Case Document 1 Filed 11/21/14 Page 1 of 18 PagelD 1 UNITED STATES DISTRICT COURT ZDILI 2 PH 2: 35 MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION . . - 1 UNITED STATES OF AMERICA Plaintiff, v. Case No.: -Cv? REAL PROPERTY, INCLUDING 232w? AT ANY BUILDINGS, APPURTENANCES, AND IMPROVEMENTS THEREON, LOCATED AT 4866 YACHT BASIN DRIVE, 2119 PIERCE ARROW DRIVE, and 14658 FERN HAMMOCK DRIVE, JACKSONVILLE, FLORIDA, and RESTAURANT AND MARKET EQUIPMENT PURCHASED for PANGEA ISLAND MARKET and GRILLE, Defendants. VERIFIED COMPLAINT FOR FORFEITURE IN REM Plaintiff, United States of America, through the undersigned Department of Justice Trial Attorney, brings this Complaint and alleges _upon information and belief, in accordance with Supplemental Rule Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, aS follows: NATURE OF THE ACTION 1. This iS a civil action in rem to forfeit to the United States of America the following properties (collectively, the "Defendant Properties?): a. The real property located at 4866 Yacht Basin Drive, Jacksonville, Florida, 32225, including all improvements thereon and appurtenances thereto, the legal description for which is as follows: Lot 6 of St. Johns Landing Estates, Unit Two, according Case Document 1 Filed 11/21/14 Page 2 of 18 PagelD 2 to the plat thereof, as recorded in Plat Book 57, at Page 53, 53A, 533, and 530, of the Public Records of Duval County, Florida (the ?Defendant Yacht Basin Property"); b. The real property located at 2119 Pierce Arrow Drive, Jacksonville, Florida, 32246, including all improvements thereon and appurtenances thereto, the legal description for which is as follows: Lot 644, Sutton Lakes Unit Ten-H, according to the map or plat thereof as recorded in Plat Book ?55, pages 52, 52A, and 528, of the public records of Duval County, Florida (the "Defendant Pierce Arrow Property?); 0. The real property located at 14658 Fern Hammock Drive, Jacksonville, Florida, 32258, including all improvements thereon and appurtenances thereto, the legal description for which is as follows: Lot 290, Bartram Springs Unit 1A, a subdivision according to the plat thereof recorded at Plat Book 55, pages 81, 81Athrough 81R, inclusive, in the public records of Duval County, Florida (the ?Defendant Fern Hammock Property?) (collectively, with the Defendant Yacht Basin Property and the Defendant Pierce Arrow Property, the ?Defendant Real Properties"); and d. Approximately 100 items of restaurant and market furniture, equipment, and trade ?xtures purchased by Pangea Island, LLC for the purpose of operating a market, located at 132 Everest Lane, Suite 1, St. Johns, St. Johns County, Florida, 32259, and an adjacent restaurant, located at 164 Everest Lane, Suite 5, St. Johns, St. Johns County, Florida, 32259 (the ?Defendant Restaurant and Market Equipment?), listed as Attachment A to the Complaint. The restaurant and market have ceased operating. 2. This action seeks the forfeiture of three real properties and approximately 100 items of restaurant and market equipment, held by or for the bene?t of Mamadie Tour?, the fourth wife of former Guinean President Lansana Cont?. Tour? has admitted, in a signed declaration published by the Case Document 1 Filed 11/21/14 Page 3 of 18 PageID 3 Government of Guinea, that she received bribe payments intended to in?uence President Cont? to assist a particular business entity not based in the United States engaged in the mining industry (?The Company") to obtain valuable iron ore mining rights in Guinea. Those bribes totaled at least $5.3 million. President Cont? granted The Company the mining rights shortly before his death in December, 2008.? Tour? continued to receive payments from The Company and its agents in Sierra Leone and Jacksonville, Florida, according to contracts that she signed, as part of the previously agreed-upon bribery scheme. Among other items, Tour? used the proceeds from the bribe payments to purchase the Defendant Properties between 2009 and 2013 for a total of approximately $1.05 million. 3. This action seeks forfeiture of property that was derived from violations of US. and foreign law pursuant to 18 U.S.C. and property involved in money laundering offenses in violation of 18 U.S.C. 1957, pursuant to 18 U.S.C. JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction over an action commenced by the United States by virtue of 28 U.S.C. 1345, which provides the Court with jurisdiction over all civil actions commenced by the United States. and pursuant to 28 U.S.C. 1355, which provides the Court with jurisdiction over actions to recover or enforce forfeitures. Case Document 1 Filed 11/21/14 Page 4 of 18 PageID 4 5. .This Court has in rem jurisdiction over the Defendant Properties pursuant to: a. 28 U.S.C. 1355(b)(1)(A), because pertinent acts or omissions giving rise to the forfeiture occurred within the Middle District of Florida; and b. 28 U.S.C. 1355(b)(1)(B), because venue properly lies in the Middle District of Florida pursuant to 28 U.S.C. 1395. 6. Venue is proper in the District Court for the Middle District of Florida, pursuant to 28 U.S.C. 1355(b)(1) and (2), because the acts giving rise to the forfeiture of the Defendant Properties occurred in this district and the Defendant Properties are located in this district. 7. Upon the ?ling of this complaint, the real property will be posted in accordance with Supplemental Rule and 18 U.S.C. 985, and thus no arrest warrant or other Court action shall be required to provide the Court with in rem jurisdiction over the Defendant Real Properties. BASIS FOR-FORFEITURE 8. The Defendant Properties are subject to forfeiture pursuant to 18 U.S.C. 981(a)(1)(C) because they are property constituting or derived from proceeds traceable to a ?specified unlawfulactivity" In particular, the Defendant Properties are traceable to SUAs involving bribery of a foreign official in violation of Guinean law, 18 U.S.C. 1956(c)(7)(b)(iv), and violations of the Case Ddcument 1 Filed 11/21/14 Page 5 "of 18 PageID 5 Foreign Corrupt Practices Act, 15 U.S.C. 78dd-1, et seq. 18 U.S.C. 1956(c)(7)(D). 9. The relevant foreign offenses are criminalized under the laws of the Republic of Guinea: corruption (defined in Article 192 of the Guinean Criminal Code) and trading in in?uence (de?ned in Article 195 of the Guinean Criminal Code). See Attachment B. 10. The Defendant Properties are also subject to forfeiture pursuant to 18 U.S.C. 981(a)(1)(A) as property involved in money laundering because they constitute property involved in a transaction in violation of 18 U.S.C. 1957, or are property traceable to such assets. Section 1957 prohibits conducting a monetary transaction with property known to be the proceeds of an SUA with a value greater than $10,000; the proceeds of a foreign offense involving the bribery of a public official or of a violation of the Foreign Corrupt Practices Act. 11. Speci?c details of the facts and circumstances supporting the forfeiture of the Defendant Property have been provided by Special Agent Christopher Martinez of the Federal Bureau of Investigation. The following recitation from Special Agent Martinez does not include all facts known to him or other investigators in this investigation, but is instead a recitation of certain facts set forth to satisfy the government?s pleading requirement in ?ling this complaint. In particular, many of the facts set forth below are drawn from a declaration signed by Mamadie Tour? that was published on a Guinean government website. Case Document 1 Filed 11/21/14 Page 6 of 18 PageI?D 6 12. In 2000, Mamadie Tour? married Lansana Cont?, who had been the President of Guinea since 1984. She became his fourth wife. President Cont? supported Mamadie Tour? financially, and would discuss political matters with her. 13. The Company, the identity of which is known to the attesting agent, is engaged in the mining industry and wished to obtain mining rights in Guinea. 14. Guinea is home to the Simandou mountain range, which contains one of the world?s most valuable, untappedsources of iron ore, likely worth billions of dollars ("the Simandou concession?). At the time that The Company approached Tour?, another mining company held the rights to mine the Simandou concession. A. As Tour? Admits, She Received Payments from The Company 15. As described in this section, in her signed declaration, Mamadie Tour? admitted receiving payments from The Company in Guinea, Sierra Leone, and Florida, in furtherance of The Company?s corrupt scheme to influence 0 President Cont? to award it the iron ore mining rights in Guinea. 16. Of?cials from The Company were ?rst introduced to Tour? by Fod? Soumah, a minister in President Cont??s government. Minister Soumah brought an individual named Frederic Cilins to meet Tour?. Cilins worked for The Company through a company Cilins and two other individuals owned. Cilins explained to Tour? that The Company wanted to gain the rights to iron ore in Guinea. Case Document 1 Filed 11/21/14 Page 7 of 18 PagelD 7 17. Cilins and Minister Soumah told Tour? that Tour? and 'other Guineans, including public of?cials, would receive $12 million if The Company . succeeded in its efforts to'win the rights to the Simandou concession. 18. Between 2006 and 2008, Tour? signed numerous contracts with The Company and related companies, including a company co-owned by Cilins, which held an interest in The Company?s Guinean subsidiary. In those contracts, The Company and related companies promised to pay Tour?. The Company signed those contracts with Tour? in order to corruptly influence her husband to award the rights to the Simandou Concession to The Company. Tour? signed at least one of the contracts on behalf of her company, Matinda, which was incorporated in Guinea at the time. 19. At the same time, Tour? began receiving payments from The Company. After one meeting with an executive af?liated with The Company, Tour? received a payment of $200,000 cash from an employee of The Company?s Guinea subsidiary. Later, she received two Land Cruisers, diamond jewelry, and, in 2008, $1 million in cash from a senior executive at The Company (the ?Senior Executive?). 1 20. The Company made payments to Tour? as part of its corrupt scheme to in?uence her husband to award it valuable mining rights. During the period when she received these payments, Tour? arranged and attended meetings between The Company, President Cont?, and multiple Guinean government ministers. She also informed President Cont? that The Company Case Document 1 Filed 11/21/14 Page 8 of 18 PagelD 8 was making payments to her. In 2008, President Cont? issued a decree stripping mining rights to the Simandou concession from the mining company that held the mining rights. At that point, multiple other companies, including The Company, sought to assume the rights to the Simandou concession. On behalf of The Company, the Senior Executive then told Tour? that he wanted another meeting with President Cont?. Tour? obliged, arranging a second meeting with her husband, President Cont?. 21. During the meeting that Tour? arranged, which involved President Cont?, Minister of Mines Louceny Nab?, and the Senior Executive, President Cont? questioned whether The Company would eventually cast Tour? aside. The Senior Executive promised President Cont? that such a thing would not happen. 22. In December 2008, President Cont? awarded the Simandou concession to The Company. He died later that month. 23. Tour? fled to Sierra Leone shortly after President Cont??s death. As Tour? has admitted in her declaration, pursuant to the already agreed upon bribery scheme, she received additional payments from The Company?s agents in Sierra Leone. Those payments totaled over $2 million. B. Corruption Proceeds Received and Transferred Into the United States 24. In late 2009 or early 2010-, Tour? moved to the United States. In the United States, Tour? continued to receive payments from The Company's Case Document 1 Filed 11/21/14 Page 9 of 18 PageID 9 agents. Tour? also transferred money she had received from The Company while living in Sierra Leone into bank accounts in the United States. 25. Between July 2010 and May 2012, Cilins, other owners of his company, or their agent(s), made at least the following payments on behalf of The Company to Tour?: Date (on or about) Amount Method of Payment July 21, 2010 $149,970 Cash July 27, 2010 $100,000 Check August 5, 2010 $50,000 Check August 5, 2010 $99,970 Wire October 2011 $500,000 Wire January 2012 $250,000 Wire January 2012 $150,000 Wire May 2012 $936,451.02 Wire 26. In January 2013, the United States began investigating the bribes that The Company paid to obtain the Simandou Concession. After Tour? learned of the investigation, Cilins offered to pay her money to, among other things, leave the country so that she could avoid answering questions from the FBI. 27. On or about March 10, 2014, Cilins pled guilty to a one-count information charging him with obstruction of justice, in violation of 18 U.S.C. 1512, as a result of his efforts to obstruct the criminal investigation. C. The Purchase of the Defendant Properties 28. Tour? used the money she received from The Company to purchase the Defendant Properties. a. The Purchase of Defendant Yacht Basin Propertv case Document 1 Filed 11/21/14 Page 10 of 18'PagelD 10 29. Of the over $2 million that Mamadie Tour? received on behalf of The Company while living in Sierra Leone, approximately $998,000 was transferred into an account in her name at Rokel Commercial Bank in Freetown, Sierra Leone, in September 2009. 30. On or about October 19, 2009, Tour? transferred $494,826.40 from her account at Rokel Commercial Bank to a title service in the United States for the purchase of the Defendant Yacht Basin Property. 31. The Defendant Yacht Basin Property was deeded to Tour? on or about November 4, 2009 for $489,900. 32. On or about July 30, 2013, Tour? conveyed the Defendant Yacht Basin Property to herself and a company she controls, Matinda Co., LLC (?Matinda?), for $10.00. 33. Matinda is a Florida limited-liability company headquartered at the address of the Defendant Yacht Basin Property. Its two Managing Members are Mamadie Tour? and Matinda Holdings, LLC. 34. Matinda Holdings, LLC is a Florida limited liability company. Its sole managing member is Tour?, and it is also headquartered at the Defendant Yacht Basin Property. b. The Purchase of Defendant Pierce Arrow Propertv 35. On or about November 8, 2010, a Wells Fargo account in Tour??s name (?Tour? Wells Fargo received a transfer of $730,000 from another Tour? account at Wells Fargo. That $730,000 transfer Was funded principally by 10 Case Document 1 Filed 11/21/14 Page 11? of 18 PageID 11 three sources: approximately $450,000 that Tour? received from Cilins and other owners of his company in July and August, 2010; approximately $40,000 in wires that she received from an account in her second husband?s name in March, 2010; and approximately $240,000 that she received from Matinda Co. in March and July, 2010. Matinda Co. Ltd. is a Sierra Leone-registered entity in which Tour? and her second husband held a 60% share. 36. After receiving the $730,000 transfer in November 2010, the balance in Tour? Wells Fargo 1 had dwindled to $80,554.61 by October, 2011. 37. On or about October 11, 2011, Tour? received a $500,000 payment on behalf of The Company (through a company owned by an agent for Cilins) into Tour? Wells Fargo 1, increasing the balance to $580,539.61.1 38. On or about November 18, 2011, Tour? used $565,629.64 from Tour? Wells Fargo 1 to open a new account at Wells Fargo Bank in her name ("Tour? Wells Fargo 39. On or about December 27, 2011, Tour? transferred $5,000 from Tour? Wells Fargo 2 to a real estate attorney for the purchase of the Defendant Pierce Arrow Property. 40. On or about January 5, 2012, Tour? transferred $123,348.50 from Tour? Wells Fargo 2 to the same attorney. That same day, the attorney prepared a deed transferring the Defendant Pierce Arrow Property to Tour? for $128,000. 1A $15.00 wire transfer service charge was deducted from Tour??s account in connection with the $500,000 wire. 11 Case Document 1 Filed 11/21/14 Page 12 of 18 PageID 12 41. On or about October 28, 2013, Tour? granted the Defendant Pierce Arrow Property to Matinda for $10.00. c. The Purchase of Defendant Fern Hammock Pronertv 42. On or about January 11, 2012, Tour? received a $150,000 transfer on behalf of The Company (through a company owned by an agent for Cilins) into Tour? Wells Fargo 2. 43. On or about January 27, 2012, the Defendant Fern Hammock Property was deeded to Mamadie Tour? and Matinda for $130,000, in equal 50% shares. 44. On or about January 30, 2012, $128,750.55 was transferred to Tour? Wells Fargo 2 for the purchase of the Defendant Fern Hammock Property. 45. On or about october 28, 2013, Tour? granted the Defendant Fern Hammock Property to Matinda for $10.00. d. The Purchase of the Defendant Restaurant and Market Equipment 46. in September 2012, Mamadie Tour? also incorporated three Florida companies, Pangea Island, LLC (?Pangea?), Pangea Island Grille, LLC, and Pangea island Market, LLC, for the purpose of operating a restaurant and market .in Florida. The restaurant and market did not begin operating until after Tour? had purchased the Defendant Real Properties. 47. The money that Tour? used to purchase the Defendant Restaurant and Market Equipment is traceable to payments she received on behalf of The Company. Between January 2013 and September 2013, Tour? wired more than 12 case Document 1 Filed 11/21/14 Page 13 of 18 PageID 13 $600,000 to the account at Fifth Third Bank that purchased the Defendant Restaurant and Market Equipment, in a series of purchases described below. The $600,000 worth of wires came from accounts held in Tour?'s name and in the name of her other company, Matinda, at Wells Fargo Bank, and were funded by a transfer of $936,451 that Tour? received on behalf of The Company (through a company owned by an agent for Cilins) on or about May 14, 2012. 48. Funds paid to Tour? on behalf of The Company were transferred to accounts at Wells Fargo and then to the Pangea account at Fifth Third Bank that purchased the Restaurant and Market Equipment (?Pangea Fifth Third?), as set forth in the table below: Date Account Amount 5/14/2012 Company Tour? Wells Fargo 2 $936,451.02 Helm 0/13/2012 Matinda Wells Fargo Pangea Fifth Third $250,006 1/31/2013 Matinda Wells Fargo Pangea Fifth Third $150,000 7/19/2013 $100,000 2 ?Tour? Wells Fargo 3? refers to a third account at Wells Fargo in Tour??s name. 3 ?Matinda Wells Fargo" refers to an account at Wells Fargo in Matinda?s name. 13 case Document 1 Filed 11/21/14 Page 14 of 18' PageID 14 a ?u . TOTAL payments Tour? receive and transferred to Pangea 49. Between February 2013 and September 2013, Pangea made seven payments from the Pangea Fifth Third account to Patterson Scale Restaurant to purchase most of the Defendant Restaurant and Market Equipment. The payments totaled $273,000. 50. Between March 2013 and August 2013, Pangea also paid $28,918.68 to JCR Systems from the same Fifth Third Bank account for the purchase of additional polnt-of-sale item(s) comprising part of the Defendant Restaurant and Market Equipment. 51. ln-summary, Tour? received millions of dollars from The Company and its representatives in connection with a corrupt scheme to influence her husband to award valuable mining rights to The Company. The Company continued to ful?ll its promise to pay Tour? and continued its corrupt scheme after her husband?s death, making payments in Sierra Leone and the United States. Tour? laundered the bribe payments through the US. financial system, making numerous transfers between bank accounts in excess of $10,000 and ultimately purchasing the Defendant Properties for sums also greater than $10,000. 14 Case Document 1 Filed 11/21/14 Page 15 of 18 PageID 15 THE DEFENDANTS IN REM 52. As set forth in Supplemental Rule and 18 U.S.C. 985. the United States will, for each of the Defendant Real Properties: 3. post notice of this action and a copy of the complaint on the Defendant Real Property: b. serve notice on the property owner. along with a copy of the Complaint; 0. ?le a [is pendens of the Defendant Real Properties? status in this in rem action; and d. provide notice in accordance with SupplementalRule 53. The record owner ?of the Defendant Real Properties is Matinda. ?54. As set forth in Supplemental Rule the United States will. for . the Defendant Restaurant and Market Equipment: 3. apply to the Court for a Warrant of Arrest in Rem; and b. provide notice in accordance with Supplemental Rule The owner of the Defendant Restaurant and Market Equipment is Pangea. 55. As required by Supplemental Rule the facts set forth herein support a reasonable belief that the Government will be able to meet its burden of proof at trial. 56. Speci?cally, for the reasons set forth above, probable cause exists to believe that the Defendant Properties were involved in a monetary transaction, affecting interstate or foreign commerce, in property of a value greater than $10,000, which was criminally derived from speci?ed unlawful activity, that is, 15 case Document 1 Filed 11/21/14 Page 16 of 18 PageID 16 conduct constituting a violation of an offense in violation of Guinean law (Articles 192 and/or 195 of the Guinean Criminal Code) involving bribery of a public of?cial, and/or (ii) the Foreign Corrupt Practices Act. 57. As further set forth above, such transactions or attempted transactions were conducted with the knowledge that the property involved was criminally derived. Accordingly, the Defendant Properties are subject to forfeiture to the United States pursuant to 18 U.S.C. 981(a)(1)(A) on the grounds that they constitute property involved in transactions or attempted transactions in violation of 18 U.S.C. 1957, or are traceable to such property. 58. In addition, for the reasons set forth above, probable cause exists to believe that the Defendant Properties constitute or are derived from the proceeds of specified unlawful activity, that is, conduct constituting a violation of an offense in violation of Guinean law involving bribery of a public of?cial (Articles 192 and/or195 of the Guinean Criminal Code), and/or (ii) the Foreign Corrupt Practices Act, or a conspiracy to commit such offenses. Thus, the Defendant Properties are subject to forfeiture to the United States pursuant to 18 U.S.C. WHEREFORE, the United States requests that process, in accordance with the provisions of Supplemental Rule G. be issued against the Defendant Properties to enforce the forfeiture and that any person or persons having an interest therein be cited and directed to appear and show cause why it should not be decreed; and that the Defendant Properties be forfeited to the United States 16 ?9 Document 1 Filed 11/21/14 Page 17 of 18 PageID 17 for disposition according to law; and that the United States have such other and further relief as this case may require. Dated: November 21, 2014 By: Respectfully Submitted, JAIKUMAR RAMASWAMY, CHIEF Asset Forfeiture and Money Laundering Section US. Department of Justice ?at ALEXIS J. LOEB Trial Attorney Asset Forfeiture and Money Laundering Section Criminal Division United States Department of Justice 1400 New York Avenue, N.W., Suite 10100 Washington, DC. 20005 Telephone: (202) 514-1263 Attorneys for Plaintiff UNITED STATES OF AMERICA 17 . Case Document 1 Filed 11/21/14 Page 18 of 18 PagelD 18 VERIFICATION I, Christopher Martinez hereby verify and declare under penalty of perjury, that I am a Special Agent with the Federal Bureau of Investigation and pursuant to 28 U.S.C. 1746, that have read the foregoing Verified Complaint for Forfeiture in Rem and know the contents thereof, and that the matters . contained in the Veri?ed Complaint are true to my own knowledge and belief. The sources of my knowledge and information and the grounds of my belief are the official ?les and records of the United States, information supplied to me by other law enforcement officers, as well as my investigation of this case. I hereby verify and declare under penalty of perjury that the foregoing is true and correct. Executed this l1 day of November, 2014. - Special 7gent Christopher Martinez 18 Case Document 1-1 Filed 11/21/14 Page 1 of 1 PageID 19 CIVIL COVER SHEET hit/L3 52:93?) Is 44 (Rev. th?IZ) The IS 44 civil cover sheet and the information contained herein neither replace nor supplement the ?lin and service of pleadings or other papers as re provided by local rules ofeourt. This form, approved by the Judicial Conference ofthe purpose of initiating the civil docket sheet. (SI-IE INSTRUCTIONS ON OF THIS 1. PLAINTIFFS UNITED STATES OF AMERICA County of Residence of First Listed Plaintiff (ILYCEPTIN US. PIAINTIFF CASES) DEF ENDANTS (C) Attorneys (Firm Nettie, Address. and thephone Number) Alexis Loeb. Trial Attorney US. Department of Justice. Asset ForfeituretMoney Laundering Section 1400 New York Avenue NW, Washington, DC 20005 NOTE: Attorneys (if ?own) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVF. . nited States in eptember I974, is required for the use of the attired by law, except as Ierlr ofCourt for the REAL PROPERTY, INCLUDING ALL IMPROVEMENTS THEREON AND APPURTENANCES THERETO. LOCATED AT 4866 YACHT BASIN DRIVE, ET AL. County of Residence of First Listed Defendant Duval my CA S153 ONL r) II. BASIS OF JURISDICTION {Place on in One Bothit'y) {For Diversity Cases Only) 111. OF (Place an "X"t't10tie Boxfor Plating? and One ?oxfor Dcfettdantl PI I U.S. Government El 3 Federal Question PTF DEF PTF DEF Plaintiff (US. Government Not tr Party) Citizen of'lbis State 1 El Incorporated or Principal Place [3 4 CI 4 ofDusincss In This State CI 2 US. Government El 4 Diversity Citizen ofAnolher State Cl 2 2 Incorporated and Principal Place 5 Cl 5 Defendant (indicate C't'tt'zen.rhtp in Item of Business In Another State Citizen or Subject ofa El 3 Cl 3 Foreign Nation 6 Cl 6 Foreign Country IV. RE {Place on in One Box Only) . CONTRACT - TORTS - FORFEITUREIPENALTY BANKRUPTCY OTHER STATUTES CI 1 It} Insurance PERSONAL INJURY PERSONAL INJURY Cl 625 Drug Related Seizure Cl 422 Appeal 28 USC ISS 375 False Claims Act 120 Marine Cl 310 Airplane El 365 Personal Injury - ufl'roperty 2 USC 88l El 423 Withdrawal Cl 400 State Reapportionment CI 130 Miller Act l3 315 Airplane Product Product Liability 690 Other 28 USC I57 Cl 410 Antitrust Cl 140 Negotiable Instnunent Liability CI 367 Health Carol 430 Banks and Banking Cl [50 Recovery Cl 320 Assault. Libel Pharmaceutical PROPERTY-RIGHTS - Cl 450 Commerce Enforcement ofJudgment Slander Personal Injury CI 320 Copyrights El 460 Deportation Cl Medicare Act 330 Federal Employers' 1 Product Liability CI 830 Patent El 470 Racketeer In?uenced and CI [52 Recovery of Defaulted Liability [3 368 Asbestos Personal El 840 Trademark Cun?upt Organizations Student Loans 340 Marine Injury Product 480 Consumer Credit (Excludes Veterans) 345 Marine Product Liability - . SOCIAL-SECURITY . 490 Cable/Sat TV 0 153 Recovery of Overpayment Liability PERSONAL PROPERTY CI Till Fair Labor Standards CI 86] HIA Cl 850 Securitiesr?Camtnodities! ofVeteran?s Bene?ts Cl 350 Motor Vehicle Cl 370 Other Fraud Act CI 862 Black Lung (923) Exchange 0 lot) Suits Cl 355 Motor Vehicle Cl 371 Truth in Lending 720 Labortl?vlanagemcnt CI 863 (405(3)) CI 390 Other Statutory Actions 0 I90 Other Contract Product Liability 330 Other Personal Relations Cl 864 SSID Title XVI Agricultural Acts CI I95 Contract Product Liability CI 360 Other Personal Property Damage CI 740 Railway Labor Act CI 865 RSI (405(9) 0 393 Matters Cl I96 Franchise Injury CI 385 Property Damage 0 75! Family and Medical 0 895 Freedom oflnformation CI 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice CI 790 Other Labor Litigation Cl 896 Arbitration I REAL PROPERTY CIVIL RIGHTS PRISONER El 791 Employee Retirement FEDERAL TAX SUITS CI 89?) Administrative Procedure 0 2 [0 Land Condemnation CI 440 Other Civil Rights Corpus: Income Security Act Cl 870 Taxes (US. Plaintiff Actt'Rcview or Appeal of 220 Foreclosure Cl 44l Voting CI 463 Alien Detainee or Defendant) Agency Decision [1 230 Kent Lease Ejectnicnt 3 442 Employment Cl 510 Motions to Vacate Cl 87 IRS?Third Party [3 950 Constitutionality of 240 Torts to Land Cl 245 Tort Product Liability Cl 2?10 All Other Real Property 443 Housingll Accommodations Cl 445 Amer. \vaisabilities - Employment Cl 446 Amer. thisabiIities - Other Cl 448 Educntion Sentence Cl 530 General 26 USC 7609 Cl 535 Death Penalty IMMIGRATION Other: 540 Mandamus Other Cl 550 Civil Rights Cl 555 Prison Condition Cl 560 Civil Detainee - Conditions of Con?nement 462 Naturalization Application Cl IIGS Other Immigration Actions State Statutes V. (Place an in One Box Only) 1 Original Proceeding VI. CAUSE OF ACTION (1 2 Removed from State Court ff] 3 Remandcd from Appellate Court [34 Cite the U.S. Civil Statute under which ou are ?lin 18 USC 981(a)(j)(C) and 18 981(a)1 Brief description ofcause: civil forfeiture in rem Reinstath or Reopened (A) El 5 Transferred from Another District ftl?ct'i??) Sim tartari- diversity: 6 Litigation REQUESTED IN Cl CHECK IF THIS IS A CLASS ACTION DEMAND 5 CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23. .runv DEMAND: 0 Yes No RELATED IF ANY (See Distractions): JUDGE DOCKET NUMBER DATE 1 1/21/2014 I. 6 FOR OFFICE USE ONLY RECEIPT it AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case Document 1-2 Filed 11/21/14 Page 1 of 2 PageID 20 ATTACHMENT A Inventory of Pangea island Grille and Market Pangea Island Grille Inventory Sheet 165 Everest Lane, Suite 5, St. Johns, Florida 32259 ITEM: SERIAL NUMBER: MODEL NUMBER: DESCRIPTION: Printer P010UC40450545 Cash Drawer 1 DOUH41625564 D100 Clover - Payment System - 3 piece (monitor display, printer cash drawer) 2 Stainless Steel Wail Shelf - (3 Shelf Unit] 3 VFTS 1830 BK Resources Stainless Steel Work Table 4 Cooler Drink Fountain Station - Coca-Cola National Service System 5 605682-20613 152587 Ice Storage 8in - Follett (Hoshlzaki) 6 7783334 T55U2 True Refrigerator -Stalnless Steel Refrigerator 7 7779922 T2362 True Refrigerator -Stalniess Steel Refrigerator Tail 8 Shelving Unit Coated Green - (4 Shelf Unit) 9 7573278 GDM23 True Refrigerator - Cooler 10 Shelving Unit Coated Green - (5 Shelf Unit) 11 BK Resources Stainless Steel Shevilng Unlt - (3 Shelf Unit) 12 BK Resources Stainless Steel Shevling Unit - (3 Shelf Unit) 13 Stainless Steel Work Table Shell 14 Shelving Unit Coated Green - (1 Shelf Unit) 15 Shelving Unit Coated Green - (5 Shelf Unit) 16 Shelving Unit Coated Green - (5 Shelf Unit) 17 Shelving Unit Coated Green (5 Shelf Unit] 18 14-24L 8K Resources Commerical Sink 3 Bin Unit mam?mm?m 77* W212568 CMA-180 CMA- 180 Commerlcal Dishmachlne 20 4824 VH8 Captive Alre - Stainless Steel Exhaust Hood 21 BK Resources Stainless Steel Commerlcal Sink 22 Shelving Unit Coated Green - (4 Shelf Unit] 23 01419 Wall Mount Stainless Steel Sink 24 01410 Wall Mount Stainless Steel Sink 25 7532587 TWT-48F True Freeler w/countertop 26 801357307003 FD42H APW Wyott - Overhead Warmer 27 8013511307004 FD42H APW Wyott - Overhead Warmer 28 Stainless Steel Overhead Rack (Single Shelf) 29 813941307558 W3VI APW Wyatt - insulated Warmer 30 813941307509 APW Wyatt - Insulated Warmer 31 Stainless Steel Rack w/Countertop and Single Shell 32 814591307002 APW - Wyatt - Holding Drawer 33 7681088 TSSU4812 True Refrigerator - Prep Station Fridge 34 2261714050600310 SP 700 Star Order Printer 35 2024 Single Stainless Steel Shell 36 Single Stainless Steel Shell 37 Amana - Commerlcal Microwave 38 7812333 TWT-T36 True Refrigerator w/countertop 39 7742234 T726 3-Door True Refrigerator 4O 1336A017383 10 State Select - Commerlcal Water Heater 41 7539352 T49F 2 DoorTrue Freezer 42 Stainless Steel Sink 43 8KS-118-12-18L Commercial Stainless Steel Sink 44 Shelving Unit Coated Green - (1 Shelf Unit) 45 5424ND-2 Captive Aire - Exhaust Hood 46 87908100060 SX34GCR South Bend- Commercial Dual Oven w/storage 47 723732 63205 a Moffat; Turbofan- Cooker/Oven 43 Vulcan - Commerlcal Stove Oven 49 Vulcan - Commerlcal Grill 50 DV1046253H8 DV104628H8 LG 400/ LG 400 Vulcan - Pair of Commerlcal Deep Fryers 51 VETS-1830 Stainless Steel Storage Rack 52 AEA3425YXA TSSU2712 True Refridgeration - Prep Station 53 2261714050601080 SP 700 Star SP700 Ordering System 54 708721 88584RT Periick 3 - Door Refrigerator 55 708722 885108RM Periick 4 Door Keg Cooler w/Dispensers 56 708720 88560RT Periick 2 - Door Cooler Monitor - Printer P010UC40450634 Cash Drawer 57 DOUH 0100 Clover - Payment System - 3 piece (monitor display, printer 8: cash drawer) 587 Wunderbar Cooler 8: Table w/ Dispenser 59 BKUBS 360T BK Resources Commercial Bar w/3 sinks w? ?9 ?m Periick - 2 Bar sinks w/ 2 stands 61 Periick Wunderbar w/dispenser Case Document 1-2 Filed 11/21/14 SERIAL NUMBER: 63 47258 47261 a. 47260 655421821 13-33390-02 13-33391-02 13-3339 2-02 E14113-0132 KMS-306 BKHS-D-1410 78 79 81 BKHS-1-24-14 FR2161196 1211-2947 P01123088 1212E60314 45 Page 2 of 2 PageID 21 ATTACHMENT A Inventory of Pangea Island Grille and Market Island Market 132 Everest Sulte St. NUMBER: 7588647 238557 Sheet Florlde 32259 Island Market - Cases Lowe - Scale Cases Lowe Scale for Cases - Case - Refrlferated Case Scale Steel Table Steel Statlon Steel Steel Table - Steamer Steel 7082 Turbofan Electric Convectino Oven Steel Table Steel Table Steel Steel Unlt Shelves Stove Oven F-ISOOM RH Pot 8: Lever Dralns Steel Table Hoshlzakl - Flake Ice Machlne - Commerclal Freezer Steel Portable Floor Racks Steel Table - Electronlc Time clock Coated Shelf Rack Unit Freezer Walk-ln Freezer - Freezer - Cream Cooler - UEBHERR Polnt of Sale Machlne - All Inclusive ECRs BOSE rack rack Monitor Fixtures WCase Document 1-3 Filed 11/21/14 Page 1 of 3 PageID 22 ATTACHMENT GUINEAN CRIMINAL CODE (Unof?cial English Translation) 1 - PENAL CODEOF THE REPUBLIC OF GUINEA LAW 98/036 OF 31 DECEMBER 1998 ESTABLISHING A PENAL CODE THE NATIONAL ASSEMBLY OF THE REPUBLIC OF GUINEA Having regards to article 59 of the Fundamental Law; After deliberations, adopts; THE PRESIDENT OF THE REPUBLIC enacts the Law which provides as follows: BOOK FELONIES.IMISDEMEANORS AND THEIR SANCTIONS TITLE I: FELONIES AND MISDEMEANORS AGAINST THE COMMONWEALTH CHAPTER IV: FELONIES AND MISDEMEANORS AGAINST PUBLIC SECTION II: FELONIES AND MISDEMEANORS OF PUBLIC OFFICIALS IN THE COURSE OF THEIR DUTIES AND OTHER VIOLATIONS OF LIBERTY Paragraph 5: Corruption Article 191: - Corruption is a passive offense when it results from one person being corrupted. and an active offense When it results from one person corrupting another. 1 - Passive corruption: Article 192: - Shall be sentenced to one to ?ve-year imprisonment and a ?ne amounting to twice the value of the promises that were accepted or the things that were received or requested - the minimum amount of such a fine being 100,000 Guinean francs any person who solicited or accepted offers or promises, solicited or received donations or presents for: . 1 - while holding an elected office. or as a public of?cial of the administrative or civil justice system, a military or assimilated officer, agent or employee of a Public administration or a citizen charged with a mission of public service, performing or omitting to perform an act that falls within its duties or its employment. fair or not, but not subject to payment of wages; 2 - as an arbitrator or expert appointed either by the Court or by the parties, issuing a decision or opinion in favor or against a party; ?Case DoCument 1-3 Filed?11/21/14 Page 2 of 3 PagelD 23 3 - as a Doctor, Surgeon, Dentist, Midwife, certifying falsely or concealing the existence of a disease, handicap or pregnancy, or making misrepresentations on the origin of a disease or handicap or the cause of a death. Article 193: - Shall be sentenced to 1 to 3~year imprisonment and a fine of 50,000 to 200.000 Guinean francs, or to one of those two penalties only, any clerk, employee or agent, whether he receives wages or other forms of compensation, who either directly or through an? intermediary, without the knowledge and consent of his superior, solicited or accepted offers or promises, or solicited or received donations, presents, commissions, discounts or premiums for performing or omitting to perform an act that falls within its employment. it offers, promises, donations or solicitations aimed at the performance or the omission to perform an act which, although it falls outside the duties of the corrupted individual, was or would have been facilitated by his position or by the service he provided, the penalty shall, in the case referred to in paragraph 1 of article 192, be 1 to 3-year imprisonment and a ?ne of 100,000 to 500,000 Guinean francs and, in the case of paragraph 2, 6-month to 2-year imprisonment and a ?ne of 50,000 to 100,000 'Guinean francs, or one of those two penalties only. Paragraph 6: Trading in influence Article 195: - Shall be sentenced to 1 to 5?year imprisonment and the fine provided in article 192 any person who solicited or accepted offers or promises, solicited or received donations or presents in order to secure or attempt to secure decorations, medals, honors or awards, seats, positions or employment or any favor granted by State Authorities, contracts, businesses or other benefits resulting from agreements concluded with State Authorities or an Administration under State control or, more generally, a favorable decision from such Authority or Administration, and who thereby abused a real or presumed influence. Nonetheless, when the guilty party is one the persons referred to in the ?rst paragraph of article 192 and abused the real or presumed influence that his mandate or position provides, the imprisonment penalty shall be for a period of 2 to 10 years. Paragraph 7: Common provisions Article 196: In cases where corruption or trading in in?uence relates to a criminal act subject to a more severe penalty than imprisonment, this more severe penalty shall be applied to the guilty parties. in cases referred to in paragraphs 1 and 3 of article 192 and paragraph 2 of article 193, the guilty party, if it is an Officer, shall also be sentenced to destitution. in cases referred to in the four preceding articles, guilty parties may also be deprived of the rights mentioned in article 371 for a period of at least 5 years up to 10 years starting from the day they served their sentence. The rights referred to in Article 37 of the Penal Code are: the right to vote and to be elected; the right to be appointed to public employment and to a jury; the right to bear arms; the right to be appointed as guardian; the right to vote in family deliberations; the right to be appointed as an expert or to participate in proceedings as a witness; the right to give a deposition as a witness absent requisition of the Public Prosecutor. ~~?Case Document 1-3' Filed 11/21/14 Page 3 of 3 PageID 24 The corrupting individual will never receive restitution of the things he delivered or their value; they will be confiscated for the benefit of the Treasury.