne~~ i.v
Them amr~rig upon the shiaper. norder and came~j isecr3me t~nd ~~w.
rnntrect contained herein or ev~dancetl t~eraby hid ~g •n a respe~Ms netWeen iF7e Camter a~td Hplde* as
teen nroade between teem
All cla:Nnp antl aetlons ansi~ batwasn the Comae and t}r. inougr~ Ine
Maraoiib and no o1Mf CouR sAall have )unsAtcYpn wrth M•rehanl in rotation with the contract o/ Carc»Qa avidonerd Ly ilus Bill 01 L,tlinp sh~~ aaekntva~ kfs brought
ngartlt to any such clean or action. No1wn3~a.anM}~y {hs above. baforo Tribunal ao Convrrrca as
wh•ra she tl~i~ndsnt Iris M~ lagiitentl Wfiea. fhe Carrier is ado entlHod to brlt~g Itw Gaim or aetimtthr
btfore tl~a Gout! of the place
In wrtness ~ereo}three r3) ori~ir~al 8~i1s of Lading,
unless pih~nusse QFatetl above, have teen ~ssu~, one 9l
~vn~C.~ ber~lg accompirshe-~. ire others tc oe ti~a3d
(OTH€R TERMS AND CONDfTIUHS OF THE CQNTRACT ON
PAGE ONE)
e —__.— ~ __ __... ~._ .._...
_ __ - _ _ — ._ .. _... _ _ .
' I,.gCE ANp LtAT~ OF JSSUE MERSIN SIGNED FOR THE CARRIER CMA CGM S A __ _. ~ _ __ _
~
J7 .,UN 2015 _. _
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 66 of 84 Page ID #:188

1l~ire Tra~sfe~ S~rvi~~s ~ r


Outgoing V1li:re Transfer Request ~ ~~
Tnda3~'sDate, Wells Fargo ReferenceNumbrx: ~•~

Banker Name: DffitedFortfaho Number,

BankerPhunc Store Number BankerP;U: BankerMAG

Outgoing wires cannNy besenrfor Wells Fargo customers.Provide the CastomerCbpy to the customerensuring you give them the Vshre iranefer Agreementnn pages 3and 4. Note
WeTIs.F~ago Wire Transfer 5ernses v~iFl route wirEs based on zarresp4nd~t banking relationships.See the WirE Transfer Information forexplaray~ons ofthe Mexican CLABE number,the
$VJiF~ B1C,the International Rfluting Code(IRC'~ and the International Aank Account Number("IBAN").

Originator's Infnrrt~ation
OnginaEorName: Street Address
:
fCF?h.SC ~i-:~SI:~ ~%xR=i= ~ ER~..~ _.. :-i ;-n=.
Primary Id Type: Primary ID Desccip~om. ~ Address L~rte 2:

PnmarylDSr/Ctry/Prow flnmary9~asweDate PrimaryiDfxp~raUonDate Line 3:


^`i 'ja ..7. .Y .G
5eoor~darylD~ype; - - - SecortdarylDOessnption: .--- ----- City- - - - - SYate.
~IiV>' F=i 3i~~~a= 0:1
Secandary3D5tate,'Country. Secvndaryl~Isx~eDat~ SecondarylDExp~ra~innDate: Z(P1Postal Code: - - - Cauritry:
'
~ ~7~ — Gee.._ _~

8i,s~ness,T.rust,arEstatelVame . Home Phone: BusinessPhane:

VlTire Amount ar~d 5o~rse ofFends


Lreat~ AU: Debit Wellsforgo Account Ba~ktC01D: Amount(t15 Dollars):
_~

$~rtefiCi~ry/Reeipierlt Ili~~lt~atinf7 jTh;s is the utumete r~p~ent ofitfie wire vansrerfunds)


Benefidary/RscipienYhame: Name(Addressline 1
Pz~[+e~ Baetanci C~~e== ~`a;c. __ ~k.
Bendc~aryAccaurnNumherllBRN(Fare7gn7/GiABE(Mexico}: NamelAddresstinel:
=r2~~t~062CCii5~:1~=)~~~:~~_3~ ~:~ ? tee=-- y3=~1 ~- -=.~ __ ":.
Purpose of Funds NameJAddrealrne 3:

. Ben~c+ary Phone Numher.


Additionallnswc[ions ~ —- - --- - - —

~• PagE 7 of 4
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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 67 of 84 Page ID #:189
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~y scgnatsrr~ ~~~ indic~res ey~ce rfni Er atl of the u~'vmiatsm an this Oatgamg Wi,e Tra~sferReq~gst and to Fire ia-ms and castdi#~ff+~ ttf;his ret]uesl. ~`~`eils'argo is authanzsci tc relu
on tip? m€orrr~ai~ari ~n U~{s Re~~Est ~- r :sn~ ls~e r~ou~te~ funds transte:.
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fdaspt~ts33l~i~~ty ~9' `~~~. ~~rgn. "~~ ~s~rE ~r:~r~r desa~~~' erg °~~ Qutg~~ss~ Udjrm 3ean~;s R~~uas~ gaga i)~'~rder'~ may ~e s~ra~ by verse ?ef a~s~i, telept~~e,cat~i8 r, Na:~atevsr
oG's~A L~ra~ini~a r.'FEt 1N8tt~ f8rq~ c~nsdErs To t~rea~o;~a~~.3~8 wi~8tCar+s~ rray be Fr~smrEter!directs ~t7 L'rB S~~Gary 9~nk (ihe,`ssTa~c+~D ir~svtrsd:en ~esi~nz[a;.an 1t~e
R ~~ as li~~ ~e.~teftC~a;~ ~iat;~. ac ;~r~:r~t~6v to U;e 6~eF.c~ary 8&n`c @~~~u~tt on~tsa~ ixa!~#c, gnv~nment 8~e~-aty,~ oL'~ third pa~4!1 Lnat Weis Farga c~F~~rs t~ k~ reu~raatsla i4Eet[s
Ear~o may uii~~e any fi~n~si2ms~~ ~y~t-n pr rrrtesme~5~~y E~~+~ r;:~~ca~eahi~ ~I~e€t6y melts Fazes. e~ren ifids ~lecam:day from ~srucvarss €n Ups rectaes:.
~,ge:f2. Wells k ar4_a may use ag~r~rs 33ai5 ~''fl se it~r~~m any c-f ~§s c~lsgat~ons,
E.i~ni €inn czF €iafiaitit~. Uktelis Fsr~a wrt~ ~~~ trP kale i~ sny ~i~~ a+ ~er+~age ~u~ t~~2failure. D~iay. cu ~°cor off:(3)~t+~ rr~e~gd ~.` rra:~s~is~ar~ se3~ted #~y ~PJel~s Fa-~~. lZt a ;.~ar~
p3r{y 5~#etC~d [13t1~U~I#5f3~~o ED re6e:ue t13~ Qtt~`L~:~. ~x 433 rtu: A~.o~ B~rtk. €t~ Fi'{3 ~~A13' Ll ~t!.l.S FRRGU ~E E{;hBd.L FOA ~3AP~iA~r$ R~S~tfdG l71R£CR3C?`~ iAF~a~~F~'F THE()RU R
IS i~~Cid~ Ct 8'f}ELLS F,4RG01~ ~~€3r~9i~i A~~ 1~ r~Cf,URtl111~~E Y~lfiH iH~ ~E1 €~;'6ii~ ,~,P.~E?~~;'T.Rc~Af~LfSS 4f a~~ ~ QfZ 1+t~7i]~€ flf Atr`V G+A~RAA ~ AC;14~. E~ t~~
E~£NT Vti~l1 +AIf'.i5FlEh~iD $E L#A.O~ eG"R Plti~i~l'lil~, ;~,'Cf ; 6ai ~R ~~~e~i11~ti"1 ~k'~1 D~AGfS~ VRFN£i}#zP QR iL~pT ~`i~4~5F~~frO ~siiA~~ F#~JE ~f~ Af~ViSf3 D> 71-'.E ¢Q~513~~iTY p=
SUCH E~~~9AGE5.
~fe~i~r~r~ ors frr~ncr ~s~~ ~~~~c#~.'iou a~cnp fqe t'~a~yev ~+ ~~a-~Q~~ ter pruvidi~g ~2~ts Faro w t~ af; Ers3 atirr~ r~~~s~~ butr€e ~~!~c~a-vs'~~ras. int~u~fng ts~e
` B~SStd~) IClT Fi~~E1'-~ 4 re~~~r~~;. ~er~rr~ s~:r~ arc t ~fte r~d~~~~ ~ss~~a.;:a~~~n cause the ~a~e iu beds ayes.rewrrietl.~'855255aG 8~~K4~1~!fE~'5. f{ i3 ~'Ft'0 V3:t~~BC I'P~!!L'~[
~~~ibes tie ~en~~ t~ revs+re tn¢~:ire ~rs~er f`~~s~Focs~~"? ir~a~rsEsterr2ly6y rt~ree astt# acca~rst rnem~r,the um~e sar~~!~ ~y6e r~a+3~ a~ the tias~.~ ~r C*~ &cccrurn f3u.~sr even :t
t:~e acto~~rt numb~r,d~af es a ~~txrr~ ~i:€~er~a;~ Ps~:~ Gwe3:asefisa~'~. ~i a ire t~rrsfet p est de~n~es2~`rnanrJ2i ins~izsAnn ,~~+resst~.Q.ip ~~ nameantl se~~t~iicr ~~:+ rum~~r,tf~
~~''QfYi~~C$LiC~fl 791i^l~~.P 145`v ~'~' P~Cf~GG U~!$is 35 Y~~E CtiCifSBf fC~L"04~4i:~ice,,~fche fimanY.xsl ~~€~s~t~~:.
4nt~rs~~8s~rr~i Wiry Trzr~s~~ds. ~ Pa rr € ~cl~ rxa^ess~ ,~ l'.5.f3olFas va;A b€ s~rst m U.S.~E1ars.Care~~ r ay rer~tte5t th~?t pr+ar tt~ ex~.sstrn~ a ~aq+~er+[ ~~r- t~Jeklc;aPgc
~- ;ire~? th.a^~~lzt Sa t;~ toa~~fe~rr,~' €€am ~.a. pol[azs to ire €essr~sssy As a s#~g~ated foreu~n gc~e~r~i ar ~aeryovemmenta3 cggar~~zati~ !'~aae~gr.Cfsrr~-~cytat:~+el1s ~a:g~ s s~:€~
~Z{a iG~: ~lCh~~1;~~ •.n pfin~E ors .sTfi 173t@Ys;3f~? F2'-R~ Bk@CU#~ ~H~O d'~iG'?~s4I ~fC1~i'. ~E th8 ~r;F8txt81 trESi1~.IFTl4~7 Q~„_S~Y12420 iL~ PE'C2iW %hG'{'d~3iL~E dU~S f60i Q8~ ti1~ !)8Ct~ni:~~ $~Jteisi F1 2
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'raprrc~~[ t;~r~r pa~+a~~e i~ ~ n;~~~ i:a~r~:~~y ~~d t~ ~unt~ ~~ s~tiur to ~lfelts f~tg0.~I~LS Fa~'~t ~n49 nitt~ it2tHs fay 8sw:s ~ sxc~5 a° Ctre va€me ct'thc «~: a~:c:~~~."•~:~e t~e~
c~nue~t~s1 fremr~~~pr Cutr~v~~ :t;ZS.U61P~r5 ~i Lti'21i; Farga 5 ~aav r~~~~f #'x~~e st G`te tst~se Yne tartseltd~ait of the PaYr.'terri(3r~er r5 cDr~im~md ~y i~elis r ~*C,~. V~~l's5 `r~rc~ ~s➢~ r.^,
pe i~ab~ For any F~rE~~,~ ~:~ ed;s~ ~v arry firsanraai i~ss''~33tl~~ lit ~~C.'i~,3d j33tY)+lt9 the d~~~Bt9d fC~ei<,irt E(1uI1'S}+[?: G~xE~Ut6Ytg (3i+3ilPng W ~CJkt'Sts~r F~lylREni ~C V45E41~'~re.~

~~kCt'Ff~, !f u+}~ $~!1£~LF6'aji ~$j'1~ d1eS R~? 93~' i~7e i~~!€s'~SJ S'~7~,",F~~ ;~7 I~ ~f(~fa.8 fE~I.~RtI 1~~(Q ~B PIPS$ OR~ r'ti'tBf ~Eli3 ~ &f[~0 ?tv,s FL",.@R.`~'0 ~U~i:i78tfiK~ ~~L~ E EECtF-v`G'~~4C~ l&~.7~:
c!the Qrda..r 2nti J~:I~ ~ar~fls rn f~~ ~cas~~~sis~n esit~ 6ur~ fieEuEe~ gas ~acm~'ked ~ ccy t~i~~ e~ie~s 1~ QtGa.{~ ~''~e wdsr cs payahi~ Rn Faaeigr+ i.~r, .i~~#s €~P~ v~~~i ;,ot be txeh:e
`sir a sum r~ exce~ c~ :ate v~~ n►~ C~~~ a~~: ~t ras D~~~+ eQrve-t.~c3 dam €o~ G~tr~ty eca l!S Q~1~ars ai~'~ Far~a's t~s rv+~g ram hu ~xeh~~ge at ~~~ s;r,~ as =:he ~nc~zz~r~ of
the ~:dsf ~srA ~r^~ed'~, 4Ffelis F~qt
F~~ure t~ sr~tts~er Rrap~r lRr~rr;tnt ~: ~es~s :ergs ,s ~s~ae~e~ n sib ~t s ~a4 a*nourtt stdm ~ iteaue~ Vi€e~;Fate's sole ?~zb~ti:g~ +~nli tre ~n ~ar~tl~ eu€~::tz a
ge:and P:;yir,~rsR ~r~p m Rhe ~~rtsit o#' ifie stated n~::~y.:~ t~~eYts € ~rg9 ~ te5 zn instsu.^tk~'F inEat a+ ttnE amnrsrz ~~1ra tt~e Rastu~st, m ~e ent~~~t i~aP C~ ~c~cratvr ~+oe~
:ot cr~sive ~'~2 be;~~~~ ~ E~ t3r~r, !~~lL Ferga t~Ei only b~ Y~ ire any ~sss o€ u~ ~xinra~! am~mt Ua,~s~erred ~r~ e aF t~arr+a~rr~ s' d a~ ~z ~~cgu~~ inst~~r?~a~s.
.h~~a~auta9l~. ~4te9ts FaFga ~nY3 n~ fe2~l~ fir iFre an+c~st ~ srst~es: tt~~ ~~~ur Eras ku: d~~~ to ~e crans€~r c~ tt~ sxces~ a L ca~~c~# ~t trs~ d~~ cam:F~~al gr.:r:~ -ate.
~iov~~~r~r, lk~e8is ~2.rga s Pe~b~li:y frsr krts~ u¢ ~~st~est ~a~b t:~t~ ~ ~y (139 :,~~,~d~r dae s ir~€eresi. was ~ti€~ s foss ffitall~ F~~s corrr~~~t~ t a~atacy t€r ~e oa~:~=ssE:ed ~rde~
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Fsrsat~t~ €ef c~s~f~ss. ~ ire ~~~ w~Ei is~ iclas an4 vnli not ~ ~ui~~:d to std ssymerd trr r~ralf, e~r~p. that bl~~i~'ratga may, et G'-~e oru~crta~e~r s ~eaue~u make an ~~vrt to e~~esi ~,~ sty.
;.~mes~rt or recast. In s.tc~? use. Y~i~ Far~u: an€3 ;rt;~s n~ faa~ht~ gr~ its fa~sre ~ 3¢+t}r eff bra sa.
~ae.~. #n adtkt~ €Q ti~re c~utgrs+s~ ~,nre trans€~r fee. ~s~s:~~.~} e~ray app;. Addi~a-ra6 fees ca,~ xic~e. ~::it+~dE ttCtt h~titBd x4' Zd7 3i~dti][t+"t24 `2~ 4L=s bdst?t t[:sia~?C iT~n5dS11s::i5,
~B.~dmenttees, s~aLm~t fps, Fees a ivy seP4~s~,•y ~i'J +~t ediary Barsky, sic.D:7 ir~reaY's~rai [nstgci;t} ,r~ a ~~V~i' BJ~. fR~, lEi~ ~ ~lA~£ mrm~ ~s rYac p~ova
the fore~g-: F~2:~~s rn~y ~tt~3m Ute anv~ ~r e~;ess a ~erstfi~ara~ ~~ Faryo fr~,-~fer Fees are ds ~ ir, tau Wiest r~eri f ee a»d fr~fnrnatiu~ Sd'redule a-ag ce€a~ arne~c~+er~s.
~ct5 ~f Csts~, 1Netb ~~~.ga ~s ex~a~~ ~: ~~a~ ~r ra}#~~-~ tai e:~c~t~ #~ (~r~; t~ its ex~s}i that tt~ G~~y a~ `a~.sre re~ssi~ ice~r~ ~ ease Dey~~i €f~ re~sanat~ ~c~~ ~ 1~'eils Fasc~-

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f 9Pa8 l~~is&'~~~r: Y~+3e s;~~t ~~'t ismve S bask ~ f~~E b~#€ca .~.~5 t~ ~vi€2 ~5 2 E~:t t0 VS~¢N5 `e arpe ~i.~.~ cF~'{g8$E, aufn Iaar!, elt.i.1$~e are ce[AsereS! ~a
u~ls~ tt~ mo~se~ +s ,r~~ ~o, tQ Hsu:e [wins are r~ b u~ t~ ,~i t~ara~a~t ~ tfi°-~ a~vi~. L~i~Lei an a~cacs~t rnsr~t~er f~ ~'as l~es~e~~~ t~R a corr~ete ~}~:at
fit~Ore35. ~3? }~~ ~.~E? tF3~j ~P. Et3~ VJEt~t7 t20 E{SA:13tE r1[F~'Fb9f s5 'p~'si,~ PQi LhE ~P.~':C.fEa'y.

izt~~~ic~~aa1 area. ~At:r~ ~$~n~ Co fared c~~€ter~ F~~-;t~~e ~i(?r:~eenl r~anaas d big ~ rem fr~r~iym ctsua~tGy. Af! mare trader tsayrti~r±is sksiniatJ te- Earcpe ~he~4d
z,~ 2 ih£ `J ~ aa:l'1~( ~¢2~•.'T~i@f ~DY.~E (~~~, ~'PiF~m~l,'!'i@S R 1TL+ C (IR~3 $5 r'$1~tC813~. ECdf4f F7a!'i~Gtp~~'It~1f,(H3f?NN't~~5 EhQ t3efLEflGs~+fS I~Ef:?8Fl[lTI31 SoE1~[ ~...3~U•'i° "ut3F~~~
~i~k.~v;. k~~-xes~ harks re~~re ~ Ct~E rnr, rr a~p~~ t~ ire ~ ~ ~~.
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~.St~fFi' Sa c k~rt`uater Cie i~'VI~i~.Th2 ~ 0~' ~ E G`i~~[iC" Smearf' ~'{G t5 ~ ilr4s~!!£'s^a ~S 4f 3~Iid fH1[:t?,rtC C`~C3tt~lS Sl3at 32@173 l8 ld8f#tff~' B Sf3^~~i~c ~~~-.2~~s2i :nM~c:,t~~-+ ~hP 5i?~;r
$~ SYl01fl~',L Rk5I8~~ fT4fi ~t2 bPJ3~(tG3~.!fl 2t'IStlt2 ~7r1'~#~ Cft'3ts=EG§ ~ bQ ~71~ Ebb'# irit2:it&UfNsd1 f~tl{~Ok9Q SWf~S Iti:~stfe tP~ St?d!f'e B~ e ap~hcub.~.
i.i r~xaa~ia~z~ ~ts~ut~ng ~+d~ ff~3, S~~ c~un~'ies iPn^n~ra € irn~atran2!beta €a•;aara,~eit~ ~~12 cre~€1ir~rrr~ti irouting codes. ~fiue: ~,-~ ~sg~ in cor,Zb=;v~ti~~
month ~e SU`~!Fi f~lp to asd +~ rcx~3mg Lh~ pa3xt~tt#,`resigh a st3~sn o~sce try a br2r~:.:~~ cas~~ ~.as a sue. c name #or tt~r rtw:r[sng cote ~~.e.. art Coti~ !r, Ns~ iknteai hrrt~~~
:,~n~t1 mettEs l~ssgu~~a~tt i~aFer~ lk~►rr~~s to i',ai's~da1. f~rr' ate tctarp r~a~ provrde the ir~t~tsrai~ti^3{ IOlI~I-~ Cif' W f857~Jst328 ~PF_,EfrF t1F 3~ itYktY12{10Y1~f FJ33j11i'+~ SE:1L~171~
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~A21FG Yd:~YdC'I ~~ ~C 9~['fP-1a PS ~~ Q~9ti ft7~ 9+siF2. ST ~a`~E I'~C2~9~.^j ~*~C C't~ L~~l~}ZE! ~ id3s'~ W~F~l1 Ii'€1$ Fi4;~6i'!~± F5 tt~+!' !f'f~ifC~'~ ffi i'}'1£ ~3}Tit~71~ u't5ITUC$iOftS. 3~~ 3i~i~li~v
ate.
;.Ir~t~sa~unai dank ~cea~
; ~t~(~: Tire ~A.ti s~:~ ~y sxusrr~y~mst+tuti~. W~mg! fhuy the bar~M rrg an actasu~:tcar~ gro4~ t~se erect t&4Iti of ~.t
atcourrc end rw~t 6e air from U~ b~r~rs~eey of the tv~~.~a use tsz a ~rtics ,~ rs~y ws~ac+:~ iBAfd carp daisy Ghe vw~e, t~ kite recenctrtg ss~~bt ~+ag ~eium t"2
moue ~r?+en t*;e IBk~t ~s nQt mctuct26 nr r,#~ payme,-,t ~nsc~nons an3 a~R~c~~1s~~ rr~ay be sss~s~t.

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Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 69 of Seni~ces
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d. lrscF4n ~an~s~aiaE system Cede @FS~3: Euerr.ind~an haroe naya urnque eleven 1111 tha~act~*rat~ha nuner~c rune ~GenUfy~n~the banis ~ra*n~ t~ recNrv~ :ne ~~n~e tra~33~er 'u
CnSUrC Y;r?E~~y' delivs.Y, please ~e sure Chat rcRerttat~ona!cutgo~nq urge,ir+rFude the 1FaG ati~sre ~:plicapie.
y,l~exie~ C~~~E A~eourat Ht3u~xtb~r: A,~exica~ na.;r s noweeau,re an'i8 ai r# C!RBe accos~~t nunbe he ~dtled to the ~refrc~ary ~nsVuctioa~s tc ensure payrr:~~;. i ~.a ~,.fiEc
number ~s regLirai! nr~ a1J ►v~eajca+n Pes~~ (~49XPd} and UiL~ ~+ay" 2nis s~,~t [o Viesi~e. the ~tP.i3E acto~~t rn;mtrer nest hs n~iamed f~em she bane{aasry. !rtne aenef!L'1~'Y S34c^S 'Y,];
r~~L~e t~P CL~~~ a~tou.,r rn~mtrer rtease ~ia~~e t'~e ~ser~e~~eiary co.rta~t t~ei; hand:, U~~alls largo does n~E ~ravide er calculate tine CLAB£, 5en~(:n, s +mire ;~rehou~ e ~ FiBt 2ccou^••
r~~.;mtaer raq delzy IY~~ •are°e a: the r~c~~vrr,~ aanm Tray recur-+ i1:e ~+s;e ~~ [he C A,fE ~3 rsot rnc4~r1~ n~ the payment i+~st:-ut:Frns, and addKioaa3 €ees :naV be asscsse~
~J.. L°~I~~CS ~~~Tt~}Q f~O7fii#~.'i~CS~?~1~!~ T VGL: ~t0 t?EEI :13~'~ 3 ~~~i~~C. t~!1'n', tF$L. i~'",. Cf+'~BY.iW^ vLRgE nurrr.~er, tnatyon con~a~ tnebe~~atcFary o{ [hE c ite "f tt~.e ~re~~c!a^: cites rC'
have the Heated er:"errt a gar:. ;~lerse nave ~e ne:~ef~uary c~nta~t ihe~r dank to otrt~~rt the apnra~r;ate ;r~£arrna~ion. 5endmg intem~t orrai rvi~es wref~o!;t ~e regwrsC ~nffl~~?s~~~r ~ ~
~a~se tt;ew:~e *c bs ~eiayeif. r$i!u~Ef, nr axc:sssc~ ao~iFianal?zes. Fa lr~t$rrat,cnai.w~tgatng n~res nnlY tiy~en sending m iorE~gn e~rra-~cy, please ensure trw_ ~e~e3~c~-~v s ac~:cr~-t
accepts r.~e ~esagnated feign ceranc~. tntamat:onal Eoreigr* c~:r~nry ars:es are ge~erat yiess ex~ers~ve to sr~d as campare~ witr~ ]rtternauor~l JSD wrres i~ ~~et~s ~ ar~~ wire iec ~s
always Ins urnen the ~ti~~r~ ~~ sent m fore~gr currenc,.~ and ifilE14S rar~3o does ~ttt cha;a:. a ca~v~ting fQe: sys a3se offer comRetrtivE exchange races.;

I~T466C:? i,,~-i v S~FF~ ,~ Ji .. _ - I.i .. •~ ^ L^ ~..1' ~ _ .. `v ~: 4tell: Gar~*~ !.l~~r~Ow;l:;zf


Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 70 of 84 Page ID #:192

Fam ApP~oved OM@ Ma i85t~042x


exP o~s~•ao~2
~ • ~'~~ C ntry No. 2, Entry Type 3. Summary Date
DEPARTMENT OF N~MELANd SECURITY EJ'2-0124857-5 01 AEI/A t~8/25/15 72
U.S. Cu$toms and Border Prote~tfan 4. Swett' No. 5. Band Type 6. Port Code 7. Entry Dale
E1V'TRY SUMMARY 450 9 2704 08/17/15
8.Impocling Carrier .Mode of ranspat 1Q. Country of Origin 't 1, ~nport Aste
CMA CGM GEMINI 21 IL 08/13/15
12, BlL~ 4VB No. 13. MfanufaCturer 10 14. Exporting ou►~Y i5. xpot! to
CNIDUT1220332063 ILAI•II~0382HAT IL 06/07 /15
1.. .. ate _ issir~ ocs 19. ore as o Cading 9. art a nla g
48931 2704
i. Localfa~ . P1o. ignee o. 23. lmpor~er o. 2~. Re stance No.
~naz en~crsie caer3~►:~trcrl crs g~ Q20-82-4124
5. Ultimate wee ame arrd dress 28. Importer Reuud ame end ress
I ~HAMAD Y ALCHARIHI
36811 5TH ST EAST

City St2te Zfp City aT.rr. Stats Z1p


32. 33. 3d.
77'. 28. Qescriptian of iV~rchandise A. HTSUS Rate Du and LR. Tax
29. 3a. 31. A. Enterer Value B. ADtCVa Rite Oollsrs Cents
Lk~e A, hITSUS Nv. A. Gras Weight Plat ~uaMity in B. CHf3S C. IRC Rats
No. B, ADfCVD Case Na. B. Marutest ilt . hiTSUS UnRs C. Relationship D. Asa Na.
( 82} FRGS CTNG:
].763.~Okg NOT RELATE

Q01 RNA~NTAL ART OTH ~ATLRIA


N6913.90.SQOd 1450kg X 18Q FREE NONE
C164
OR MAINTENANCE F'EE .1250$ 2.26

OQ2 ERAMZC,LTNGLA~ED,TILES,CUB
N6907.10.00a0 313~g 6 M2 39 FREE NONE
C35
R I~iYNTE14ANCE FEE .1250$ .49

2I.9

Qther Fee Summary for B#a~k 3~ 85. Totsl Entered V~ue Ggp USE ONLY TOTALS
501 2.75 iJNDE $3.O1 NOT REQUIRE A. u~ G(3 B. Ascertained ty 37, uty
21 .00
Total Offer Fees
R ON CC?DE C. AsceRam~d Tax 38. Tax
g .OQ .00
36. DECtARATION Of lf~PQRT~R OF RECORD D. Ascertatne lather 9. Qt set
(QWNER OR PURCHA~R) OR All7NOR~2ED AGENT . 0Q
t declare tA~t i am Ike ❑ tmpaner a!record and that p+e sctual ovmer, E.Asceriained Total dQ. cial
, 00
pv2Reser, or cOnSigne~ for CBP purpp9es is as shown dbgvA, OR ~ owner
or purchaser or agent thereof. I further declare that Rhe merchandise • ~] was obta~rred pursuant to a purchase or pgreament to purcbaaa and that the
grio~s stt forth i1t t~9 ~wolCl3 Ato tru~f, OR ~] was naE obta►netl Outsu~ to a OWcE~ase or ~,yreemeM !a putdeate ~d the statements ~n the invoices as
to value ar price ire trot k► the ban oFmy kaavAecige and belief. 1 ado declaro the the s~efemee~ts ~n tie aocu+nent~ herein tYed fully disclose ~O the lsrast
of my knowtadge end Cefief the uue prices, values, quars~ies, rtbatss, drawbacks, fees, ummissbns. a+kf roya~ies ark are uue and corraa, s~ this all
goads ~ ~vkae provided to t1+e aetbr ct lAia merchandise eiltfer free cr et reduced cost ate fully ~sdosad.
w~l hr~r (urn~h to the aFR~~te CBP ofiCer any in#ormation showing a ~ffi~rent stat~morn a1 t~Ga
4. 1 U A
SAO H00 CUSTOHS BRO[CuR TNC.,A

a2. 1er t lt~ {N , address, phone number) •t3_ BroKedlmpc~[Ler File No.
SCE $04 CDSTOMS BROKER IIdC. 124857 AT
6440 CORVETTE STREET For Papenrror~c ReductiortA,el;nformatian elide below.
CO~MER~E, CA 90040 2135800083 _ CBP dorm 75 1 (OSI09)
~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 71 of 84 Page ID #:193

SOO HOO CUSTOMS BROKER INC.


6a~to coxv~T~ sz~~s~T
ccm~ac~e ~ ca sooao
(213)680-46fl3 FAX: (213)680-2715

124957-01~ 06/12/ZU15
TO
PAYMENT IS DUB UPON RECEiFT
BALANCES NQ'I' RECEIVEfl W3THIN XOiFR
MQHAMAD Y AZCHARIHI TERM$ ARE SUBJECT TD 1.5$ INTEREST
36811 45TH ST EAST CHI~RGE PER MIONTH & ALL ATTORNEY
~c AI~MDALE CA 93552 FEES AND COLL~CTIdN COST

ENTRY FEE 135.00


PIECES f :":E1CaiiT i7ESCfi1PTlOti

SINGLE ENTRY BOND 1QQ.fl0


' •'
' 1
S~itI~PER.<~QT1SiGNEE 100.00
I I3E LATE FILLING

10+2 FILING 50.00


ORIGI,JIDESTI^dATIOPJ ~ ~US"f0'.'ER ~S(J'73ER

~. Asp is.aa
..
EFd7R'~ hJG. EC1TR'f ~JkTE
MESSENGER SERVICES 15.QA

~ ~ ■
I5E BOND 100. f10
A1RLItv~,`S~EAt.'SHlP ~ ARRI':F~l.!C:EPNh~TURE
~ ~
i FEDEX EXPRESS MAIL 35.00

TRUCKING C[iARGES 40Q.OQ

~ ~ ~.
DROP CHARGES 70,00
RF:ti4t1RKS

PIERPASS TMF ~~ ?7.04

CLElAiJ TRUCK 60.40


TfIAb[K YOU FOR USIPIG OUR SERVICES
IT 6QR5 A PLEASl:RE SERVING YOU!! 150.00
CHASSIS FEE
kTIRE E`EES 35,(JQ
j
AMY T3UI 250.00
CUSTOMS X—RP,Y EXAM
vtEASE PfiY'rHiS AMOUNT 2602 . OQ
s+a► d ~O6sYy b. C~pnr c1p~e w0.4 uRes a 9Nar N~OATEfi MUST Pi1Ht~SH M159ilYG DOCUMENTS WITFp!!
yw sra Uw i~page er gN~,pqmurt m Rr bralr a~ as +~w+e ~tryes w9' 7}iE PERIOD OF TUB AS REQUfifD BY CUS70M3
r~ aqd C~s1k ba avert ~e mt n0! D~0► ~s LWker, t1~gaRma ll 7a N9' 9y r k Cwen~
e tsfid q~n a mate tl~eat P~.b ~ IM'U.& Cuww au~t¢e" rAd~
qaa W ~wwe bCus~omc mf W sulw. F~GtRATIOti3 TO AYOIG CU$7t~A1 PENI[LT3ES.

~~

~ 1,f
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 72 of 84 Page ID #:194
McKenzie, Wilkes & Mahmoud

Memorandum of Law

To: Elizabeth Rivas


Special Agent
Federal Bureau ofInvestigation
1 1000 Wilshire Blvd
Suite 1700
Los Angeles, CA 90024-3672
(310)477-6565 (office)
(310)961-0619 (cell)
(310)996-3359(fax)

From: Attorney Henry Nasif M~hmoud


953$ S. Clifton Park Avenue
Evergreen Park, IL 60805
(219)381-0859
Fax:(866)-439-1649
mw~nlawofficesnaol.com

Re: FBI Warrant for Search and Seizure Served on Mr. Al Charihi

Date: 5/20/16

Special Agent Rivas,

You left your card with our above referenced client when you and your fellow
FBI agents
raided his home at 36811 45~" Street, I°almdale CA 93552 on or about 3/19/1
G and took the items
that you listed on the copy of the Warrant for Seazch and Seizure that
was left with him. VVe do
not know what was told to the federal judge to have the Warrant issued
, but ari e~chaustive
investigation of the facts and the law show conclusively that (for the reason
s given below) you
have no case against him. The warrant should be quashed, the items returned
and there should be
no action taken against him. In short customs duties were paid. There was
no intent or attempt to
evade customs duties and introduce uninspected items into the United
States. No false or forged
documents were used to bring the items into the United States. It is believ
ed that this action has
been taken against him based on sheer Islamophobia and racism.

Statement of Facts

On or about March 19, 2016 Judge Jacqueline Chooljian issued a Search


and Seizure
Warrant for the location 36811 45`" St, East Palmdale, California. On or
about Marchl9th 2016 at
about Spm the FBI raided that location which is the home of Mohammed Al
Charihil,(herein after

' The Client has been in the United States since 1996, for 20 years, he has a
wife and two sons ages 10 and $. He
operated another businesses before becoming involved in the sale ofartifacts. These
businesses are exporting cars and
working for his brother's print shop in the international department. He became
interested in importation and sales of
artifacts in about 3 years due to good connections and his knowledge of people working
in cheap labor departments
oforganizations involving artifacts. In Syria, his home country, he was a chemical
engineer who had one of his own

~'Z
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 73 of 84 Page ID #:195
McKenzie, Wilkes & Mahmoud

"Client") a naturalized citizen of the United States, originally firom Syria, who
operates the
business of imparting, buying and selling ancient artifacts from overseas. ~Ie has been
operating
this business for 1(one) year and has never had a problem before naw with the govern
ment
regarding such business. ~Ie also operates another business which is buying salvaged cars
from
auto auctions, repairing them and shipping them to Africa. He also works in a print shop
and has
never had any issues there with authorities. He has never had any issues with the government
with
any respect to any business in which he has been involved. However, the "soap inciden
t"
mentioned in the foot note should be addressed in depth.

On or about December 23,2003 our Client was travelling from Manchester NH to Oaklan
d
CA.He had a flight connection in Washington DC.Once he had boarded the plane,two FBI
agents
approached him and asked him to go with them. They walked him offofthe plane.
As they walked
with him, they told him that the FBI had checked his luggage and found what looked
like soap,
but that it could be something else. The FBI stated that they thought it was TNT. They
asked him
to wait in a room for about 2 hours. He realized that his plane in Manchester had taken
off and that
he had missed his connection in Washington D.C.for his flight to Oakland. The FBI agent
put him
on a flight to Oakland, but with a connection in Chicago IL. When the Client arrived in Chicag
o,
tvva F$I agents were waiting for hirn at the date as he disembarked.'the two approached him end
asked ifhe was Mohamad. H~ said yes. They then told him to walk with them after they
introduced
themselves as FBI agents. Ike walked with them to the FBI office in the airport. 1hey
asked him
about 100 questions about his background, since elementary school through the moment
that they
met him by the gate.

Some ofthe strangest questions were:


"Did any one pay you to make or produce something?"
"What is the story of your carrying soap on a plane?
"Why do you use homemade soap?
"Why don't you use soap purchased over the counter?

Then they told him that they seized his soap and took it to the lab to do some tests.
He knew later
that the FBI seized some personal video types that he was carrying with him on that
trip. They told
him that they were holding him in the airport until the test result come back from the
lab. After 8
hours one of the agent entered the room and told him "1 have good news for you."
He told the
agent to go ahead and tell him. The agent told him that the soaps turned out to
be soap. ~'h~n he
told him he was going to put him an a flight to Oakland. The agent asked my
client to give him
an address in California. About 3 months later an F'BI agent came to the given address
and gave
him the seised video types and told him the FBI would not return the soap. I was held
for about 8
hours.

As to the raid in question, the FBI took a list of items, ancient artifacts, mosaics
, statues
and other precious figurines. They also took records, laptops, custom broker
receipts, bills of
lading, manifests, and other evidence of importation ofitems into the country.
A list of the items

patents registered and recognized in Syria and several other foreign countries when he was
ofcriminal misconduct. He was once stopped at an airport in 2003 with homemade soap. FBI only 19. He has no history
the soap being a bomb. ARer six hours of delay and his missing his flight he was told the soapfalsely accused him of
confiscated by the FBI anyway. was soap, but it was

~3
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 74 of 84 Page ID #:196
McKenzie, Wilkes & Mahmoud

confiscated was liven to the Client as well as a copy of the warrant. They
FBI did not arrest the
Clint on the scene, but did convey that he was being investigated for smuggling.
The FBI also
broke into a safe owned by the Client and confiscated the documents that were inside.
Certain of
the documents confiscated from the safe had not been used in any manner to effect
a purchase and
sale or the importation of any items into country, including but not limited to a certain
mosaic in
which the FBI seemed to have extraordinary interest.

When an FBI agent questioned the Client on the scene the agent asked whethe
r a picture
of a certain item, a mosaic, had been sent to a prospective buyer. The Client did
not refuse to
answer the initial questions, though he was visibly shaken by the ordeal. He
did nat remember
whether he had sent a picture of the mosaic to the prospective buyer whom he rememb
ered came
to his location to inquire about the mosaic. The agent became hostile and bellige
rent and that is
when the Client told him that he would not feel comfortable answering
more questions until he
had consulted with legal counsel. After the raid he called a friend in Philade
lphia to inquire about
an attorney and that friend indicated that the international lawyer who he
had already told him
about(for assistance in the sale ofthe item) would be the lawyer whom
he should consult regarding
this FBI matter. The Client told his friend in Philadelphia to tell the attorne
y that he would ca11
him for a consultation. The attorney talked with the mutual friend from Philadelphia
and said he
would speak with the Client whenever he called. The Client called
the attorney, answered
questions, forwarded documents and engaged the attorney for the work to
resolve this matter with
the FBI.

Through 42 years of experience the Attorney (author of this document) has


observed that
when there is ~n FBI raid the agency works with the Assistant Unites States
Attorney(ASUA)to
review evidence, interview potential witnesses, and create ~B~ 302s to build
a case. An FBI 302
is a hearsay document where the F~3I interviews a t~itrYess and then the
agent "says what the
witness said" instead of merely making a transcript ofthe witnesses' words.
This allows the FBI
to twist testimony to their benefit and hurt the accused. If the FBT and
AUSA had probable cause
for an arrest, then the Client would have been arrested on the scene.
Now the agency and the
government must build a case and take the case to a federal grand jury to
determine whether there
is probable cause that a crime has been committed and a grand jury indict
ment is obtained due to
the AUSA getting them to rubber stamp what he or she wants. During
this stage while the
government is attempting to build a case against the Client, his Attorney
has used such time to
investigate the facts and research the law to demonstrate that there is no
case ofsmuggling against
the Client. The submission of this legal memorandum is the first step
in the Attorney's effort to
quash this warrant and have his Client's items returned, especially the
mosaic in which the FBI
appears to have so much interest. Here the filing ofa Bivens action2 should
be under consideration.
The difference is that in Bivens there was no warrant, but there is
a warrant in this case. The

Zgivens v. Six Unknown Named Agents, 403 U.S. 388 (1971),was a


case in which the United S~.xes Supreme
Court ruled that an implied cause of actipn existed for an individual
whose Fourth Amendment freedom from
unreasonable search and seizures had been violated by federal agents. The
victim of such a deprivation could sue
for the violation of the Amendment itself, despite the lack of any federal
statute authorizing such a suit. The
existence of a remedy for the violation was implied from the importance of
the right violated. In Blvens the FBI made
a warrantless search and seizure of a known drug dealer's apartment.

~-y
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 75 of 84 Page ID #:197
McKenzie, Wilkes & Mahmoud

question becomes whether there were proper grounds to issue a warrant for search
and seizure in
the first place.

Legal Analysis

Case Law

An exhaustive research of the case law shows that there can be no indictment
legally
brought against the Client. It is apparent that the government is headed in the wrong directi
on. The
case law has been very helpful in presenting facts and legal principles to assist the effort
ofshowing
that pursuit of an indictment is misplaced. The indictment must be ground in facts and
law that
show there has been a violation ofthe smuggling state. One ofthe statutes mentioned in
the warrant
is 18 USC Sec. 545:

"Sec. X45, Title 18 sets forth two different dimes:(1) Smuggling or clandestinely
introducing merchandise which should ha~~ been invoiced, and (2) Kna~ingly
importing or bringing into the United States merchandise contrary to law, withou
t
complying with other provisions of law, ..." Babb v. United States, S Cir.,1955,
218 F.2d 538.

As the above case points out, there is a vast difference between the two crimes
.
Smuggling or clandestinely introducing goods or using false or forged documents
on the one hand is "unlawful and evil per se,"(Babb. 218 F.2d at page 540) while
importing, bringing in, receiving etc., goods after importation is not evil per se but
is a crime because offailure to comply with other statutes. The two crimes set forth
in Section 545 can be traced back to two of the old Revised Statutes, smuggling
based on R.S. Sec. 2865 and importation based on R.S. 3082.E"United States
v. Claybourn,180 F. Supp. 448 -Dist. Court,SD California 1960,at page 452,3

If the government brings an indictment alleging that the defendant with intent to defrau
d
the United States "did knowingly end willfully smuggle and clandestinely
introduce into the
United States from a foreign country" the merchandise described in the indictment,
there will be a
major problem, since the shipping documents show that the customs duties
were paid and all
shipping documents were in order and all costs and expenses were properly paid.

3 The cited case has facts which are different. In Claybourn the defendant carried
merchandise in his automobile
across the International border from the United States to Mexico,then returned
with the same merchandise in the car,
and did nothing with the merchandise in Mexico. ~'he U. S. District Court for the
Southern District of California, San
Diego ruled that this set offacts did not violate 18 i.7SC Sec.545

~s
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 76 of 84 Page ID #:198
McKenzie, Wilkes & Mahmoud

Since the word "smuggle" and the phrase "clandestinely introduce" mean substan
tially the
same thing viewed in the background of English common law, Keck v. United
States, 1899, 172
U.S. 434,19 S.Ct. 254,43 L.Ed. SOS and since they refer to the acts ofa defenda
tYt surreptitiously
and by concealment or fraud avoiding the customs and introducing goods into
the United States,
it is immediately apparent that where the facts show without dispute that a defend
ant properly paid
all customs duties and fees related to importing, that he was not smuggl
ing or clandestinely
introducing goods into the United States. The purpose ofthe statute is to preven
t the surreptitious,
clandestine or fraudulent entry of the goods into the United States.

The Matthews4 case is not helpful for our attempt to quash an indictment.
It is helpful,
however, in an attempt to get an acquittal at trial. It stands for the
proposition that when a
smuggling charge is subject to a motion for acquittal at trial, any other charge
should be subject to
said type of motion and that the motion should be presented in addition to
the acquittal motion for
smuggling.

A motion for acquittal was filed and granted in the smuggling case
United States v.
Kismetoglu, 350 F. Supp. 333 -Dist. Court, CD California 1971, where at
trial, the court had found
the defendant guilty of smuggling watches and jewelry into the states.
In a post-trial motion, the
district court held that this Armenian (traveling with his wife and family
) was not a professional
business man or an experienced traveler. T'he court said the grava
men of the offense was the
clandestine introduction into the United States with specific intent to
defraud the United States, of

4 In Matthews v. United States,394 F.2d I04- Coun ofAppeals, 9th Circuit


1968 at trial the defendant was acquitted
on a motion for acquittal on the smuggling conviction under 18 USC
545. There was no motion filed for an acquittal
on the Dyer Act offense 18 U.S.C. Sec. 2312.(The Dyer Act is U.S.
federal legislation aimed to supplement states'
efforts to combat automobile theft. ... This Act made the interstat
e transportation of stolen vehicles a federal
crime.) Tl~e Dyer Act is popularly called the National Motor Vehicle
Theft Act. On appeal the defendant argued that
the court should enter a motion sua sponte to acquit the defendant on
the Dyer Act offense, but the 9~'' Circuit disagreed.
The defendant should have had counsel at trial file a motion for acquittal
on both the smuggling and Dyer Act offenses.

~~
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 77 of 84 Page ID #:199
McKenzie, Wilkes & Mahmoud

merchandise that should be declared to customs inspectors. The court granted the
motion for
acquittal. The court reasoned that he had no intention to clandestinely introduce into the
United
States the items (watches and jewelry) for the purpose of smuggling. He had packed
the items in
his belongings in order to avoid the secret police in his foreign home country confisc
ating his
belongings.

~'he problem with this case is that it has been marked far non-publication and for not
relying
on the case fnr precedent with some exceptions with respect to the appellate court
rules which have
been quoted below in this memorandum. It appears that this case comes within the
exception,
because the case in subsequent to the year quoted and the case is one involving smuggl
ing even
though this case is different on the facts. In the case of the Client, customs duties
were declared
and paid in the normal course of business. There was no attempt to evade any charges
by customs.
The goods were inspected and $560 USD in customs was paid for two mosaics and
$360 USD was
paid for a third mosaic. ALL CUSTOMS DUTIES WERE PAID for the items importe
d by the
Client.

CONCLUSION

It is clear from the research ofthe case law related to the statutes named in the Warran
t for
Search and Seizure that the elements for smuggling are not present in the case
ofthis Client. There
must be 1)an intent to commit the crime ofsmuggling,2)the actual evasion ofthe
customs duties
inspection, and 3)the failure to pay customs duties on the item imported. If
these(3)elements are
not a part of a smuggling case then there has been no violation of the
statute. It is clear from the
facts that the client paid customs duties on all items imported. ~Ie
imported a mosaic that was
unrestored and un-conserved along with other items. I~~ paid customs
duties on all items. After

~`' T
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 78 of 84 Page ID #:200
McKenzie, Wilkes & Mahmoud

legal importation of all items, he paid $39,000 to have the mosaic restored by a specialist
from
New York. for those who know,the mosaic (in which the FBI has shown extraordinary
interest)
is the depiction of"The 11~' Labor of Hercules". phis mosaic gained value only after
restoration.
In the states the mosaic (after restoration) could be sold for $200,000 — $500,000. This
would be
based on the relative ignorance of the US purchaser whether it be an individual
collector, an
antiquities museum, a dealer, or an art shop which buys and sells artifacts and
antiquities. An
experienced and sophisticated buyer overseas who understands the meaning of
the now freshly
restored mosaic and its value has verbally offered more. Prospective collectors overse
as feel it has
more value than prospective buyers in the states. That information came days
after it was
confiscated in the raid by the FBI.

Based on the above case law this memorandum oflave has been developed to show
the ~B~
that under the facts and the law there has been no violation of the smuggling
statutes and it is a
waste of time to twist the facts in order to try to build a case against this Client.
The government
seized this mosaic and other items in error based on information that maybe found
to be unreliable.
FBI informants are not always trustworthy and reliable. It is suggested
by counsel that this
memorandum be transmitted to the office of the Assistant US Attorney
(AUSA). If there is
resistance to release the mosaic for any reason,counsel intends to file a
motion to quash the warrant
and have the items returned pursuant to the case law in this memor~n,dum.
Counsel has already
sought and secured local counsel licensed in federal court in California
who shall admit counsel
pro hac vice if and when necessary.

There is some concern that the Client has regarding certain docume
nts that were in his
locked safe and which were not used for importation of the items seized.
These docwnents were
seized by the FBI,after they broke into the locked safe. They did this before
he was ever summoned
Case 2:16-cv-07391-JFW-SS Document 1 Filed 10/03/16 Page 79 of 84 Page ID #:201
McKenzie, Wilkes & Mahmoud

to his house. They raided the home while he and his family were at a baby shower. They
searched
and seized items before the client and his family returned to the home. The
FBI had free reign in
the house with no one present. The Client feels that these documents may
be misconstrued and
may be improperly viewed as possibly incriminating. They were prepared
by the client. The
purpose was to mislead non-serious buyers and possible thieves who had already
begun to inquire
about the valuable mosaic, subsequent to its restoration. These non-serious buyers
and possible
thieves were persons about whom the Client was very concerned and suspicious.
The documents
were never used in a purchase, sales, or importation transaction. They were never
used at all.
The mere existence of these documents does not create smuggling liabilit
y for client,
because they were never used for any purpose let alone smuggling. No person
ever saw said
documents, besides the Client and they were never a part of an import
, sales or purchase
transaction. In fact the documents were drafted after the items seized by the
FBI had already been
imported into the LTS a.nd had already cleared customs.

Respectfully submitted,

/s/Attornev Henry NasifMahmoud


Attorney Henry Nasif Mahmoud
IL Bar License no. 07133567

CITED: FEDERAL RULES OF APPELLATE PROCEDURE

CRAP 3Z.1. CITING JUDICIAL DISPOSITIONS


Citation Permitted. A court may not prohibit or restrict the citati
on of
federal judicial opinions, orders, judgments, or other written
disp~siti~ns
(a)that have been:
designated as "unpublished,""not for publication," ~~non-preced
~ntial,"
(i)"not precedent," or the like; and
(ii)issued on or after January 1, 2007.
Copies Required. If a party cites a federal judicial opinion,
order,
(b)judgment, or other written disposition that is not available
in a publicly

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McKenzie, Wilkes & Mahmoud

accessible electronic database, the party must file end serve ~ capy of
that opinion, order, judgment, ar disposition with the brief or other paper
in which it is cited.
(As added Apr. 12, 2006, eff. Dec. 1, 2006.)

CIRCUIT RULE 36-3. CITATION OF UNPUBLISHED


DISPOSITIONS OR ORDERS
Not Precedent. Unpublished dispositions and orders of this Court are
not precedent, except when relevant under the doctrine of law of the
(a)case or rules of claim preclusion or issue preclusion.
Citation of Unpublished Dispositions and Orders Issued on or
after January 1, 2007. Unpublished dispositions and orders of this
Court issued on or after January 1, 2007 may be cited to the courts of
(b)this circuit in accordance with FRAP 32.1.
Citation of Unpublished Dispositions and Orders Ys~ued before
Sanuary i, 2007. Unpublished dispositions and orders of th(s Court
issued before January 1, 2007 may not be cited to the courts of this
( c)circu it, except in the following circumstances.
They may be cited to this Court or to or by any other court in this circuit
when relevant under the doctrine of law of the case or rules of claim
(i) preclusion or issue preclusion.
They may be cited to this Court or by any other courts in this
circuit for factual purposes, such as to show double jeopardy,
sanctionable conduct, notice, entitlement to attorneys'fees, or the
(ii)existence of a related case.
They may be cited to this Court in a
request to publish a disposition or order
made pursuant to Circuit Rule ~6-4, or
in a petition fnr panel rehearing or
rehearing en banc, in order to
demonstrate the existence of a conflict
a mong opinions, dispositions, or
(iii) orders.

VIOLATIONS OF STATUTES §542 AND §545

Violation of 18 USC &542 requires:

Fraudulent or false invoice used to enter or introduce into U.S. commerce


any imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

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McKenzie, Wilkes & Mahmoud

Fraudulent or false invoice used to attempt to enter or introduce into U.S. comme
rce
any imported merchandise, and said act or omission deprives U.S. of lawful duties
, OR
Fraudulent or false declaration used to enter or introduce into U.S. comme
rce any
imported merchandise, and said act or omission deprives U.S. of lawful duties
, OR
Fraudulent or false declaration used to attempt to enter or introduce into U.S.
commerce
any imported merchandise, and said act or omission deprives U.S. of lawful duties
, OR
Fraudulent or false affidavit used to enter or introduce into U.S. commerce
any imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false affidavit used to attempt to enter or introduce into U.S.


commerce
any imported merchandise, and said act or omission deprives U.S. of lawful
duties, OR
Fraudulent or false letter used to enter or introduce into U.S. commerce any
imported
merchandise, and said act or omission deprives U.S. of lawful duties, OR

Fraudulent or false letter used to attempt to enter or introduce into U.S. comme
rce any
imported merchandise, and said act or omission deprives U.S. of lawful duties
, OR
Fraudulent or false paper used to enter or introduce into U.S. commerce
any imported
merchandise, and said act or omission deprives U.S. of I~wful duties, OR

Fraudulent ar false paper used to attempt to enter or introduce into U.S.


commerce any
imported merchandise, and said act or omission deprives U.S. of lawful
duties.

Violation of 18 USC X545 requires:

While acting knowingly and willfully with the intent to defraud the U.S.,
a person
smuggles into the U.S. any merchandise that should have been invoiced,
OR
While acting knowingly and willfully with the intent to defraud the U.S., a person
attempts to smuggle into the U.S. any merchandise that should have been
invoiced, OR
While acting knowingly and willfully with the intent to defraud U.~., ~ person
clandestinely introduces into the U.S. any merchandise that should
have been invoiced,
OR

While acting knowingly and willfully with the intent to defraud U.S.,
a person attempts to
clandestinely introduce into the U.S. any merchandise that should
have been invoiced,
OR

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While acting knowingly and willfully with the intent to defraud U.S., a perso
n makes
out at the customhouse any false, forged, or fraudulent invoice, or other
document or
paper, OR

While acting knowingly and willfully with the intent to defraud the U.S., a perso
n passes
through the customhouse any false, forged, or fraudulent invoice, or other
document or
paper, OR

While acting knowingly and willfully with the intent to defraud the
U.S., a person
attempts to pass through the customhouse any false, forged, or fraudu
lent invoice, or
other document or paper, OR

A person fraudulently imports or brings into the U.S. any merchandise


contrary to law,
OR

A person knowingly imports or brings into the U.S. any merchandis


e contrary to law,
OR

A person receives merchandise knowing that it was imported or introd


uced into the U.S.
contrary to law, OR

A person conceals merchandise knowing that it was imported or introd


uced into the
U.S. contrary to law, OR

A person buys merchandise knowing that it was imported or introduced


into the U.S.
contrary to law, OR

A person sells merchandise knowing that it was imported or introduced


into the U.S.
contrary to law, OR

A person facilitates the transportation of such merchandise after import


ation knowing
that it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the concealment of such merchandise after import


ation knowing that
it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the sale of such merchandise after importation


knowing that it was
imported or introduced into the U.S. contrary to law.

Proof of possession of smuggled goods, without satisfactory explanation,


shall be
sufficient to convict under §545.

Fraudulent or false letter used to enter or introduce into U.S. comme


rce any imported
merchandise, and said act or omission deprives U.S. of lawful duties
, OR

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McKenzie, Wilkes & Mahmoud

Fraudulent or false letter used to attempt to enter or introduce into


U.S. commerce any
imported merchandise, and said act or omission deprives U.S. of lawful
duties, OR
Fraudulent or false paper used to enter or introduce into U.S. comme
rce any imported
merchandise, and said act or omission deprives U.S. of lawful duties,
OR
Fraudulent or false paper used to attempt to enter or introduce into
U.S. commerce any
imported merchandise, and said act or omission deprives U.S. of lawful
duties.

Violation of 18 USC X545 requires:

While acting knowingly and willfully with the intent to defraud the
U.S., a person
smuggles into the U.S. any merchandise that should have been
invoiced, OR
While acting knowingly and willfully with the intent to defraud the U.S., perso
a n
attempts to smuggle into the U.S. any merchandise that should have
been invoiced, OIL
While acting knowingly and willfully with the intent to defraud U.S.,
a person
clandestinely introduces into the U.S. any merchandise that should have
been invoiced,
OR

While acting knowingly and willfully with the intent to defraud U.S., a
person attempts to
clandestinely introduce into the U.S. any merchandise that should have
been invoiced,
OR

While acting knowingly and willfully with the intent to defraud U.S., a
person makes
out at the customhouse any false, forged, or fraudulent invoice, or other
document or
paper, OR

While acting knowingly and willfully with the intent to defraud the U.S.,
a person passes
through the customhouse any false, forged, or fraudulent invoice,
or other document or
paper, OR

While acting knowingly and willfully with the intent to defraud the
U.S., a person
attempts to pass through the customhouse any false, forged, or
fraudulent invoice, or
other document or paper, OR

A person fraudulently imports or brings into the U.S. any merch


andise contrary to law,
OR

A person knowingly imports or brings into the U.S. any merch


andise contrary to law,
OR

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A person receives merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person conceals merchandise knowing that it was imported or introduced into the
U.S. contrary to law, OR

A person buys merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person sells merchandise knowing that it was imported or introduced into the U.S.
contrary to law, OR

A person facilitates the transportation of such merchandise after importation knowing


that it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the concealment of such merchandise after importation knowing that
it was imported or introduced into the U.S. contrary to law, OR

A person facilitates the sale of such merchandise after importation knowing that it was
i mported or introduced into the U.S. contrary to law.

Proof of possession of smuggled goods, without satisfactory explanation, shall be


sufficient to convict under §545.

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