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Exhibit 96 Case 1:11-Cr-10286-DPW Document 131-3 Filed 06/15/12 Page 2 of 124 Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 1 of 124 Exhibit 96 Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 2 of 124 HOW TO FIND MISSING-PERSONS A Handbook For Investigators Revised and Expanded Second Edition Ronald Eriksen_ Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 3 of 124 ' ' -~06/11 ICMIPR0l 22:08:36 Page 1 .le a~d Character of Case: ORGANIZED CRIME DRUG INVESTIGATION Date Property Acquired: Source from which Property Acquired: 1012 3RD ST, APT 303 07/06/2011 SANTA MONICA CA Anticipated Disposition: Acquired By: Case Agent: KOCH KRISTIN D TEAHAN RICHARD E Description of Property: Date Entered lB 172 ITEM 25: BOOK "HOW TO FIND MISS.ING PERSONS", WESTERN UNION BUSINESS CARD (ROOM B, BOOKSHELF) Barcode ,. - · · · Location: ECRl 07/06/2011 • Case Number: Om.ing Office: LOS ANGELES ,......,,11.4,..._ Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 4 of 124 Exhibit 97 Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 5 of 124 Murders Charged in Third Superseding Indictment • United States v. Bulger etal, Criminal No. 99-10371-RGS 1. Michael Milano (March 8, 1973) 2. Al Plummer (March 19, 1973) 3. William O'Brien (March 24, 1973) 4. James O'Toole (December I, 1973) 5. Al Notorangeli (February 21, 1974) 6. James Sousa(October 1974) 7. Paul McGonagle (November 1974) 8. Edward Connors (June 12, 1975) 9. Thomas King (November 5, 1975) 10. Francis "Buddy" Leonard (November 6, 1975) 11. Richard Castucci (December 30, 1976) • 12. Roger Wheeler (May 27, 1981) 13. Debra Davis (Late 1981) 14. Brian Halloran (May 11, 1982) 15. Michael Donahue (May 11, 1982) 16. John Callahan (August I, 1982) 17. Arthur "Bucky" Barrett (July 1983) 18. John McIntyre (November 30, 1984) 19. Deborah Hussey (early 1985) • Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 6 of 124 Exhibit 98 Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 7 of 124 Page I 670 F.3d 48 • (Cite as: 670 F.3d 48) H Affirmed in part, reversed in part, vacated in part, United States Court of Appeals, and remanded. First Circuit. John E. DAVIS, Administrator of the Estate of Debra West Headnotes Davis; Robert P. Davis, Administrator of the Estate of Debra Davis; Marion Hussey, in her capacity as Ad· l!l Death 117 €;:;:,,17 ministratrix of the Estate of Deborah Hussey, Plain- tiffs, Appellees/Cross-Appellants, ill Death V. 1I 7Ill Actions for Causing Death UNITED STA TES of America, Defendant, Appel- l I 711l(A) Right of Action and Defenses lant/Cross-Appellee I l 7k 12 Grounds of Action John J. Connolly; John M. Morris; Lawrence Sarhatt; ll 7kl 7 k. Proximate cause of death. H. Paul Rico; Robert Fitz.patrick; James Ring; Rode­ Most Cited Cases rick Kennedy; James Greenleaf; James Abeam; James Bulger; Stephen Flemmi; John Does 1-50, Defen• dants. To establish liability under Massachusetts' Wrongful Death Act, in addition to wrongfulness, it must be shown that defendant's conduct was a but-for Nos. 10-1418, 10-1419, 10-1465, 10-1466, cause of plaintiffs injury, and that defendant's conduct l 0-2368, I0-2369, 11-2254, 11-2256. was a substantial legal factor in bringing about the Heard Oct. 6, 2011. alleged harm to the plaintiff M.G.L.A. c. 229, § 2 . Decided Jan. 20, 2012. Federal Courts 170B €:=>776 Background: Families and estates of two women ill • killed by organized crime gang members who were also Federal Bureau of Investigation (FBI) informants 170B Federal Courts brought action against the United States under the l 70BVIII Courts of Appeals Federal Tort Claims Act (FTCA) in connection with I 70BVIIl(K) Scope, Standards, and Extent the murders. The United States District Court for the I 70BVIII(K)I In General District of Massachusetts, William G. Young. J., en• I 70Bk776 k. Trial de novo. Most Cited tered judgment for the families and estates, 682 F,Supp.2d 60, and awarded sanctions against the United States, 739 ESupp.2d 64. The United States Federal Courts 170B €:=>871 appealed, and the families and estates cross-appealed, seeking an increase in damages. 170B Federal Courts 170BVIIJ Courts of Appeals Holdings: The Court of Appeals, Boudin, Circuit I70BVIIl(K) Scope, Standards, and Extent Judge, held that: I 70BVlll(K)5 Questions of Fact, Verdicts ill district court's finding that FBl's negligence was and Findings the "but for" causation of the women's deaths was not l 70Bk870 Particular Issues and Ques- clearly erroneous; tions l2) murders of the two women were foreseeable; 170Bk871 k. Damages and extent of Q) mother's claim for loss of consortium survived as a relief. Most Cited Cases claim for "other damage to the person"; and @) award of $350,000 for each murder victim's con­ Review of Federal Tort Claims Act (FTCA) scious pain and suffering was not so low as to bench trial awards is for clear error as to factual issues • represent an abuse of discretion. and de novo as to questions oflaw. 28 U .S.C.A. §§ © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 8 of 124 Page2 670 F.3d 48 (Cite as: 670 F.3d 48) 1346, 2671 et seq. (FBI) informants, that FBI's negligence, in connection • with its handling of the informants, was the "but for" ill Federal Courts 1708 €=875 causation of the deaths of the two women, was not clearly erroneous, in light of evidence that the FBI frustrated the capture and prosecution of the infor­ 170B Federal Courts mants. 28 U.S.C.A. §§ 1346, 2671 etseg. l 70BVIII Courts of Appeals 170BVl1J(K) Scope, Standards, and Extent 170BVlll(K)5 Questions of Fact, Verdicts Ifil Death 117 ,C::,,17 and Findings J 70Bk870 Particular Issues and Ques- ill Death tions I 17Ill Actions for Causing Death 170Bk875 k. Personal injuries and I l 7111(A) Right of Action and Defenses death. Most Cited Cases l l 7k 12 Grounds of Action l l 7k17 k. Proximate cause of death. United States 393 €:=>143 Most Cited Cases 393 United States United States 393 ,C::,,78(9) 3931X Actions 393kl43 k. Trial. Most Cited Cases 393 United States 393V Liabilities Under the Federal Tort Claims Act (FTCA), the 393k78 Torts existence and extent of a duty of care are questions of 19Jk78(5) Nature of Act or Claim law; whether any such duty has been breached and 393k78(9) k. Personal injuries in gen­ whether proximate cause exists are questions for the eral. Most Cited Cases factfinder, whose determination is binding on appeal unless clearly erroneous. 28 U.S.C.A. §§ 1346, 2671 In applying Massachusetts law to Federal Tort et seg. Claims Act (FTCA) action brought by the families and • estates of two women killed by organized crime gang ~ Death 117 €=t7 members who were also Federnl Bureau of Investiga­ tion (FBI) informants, the murders of the two women were foreseeable following the reckless in the extreme ill Death conduct of FBI agents in deliberately intervening to 117111 Actions for Causing Death prevent the informants from being caught and prose- · l!]IJJ(A) Right of Action and Defenses cuted; although there was no evidence that the FBI I 17k I 2 Grounds of Action agents focused on the two women or had special rea­ l 17kl7 k. Proximate cause of death. Most Cited Cases son to believe that the informants would act violently toward them, the agents knew they were protecting extraordinarily violent men who had already see­ United States 393 €:=>78(9) mingly murdered others. 28 U.S.C.A. §§ 1346, 2671 et seg. United States J93V Liabilities Ifil Dea th 117 <C;::;>ss 393k78_ Torts 393k78(5) Nature of Act or Claim Death 393k78(9) k. Personal injuries in gen­ ill l Actions for Causing Death eral. Most Cited Cases 171H ill!JJ.ill.l Damages or Compensation l 17k80 Elements of Compensation District court's finding, in Federal Tort Claims l I 7k88 k. Loss of society. Most Cited Act (FTCA) action brought by the families and estates Cases of two women killed by organized crime gang mem­ • bers who were also Federal Bureau of Investigation © 20!2 Thomson Reuters. No Claim to Orig. US Gov. Works. Case 1:11-cr-10286-DPW Document 131-3 Filed 06/15/12 Page 9 of 124 Page 3 670 F.3d 48 (Cite as: 670 F.3d 48) Under Massachusetts' law, mother's claim for loss awards in similar cases involving either asphyxiation • of consortium arising from the death of her daughter or murder. 28 U.S.C.A. §§ 1346, 2671 et seq. survived as a claim for "other damage to the person." M.G.L.A. c. 228. § l. 121 Federal Civil Procedure 170A ~768 11l Death 117 <C=>s2 170A Federal Civil Procedure 170AXX Sanctions ill Death 170AXX(B) Grounds for Imposition 117lll Actions for Causing Death 170Ak2767 Unwarranted, Groundless or I 17lll(H) Damages or Compensation Frivolous Papers or Claims I I 7k80 Elements of Compensation I 70Ak2768 k. In general. Most Cited I 17k82 k. Suffering of deceased. Most Cited Cases A court may sanction a completely baseless ar­ Death 117 €°=95(1) gument. ill Death *50 Thomas M. Bondy. Appellate Staff, Civil Divi­ I 17lll Actions for Causing Death sion, Department of Justice, with whom Tony West, I l 71Il(H) Damages or Compensation Assistant Attorney General, and Jonathan H.
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