APPENDIX FOR THE UNITED STATES - WillZuzak.caby ptys (3 pgs) (W,J) (Entered: 07/12/1999) 07/14/1999...

No. 12-3114

IN THE UNITED STATES COURT OF APPEALSFOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA,Plaintiff-Appellee,

v.

VERA DEMJANJUK, as Executrix of the Estate of John Demjanjuk,Defendant-Appellant.

ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF OHIO, No. 1:99-cv-1193 The Honorable Dan Aaron Polster, United States District Judge

APPENDIX FOR THE UNITED STATES

STEVEN M. DETTELBACHUnited States AttorneyNorthern District of Ohio

LANNY A. BREUERAssistant Attorney GeneralCriminal Division

CAROLE S. RENDONFirst Assistant U.S. AttorneyNorthern District of Ohio

JOHN D. BURETTAActing Deputy Assistant Attorney GeneralCriminal Division

MICHELLE L. HEYERAssistant U.S. AttorneyNorthern District of Ohio

SUSAN MASLINGSenior Trial Attorney, Human Rights & Special ProsecutionsCriminal Division

JOSHUA S. JOHNSONAttorney, U.S. Department of JusticeCriminal Division, Appellate Section950 Pennsylvania Ave., N.W. #1316Washington, D.C. 20530(202) [email protected]

Case: 12-3114 Document: 006111306645 Filed: 05/15/2012 Page: 1

TABLE OF CONTENTSPage

Docket Sheet,United States v. Demjanjuk, No. 1:99-cv-1193 (N.D. Ohio) . . . . . . 1

Complaint (R. 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Certificate of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58


U.S. District CourtNorthern District of Ohio (Cleveland)

CIVIL DOCKET FOR CASE #: 1:99-cv-01193-DAP

Appeal,Cat12,Termed,Vecchiar

USA v. DemjanjukAssigned to: Judge Dan Aaron PolsterDemand: $0

Cause: 08:1451(a) Revocation of Naturalization

Case in other court: 01-0313602-0352903-037736th Circuit, 12-03114USDC NDOH, 77cv 923

Date Filed: 05/19/1999Date Terminated: 02/21/2002Jury Demand: DefendantNature of Suit: 890 Other Statutory ActionsJurisdiction: U.S. Government Plaintiff

Plaintiff United States of America represented by Edward A. Stutman

Department Of Justice Office Of Special Investigations 1301 New York Avenue, NW Ste. 200 Washington, DC 20530 202-616-2501 LEAD ATTORNEYATTORNEY TO BE NOTICED

Eli M. Rosenbaum U.S. Department of Justice 200 John C. Keeney Bldg. 10th & Constitution Avenue, NW Washington, DC 20530 202-616-2492 Fax: 202-616-2491 Email: [email protected] LEAD ATTORNEYATTORNEY TO BE NOTICED

Patty Merkamp Stemler Department Of Justice Ben Franklin Station

Page 1 of 31Northern District of Ohio

5/11/2012https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?597218096113693-L_1_1-11


Washington, DC 20044 202-514-2611 LEAD ATTORNEYATTORNEY TO BE NOTICED

Robin D. Smith Department Of Justice Torts Branch Civil Division P.O. Box 888 Washington, DC 20044 202-626-4278 LEAD ATTORNEYATTORNEY TO BE NOTICED

Stephen J. Paskey U.S. Department of Justice Office of Special Investigations 200 John C. Keeney Bldg. 10th & Constitution Avenue, NW Washington, DC 20530 202-616-2492 Fax: 202-616-2491 Email: [email protected]

LEAD ATTORNEYATTORNEY TO BE NOTICED

Susan L. Siegal Department Of Justice Office Of Special Investigations 1001 "G" Street, NW Washington, DC 20530 LEAD ATTORNEYATTORNEY TO BE NOTICED

Carole S. Rendon Office of the U.S. Attorney -Cleveland Northern District of Ohio Ste. 400 801 Superior Avenue, W Cleveland, OH 44113 216-622-3656




Fax: 216-522-7545 Email: [email protected]

ATTORNEY TO BE NOTICED

Jonathan C. Drimmer Department Of Justice Office Of Special Investigations 1301 New York Avenue, NW Ste. 200 Washington, DC 20530 202-616-2501 TERMINATED: 11/22/2004

Joseph Douglas Wilson Department Of Justice Ben Franklin Station Washington, DC 20044 202-514-2611 TERMINATED: 01/07/2005

Michael Anne Johnson_AUSA Former Assistant U.S. Attorney Email: [email protected]

Susan Masling U.S. Department of Justice -Criminal Division Ste. 600 1400 New York Avenue, NW Washington, DC 20005 202-616-2536 Fax: 202-616-2491 Email: [email protected] ATTORNEY TO BE NOTICED

Michelle L. Heyer Office of the U.S. Attorney -Cleveland Northern District of Ohio Ste. 400 801 Superior Avenue, W Cleveland, OH 44113




216-622-3686 Fax: 216-522-2404 Email: [email protected]

ATTORNEY TO BE NOTICED

V.Defendant John Demjanjukalso known asIwan Demjanjuk

represented by John H. Broadley Ste. 200 1054 31st Street, NW Washington, DC 20007 202-333-6025 Fax: 202-333-5685 Email: [email protected] LEAD ATTORNEYATTORNEY TO BE NOTICED

Michael E. Tigar Washington College of Law 4801 Massachusetts Avenue, NW Washington, DC 20016 202-274-4088 Fax: 274-4130 LEAD ATTORNEYATTORNEY TO BE NOTICED

Dennis G. Terez Office of the Federal Public Defender - Cleveland Northern District of Ohio 750 Skylight Office Tower 1660 West Second Street Cleveland, OH 44113 216-522-4856 Fax: 216-522-4321 Email: [email protected] ATTORNEY TO BE NOTICED

Jane B. Tigar The Tigar Law Firm 1155 Connecticut Avenue, NW




Washington, DC 20036 202-467-2765 TERMINATED: 07/10/2000

Vicki R.A. Werneke Office of the Federal Public Defender - Cleveland Northern District of Ohio 750 Skylight Office Tower 1660 West Second Street Cleveland, OH 44113 216-522-4856 Fax: 216-522-1951 Email: [email protected] ATTORNEY TO BE NOTICED

Counter-Claimant John Demjanjukalso known asIwan Demjanjuk

represented by Carole S. Rendon (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Dennis G. Terez (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Michael E. Tigar (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Jane B. Tigar (See above for address) TERMINATED: 07/10/2000

V.Counter-Defendant United States of America represented by Edward A. Stutman

(See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED




Eli M. Rosenbaum (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Patty Merkamp Stemler (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Stephen J. Paskey (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Susan L. Siegal (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Jonathan C. Drimmer (See above for address) TERMINATED: 11/22/2004

Joseph Douglas Wilson (See above for address) TERMINATED: 01/07/2005

Michael Anne Johnson_AUSA (See above for address)

Date Filed # Docket Text

05/19/1999 FILING FEE WAIVED (B,BA A) (Entered: 05/19/1999)

05/19/1999 1 COMPLAINT (Service: summons issd, magistrate consent form issd) (15 pgs + 10 afdt in supp pgs) (W,J) (Entered: 05/19/1999)

05/19/1999 2 CIS filed by pltf. Recommended Track: Standard (1 pg) (W,J) (Entered: 05/19/1999)

05/19/1999 ASSIGNMENT OF MAGISTRATE JUDGE pursuant to Local Rule 3.1, Assignment of Cases. In the event of referral this case




will be referred to Mag. Judge Nancy A. Vecchiarelli . 1 pg (W,J) (Entered: 05/19/1999)

05/25/1999 3 NOTICE of Case Mgmt Conference in Room 112, 201 Superior, Cleve, OH before Chief Judge Paul R. Matia: CMC set 11:30 a.m. on 7/14/99 (issued) (2 pgs + 3 attach pgs) (W,J) (Entered: 05/25/1999)

05/26/1999 4 PRAECIPE: by pltf for issuance of alias summons to deft c/o Michael E. Tigor. (ltr, summons & complt issued on 5/26/99 by cert mail) (1 pg) (K,V) Modified on 05/27/1999 (Entered: 05/26/1999)

06/04/1999 5 RETURN OF SERVICE executed upon John Demjanjuk on 6/1/99 by cert mail c/o Tigar Law Firm (1 pg) (W,J) (Entered: 06/04/1999)

06/04/1999 6 MOTION by deft for attys Jane Blanksteen Tigar, Michael E Tigar to appear pro hac vice ( 6 pgs) (E,P) (Entered: 06/04/1999)

06/04/1999 7 CIS filed by deft. Recommended Track: complex. ( 2 pgs) (M,J A A) (Entered: 06/07/1999)

06/15/1999 8 MOTION by dft for an evidentiary hearing regarding prosecutors exparte communications with the ct ( 3 pgs) (S,R) (Entered: 06/15/1999)

06/15/1999 9 MEMORANDUM of law by dft in support of mot by dft for an evidentiary hrg regarding prosecutors exparte communications with the ct [8-1] (3 pgs) (S,R) Modified on 02/08/2001 (Entered: 06/15/1999)

06/18/1999 10 RESPONSE by pltf to mot by dft for an evidentiary hearing regarding prosecutors exparte communications with the ct [8-1]. (4 pgs) (V,K) (Entered: 06/21/1999)

07/09/1999 11 REPORT OF PARTIES PLANNING MEETING RE: FRCP 26(f) by ptys (3 pgs) (W,J) (Entered: 07/12/1999)

07/14/1999 12 STIPULATED PROTECTIVE ORDER: by ptys re marking docmts "Protected Material" & serving materials in 'Sealed envelopes', etc., (issued on 7/14/99) (5 pgs) Judge Paul R. Matia [EOD Date: 7/15/99] (W,J) (Entered: 07/15/1999)

07/14/1999 13 STIPULATED PRIVACY ORDER: by ptys re:prod of docmts by pltf that are protected by the Privacy Act of 1974 (issued on 7/14/99) (3 pgs) Judge Paul R. Matia [EOD Date: 7/15/99] (W,J) (Entered: 07/15/1999)




07/16/1999 14 CASE MANAGEMENT CONFERENCE scheduling order. Track Designation: complex; disc to be complete 7/31/00; Mtn filing ddl 9/1/00; status hrg 11:30 a.m. on 1/19/00 (issued) (4 pgs) Judge Paul R. Matia [EOD Date: 7/19/99] (W,J) (Entered: 07/19/1999)

07/20/1999 15 ORDER: denying mot by dft for an evidentiary hrg re prosecutors exparte communications with the ct [8-1] (issued) (4 pgs) Judge Paul R. Matia [EOD Date: 7/20/99] (W,J) (Entered: 07/20/1999)

07/20/1999 16 ORDER: granting mot by deft for attys Jane Blanksteen Tigar & Michael E Tigar to appear pro hac vice [6-1] (issued on 7/16/99) (2 pgs) Judge Paul R. Matia [EOD Date: 7/20/99] (W,J) (Entered: 07/20/1999)

07/30/1999 17 OMNIBUS MOTION by deft to dismiss the cmplt (24 + 120 exh pgs) (W,J) (Entered: 07/30/1999)

08/10/1999 18 MOTION by pltf to ext time until 9/15/99 to resp to deft's Omnibus mot to dism complt (3 pgs) (W,J) (Entered: 08/10/1999)

08/12/1999 MARGINAL ENTRY ORDER: granting motion by pltf to ext time until 9/15/99 to resp to deft's Omnibus mot to dism complt [18-1] (issued on 8/13/99) Judge Paul R. Matia [EOD Date: 8/13/99] (K,V) (Entered: 08/13/1999)

08/26/1999 19 NOTICE by USA's cnsl of change of address (1 pg) (W,J) (Entered: 08/26/1999)

09/15/1999 20 RESPONSE by pltf to deft's omnibut motion to dismiss the complt. [17-1] ( 36 pgs) (M,J A A) (Entered: 09/15/1999)

09/22/1999 21 MOTION by deft for ext of time until 10/11/99 to reply to Govt's resp to deft's omnibus mtn to dism the complt. ( 3 pgs) (M,J A A) (Entered: 09/22/1999)

09/23/1999 MARGINAL ENTRY ORDER granting mot by deft for ext of time until 10/12/99 to reply to Govt's resp to deft's omnibus mtn to dism the complt [21-1]. (issd 9/24/99) Judge Paul R. Matia [EOD Date: 9/24/99] (V,K) (Entered: 09/24/1999)

10/12/1999 22 REPLY by deft to USA response to motion by deft to dismiss the cmplt [17-1] (oral argument requested) (20 pgs) (E,P) (Entered: 10/13/1999)

11/10/1999 23 NOTICE by plaintiff of suppl authority in support of opposition to deft's omnibus motion to dism ( 12 pgs) (K,V) (Entered: 11/15/1999)




11/12/1999 24 MOTION by deft to quash depo of deft (16 pgs) (K,V) (Entered: 11/15/1999)

11/24/1999 25 MEMORANDUM by USA in opp to mot by deft to quash depo of deft [24-1] (12 pgs + 22 exh pgs) (W,J) (Entered: 11/29/1999)

12/01/1999 26 MINUTES of proceedings: before Judge Paul R. Matia; telephonic conf held ; attys outlined their positions re: a disc dispute conerning the depos of John Demjanjuk, Jr. & Edward W. Nishnic sced for 12/2/99; pltf's req to exclude the 2nd deponent from the other's depo is denied; Ct will not enter a protective order purs to Fed. R. Cov. P. 26(c) (5) that would provide for sequestration. Court reporter: None (1 pg) (B,B) Modified on 05/10/2002 (Entered: 12/02/1999)

12/06/1999 27 REPLY by deft to resp by pltf to mot by deft to quash depo of deft [24-1] (8 pgs) (W,J) (Entered: 12/06/1999)

12/09/1999 28 NOTICE of hearing in room 112, 201 Superior, Cleve OH, before Chief Judge Paul R. Matia; status hrg RE-SET for 11:30 a.m. on 1/26/00 (issued) (1 pg) (W,J) (Entered: 12/09/1999)

01/06/2000 29 SUPPLEMENTAL FILING by deft in supp of omnibus mot by deft to dismiss the cmplt [17-1] (22 pgs) (W,J) (Entered: 01/06/2000)

01/13/2000 30 ORDER: granting in part mot by deft to quash depo of deft; deft shall appear for depo & give addl testimony on a date agreed to by lead cnsl; the Govt is permitted to learn the details of the alibi the deft will assert at trl & to ask deft about new evidence & his service at the addl camps alleged in the complt; pltf is not permitted tp question the deft regarding any of the topics covered in previous testimony, in Case # C77-923 & at his deportation prcdings, except where necessary to elicit new testimony regarding new clms & issues raised w/in this case [24-1] (issued on 1/13/00) (6 pgs) Judge Paul R. Matia [EOD Date: 1/14/00] (W,J) (Entered: 01/14/2000)

01/14/2000 31 RESPONSE by USA to suppl filing in supp of omnibus mot by deft to dismiss the cmplt [17-1] (6 pgs) (W,J) (Entered: 01/14/2000)

01/21/2000 32 REPLY by deft to resp by pltf to deft's suppl filing in supp of omnibus mot by deft to dismiss the cmplt [17-1] (4 pgs) (W,J) (Entered: 01/21/2000)

01/25/2000 33 Non-Jury TRIAL ORDER: final pt conf 1:30 p.m. on 3/13/01;




trial 9:30 3/26/01 or as soon thereafter as reached; the ptys & lead cnsl of record must be present at final pt conf (issued on 1/25/00) (8 pgs) Judge Paul R. Matia [EOD Date: 1/25/00] (W,J) Modified on 01/25/2000 (Entered: 01/25/2000)

01/26/2000 34 ORDER: disc ddl ext to 8/31/00; Mtn filing ddl ext to 10/2/00; nonmovant shall file a memo in opp by 11/16/00; expert witness(es) must be identified & opposing cnsl provided a written expert rpt by 8/14/00; opposing writted rpt(s) to expert rpt(s) are due by 9/13/00 (issued on 1/26/00) (3 pgs) Judge Paul R. Matia [EOD Date: 1/27/00] (W,J) (Entered: 01/27/2000)

01/26/2000 35 ORDER: that on a date agreed to by lead cnsl of record & cnsl for the deponent, Jerome Brentar may appear for depo & give testimony responsive to topics that are not duplicative of those previously covered in prior depo (issued on 1/26/00) (2 pgs) Judge Paul R. Matia [EOD Date: 1/27/00] (W,J) (Entered: 01/27/2000)

02/04/2000 36 DEMAND for jury trial by deft John Demjanjuk. ( 3 pgs) (H,D) (Entered: 02/07/2000)

02/17/2000 37 MEMORANDUM, OPINION, AND ORDER: denying motion by deft to dismiss the cmplt [17-1] The Clerk of Court shall send a copy of Memo, Opinion & Order to Michael Anne Johnson, Eli M. Rosenbaum, Patty Merkamp Stemler, Jane Blanksteen Tigar (issued on 2/17/00) ( 22 pgs) Judge Paul R. Matia [EOD Date: 2/17/00] (E,P) (Entered: 02/17/2000)

02/18/2000 38 MOTION by pltf to strike jury demand ( 7 pgs) (E,P) (Entered: 02/22/2000)

03/02/2000 39 RESPONSE by deft to motion by pltf to strike jury demand [38-1] ( 6 pgs) (E,P) (Entered: 03/03/2000)

03/10/2000 40 NOTICE by Jane B. Tigar & Michael A. Tigar, attys for deft of change of address. ( 3 pgs) (B,B) (Entered: 03/13/2000)

03/10/2000 41 ANSWER to complaint [1-1] and COUNTERCLAIM ; by deft against pltf. ( 17 pgs) (B,B) (Entered: 03/13/2000)

03/10/2000 WRIT OF MANDAMUS received. USCA# 00-3293 (29 pgs+ 262 exh pgs) (H,S P P) (Entered: 03/13/2000)

03/15/2000 42 REPLY by deft in supp of motion by pltf to strike jury demand [38-1] ( 5 pgs) (E,P) (Entered: 03/16/2000)

03/17/2000 43 MEMORANDUM, OPINION, AND ORDER: granting motion




by pltf to strike jury demand [38-1] (issued on 3/17/00) ( 4 pgs) Judge Paul R. Matia [EOD Date: 3/20/00] (E,P) (Entered: 03/20/2000)

03/24/2000 44 MOTION by deft for atty John H. Broadley to appear pro hac vice ( 5 pgs) (E,P) (Entered: 03/24/2000)

04/04/2000 45 MOTION by pltf USA to dismiss deft's counterclaim ( 3 pgs) (E,P) (Entered: 04/05/2000)

04/04/2000 46 MEMORANDUM by pltf USA in support of its motion to dismiss deft's counterclaim [45-1] ( 7 pgs) (E,P) (Entered: 04/05/2000)

04/04/2000 47 ATTORNEY APPEARANCE addl counsel on behalf of pltf USA by atty Robin D. Smith ( 3 pgs) (E,P) Modified on 04/05/2000 (Entered: 04/05/2000)

04/14/2000 48 MOTION by deft for ext of time until 5/15/00 to resp to pltf's mot to dism deft's counterclaim ( 3 pgs) (E,P) (Entered: 04/17/2000)

04/18/2000 MARGINAL ENTRY ORDER: granting motion by deft for atty John H. Broadley to appear pro hac vice [44-1] (issued on 4/18/00) Judge Paul R. Matia [EOD Date: 4/18/00] (E,P) (Entered: 04/18/2000)

04/18/2000 MARGINAL ENTRY ORDER: granting motion by deft for ext of time until 5/15/00 to resp to pltf's mot to dism deft's counterclaim [48-1] (issued on 4/18/00) Judge Paul R. Matia [EOD Date: 4/18/00] (E,P) (Entered: 04/18/2000)

04/25/2000 49 MOTION by deft for assistance in preserving evidence, for financial assistance in obtaining expert services and for other assistance ( 7 pgs) (E,P) (Entered: 04/25/2000)

04/27/2000 50 RESPONSE by pltf to motion by deft for assistance in preserving evidence, for financial assistance in obtaining expert services and for other assistance [49-1] ( 13 pgs) (E,P) (Entered: 04/28/2000)

05/01/2000 51 APPEAL ORDER: Denying John Demjanjuk's petition for a writ of mandamus (USCA# 00-3293). Circuit Judges: Kennedy, Siler and Batchelder. Dt issd 4/28/00 (1 pg) (H,S P P) (Entered: 05/02/2000)

05/02/2000 52 ORDER: denying motion by deft for assistance in preserving evidence, for financial assistance in obtaining expert services and for other assistance [49-1] (issued on 5/2/00) ( 2 pgs) Judge Paul R. Matia [EOD Date: 5/4/00] (E,P) (Entered: 05/04/2000)




05/08/2000 53 MOTION by deft to withdraw atty Jane B. Tigar as counsel ( 2 pgs) (E,P) (Entered: 05/09/2000)

05/08/2000 54 RESPONSE by deft to motion by pltf USA to dismiss deft's counterclaim [45-1] ( 22 pgs) (E,P) (Entered: 05/09/2000)

05/17/2000 55 NOTICE by deft of suppl authority concerning Govt mot to dism for lack orf jurisdiction ( 8 pgs) (E,P) (Entered: 05/17/2000)

05/17/2000 56 MOTION by pltf for ext of time un til 6/1/00 in whcih to reply to the resp of deft ( 3 pgs) (E,P) (Entered: 05/17/2000)

05/18/2000 MARGINAL ENTRY ORDER: granting motion by pltf for ext of time un til 6/1/00 in whcih to reply to the resp of deft [56-1] (issued on 5/18/00) Judge Paul R. Matia [EOD Date: 5/18/00] (E,P) (Entered: 05/18/2000)

06/01/2000 57 REPLY MEMORANDUM by pltf in support of its mot to dismiss deft's counterclaim [45-1] ( 34 pgs) (E,P) (Entered: 06/01/2000)

06/08/2000 58 MOTION by deft for lv to fiel surreply to Govt's repy memo in supp of mto to dism deft's counterclaim ( 2 pgs) (E,P) (Entered: 06/08/2000)

06/09/2000 59 MEMORANDUM by USA in opp to mot by dft for lv to file surreply to Govt's repy memo in supp of mto to dism dft's counterclaim [58-1] (5 pgs) (E,P) Modified on 02/08/2001 (Entered: 06/12/2000)

06/20/2000 MARGINAL ENTRY ORDER: granting motion by deft for lv to file surreply to Govt's reply memo in supp of mot to dism deft's counterclaim [58-1] deft shall file his sur-reply w/in 5 days of this order, pltf may resp w/in 5 days thereafter. (issued on 6/20/00) Judge Paul R. Matia [EOD Date: 6/20/00] (B,B) (Entered: 06/20/2000)

06/27/2000 60 SURREPLY by deft to motion by pltf USA to dismiss deft's counterclaim [45-1] ( 6 pgs) (E,P) (Entered: 06/27/2000)

06/30/2000 61 MOTION by pltf for issuance of letters rogatory. ( 17 pgs) (B,B) (Entered: 07/03/2000)

06/30/2000 62 REBUTTAL by pltf to deft's sur-reply ( 9 pgs) (sur-reply not on docket) (9 pgs) (B,B) (Entered: 07/03/2000)

07/10/2000 MARGINAL ENTRY ORDER: granting motion by deft to withdraw atty Jane B. Tigar as counsel [53-1] (issued on 7/11/00) Judge Paul R. Matia [EOD Date: 7/11/00] (B,B) (Entered:




07/11/2000)

07/10/2000 63 MEMORANDUM, OPINION, AND ORDER: granting pltf USA's mot to dismiss deft's counterclaim [45-1] & denying deft's req that dismissal of his counterclaim be certified for an immediate appeal (req not on docket). (issued) ( 11 pgs) Judge Paul R. Matia [EOD Date: 7/11/00] (B,B) (Entered: 07/11/2000)

07/12/2000 64 RESPONSE by deft to pltf's mot for issuance of letters rogatory. [61-1] ( 5 pgs) (B,B) (Entered: 07/12/2000)

07/18/2000 65 MOTION by pltf USA to adm transc of former testimony of Harold L. Henrikson and Daniel Segat ( 16 pgs) (E,P) (Entered: 07/19/2000)

07/19/2000 66 REPLY by pltf to deft's resp to motion by pltf for issuance of letters rogatory. [61-1] ( 69 pgs) (E,P) (Entered: 07/20/2000)

07/27/2000 67 MINUTES of proceedings: before Judge Paul R. Matia ; Court reporter none; Telephone Confr with Edward A. Stutman, Maichael Anne Johnson, Michael E. Tigar re: the 4 Trawniki cards in possessionof the Israeli govt. Chief Judge Matia is not going to look at the cards at this time, if the deft objects. (1 pg) (E,P) (Entered: 07/28/2000)

08/02/2000 68 ORDER: granting motion by pltf for issuance of letters rogatory. [61-1] Questions attached. (issued on 8/2/00) ( 12 pgs) Judge Paul R. Matia [EOD Date: 8/3/00] (E,P) (Entered: 08/03/2000)

08/03/2000 69 REPLY by deft to motion by pltf USA to adm transc of prior testimony [65-1] ( 9 pgs) (E,P) Modified on 08/03/2000 (Entered: 08/03/2000)

08/03/2000 69 CROSS-MOTION by deft to admit certain other prior testimony ( 9 pgs) (E,P) (Entered: 08/03/2000)

08/09/2000 70 MOTION by pltf for an ext of time until 9/13/00 to identify experts & provide reports. ( 4 pgs) (B,B) (Entered: 08/10/2000)

08/14/2000 71 RESPONSE by USA to deft's cross-mtn to admit certain other prior testimony [69-1] ( 9 pgs) (M,EJ) (Entered: 08/15/2000)

08/23/2000 MARGINAL ENTRY ORDER: granting motion by pltf for an ext of time until 9/13/00 to identify experts & provide reports. [70-1] (issued on 8/24/00) Judge Paul R. Matia [EOD Date: 8/24/00] (E,P) (Entered: 08/24/2000)

08/24/2000 MARGINAL ENTRY ORDER: denying w/o prej to refiling with




specific information required for admission motion by deft to admit certain other prior testimony [69-1] (issued on 8/24/00) Judge Paul R. Matia [EOD Date: 8/24/00] (E,P) (Entered: 08/24/2000)

08/24/2000 MARGINAL ENTRY ORDER: granting motion by pltf USA to adm transc of former testimony of Harold L. Henrikson and Daniel Segat [65-1] (issued on 8/24/00) Judge Paul R. Matia [EOD Date: 8/24/00] (E,P) (Entered: 08/24/2000)

10/24/2000 72 NOTICE of hearing in room: 112, before: Judge Matia ; pretrial conference advanced to 2/20/01 at 1:30 p.m. (issued ( 1 pg) (E,P) (Entered: 10/25/2000)

10/25/2000 73 MOTION by deft for ext of time until 12/8/00 designate experts ( 3 pgs) (E,P) (Entered: 10/26/2000)

10/25/2000 74 MOTION by deft to admit transc of prior testimony of Dr. Julius Grant ( 12 pgs) (E,P) (Entered: 10/26/2000)

10/30/2000 75 MOTION by pltf to compel disc ( 231 pgs) (E,P) (Entered: 10/31/2000)

11/03/2000 76 MOTION by deft to reset trial date ( 6 pgs) (E,P) (Entered: 11/03/2000)

11/03/2000 77 MOTION by pltf for ext of time in which to resp to deft's mot to adm transc of prior testimony of Dr. Julius Grant in procdgs in Israel ( 3 pgs) (E,P) (Entered: 11/06/2000)

11/14/2000 78 RESPONSE by pltf to motion by deft to reset trial date [76-1] ( 10 pgs) (E,P) (Entered: 11/15/2000)

11/15/2000 79 RESPONSE by deft to motion by pltf to compel disc [75-1] ( 44 pgs) (E,P) (Entered: 11/16/2000)

11/20/2000 MARGINAL ENTRY ORDER: granting motion by deft for ext of time until 12/8/00 designate experts [73-1] (issued on 11/21/00) Judge Paul R. Matia [EOD Date: 11/21/00] (E,P) (Entered: 11/21/2000)

11/20/2000 MARGINAL ENTRY ORDER: denying motion by deft to reset trial date [76-1] Motion denied w/o prej to a subsequent mot to reset trial to a date agreeable to all parties and the court. (issued on 11/21/00) Judge Paul R. Matia [EOD Date: 11/21/00] (E,P) (Entered: 11/21/2000)

11/20/2000 MARGINAL ENTRY ORDER: granting motion by pltf for ext of




time in which to resp to deft's mot to adm transc of prior testimony of Dr. Julius Grant in procdgs in Israel [77-1] Pltf shall resp to said mot by 11/21/00 (issued on 11/21/00) Judge Paul R. Matia [EOD Date: 11/21/00] (E,P) (Entered: 11/21/2000)

11/22/2000 80 MOTION by USA for ext of time until 12/7/00 to file reply in support of mtn to compel ( 3 pgs) (M,EJ) (Entered: 11/27/2000)

11/27/2000 MARGINAL ENTRY granting motion by USA for ext of time until 12/7/00 to file reply in support of mtn to compel [80-1] (issued on 11/28/00) Judge Paul R. Matia (K,V) (Entered: 11/28/2000)

12/07/2000 81 REPLY by pltf to deft's resp to motion by pltf to compel disc [75-1] ( 54 pgs) (E,P) (Entered: 12/08/2000)

12/14/2000 82 MOTION by USA to continue trial ( 3 pgs) (K,V) (Entered: 12/15/2000)

12/15/2000 MARGINAL ENTRY ORDER: granting motion by USA to continue trial [82-1] ;trial reset at 9:30 a.m. on 5/29/01 (issued on 12/15/00) Judge Paul R. Matia [EOD Date: 12/15/00] (E,P) (Entered: 12/15/2000)

12/19/2000 83 MOTION by deft for lv to file a surreply to pltf's mot to compel ( 3 pgs) (E,P) (Entered: 12/20/2000)

12/19/2000 MARGINAL ENTRY ORDER: granting motion by deft for lv to file a surreply to pltf's mot to compel [83-1] (issued on 12/20/00) Judge Paul R. Matia [EOD Date: 12/20/00] (E,P) (Entered: 12/20/2000)

12/19/2000 84 SURREPLY by deft to motion by pltf to compel disc [75-1] ( 71 pgs) (E,P) (Entered: 12/20/2000)

01/03/2001 85 MOTION/REQUEST by Govt for lv to to resp instanter to deft's surreply to mot to compel ( 3 pgs) (E,P) (Entered: 01/04/2001)

01/08/2001 MARGINAL ENTRY ORDER: granting motion by Govt for lv to to resp instanter to deft's surreply to mot to compel [85-1] (issued on 1/8/01) Judge Paul R. Matia [EOD Date: 1/8/01] (E,P) (Entered: 01/08/2001)

01/08/2001 86 RESPONSE by pltf to deft's surreply to motion to compel disc [84-1] ( 8 pgs) (E,P) (Entered: 01/08/2001)

01/11/2001 87 NOTICE by deft's atty of change of address ( 3 pgs) (E,P) (Entered: 01/16/2001)




01/17/2001 88 NOTICE to court by deft ( 14 pgs) (E,P) (Entered: 01/18/2001)

01/24/2001 89 RESPONSE by pltf to deft's ntc and mot to amd resp to surreply [75-1] ( 4 pgs) (E,P) (Entered: 01/25/2001)

01/29/2001 90 MEMORANDUM OF OPINION, AND ORDER: granting motion by pltf to compel disc [75-1]. The deft shall produce the req docmts & info or make a good faith effort to obtain them from Yoram Sheftel and shall subm then to the pltf w/i 45 days of this Order (issued) ( 5 pgs) Judge Paul R. Matia [EOD Date: 1/30/01] (E,P) (Entered: 01/30/2001)

02/07/2001 91 NOTICE of Interlocutory Appeal by John Demjanjuk re: memo, opn and order [90-1] (cc: all counsel-notice only. USCA-notice and doc(s) mailed on 2/8/01) (4 pgs) (H,S P P) (Entered: 02/08/2001)

02/07/2001 RECEIVED appeal fee in the amount of $105.00 (Receipt # 624030) (H,S P P) (Entered: 02/08/2001)

02/07/2001 92 CONDITIONAL MOTION by dft to compel (6 pgs) (H,S P P) (Entered: 02/08/2001)

02/07/2001 93 MOTION by dft for stay of order granting motion to compel (6 pgs) (H,S P P) (Entered: 02/08/2001)

02/08/2001 94 CERTIFICATE by dft that no transcript is needed for appeal purposes. (2 pgs) (H,S P P) (Entered: 02/09/2001)

02/21/2001 96 ACKNOWLEDGMENT from USCA for the 6th Circuit of receipt of Notice of Appeal (USCA #: 01-3136) - dt rcvd 2/12/01; dt filed 2/13/01 (1 pg) (H,S P P) (Entered: 02/23/2001)

02/22/2001 95 REPLY by pltf to motion by dft for stay of order granting motion to compel [93-1] ( 28 pgs) (E,P) (Entered: 02/23/2001)

02/26/2001 97 TRANSCRIPT Order Form by dft received. Transcript is unnec for appeal purposes (no hrgs). (1 pg) (H,S P P) (Entered: 02/28/2001)

03/01/2001 98 REPLY by deft to Govt's reply to re [93-1] motion by dft for stay of order granting motion to compel ( 19 pgs) (E,P) (Entered: 03/02/2001)

03/09/2001 99 ORDER: denying motion by dft for stay of order granting motion to compel [93-1] (issued ) ( 2 pgs) Judge Paul R. Matia [EOD Date: 3/13/01] (E,P) (Entered: 03/13/2001)




03/12/2001 174 RESPONSE by pltf to deft's mot for judgment [171-1], to amd findings, to alter or amd judgment, for new trial and for relief under Rule 60 [171-2] ( 16 pgs) (B,B) (Entered: 03/13/2002)

03/20/2001 100 INFORMATION COPY of order from USCA - Granting govt's mot to dismiss the appeal for lack of jurisdiction; denying as moot deft's mot for a stay pending review (USCA# 01-3136). This is not a mandate order. Clerk: L. Green; Circuit Judges: Keith, Norris and Daughtrey. Dt issd 3/15/01 (2 pgs) (H,S P P) (Entered: 03/20/2001)

04/05/2001 101 MOTION by pltf USA to strike cond mot to compel ( 18 pgs) (E,P) (Entered: 04/06/2001)

04/05/2001 102 MOTION by USA for identification of material underlying summaries purs to f.R.Evid. 1006 ( 21 pgs) (E,P) (Entered: 04/06/2001)

04/05/2001 103 MOTION by pltf USA for sanctions against deft John Demjanjuk for failure to comply with ord compelling disc ( 38 pgs) (E,P) (Entered: 04/06/2001)

04/19/2001 104 MOTION by dft for free transcript of trial ( 3 pgs) (M,EJ) (Entered: 04/20/2001)

04/19/2001 105 RESPONSE by deft to USA motions for sanctions [103-1] and to strike [101-1] ( 19 pgs) (M,EJ) (Entered: 04/20/2001)

04/27/2001 106 ORDER granting mtn by pltf for identification of material underlying summaries purs to F.R.Evid. 1006 [102-1]; deft is to make available to pltf the originals or duplicates of any summaries he will use at trial w/i 10 days of this order at a place to be agreed upon by the ptys. (issued on 4/27/01) ( 1 pg) Judge Paul R. Matia [EOD Date: 4/30/01] (M,J A A) (Entered: 04/30/2001)

04/27/2001 MARGINAL ENTRY ORDER denying mtn by pltf to strike conditional mtn to compel [101-1] (issued on 4/27/01) Judge Paul R. Matia [EOD Date: 4/30/01] (M,J A A) (Entered: 04/30/2001)

04/27/2001 MARGINAL ENTRY ORDER denying conditional mtn by deft to compel [92-1] (issued on 4/27/01) Judge Paul R. Matia [EOD Date: 4/30/01] (M,J A A) (Entered: 04/30/2001)

04/27/2001 MARGINAL ENTRY ORDER denying mtn by pltf for sanctions against deft John Demjanjuk for failure to comply with ord compelling disc [103-1] (issued on 4/27/01) Judge Paul R. Matia




[EOD Date: 4/30/01] (M,J A A) (Entered: 04/30/2001)

04/27/2001 107 MOTION by pltf for ext of time until 5/4/01 to file reply brfs. ( 3 pgs) (M,J A A) (Entered: 04/30/2001)

05/10/2001 108 TRUE copy of order from USCA granting govt's mot to dism for lack of jurisdiction; denying as moot mot stay [91-1]; (USCA #01-3136); Clerk: L. Green; date issd as mandate 5/7/01 (1 pg) (V,K) (Entered: 05/10/2001)

05/10/2001 MARGINAL ENTRY ORDER granting mtn by deft to admit transcript of prior testimony of Dr. Julius Grant [74-1] (issued on 5/11/01) Judge Paul R. Matia [EOD Date: 5/11/01] (M,J A A) (Entered: 05/11/2001)

05/14/2001 109 EMERGENCY MOTION by deft for continuance of trial based on Govt discovery abuse. ( 24 pgs) (M,J A A) (Entered: 05/15/2001)

05/16/2001 110 SUPPLEMENTAL Filing by deft in support of continuance. [109-1] ( 23 pgs) (M,J A A) (Entered: 05/16/2001)

05/16/2001 111 RESPONSE by pltf to emergency mtn by deft for continuance [109-1] ( 13 pgs) (M,J A A) (Entered: 05/16/2001)

05/21/2001 112 MOTION by deft to take discovery concerning Ukrainian documents based on Govt investigation in March & April 2001 & not produced until 5/12/01 ( 36 pgs) (M,J A A) (Entered: 05/21/2001)

05/21/2001 113 LETTER to court from atty. Michael E. Tigar. ( 4 pgs) (M,J A A) (Entered: 05/23/2001)

05/22/2001 114 MEMORANDUM OF OPINION AND ORDER denying the deft's emergency mtn for continuance based on Govt discovery abuse [109-1]; the deft's mtn to take discovery concerning Ukrainian documents based on Govt investigation in March & April 2001 & not produced until 5/12/01 is granted as to requests numbered 2, 3, & 4 & denied as to request number 1. [112-1] (issued on 5/22/01) ( 3 pgs) Judge Paul R. Matia [EOD Date: 5/23/01] (M,J A A) (Entered: 05/23/2001)

05/22/2001 115 EXHIBIT list by deft. ( 11 pgs) (M,J A A) (Entered: 05/23/2001)

05/22/2001 116 TRIAL brief by deft. ( 22 pgs) (M,J A A) (Entered: 05/23/2001)

05/22/2001 117 PROPOSED FINDINGS of fact & conclusions of law of deft. ( 18 pgs) (M,J A A) (Entered: 05/23/2001)




05/23/2001 118 TRIAL brief by pltf. ( 102 pgs) (M,J A A) (Entered: 05/23/2001)

05/23/2001 119 PROPOSED FINDINGS of fact of pltf. ( 25 pgs) (M,J A A) (Entered: 05/23/2001)

05/23/2001 120 PROPOSED CONCLUSIONS of law pltf.. ( 12 pgs) (M,J A A) (Entered: 05/23/2001)

05/23/2001 121 TRIAL EXHIBIT list by pltf. ( 8 pgs) (M,J A A) (Entered: 05/23/2001)

05/23/2001 122 MEMORANDUM by deft reporting on status of disc authorized by the Ct on 5/22/01. [114-1] ( 6 pgs) (M,J A A) (Entered: 05/24/2001)

05/23/2001 123 CITATION by deft of addl authority concerning motions to dismiss. [45-1], [17-1] ( 3 pgs) (M,J A A) (Entered: 05/24/2001)

05/23/2001 124 RESPECTFUL SUGGESTION by deft concerning trial. ( 3 pgs) (M,J A A) (Entered: 05/24/2001)

05/24/2001 125 OBJECTIONS by pltf to deft's proposed exhibits. [115-1] ( 10 pgs) (M,J A A) (Entered: 05/25/2001)

05/29/2001 126 OBJECTIONS by deft to the Govt's exhibit list [121-1] ( 10 pgs) (M,J A A) (Entered: 05/29/2001)

05/29/2001 127 MEMORANDUM by deft concerning exhibits, objections & Daubert [121-1], [115-1] ( 5 pgs) (M,J A A) (Entered: 05/29/2001)

05/29/2001 128 PROPOSED WITNESS list by pltf. ( 3 pgs) (M,J A A) (Entered: 05/29/2001)

05/29/2001 129 BENCH brief by pltf on admissibility of testimony by the Govt's expert historians. ( 16 pgs) (M,J A A) (Entered: 05/29/2001)

05/29/2001 130 BENCH brief by pltf on admissibility of evidence. ( 69 pgs) (M,J A A) (Entered: 05/29/2001)

05/29/2001 132 MINUTES of proceedings: before Judge Paul R. Matia; Trial to Court began; opening statements of counsel; pltf's case begun & not concluded; adjourned until 5/30/01 at 9:00 a.m. (Exhibits returned to counsel). Court reporter: Bruce Matthews (issd) (1 pg) (M,J A A) Modified on 05/10/2002 (Entered: 05/30/2001)

05/30/2001 131 MOTION by deft to amend answer ( 29 pgs) (M,J A A) (Entered: 05/30/2001)




05/30/2001 133 MINUTES of proceedings: before Judge Paul R. Matia ; Court reporter Bruce Matthews. Trial to Court resumed; pltf's case continued & not concluded; testimony taken; adjourned until 5/31/01 at 9:00 a.m. ( 1 pg) (M,J A A) (Entered: 05/31/2001)

05/30/2001 135 TRANSCRIPT of proceedings before Judge Paul R. Matia taken on 5/29/01 by court reporter Bruce A. Matthews. (Bench Trial, Volume 1) ( 151 pgs) (M,J A A) (Entered: 05/31/2001)

05/31/2001 134 ORDER granting mtn by deft for free transcript of trial [104-1]; the court reporters are to furnish a copy of the transcript to deft on the same basis as the govt at the govt's expense. (issued on 5/31/01) ( 2 pgs) Judge Paul R. Matia [EOD Date: 5/31/01] (M,J A A) (Entered: 05/31/2001)

05/31/2001 136 TRANSCRIPT of proceedings before Judge Paul R. Matia taken on 5/30/01 by court reporter Bruce A. Matthews. (Bench Trial, Volume 2) ( pg 152 to 366) (M,J A A) (Entered: 05/31/2001)

05/31/2001 137 MINUTES of proceedings: before Judge Paul R. Matia ; Court reporter Bruce Matthews. Trial to Court resumed; pltf's case continued & not concluded; testimony taken; adjourned until 6/1/01 at 1:30 p.m. ( 1 pg) (M,J A A) (Entered: 06/04/2001)


06/04/2001 139 TRANSCRIPT of proceedings before Judge Paul R. Matia taken on 5/31/01 by court reporter Bruce A. Matthews. (Bench Trial, Volume 3) ( 367 to 564) (M,J A A) (Entered: 06/05/2001)

06/04/2001 140 TRANSCRIPT of proceedings before Judge Paul R. Matia taken on 6/1/01 by court reporter Bruce A. Matthews. (Bench Trial, Volume 4) (pg 565 to 671) (M,J A A) (Entered: 06/05/2001)

06/05/2001 141 MINUTES: before Judge Paul R. Matia, Court reporter: Bruce Matthews. Trial to Court resumed; pltf's case continued & not concluded; testimony taken; adjourned until 6/6/01 at 9:00 a.m. 1 pg(s) (M,J A A) (Entered: 06/06/2001)

06/06/2001 142 BENCH BRIEF by pltf on admissibility of testimony given by John Demjanjuk, Sr. in Israel. ( 19 pgs) (M,J A A) (Entered: 06/06/2001)

06/06/2001 143 TRANSCRIPT of proceedings before Judge Paul R. Matia taken




on 6/5/01 by court reporter Bruce A. Matthews. (Bench Trial, Volume 5) ( pg 672 to 857) (M,J A A) (Entered: 06/06/2001)


06/07/2001 145 RESPONSE by pltf to deft's mtn to admit transcript of prior testimony of Julius Grant. ( 89 pgs) (M,J A A) (Entered: 06/07/2001)

06/07/2001 146 MINUTES of proceedings: before Judge Paul R. Matia ; Court reporter Bruce Matthews. Trial to Court resumed; pltf's case continued & concluded; testimony taken; ptys will exchange exh lists by 6/12/01; findings of fact & conclusions of law along w/obj to exh will be filed by 6/19/01; if the govt files a trial brf, deft shall have time to respond. (Exhibits in Judge's Chambers) ( 1 pg) (M,J A A) (Entered: 06/07/2001)



06/19/2001 149 PROPOSED CONCLUSIONS of law of pltf. ( 26 pgs) (M,J A A) (Entered: 06/20/2001)

06/19/2001 150 OBJECTIONS by USA to deft's exhibits. [115-1] ( 22 pgs) (M,J A A) (Entered: 06/20/2001)

06/19/2001 151 PROPOSED FINDINGS of fact of pltf. ( 67 pgs) (M,J A A) (Entered: 06/20/2001)

06/19/2001 152 FINAL EXHIBIT list by pltf. ( 41 pgs) (M,J A A) (Entered: 06/20/2001)

06/19/2001 153 PROPOSED FINDINGS of fact and conclusions of law of deft ( 45 pgs) (E,P) (Entered: 06/20/2001)

06/19/2001 154 EXHIBIT list & objs to govt's final exh list by deft ( 26 pgs) (E,P) (Entered: 06/20/2001)

06/22/2001 155 RESPONSE by pltf to deft's objs to Govt's final exh lst & to deft's proposed findings of fact [153-1] ( 31 pgs) (E,P) (Entered:




06/22/2001)

06/22/2001 156 REQUEST by deft for oral argument. (3 pgs) (E,P) (Entered: 06/22/2001)

06/29/2001 157 RESPONSE of USA to deft's req for oral argument [156-1] ( 7 pgs) (E,P) (Entered: 06/29/2001)

07/05/2001 158 COMMENTS by defendant on certain Government proposed findings of fact & two other matters [151-1] ( 8 pgs + 5 attachment pgs) (B,B) (Entered: 07/06/2001)

07/17/2001 159 ORDER admitting pltf's exhs w/o obj. Further that deft's objs to certain exhs are overruled. Certain exhs of pltf are admited. Exh 98 is adm. Exhs 107 & 108 are admitted. It is further ord that deft's obj to exh 99 is sustained and the exh is not admitted. Certain exhs of the deft are admitted w/o obj. Further ord that the pltf's objs to certain exhs are overruled. Deft's certain exhs are admitted. Further ord that the pltf's objs to certain exhs are substained and not admitted. (See Order for as to specific exhs and details. (issued on 7/17/01) ( 4 pgs) Judge Paul R. Matia [EOD Date: 7/17/01] (E,P) (Entered: 07/17/2001)

07/19/2001 160 RESPONSE by USA to deft's comments on certain govt proposed findings of fact and on two other matters [149-1] ( 7 pgs) (E,P) (Entered: 07/19/2001)

08/27/2001 161 LETTERS (2) of parties (E,P) (Entered: 08/27/2001)

09/10/2001 162 SUPPLEMENTAL MEMORANDUM by deft in supp of req for oral arg [156-1] ( 25 pgs) (E,P) (Entered: 09/11/2001)

09/26/2001 163 RESPONSE by USA to deft's suppl memo in supp of req for oral argument [162-1] ( 26 pgs) (E,P) (Entered: 09/26/2001)

01/18/2002 164 MOTION by USA for consideration of suppl auth ( 12 pgs) (E,P) (Entered: 01/18/2002)

02/05/2002 165 RESPONSE by deft to motion by USA for consideration of suppl auth [164-1] ( 5 pgs) (E,P) (Entered: 02/05/2002)

02/14/2002 166 REPLY by pltf in supp of its mot for consideration of suppl auth [164-1] ( 7 pgs) (B,B) (Entered: 02/15/2002)

02/21/2002 167 FINDINGS of fact and conclusions of law ( 73 pgs) Judge Paul R. Matia [EOD Date: 2/21/02] (E,P) (Entered: 02/21/2002)

02/21/2002 169 SUPPLEMENTAL Opinion [167-1] ( 12 pgs) (E,P) (Entered:




02/21/2002)

02/21/2002 170 JUDGMENT ENTRY: Judgment is for the pltf USA and against the deft John Demjanjuk; deft's U.S. Citizenship is revoked; The November 14, 1958 Order of the U.S. Dist Court for the Northern Dist of Ohio admitting deft to U.S. citizenship is vacated; Deft's Certificate of Naturalization No. 7997497 is hereby cancelled; Deft shall surrender and deliver to the Attorney General of the United States (or his designee) within ten days of the date of this Order, his Certificate of Naturalization, No. 7997497, and any U.S. passport or other documentary evidence of United States citizenship he may have; Deft is forever restrained and enjoined from claiming any rights, privileges, or advantages under any document evidencing United States citizenship Judge Paul R. Matia [EOD Date: 2/21/02] (E,P) Modified on 02/21/2002 (Entered: 02/21/2002)

02/25/2002 MARGINAL ENTRY ORDER: denying deft's request for oral arg [156-1] (issued) Judge Paul R. Matia [EOD Date: 2/25/02] (E,P) (Entered: 02/25/2002)

03/01/2002 171 POST-JUDGMENT MOTION by dft for judgment , to amend findings, to alter or amd judgment, for new trial and for relief under Rule 60 (40 pgs) (E,P) Modified on 05/21/2003 (Entered: 03/01/2002)

03/01/2002 172 POST-JUDGMENT MOTION by dft to stay judgment pending resolution of post-judgment mots and stay judgment pending appeal (5 pgs) (E,P) Modified on 05/10/2002 (Entered: 03/01/2002)

03/08/2002 173 OPPOSITION by USA to deft's mot to stay pending resolution of PJ mots and pending appeal [172-1] ( 14 pgs) (E,P) (Entered: 03/11/2002)

03/18/2002 175 REPLY by dft in support motion by dft to stay pending resolution of post-judgment mots and pending appeal [172-1] ( 32 pgs) (E,P) (Entered: 03/19/2002)

03/22/2002 176 MOTION by deft for enlarg of time until 3/26/02 o file reply in supp of reconsideration mots ( 4 pgs) (E,P) (Entered: 03/25/2002)

03/25/2002 MARGINAL ENTRY ORDER: granting motion by deft for enlarg of time until 3/26/02 o file reply in supp of reconsideration mots [176-1] (issued) Judge Paul R. Matia [EOD Date: 3/26/02] (E,P) (Entered: 03/26/2002)




03/26/2002 177 MOTION by dft for sanctions ( 3 pgs) (E,P) (Entered: 03/27/2002)

03/26/2002 178 REPLY by deft in supp of motion by dft for judgment [171-1], motion to amend findings, to alter or amd judgment, for new trial and for relief under Rule 60 [171-2] ( 34 pgs) (E,P) (Entered: 03/27/2002)

03/27/2002 MARGINAL ENTRY ORDER: denying motion by dft for sanctions [177-1] (issued) Judge Paul R. Matia [EOD Date: 3/28/02] (E,P) (Entered: 03/28/2002)

03/27/2002 179 ORDER: denying dft's mot for judgment [171-1] and dft's mot to amend findings, to alter or amd judgment, for new trial and for relief under Rule 60 [171-2]; denying as moot dft's mot to stay pending resolution of the post-judgment mots [172-1] (issd 3/27/02) (3 pgs) Judge Paul R. Matia [EOD Date: 3/28/02] (E,P) Modified on 05/10/2002 (Entered: 03/28/2002)

03/28/2002 180 MEMORANDUM OF OPINION AND ORDER: granting mot by dft to stay judgment pending appeal [172-1] (issd) (4 pgs) Judge Paul R. Matia [EOD Date: 3/29/02] (E,P) Modified on 05/10/2002 (Entered: 03/29/2002)

05/10/2002 181 NOTICE of Appeal by dft John Demjanjuk re: memo, opn and order [63-1], re: jgm entry [170-2] & re: order [179-1] (cc: all counsel-notice only. USCA-notice and doc(s) mailed on 5/10/02) (2 pgs) (H,S P P) (Entered: 05/10/2002)


05/15/2002 182 ACKNOWLEDGMENT from USCA for the 6th Circuit of receipt of Notice of Appeal (USCA #: 02-3529) - dt filed 5/13/02 (1 pg) (H,S P P) (Entered: 05/15/2002)

05/20/2002 183 TRANSCRIPT Order Form by dft received. Transcript is already on file. (1 pg) (H,S P P) (Entered: 05/21/2002)

02/12/2003 184 POST-JUDGMENT MOTION by dft John Demjanjuk for relief from judgment (14 pgs+ 10 exh pgs) (H,S P P) (Entered: 02/14/2003)

02/19/2003 185 POST-JUDGMENT MOTION by USA for an extension of time to respond to dft's motion for relief from jgm (3 pgs) (H,S P P) (Entered: 02/25/2003)

02/26/2003 MARGINAL ENTRY ORDER: granting until 3/17/03 motion by




USA for an extension of time to respond to dft's motion for relief from jgm [185-1] (issued on 2/26/03) Judge Paul R. Matia [EOD Date: 2/26/03] (E,P) (Entered: 02/26/2003)

03/12/2003 186 MAILED returned & marked "Return to Sender" as to Jane B. Tigar, Esq (E,P) (Entered: 03/13/2003)

03/17/2003 187 MOTION by pltf to increase the page limit for its instanter resp to deft's mot for relief from judgment pur to Rule 60(b) ( 73 pgs) (E,P) (Entered: 03/18/2003)

03/24/2003 188 MOTION by deft for enlarg of time until 4/14/03 in which to reply in supp of his mot under Rule 60(B) for relief from judgment ( 3 pgs) (E,P) (Entered: 03/24/2003)

03/24/2003 MARGINAL ENTRY ORDER: granting motion by deft for enlarg of time until 4/14/03 in which to reply in supp of his mot under Rule 60(B) for relief from judgment [188-1] (issued on 3/24/03) Judge Paul R. Matia [EOD Date: 3/25/03] (E,P) (Entered: 03/25/2003)

04/15/2003 MARGINAL ENTRY ORDER: granting motion by pltf to increase the page limit for its instanter resp to deft's mot for relief from judgment pur to Rule 60(b) [187-1] (issued on 4/15/03) Judge Paul R. Matia [EOD Date: 4/15/03] (E,P) (Entered: 04/15/2003)

04/15/2003 189 RESPONSE by pltf to motion by dft John Demjanjuk for relief from judgment [184-1] ( 75 pgs) (E,P) (Entered: 04/15/2003)

04/15/2003 190 MOTION by deft for enlarg of time until 4/21/03 to file reply in supp of Rule 60(b) mot ( 3 pgs) (E,P) (Entered: 04/15/2003)

04/16/2003 MARGINAL ENTRY ORDER: granting motion by deft for enlarg of time until 4/21/03 to file reply in supp of Rule 60(b) mot [190-1] (issued on 4/16/03) Judge Paul R. Matia [EOD Date: 4/17/03] (E,P) (Entered: 04/17/2003)

04/22/2003 191 MOTION by deft for lv to file reply brief instanter ( 3 pgs) (E,P) (Entered: 04/22/2003)

04/23/2003 MARGINAL ENTRY granting mot by dft for lv to file reply brief instanter [191-1] (issd 4/23/03) Judge Paul R. Matia (E,P) Modified on 05/21/2003 (Entered: 04/23/2003)

04/23/2003 192 REPLY by deft in support of motion by dft John Demjanjuk for relief from judgment [184-1] ( 51 pgs) (E,P) (Entered: 04/23/2003)




05/01/2003 193 ORDER by Judge Paul R. Matia denying mot by dft John Demjanjuk for relief from judgment on the grounds that it no longer has jurisdiction over this case [184-1] (issd 5/1/03) (3 pgs) (E,P) Modified on 05/21/2003 (Entered: 05/01/2003)

05/20/2003 194 NOTICE of Appeal by dft John Demjanjuk re: order [193-1] (cc: all counsel-notice only. USCA-notice and doc(s) mailed on 5/21/03) (2 pgs) (H,S P P) (Entered: 05/21/2003)


06/03/2003 195 ACKNOWLEDGMENT from USCA for the 6th Circuit of receipt of Notice of Appeal [194-1] (USCA #: 03-3773) - dt rcvd 5/27/03; dt filed 5/29/03 (1 pg) (H,S P P) (Entered: 06/04/2003)

06/16/2003 196 TRANSCRIPT Order Form by dft received. Transcript is unnec for appeal purposes (no hrgs). (2 pgs) (H,S P P) (Entered: 06/16/2003)

05/03/2004 197 Information copy of opinion from the USCA for the Sixth Circuit: Affirming the decision of the District Court as to 181 Notice of Appeal (USCA# 02-3529). This is not a mandate order. Circuit Judges: Cole and Clay, District Judge: Collier. Date issued by USCA 4/30/04. (Attachments: #(1) Judgment) (H, S P) (Entered: 05/04/2004)

05/11/2004 198 Appeal Remark: Corrected pages to information copy 197 , corrections to pages 5 and 19. (H, S P) (Entered: 05/13/2004)

07/13/2004 199 True copy of mandate from the USCA for the Sixth Circuit: Affirming the judgment of the District Court as to 181 Notice of Appeal (USCA# 02-3529). Date issued as mandate 7/7/04, Costs: None (Related document 197 ). (H, S P) (Entered: 07/13/2004)

10/12/2004 200 Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed 9/22/04 and placed on the docket 9/23/04 as No. 04-6448 (H, S P) (Entered: 10/13/2004)

11/19/2004 201 Notice of Substitution of Counsel removing attorney Jonathan C. Drimmer and adding attorney Stephen J. Paskey filed on behalf of United States of America. (C, K A) (Entered: 11/22/2004)

11/22/2004 202 Unsigned Motion to lift stay filed by United States of America. Related document(s) 172 . (Attachments: # 1 Memorandum in Support # 2 General Docket in the U.S. Court of Appeals for the Sixth Circuit)(Heyer, Michelle) Modified text of docket entry on




12/2/2004 (B, B). (Entered: 11/22/2004)

11/24/2004 203 Appeal Order from US Supreme Court: Denying the petition for a writ of certiorari 200 (No. 04-6448) (H, S P) (Entered: 11/24/2004)

12/07/2004 204 Motion for extension of time until 12/13/04 to respond to motion to lift stay filed by John Demjanjuk. (C, K A) (Entered: 12/07/2004)

12/10/2004 205 Marginal Order granting 204 defendant's motion for extension of time until 12/13/2004 to respond to plaintiff's motion to lift stay . Signed by Chief Judge Paul R. Matia on 12/10/2004.(S, B) (Entered: 12/10/2004)

12/13/2004 206 Unsigned Opposition to Motion to lift stay filed by John Demjanjuk. Related document(s) 202 . (Broadley, John) Modified text of docket entry on 12/29/2004 (B, B). (E-mail sent to attorney on 12/29/2004 re: signature) (Entered: 12/13/2004)

12/14/2004 207 Certificate of Service re 205 . Signed by Chief Judge Paul R. Matia on 12/14/2004. (S, B) (Entered: 12/14/2004)

12/14/2004 208 Memorandum of Opinion and Order granting the government's motion to lift stay of the Court's February 21, 2002 Order(Related Doc # 202 ). It is hereby ordered that the stay of deportation entered February 21, 2002 is lifted. Signed by Chief Judge Paul R. Matia on 12/14/2004.(S, B) (Entered: 12/14/2004)

01/04/2005 209 Returned Mail addressed to Joseph Douglas Wilson marked return to sender, not P.O. Box 55, Ben Franklin Station. Related document(s) 205 . (C, K A) (Entered: 01/04/2005)

04/22/2005 210 Information copy of order from the USCA for the Sixth Circuit: Affirming the District Court's denial of the Rule 60(b) motion as to 194 Notice of Appeal (USCA# 03-3773). This is not a mandate order. Circuit Judges: Cole and Clay, District Judge: Collier. Date issued by USCA 4/20/05 (H, S P) (Entered: 04/22/2005)

06/15/2005 211 True copy of mandate from the USCA for the Sixth Circuit: Affirming the judgment of the District Court as to 194 Notice of Appeal (USCA# 03-3773). Date issued as mandate 6/13/05, No costs taxed (Related document 210 ) (H, S P) (Entered: 06/15/2005)

04/29/2011 212 Motion for reappointment of counsel filed by Defendant John Demjanjuk. (Attachments: # 1 Proposed Order, # 2 Exhibit A:




News Article, # 3 Exhibit B: FBI Memo, # 4 Exhibit C: FBI Report Cover, # 5 Exhibit D: Circuit Opinion, # 6 Exhibit E: Motion, # 7 Exhibit F: Circuit Order, # 8 Exhibit G: News Article)(Terez, Dennis) Modified text on 4/29/2011 (B,B). (Entered: 04/29/2011)

04/29/2011 Judge Dan Aaron Polster assigned to case. Hon. Paul R. Matia terminated. (B,IE) (Entered: 04/29/2011)

05/06/2011 213 Response to 212 Motion for appointment of counsel filed by United States of America. (Heyer, Michelle) (Entered: 05/06/2011)

05/06/2011 214 Reply to response to 212 Motion for appointment of counsel filed by John Demjanjuk. (Terez, Dennis) (Entered: 05/06/2011)

05/10/2011 215 Memorandum of Opinion and Order granting Motion for reappointment of counsel, attorney Dennis G. Terez for John Demjanjuk added to case. (Related Doc # 212 ). Judge Dan Aaron Polster on 5/10/11.(P,R) (Entered: 05/10/2011)

05/20/2011 216 Attorney Appearance by Susan Masling filed by on behalf of United States of America. (Masling, Susan) (Entered: 05/20/2011)

05/20/2011 217 Attorney Appearance by Eli M. Rosenbaum filed by on behalf of United States of America. (Rosenbaum, Eli) (Entered: 05/20/2011)

06/08/2011 218 Attorney Appearance by Vicki R.A. Werneke filed by on behalf of John Demjanjuk. (Werneke, Vicki) (Entered: 06/08/2011)

07/19/2011 219 Motion for relief from the final judgment and order (Rule 60) filed by Defendant John Demjanjuk. (Terez, Dennis) Modified text on 7/20/2011 (E,P). (Entered: 07/19/2011)

07/19/2011 220 Notice of Manual Filing of Exhibit A filed by John Demjanjuk. Related document(s) 219 .(Terez, Dennis) (Entered: 07/19/2011)

07/19/2011 221 Notice of Manual Filing of Exhibit B filed by John Demjanjuk. Related document(s) 219 .(Terez, Dennis) (Entered: 07/19/2011)

07/19/2011 222 Memorandum in Support of Rule 60 Motion filed by Defendant John Demjanjuk. Related document(s) 219 . (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18




Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22Exhibit V)(Terez, Dennis) Modified text incorrect event used attorney notified on 7/20/2011 (E,P). (Entered: 07/19/2011)

07/19/2011 223 Exhibit A to his memorandum in support of Rule 60 Motion filed by John Demjanjuk. Related document(s) 219 , 222 , 220 . (B,B) Modified text on 7/20/2011 (B,B). (3 CDs are on file in the Clerk's Office) (Entered: 07/20/2011)

07/19/2011 224 Exhibit B to his memorandum in support of Rule 60 Motion filed by John Demjanjuk. Related document(s) 219 , 222 , 221 . (B,B) Modified text on 7/20/2011 (B,B). (3 CDs are on file in the Clerk's Office) (Entered: 07/20/2011)

07/21/2011 225 Scheduling Order granting Motion for order scheduling briefing (Related Doc # 219 ). Accordingly, the Government shall file a response memorandum no later than 4:00 p.m. on Friday, August 19, 2011, and Demjanjuk shall file a reply memorandum no later than 4:00 p.m. on Friday, September 2, 2011. The Court HOLDS IN ABEYANCE Demjanjuks other requests. Judge Dan A. Polster(C,KA) (Entered: 07/21/2011)

08/11/2011 226 Motion for extension of Time to Respond to Defendant's Motion for Final Judgment until October 18, 2011, filed by Plaintiff United States of America. Related document(s) 219 , 225 . (Heyer, Michelle) (Entered: 08/11/2011)

08/12/2011 227 Opposition to 226 Motion for extension of Time to Respond to Defendant's Motion for Final Judgment until October 18, 2011, filed by John Demjanjuk. (Terez, Dennis) (Entered: 08/12/2011)

08/15/2011 Order [non-document] granting 226 Plaintiff's Motion for extension of time until 10/18/11 to respond to 219 defendant's Motion for Relief from Judgment. Judge Dan Aaron Polster on 8/15/11.(P,R) (Entered: 08/15/2011)

10/18/2011 228 Motion for leave to exceed page limitations filed by Plaintiff United States of America. Related document(s) 219 . (Heyer, Michelle) (Entered: 10/18/2011)

10/18/2011 229 Response to 219 Motion Rule 60 filed by United States of America. (Attachments: # 1 Affidavit Exh 1, # 2 Exh 2, # 3 Exh 3, # 4 Exh 4, # 5 Exh 5, # 6 Exh 6, # 7 Exh 7, # 8 Exh 8, # 9 Exh 9, # 10 Exh 10, # 11 Exh 11, # 12 Exh 12, # 13 Affidavit Exh 13, # 14 Exh 14, # 15 Exh 15, # 16 Exh 16, # 17 Exh 17, # 18 Exh 18, # 19 Exh 19, # 20 Exh 20, # 21 Exh 21, # 22 Exh 22, # 23 Exh 23,




# 24 Exh 24, # 25 Affidavit Exh 25, # 26 Affidavit Exh 26, # 27Affidavit Exh 27, # 28 Exh 28, # 29 Exh 29, # 30 Exh 30, # 31Exh 31, # 32 Affidavit Exh 32, # 33 Exh 33, # 34 Exh 34, # 35Exh 35)(Heyer, Michelle) (Entered: 10/18/2011)

10/19/2011 Order [non-document]granting Plaintiff's Motion to exceed page limitations (Related Doc # 228 ). Judge Dan Aaron Polster on 10/19/11.(P,R) (Entered: 10/19/2011)

10/20/2011 230 Attorney Appearance as Co-Counsel by Carole S. Rendon filed by on behalf of United States of America. (Rendon, Carole) (Entered: 10/20/2011)

11/01/2011 231 Motion for leave to exceed page limitations in Reply Brief filed by Defendant John Demjanjuk. (Terez, Dennis) (Entered: 11/01/2011)

11/01/2011 232 Reply to response to 222 Motion Memorandum in Support of Rule 60 Motion filed by John Demjanjuk. (Attachments: # 1Exhibit A; Time Line II, Notice of Manual Filing, # 2 Exhibit B: Wiseman Hearing Tr., Jan 29, 1993, # 3 Exhibit C: Airtel, Jan. 8, 1995, # 4 Exhibit D: Memo, April 24, 1986, # 5 Exhibit E: Memo, March 4, 1985)(Terez, Dennis) (Entered: 11/01/2011)

11/01/2011 233 Notice of Manual Filing of Reply Brief Exhibit A filed by John Demjanjuk. Related document(s) 232 .(Terez, Dennis) (Entered: 11/01/2011)

11/02/2011 Order [non-document] granting Defendant's Motion to exceed page limitations (Related Doc # 231 ). Judge Dan Aaron Polster on 11/2/11.(P,R) (Entered: 11/02/2011)

11/03/2011 234 Motion for leave to file surreply filed by Plaintiff United States of America. Related document(s) 232 . (Heyer, Michelle) (Entered: 11/03/2011)

11/04/2011 235 Opposition to 234 Motion for leave to file surreply filed by John Demjanjuk. (Terez, Dennis) (Entered: 11/04/2011)

11/04/2011 236 Order denying 234 Government's Motion for leave to file surreply and 235 Defendant's request for an evidentiary hearing. Judge Dan Aaron Polster on 11/4/11.(P,R) (Entered: 11/04/2011)

12/20/2011 237 Memorandum Opinion and Order Denying 219 Rule 60 Motion filed by John Demjanjuk. Judge Dan Aaron Polster on 12/20/11. (P,R) (Entered: 12/20/2011)

01/05/2012 238 Motion for reconsideration of Memorandum Opinion and Order




of December 20, 2011 filed by Defendant John Demjanjuk. (Attachments: # 1 Exhibit FBI Teletype 9/12/85, # 2 Exhibit Statement of N. Sher, 10/17/85, # 3 Exhibit 1984 State Dept. Cables, # 4 Exhibit Email Exchange, 2/2/11, # 5 Exhibit Declaration of Bridget Prince, # 6 Exhibit Orig. Exh. 2 to ECF #112, # 7 Exhibit Orig. Exh. 3 to ECF #112, # 8 Exhibit Translation of Exh. G)(Terez, Dennis) (Entered: 01/05/2012)

01/12/2012 239 Opposition to 238 Motion for reconsideration of Memorandum Opinion and Order of December 20, 2011 filed by United States of America. (Masling, Susan) (Entered: 01/12/2012)

01/19/2012 240 Reply to response to 238 Motion for reconsideration of Memorandum Opinion and Order of December 20, 2011 filed by John Demjanjuk. (Terez, Dennis) (Entered: 01/19/2012)

01/20/2012 241 Memorandum Opinion and Order denying defendant's Motion for reconsideration. Related Doc # 238 . Judge Dan A. Polster (C,KA) (Entered: 01/20/2012)

01/23/2012 242 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 237 Memorandum of Opinion and Order of 12/20/11 and the 241 Memorandum of Opinion and Order of 1/20/12, filed by John Demjanjuk. Attorney is court appointed (Terez, Dennis). Modified text on 1/24/2012 (H,SP). (Entered: 01/23/2012)

02/02/2012 243 Acknowledgment from the USCA for Sixth Circuit of receipt of 242 Notice of Appeal (USCA# 12-3114). Date filed in USCA 1/31/12. (H,SP) (Entered: 02/02/2012)

PACER Service Center Transaction Receipt

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Description: Docket Report

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r,',

f':'" .11 1 ;

99 HAY 20 M1 8' 02 UNITED STATES DISTRICT COURT :'_, V 19 t': 10: 25 I' FOR THE NORTHERN DISTRICT OF 9,tIO. ,

O~-:: ;"; '.'~ EASTERN DIVISION 1'1.;, I

SI'E@IAL 'INv''E"sriGATIONS' CLL ~'~'L'ii.'.U i.,' UlifO

UNITED STATES OF AMERICA,

) ) )

Plaintiff, 1,99CV 11 ~3 v.

JOHN DEMJANJUK,

)

) ) ) ) ) )

JUDGE MAlIA Civil Action No.

a/k/a Iwan Demjanjuk,

Defendant.

-----------------------------------)

MAG. JUDGE VECCHlARELU COMPLAINT

Plaintiff, the United States of America, by and through its

attorneys, for its complaint herein alleges as follows:

I. JURISDICTION AND VENUE

1. This is an action pursuant to Section 340(a) of the

Immigration and Nationality Act of 1952, as amended (INA), 8

U.S.C. § 1451(a), to revoke the citizenship of Defendant John

Demjanjuk ("Defendant ll), to set aside the Order of the United

States District Court for the Northern District of Ohio dated

November 14, 1958, admitting Defendant to citizenship, and to

cancel Certificate of Naturalization No. 7997497, issued to

Defendant pursuant to that Order.

2. Plaintiff is the United States of America.

DEMJPLE1- 1 32


3. Defendant isa ,nat~ralperson whose last known address

was 847 Meadowlane Road, Seven Hills, Ohio, which is within the

jurisdiction and venue of this Court.

4. Jurisdiction is conferred upon this Court by 28 U.S.C.

§ 1345 (which provides that, except as otherwise provided by Act

of Congress, the District Courts shall have original jurisdiction

of all civil actions commenced by the United States) and by

Section 340 (a) of the INA, 8 U.S.C. § 1451 (a) (an action to

revoke citizenship is to be brought in a District Court) .

5. Venue is proper in this District under Section 340(a)

of the INA, 8 U.S.C. § 1451 (a) (an action to revoke citizenship

shall be brought in the judicial district in which the

naturalized citizen resides at the time the suit is brought)

6. As required by Section 340(a) of the INA, 8 U.S.C.

§ 1451(a), an affidavit showing good cause for this action is

attached as Exhibit A, signed by Elizabeth B. White, Chief

Historian, Office of Special Investigations, Criminal Division,

United .States Department of Justice.

II. FACTS

A. Defendant's Activities before and during World War II

7. Defendant was born on April 3, 1920, in Dubovye

'Makharintsy, a village in central Ukraine.

8. In 1940, Defendant entered the Soviet army. Defendant

was captured by Axis forces no later than May 1942. Following

his capture, Defendant was interned in a German POW camp.

2

DEMJPLE1- 2 33


9. At the POW camp, Def~ndant was Ch0Ge~ for sRrvice by

the SS and German police as an SS and police auxiliary. The SS

(Schutzstaffel) was the elite guard of the Nazi Party of Germany.

10. By early summer 1942, Defendant arrived at Trawniki

Training Camp, where he was assigned Trawniki identification

number 1393 and received the rank of Wachmann (guard private) in

the "Guard Forces of the SS and Police Leader in Lublin

District." Defendant was paid for his service in this unit.

11. Trawniki Training Camp was located near Trawniki,

Lublin District, in Nazi-occupied Poland. The camp was operated

by the SS and German police under the direction of the SS and

Police Leader in Lublin District. The men who trained at the

camp served in the Guard Forces of the SS and Police Leader in

Lublin District.

12. By the beginning of 1942, the primary purpose of

Trawniki Training Camp was training men to implement "Operation

Reinhard," the Nazi program to dispossess, exploit, and

exterminate Jews in Poland. The camp also served as a base camp

for Trawniki-trained men who were between assignments elsewhere.

13. Operation Reinhard was conducted under the direction of

the SS and Police Leader in Lublin District.

14. In the course of Operation Reinhard, approximately 1.7

million Jews were murdered, the labor of Jews was exploited in

forced-labor camps and at other sites under armed guard, and the

property and personal belongings of Jews were stolen and

distributed to benefit the German war economy.

3

DEMJPLE1- 3 34


15. Training at Trawniki Training Camp included guard

training, military drills, and weapons training. Training also

commonly included rounding up, guarding, and killing unarmed

Jewish civilians.

16. The Guard Forces of the SS and Police Leader in Lublin

District participated in the implementation of all aspects of

Operation Reinhard.

17. Between his arrival at Trawniki Training Camp and

September 22, 1942, Defendant trained at Trawniki Training Camp

and began participating in Operation Reinhard.

18. On or about September 22, 1942, while serving in the

Guard Forces of the SS and Police Leader in Lublin District,

Defendant was sent from Trawniki to serve as an armed guard at

the Landed Estate Okzow.

19. The Landed Estate Okzow was an SS and police base near

Chelm, in Lublin District. Trawniki-trained men commonly served

as armed guards at SS landed estates, preventing forced laborers

from escaping, requisitioning grain from the peasantry, and

protecting the property from partisans.

20. By January 18, 1943, while serving in the Guard Forces

of the SS and Police Leader in Lublin District, Defendant was an

armed guard at the concentration camp located near Lublin,

commonly known as Majdanek.

21. Thousands of civilians were confined at Majdanek

because of race, religion, national origin, or political opinion.

Conditions at Majdanek were inhumane, and the prisoners there

4

DEMJPLE1- 4 35


were subjected to physical and psychological abuse, including

forced labor and murder. The guards at Majdanek compelled

prisoners to work and prevented them from escaping.

22. Thousands of civilians were murdered in the gas

chambers at Majdanek as part of Operation Reinhard.

23. While at Majdanek, Defendant served as an armed guard

of prisoners, compelled them to work, and prevented them from

escaping.

24. After serving at Majdanek, Defendant returned to

Trawniki Training Camp.

25. On or about March 26, 1943, while serving in the Guard

Forces of the SS and Police Leader in Lublin District, Defendant

was assigned to the "ss Special Detachment Sobibor." Defendant

began service with other Trawniki-trained guards in the SS

Special Detachment Sobibor no later than March 27, 1943.

26. As part of Operation Reinhard, the SS operated a

killing center near the village of Sobibor, in Lublin District.

The Trawniki-trained guards at Sobibor met arriving transports of

Jews, forcibly unloaded the Jews from the trains, compelled them

to disrobe, and drove them into gas chambers where they were

murdered by asphyxiation with carbon monoxide.

27. The Trawniki-trained guards assigned to the SS Special

Detachment Sobibor also guarded Jewish forced laborers, compelled

them to work, and prevented them from escaping.

5

DEMJPLE1- 5 36


28. While at Sobibor, Defendant participated in the process

by which thousands of Jews were murdered by asphyxiation with

carbon monoxide.

29. While at Sobibor, Defendant guarded forced laborers,

compelled them to work, and prevented them from escaping.

30. After serving with the SS Special Detachment Sobibor,

Defendant returned to Trawniki Training Camp, renamed the SS

Training Camp Trawniki in the summer of 1943.

31. On or about October 1, 1943, Defendant was transferred

from the SS Training Camp Trawniki to serve with the SS Death1s

Head Battalion at Flossenburg Concentration Camp. This transfer

severed Defendant1s institutional connection with the SS Training

Camp Trawniki.

32. Flossenburg Concentration Camp was located in eastern

Bavaria, near the present Czech-German border. Thousands of

civilians were confined at Flossenburg because of race, religion,

national origin, or political opinion. Conditions at Flossenburg

were inhumane, -and the prisoners there were subjected to physical

and psychological abuse, including forced labor and murder. The

guards at Flossenburg compelled the prisoners to work and

prevented them from escaping.

33. While at Flossenburg, Defendant served as an armed

guard of prisoners, compelled them to work, and prevented them

from escaping.

34. Defendant remained at Flossenburg Concentration Camp

until at least December 1944.

6

DEMJPLE1- 6 37


35. On captured wartime and other pertinent documents,

Defendant's surname is variously rendered, inter alia, as

Demjanjuk, Demianjuk, Demenjuk, Demyanyuk, Demianiuk, Deminjuk,

Dem'yanyuk, Damyanyuk, and Dem"yanyuk, and his given name is

variously rendered as Ivan, Iwan, Vanya, and John.

B. Defendant's Immigration to the United States

36. In March 1948, Defendant submitted an "Application for

Assistance" to the Preparatory Commission of the International

Refugee Organization (PCIRO). On that application, Defendant

falsely represented his employment and residences from 1942 to

1944, stating that from April 1937 to January 1943 he was a

driver in Sobibor, Chelm, Poland, that from January 1943 to

October 1944 he was a worker for the Port of pilawu, Germany, and

that from October 1944 to May 1945 he was a worker in Munich,

Germany.

37. In his Application for Assistance to the PCIRO,

Defendant concealed that he served with the Guard Forces of the

SS and Police Leader in Lublin District and the SS Death's Head

Battalion at Flossenburg Concentration Camp from 1942 to 1944.

38. In October 1950, Defendant sought a determination from

the United States Displaced Persons Commission (DPC) that he was

a Displaced Person as defined in the Displaced Persons Act of

1948, Pub. L. No. 80-774, ch. 647, 62 Stat. 1009, as amended,

June 16, 1950, Pub. L. No. 81-555, 64 Stat. 219 (DPA) , and

7

DEMJPLE1- 7 38


therefore eligible to immigrate to the United States under the DPA.

39. In seeking a determination that he was an eligible

Displaced Person, Defendant falsely represented his employment

and residences from 1942 to 1944, stating that he worked on a

farm in Sobibor, Poland, from 1936 to September 1943, that he

worked at the harbor at Danzig from September 1943 until May

1944, and that he was a railway worker in Munich, Germany, from

May 1944 to May 1945.


Displaced Person, Defendant concealed that he served with the

Guard Forces of the SS and Police Leader in Lublin District and

the SS Death's Head Battalion at Flossenburg Concentration Camp

from 1942 to 1944.

41. In October 1950, relying upon Defendant IS

misrepresentations, the DPC determined that Defendant was an

eligible Displaced Person.

42. On December 27, 1951, Defendant filed an Application

for Immigration. Visa and Alien Registration with the American

Consulate in Stuttgart, Germany, to obtain a non-quota

immigration visa to the United States under the DPA.

43. On his visa application, Defendant falsely represented

that he resided in Sobibor, Poland, from 1936 to 1943, Pilau,

Danzig, from 1943 to September 1944, and Munich, Germany, from

September 1944 to May 1945.

8

DEMJPLE1- 8 39


44. On his visa application, Defendant concealed that he

resided at Trawniki, Okzow, Lublin, and Flossenburg from 1942 to

1944.

45. Defendant orally swore to the truth of the information

on his visa application.

46. Based upon the false information provided by Defendant

to United States authorities, Defendant was issued an immigration

visa.

47. Defendant entered the United States at the Port of New

York on or about February 9, 1952.

C. Defendant's Naturalization

48. On August 12, 1958, Defendant signed and filed a

Petition for Naturalization with the United States Immigration

and Naturalization Service and orally swore to the truth of the

information he provided therein.

49. On November 14, 1958, the United States District Court

for the Northern District of Ohio granted Defendant's Petition

for Naturalization and issued him Certificate of Naturalization

No. 7997497. That same day, Defendant legally changed his name

from Iwan Demjanjuk to John Demjanjuk.

III. LAW

50. Under Section 340(a) of the INA, 8 U.S.C. § 1451(a),

Defendant's citizenship must be revoked and his Certificate of

9

DEMJPLE1- 9 40


Naturalization must be cancelled if his citizenship was illegally

procured.

51. Section 316 of the INA, 8 U.S.C. § 1427, sets forth the

requirements for legally procuring naturalized citizenship.

Section 316(a) (1), applicable to Defendant, provides:

No person, except as otherwise provided in this title, shall be naturalized unless such petitioner, (1) immediately preceding the date of filing his petition for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States . [emphasis added] .

COUNT I

Illegal Procurement of U.S. Citizenship: Unlawful Admission under the Displaced Persons Act

(Assistance in Persecution)

52. Plaintiff realleges and incorporates by reference

paragraphs 1 through 51 of this Complaint.

53. As set forth in paragraphs 36 through 47, supra, ",

Defendant entered this country under the provisions of the DPA.

54. Sect.ion 13 of the DPA, as amended, provided that "no

visas shall be issued under the provisions of this Act, as

amended . . to any person who advocated or assisted in the

persecution of any person because of race, religion, or national

origin . "

55. Defendant's service at Sobibor, at Majdanek, with the

Guard Forces of the SS and Police Leader in Lublin District, and

with the SS Death's Head Battalion at Flossenburg Concentration

Camp, as alleged in paragraphs 9 through 35, supra, constituted

10

DEMJPLE1- 10 41


assistance in the persecution of persons because of race,

religion, or national origin. Defendant was thus ineligible to

receive a visa under the DPA.

56. Because Defendant was ineligible for a V1sa under the

DPA, his admission into the United States pursuant thereto was

unlawful.

57. Because Defendant's admission into the United States

was unlawful, his subsequent naturalization was unlawful under

Section 316 (a) (1) of the INA, 8 U.S.C. § 1427 (a) (1) .

58. Defendant's citizenship thus was illegally procured and

must be revoked, as provided for in Section 340(a) of the INA, 8

U.S.C. § 1451 (a) .

COUNT II

Illegal Procurement of U.S. Citizenshi~ Unlawful Admission under the DPA

(Membership in a Hostile Movement)



60. As set forth in paragraphs 36 through 47, supra,


Section 13 of the DPA prohibited issuance of a visa

to any person who is or has been a member of, or participated in, any movement which 1S or has been hostile to the United States or the form of government of the United States.

61. Defendant's service at Sobibor, at Majdanek, with the

Guard Forces of the SS and Police Leader'in Lublin District, and

11

DEMJPLE1- 11 42


with the SS Death's Head Battalion at Flossenburg Concentration

Camp, as alleged in paragraphs 9 through 35, supra, constituted

membership or participation in a movement hostile to the United

States and to the form of government of the United States.

Defendant therefore was ineligible to receive a visa under the

DPA.

62. Because Defendant was ineligible to receive a visa

under the DPA, his admission into the United States pursuant

thereto was unlawful.



Section 316{a) (I) of the INA, 8 U.S.C. § 1427{a) (I).


must be revoked, as provided for in Section 340{a) of the INA, 8

U.S.C. § 1451{a).

COUNT III

Ill~gal Procurement of U.S. Citizenship: Unlawful Admission under the Displaced Persons Act

(Material Misrepresentation)



66. As set forth in paragraphs 36 through 47, supra,


Section 10 of the DPA rendered inadmissible to the United States

any alien who willfully misrepresented material facts for the

12

DEMJPLE1- 12 43


purpose of gaining admission to the United States as an eligible

Displaced Person.

67. Defendant willfully misrepresented material facts for

the purpose of gaining admission into the United States when he:

(i) sought a determination from the DPC that he was an eligible

Displaced Person, as alleged in paragraphs 38 through 40, supra;

and (ii) sought an immigration visa under the DPA from the

American Consulate in Stuttgart, Germany, as alleged in

paragraphs 42 through 45, supra. Defendant was, therefore,

ineligible to receive a visa under the DPA.

68. Because Defendant was not eligible to receive a visa

under the DPA, his admission into the United States pursuant

thereto was unlawful.



Section 316(a) (1) of the INA, 8 U.S.C. § 1427(a) (1).


must be revoked, as provided for in Section 340(a) of che INA, 8

U.S.C. § 1451(a)

IV. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests:

1. A declaration that Defendant procured his citizenship

and Certificate of Naturalization illegally.

2. A judgment that revokes the United States citizenship

of Defendant, that sets aside the Order of the United States

13

DEMJPLE1- 13 44


DIstrict Court for the Northern District of Ohio dated November

14, 1958, admitting Defendant to United States citizenship, and

that cancels Defendant's Certificate of Naturalization No.

7997497, issued pursuant to that order.

3. A judgment forever restraining and enjoining Defendant

from claiming any rights, privileges, benefits, or advantages

under any document evidencing United States citizenship.

4. A judgment requiring Defendant to surrender immediately

and deliver to the Attorney General his United States passport,

should he have one, and any other indicia of United States

citizenship.

14

DEMJPLE1- 14 45


5. Such other relief as may be lawful and proper.

BY~ ,-l EMILY M. SWEENEY/? United StatesLAftorney

By,Jd;l/~ for the Northern District Of Ohio

MICHAEL ANNE JOHNSON /&f#a· fJ%Z(tfj Assistant U.S. Attorney 1800 Bank One Center 600 Superior Avenue, East Cleveland, Ohio 44114-2600 (216) 622-3600

15

ELI M. ROSENBAUM Director SUSAN L. SIEGAL Principal Deputy Director EDWARD A. STUTMAN Senior Trial Attorney JONATHAN C. DRIMMER Trial Attorney Office of Special Investigations Criminal Division U.S. Department of Justice 1001 G Street, N.W., Suite 1000 Washington, D.C. 20530 (202) 616-2501

PA Chief JOSEPH DOUGLAS WILSON Attorney Appellate Section Criminal Division U.S. Department of Justice P.O. Box 899 Ben Franklin Station Washington, D.C. 20044-0899 (202) 514-2611

DEMJPLE1- 15 46


UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

JOHN DEMJANJUK, a/k/a Iwan Demjanjuk,

Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

------------------------------------)

Civil Action No.

AFFIDAVIT OF GOOD CAUSE IN SUPPORT OF COMPLAINT

(EXHIBIT A)

Dr. Elizabeth B. White declares under penalty of perjury as

follows:

1. I am the Chief Historian in the Office of Special

Investigations,- -Criminal Division, United States Department of

Justice. As such, I have access to records and information of

the United States Immigration and Naturalization Service (IIINSII)

as well as other agencies and organizations, regarding the

wartime activities, immigration, and naturalization of John

Demjanjuk ("Defendant ll). These records and this information form

the basis for this affidavit.

2. Defendant was born on April 3, 1920, in Dubovye

Makharintsy, a village in central Ukraine:

DEMJPLE1- 16 --- ---- ~- ----- -- ---------_.---.----------r-----

47


- 2 -

3. In 1940, Defendant entered the Soviet army. Defendant

was captured by Axis forces no later than May 1942. Following

his capture, Defendant was interned in a German POW camp.

4. At the POW camp, Defendant was chosen for service by

the SS and German police as an SS and police auxiliary. The SS

(Schutzstaffel) was the elite guard of the Nazi Party of Germany.

5. By early summer 1942, Defendant arrived at Trawniki

Training Camp, where he was assigned Trawniki identification

number 1393 and received the rank of Wachmann (guard private) in

the "Guard Forces of the SS and Police Leader in Lublin

District." Defendant was paid for his service in this unit.

6. Trawniki Training Camp was located near Trawniki,

Lublin District, in Nazi-occupied Poland. The camp was operated

by the SS and German police under the direction of the SS and

Police Leader in Lublin District. The men who trained at the

camp served in the Guard Forces of the SS and Police Leader in

Lublin District.

7. By the beginning of 1942, the primary purpose of

Trawniki Training Camp was training men to implement "Operation

Reinhard," the Nazi program to dispossess, exploit, and

exterminate Jews in Poland. The camp also served as a base camp

for Trawniki-trained men who were between assignments elsewhere.

8. Operation Reinhard was conducted under the direction of

the SS and Police Leader in Lublin District.

9. In the course of Operation Reinhard, approximately 1.7

million Jews were murdered, the labor of Jews was exploited in

DEMJPLE1- 17 48


- 3 -

forced-labor camps and at other sites under armed guard, and the

property and personal belongings of Jews were stolen and

distributed to benefit the German war economy.

10. Training at Trawniki Training Camp included guard

training, military drills, and weapons training. Training also

commonly included rounding up, guarding, and killing unarmed

Jewish civilians.

11. The Guard Forces of the SS and Police Leader in Lublin

District participated in the implementation of all aspects of

Operation Reinhard.

12. Between his arrival at Trawniki Training Camp and

September 22, 1942, Defendant trained at Trawniki Training Camp

and began participating in Operation Reinhard.

13. On or about September 22, 1942, while serving in the

Guard Forces of the SS and Police Leader in Lublin District,

Defendant was sent from Trawniki to serve as an armed guard at

the Landed Estate Okzow.

14. The Landed Estate Okzow was an SS and police base near

Chelm, in Lublin District. Trawniki-trained men commonly served

as armed guards at SS landed estates, preventing forced laborers

from escaping, requisitioning grain from the peasantry, and

protecting the property from partisans.

15. By January 18, 1943, while serving in the Guard Forces

of the SS and Police Leader in Lublin District, Defendant was an

armed guard at the concentration camp located near Lublin,

commonly known as Majdanek.

DEMJPLE1- 18 49


- 4 -

16. Thousands of civilians were confined at Majdanek

because of race, religion, national origin, or political opinion.

Conditions at Majdanek were inhumane, and the prisoners there

were subjected to physical and psychological abuse, including

forced labor and murder. The guards at Majdanek compelled

prisoners to work and prevented them from escaping.

17. Thousands of civilians were murdered in the gas

chambers at Majdanek as part of Operation Reinhard.

18. While at Majdanek, Defendant served as an armed guard

of prisoners, compelled them to work, and prevented them from

escaping.

19. After serving at Majdanek, Defendant returned to

Trawniki Training Camp.

20. On or about March 26, 1943, while serving in the Guard

Forces of the SS and Police Leader in Lublin District, Defendant

was assigned to the 'ISS Special Detachment Sobibor." Defendant

began service ~ith other Trawniki-trained guards in the SS

Special Detachment Sobibor no later than March 27, 1943.

21. As part of Operation Reinhard, the SS operated a

killing center near the village of Sobibor, in Lublin District.

The Trawniki-trained guards at Sobibor met arriving transports of

Jews, forcibly unloaded the Jews from the trains, compelled them

to disrobe, and drove them into gas chambers where they were

murdered by asphyxiation with carbon monoxide.

DEMJPLE1- 19 50


- 5 -

22. The Trawniki-trained guards assigned to the SS Special

Detachment Sobibor also guarded Jewish forced laborers, compelled

them to work, and prevented them from escaping.

23. While at Sobibor, Defendant participated in the process

by which thousands of Jews were murdered by asphyxiation with

carbon monoxide.

24. While at Sobibor, Defendant guarded forced laborers,

compelled them to work, and prevented them from escaping.

25. After serving with the SS Special Detachment Sobibor,

Defendant returned to Trawniki Training Camp, renamed the SS

Training Camp Trawniki in the summer of 1943.

26. On or about October 1, 1943, Defendant was transferred

from the SS Training Camp Trawniki to serve with the SS Death's

Head Battalion at Flossenburg Concentration Camp. This transfer

severed Defendant's institutional connection with the SS Training

Camp Trawniki.

27-. Flossenburg Concentration Camp was located in eastern

Bavaria, near the present Czech-German border. Thousands of

civilians were confined at Flossenburg because of race, religion,

national origin, or political opinion. Conditions at Flossenburg

were inhumane, and the prisoners there were subjected to physical

and psychological abuse, including forced labor and murder. The

guards at Flossenburg compelled the prisoners to work and

prevented them from escaping.

DEMJPLE1- 20 T

51


- 6 -

28. While at Flossenburg l Defendant served as an armed

guard of prlsoners l compelled them to work l and prevented them

from escaping.

29. Defendant remained at Flossenburg Concentration Camp

until at least December 1944.

30. On captured wartime and other pertinent documents 1

Defendant's surname is variously rendered l inter alia l as

Demjanjuk l Demianjuk l Demenjuk l Demyanyuk l Demianiuk l Deminjuk l

Dem'yanyuk l Damyanyuk l and Dem"yanyuk l and his given name is

variously rendered as Ivan l Iwan l Vanya l and John.

31. In March 1948 1 Defendant submitted an "Application for

Assistance" to the Preparatory Commission of the International

Refugee Organization (PCIRO). On that application l Defendant

falsely represented his employment and residences from 1942 to

1944 1 stating that from April 1937 to January 1943 he was a

driver in Sobibor l Chelm l Poland l that from January 1943 to

October 1944 he. was a worker for the Port of Pilawu 1 Germany 1 and

that from October 1944 to May 1945 he was a worker in Munich l

Germany.

32. In his Application for Assistance to the PCIR0 1

Defendant concealed that he served with the Guard Forces of the

SS and Police Leader in Lublin District and the SS Death's Head

Battalion at Flossenburg Concentration Camp from 1942 to 1944.

33. In October 1950 1 Defendant sought a determination from

the United States Displaced Persons Commi'ssion (DPC) that he was

a Displaced Person as defined in the Displaced Persons Act of

DEMJPLE1- 21 52


- 7 -

1948, Pub. L. No. 80-774, ch. 647, 62 Stat. 1009, as amended,

June 16, 1950, Pub. L. No. 81-555, 64 Stat. 219 (DPA) , and

therefore eligible to immigrate to the United States under the

DPA.


Displaced Person, Defendant falsely represented his employment

and residences from 1942 to 1944, stating that he worked on a

farm in Sobibor, Poland, from 1936 to September 1943, that he

worked at the harbor at Danzig from September 1943 until May

1944, and that he was a railway worker in Munich, Germany, from

May 1944 to May 1945.


Displaced Person, Defendant concealed that he served with the

Guard Forces of the SS and Police Leader in Lublin District and

the SS Death's Head Battalion at Flossenburg Concentration Camp

from 1942 to 1944.

36. In October 1950, relying upon Defendant's

misrepresentations, the DPC determined that Defendant was an

eligible Displaced Person.

37. On December 27, 1951, Defendant filed an Application

for Immigration Visa and Alien Registration with the American

Consulate in Stuttgart, Germany, to obtain a non-quota

immigration visa to the United States under the DPA.

38. On his visa application, Defendant falsely represented

that he resided in Sobibor, Poland, from i936 to 1943, Pilau,

DEMJPLE1- 22 53


- 8 -

Danzig, from 1943 to September 1944, and Munich, Germany, from

September 1944 to May 1945.

39. On his visa application, Defendant concealed that he

resided at Trawniki, Okzow, Lublin, and Flossenburg from 1942 to

1944.

40. Defendant orally swore to the truth of the information

on his visa application.

41. Based upon the false information provided by Defendant

to United States authorities, Defendant was issued an immigration

visa.

42. Pursuant to that visa, Defendant entered the United

States at the Port of New York on or about February 9, 1952.

43. On August 12, 1958, Defendant signed and filed a

Petition for Naturalization with the United States Immigration

and Naturalization Service and orally swore to the truth of the

information he provided therein.

44. On November 14, 1958, the United States District Court

for the Northern District of Ohio granted Defendant's Petition

for Naturalization and issued him Certificate of Naturalization

No. 7997497. That same day, Defendant legally changed his name

from Iwan Demjanjuk to John Demjanjuk.

45. The official records ln this matter indicate that

during Defendant's immigration he concealed and misrepresented at

least the following facts: his wartime residences; his

activities and service in the Guard Forces of the SS and Police

Leader in Lublin District (at Trawniki, Majdanek, and Sobibor) ;

DEMJPLE1- 23 54


- 9 -

his activities and service in the SS Death's Head Battalion at

Flossenburg Concentration Camp.

45. The official records in this matter indicate that

during Defendant's naturalization process, he never disclosed

.these wartime activities, residences, or service.

46. There exists good cause for the institution of

proceedings against Defendant to revoke and set aside the order

admitting Defendant to naturalization and to cancel his

Certificate of Naturalization, pursuant to Section 340(a) of the

Immigration and Nationality Act, 8 U.S.C. § 1451(a), on the

following grounds:

a. Defendant procured both his admission to the

United States and his subsequent naturalization by concealment of

material facts and/or misrepresentations;

b. Defendant illegally procured his admission into

this country and his naturalization.

47.. Deferidant's last known place of residence was 847

Meadowlane Road, Cleveland, Ohio.

DEMJPLE1- 24 55


- 10 -

DECLARATION IN LIEU OF JURAT

I declare under penalty of perjury that the foregoing is

true and correct. Executed this 7th day of April, 1999.

ELIZABETH B. WHITE Chief Historian Office of Special Investigations Criminal Division u.s. Department of Justice 1001 G Street, NW Suite 1000 Washington, D.C. 20530

- ..•... -..•.. ----~-DEMJPLE1- 25

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CERTIFICATION

I HEREBY CERTIFY that all documents included in this Appendix

are copies of documents properly made part of the record before the United

States District Court for the Northern District of Ohio in Case No. 1:99-

cv-1193.

/s/ Joshua S. Johnson JOSHUA S. JOHNSONAttorneyU.S. Department of JusticeCriminal Division, Appellate Section950 Pennsylvania Ave., NW, #1316Washington, D.C. 20530Telephone: (202) 353-0114Facsimile: (202) 305-2121E-mail: [email protected] for the United States

57


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 15, 2012, I electronically filed the

foregoing Appendix for the United States with the Clerk of the Court for

the United States Court of Appeals for the Sixth Circuit by using the

CM/ECF system. I further certify that appellant’s counsel, Michael Tigar,

Dennis G. Terez, and Vicki Werneke, are registered CM/ECF users and

that service will be accomplished by the CM/ECF system.

/s/ Joshua S. Johnson JOSHUA S. JOHNSONAttorneyU.S. Department of JusticeCriminal Division, Appellate Section950 Pennsylvania Ave., NW, #1316Washington, D.C. 20530Telephone: (202) 353-0114Facsimile: (202) 305-2121E-mail: [email protected] for the United States

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APPENDIX FOR THE UNITED STATES - WillZuzak.caby ptys (3 pgs) (W,J) (Entered: 07/12/1999) 07/14/1999...

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Transcript of APPENDIX FOR THE UNITED STATES - WillZuzak.caby ptys (3 pgs) (W,J) (Entered: 07/12/1999) 07/14/1999...