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LAURA E. DUFFY United States Attorney NEAMA RAHMANI Assistant United States Attorney California State Bar No. 223819 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7848 Email: neama.rahmani@usdoj.gov Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 The plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Laura E. Duffy, 20 United States Attorney, and Neama Rahmani, Assistant United States Attorney, hereby files its Motion 21 for Reciprocal Discovery and for Leave to File Further Motions. This motion is based upon the files and 22 records of the case, together with the attached statement of facts and memorandum of points and 23 authorities. 24 DATED: February 13, 2012 25 Respectfully submitted, 26 27 28 LAURA E. DUFFY United States Attorney s/ Neama Rahmani NEAMA RAHMANI Assistant United States Attorney UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) v. ) ) ) SEAN MICHAEL PARK, ) ) Defendant. ) ) _____________________________________ ) Case No. 12-CR-494-JLS Date: March 2, 2012 Time: 2:00 p.m. UNITED STATES MOTION FOR RECIPROCAL DISCOVERY AND FOR LEAVE TO FILE FURTHER MOTIONS TOGETHER WITH STATEMENT OF FACTS AND MEMORANDUM OF POINTS AND AUTHORITIES

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I STATEMENT OF THE CASE On February 9, 2012, a federal grand jury in the Southern District of California returned a three-count indictment against Defendant Sean Michael Park (Defendant) charging him with perjury, obstruction of justice, false statement, and aiding and abetting, in violation of 18 U.S.C. 2, 1001(a)(2), 1512(c), and 1623(a). On February 10, 2012, Defendant was arraigned on the indictment and the Court entered a plea of not guilty on his behalf. II STATEMENT OF FACTS In 2006, Defendant purchased a multi-unit property located at 7421 Draper Avenue in Sand Diego, California. Defendant had difficulty making the mortgage payments on the property, causing it to go into foreclosure. On January 19, 2011, 13231 Sundance, LLC (Sundance) recorded a foreclosure sale on the property. Defendant tried to contest the foreclosure of the property in state and federal court. After the sale of the property, the tenants there, who had been renting from Defendant, were served with unlawful detainer complaints filed by Sundance in San Diego County Superior Court. On March 9, 2011, Defendant filed civil case no. 11-CV-477-LAB-WVG in the United States District Court for the Southern District of California. The civil case removed the unlawful detainer complaint filed against Defendants tenant, Christine Cronin, from Superior Court to District Court. The filing listed Cronin

20 as the defendant in the unlawful detainer complaint and Defendant as an intervening defendant in the 21 case. 22 23 24 25 26 27 28 On March 14, 2011, Cronin filed a declaration stating that she never filed the Notice of Removal and that her signature on the document was a forgery. On March 15, 2011, the Honorable Larry Alan Burns issued an Order to Appear and OSC re: Sanctions, ordering Defendant to appear and to show case why he should not be held in contempt for removing a case in which he was not a party and for forging Cronins signature. //

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On March 30, 2011, in response to Sundances motion to remand the case to state court, Defendant filed a Memorandum in Opposition to Order to Show Cause and in Opposition to Ex-Parte Application for Shortening of Time and supporting affidavit in the federal case. In his memorandum and affidavit, Defendant stated that he had entered into prepaid leases with his tenants in December 2010. Attached prepaid leases, as well as a cashiers check and money order, also indicated that rent was prepaid prior to January 19, 2011, the date the property was sold in the foreclosure sale. In actuality, Defendant and his tenants never entered into any prepaid leases. Defendant believed he could stop or delay the foreclosure if his tenants had prepaid their rent. Defendants memorandum read, in relevant part: Defendant Elizabeth Tourubaroff, tenant Judy Ecklund, and tenant Christine Cronin have all signed one year leases after being informed by their landlord Sean M. Defendant that a foreclosing lender had unfairly rejected their landlords [sic] monthly mortgage payments. (see copy of lease and appended copy of Defendant Judy Ecklund and Elizabeth Tourubaroffs cashiers checks are herein attached for judicial notice as Exhibit II.) The purpose of prepaying these leases for six months was to provide the tenants with additional protection from unfair eviction and to forestall a wrongful forcible eviction of said tenants and [sic] from their homes for the purpose of demanding equitable relief in Federal Court, and forcing the creditors, to accountability. ... Defendant Elizabeth Tourubaroff, tenant Judy Ecklund, and tenant Christine Cronin all agreed that they wanted him Sean Defendant [sic] to litigate against eviction on their behalf. The accompanying affidavit read, in part: On December 16, 2010; I contacted all tenants who had elected to remain in the Draper Avenue rental unit to commit to prepaid leases giving them a discount for paying six months rent in advance and further explained this would protect their future occupancy. ... On December 16, 2010; I contacted tenants Judy Ecklund, Christine Cronin who each committed as I required to entering into a pre-paid lease contract agreement. ... On December 16, 2010, I contracted through a commercial agency, American Independent Realtors to rent, Mehdi Rokhfiroozs soon vacant unit at 7421 Draper Avenue to new tenant Elizabeth Tourubaroff, pursuant to a pre-paid six month pre-paid, and one year lease agreement with Elizabeth Tourubaroff. Defendant signed the affidavit and included the statement, I declare under penalty of perjury under the laws of the United States of America that the foregoing is all true and correct. Executed on March 3

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25, 2011. Attached as exhibits to the affidavit were purported copies of three prepaid rent agreements between Defendant and tenants Cronin, Ecklund, and Tourubaroff, dated December 30, 2010. Also attached as part of Exhibit I was a purported copy of a JPMorgan Chase cashiers check in the amount of $5,700. Ecklund was listed as the remitter of the check. The check was payable to Sean M. Park, dated 12/28/2010, and contained the memo PREPAID RENT 01-01-11 to 06-30-11. JPMorgan Chase Bank has indicated that it was unable to locate any record of the check. Also attached as an exhibit was a purported copy of a Western Union money order in the amount of $5,700, dated 12/23/2010, for Tourubaroffs prepaid rent. Per a letter from the Western Union custodian of records, the true money order was sold at Ralphs in San Diego for $57.00 on March 23, 2011. At the evidentiary hearing before Judge Burns, Cronin testified that she never authorized Defendant to sign the removal petition and never authorized Defendant to file any documents on her behalf in the unlawful detainer case. Cronin also testified that she never signed a prepaid lease with Defendant in December 2010 and never gave Defendant $5700 cash. In fact, Cronin was in Miami, Florida in December 2010 when the lease was purportedly signed and provided copies of her airline itinerary. Cronin submitted a copy of her February 2011 $1200 rent check to Defendant as evidence that she still paid her rent on a monthly basis even after the purported prepaid lease agreement. Judge Burns found that Defendant was not authorized to remove the case from state court and that Defendant forged Cronins signature. Judge Burns sanctioned Defendant $10,434 for Cronin and Sundances attorneys

20 fees. 21 On May 2, 2011, Defendant was interviewed by FBI. Defendant was advised that the interview 22 23 24 25 26 27 28 was voluntary and that he was free to leave at any time. Defendant maintained that Cronin signed the lease in which she agreed to prepay $5700 and that Cronin made the payment in cash. Defendants other two tenants also agreed to prepay their rents and they provided Defendant with checks for $5700. Defendant reviewed a copy of the purported prepaid lease agreement and stated that Cronin signed the lease in his presence. Defendant further stated that Cronin wanted Defendant to file legal documents on her behalf. Defendant stated that he drafted the Notice of Removal with Cronins authorization and // 4
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signed Cronins name, also with her authorization. Defendant also claimed to have signed Tourubaroff and Ecklunds removal petitions with their permission. III THE UNITED STATES MOTION FOR RECIPROCAL DISCOVERY The discovery provided to Defendant, at his request, includes documents and objects which are discoverable under Rule 16(a)(1)(E). Consequently, the United States is entitled to discover from Defendant any books, papers, documents, data, photographs, tangible objects, buildings, or places, or copies or portions of any of these items, that are in Defendants possession, custody, or control and which Defendant intends to use in Defendants case-in-chief. See Fed. R. Crim. P. 16(b)(1)(A). The United States further requests that it be permitted to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, which are in the possession or control of Defendant, which Defendant intends to introduce as evidence-in-chief at the trial, or which were prepared by a witness whom Defendant intends to call as a witness. Because the United States will comply with Defendants requests for delivery of reports of examinations, the United States is entitled to the items listed above under Rule 16(b)(1) of the Federal Rules of Criminal Procedure. The Government also requests a written summary of the names, anticipated testimony, and bases for opinions of experts Defendant intends to call at trial under Rules 702, 703, and 705 of the Federal Rules of Evidence. The United States also requests that the Court make such order as it deems necessary under

20 Rules 16(d)(1) and (2) to ensure that the United States receives the discovery that it is entitled. 21 Rule 26.2 requires the production of prior statements of all witnesses, except Defendants. The 22 23 24 25 26 27 28 new Rule thus provides for the reciprocal production of Jencks statements. The time frame established by the Rule requires the statement to be provided after the witness has testified, as in the Jencks Act. Therefore, the United States hereby requests that Defendant be ordered to supply all prior statements of defense witnesses by a reasonable date before trial to be set by the Court. This order should include any form these statements are memorialized in, including, but not limited to, tape recordings, handwritten or typed notes or reports. // 5
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IV LEAVE TO FILE FURTHER MOTIONS The United States respectfully requests the opportunity to file further motions should new information or legal issues arise. V CONCLUSION For the foregoing reasons, the United States requests the Court grant its Motion for Reciprocal Discovery and for Leave to File Further Motions.

Respectfully submitted, LAURA E. DUFFY United States Attorney s/ Neama Rahmani NEAMA RAHMANI Assistant United States Attorney

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) v. ) ) ) SEAN MICHAEL PARK, ) ) Defendant. ) ) _____________________________________ ) Case No. 12-CR-494-JLS

CERTIFICATE OF SERVICE

IT IS HEREBY CERTIFIED THAT: I, NEAMA RAHMANI, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of United States Motion for Reciprocal Discovery and For Leave to File Further Motions, on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. 1. Donald L. Levine, Esq. I hereby certify that I have caused to be mailed the foregoing, by the United States Postal Service, to the following non-ECF participants on this case:

the last known address, at which place there is delivery service of mail from the United States Postal Service. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 13, 2012 s/ Neama Rahmani NEAMA RAHMANI

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