1||GEORGE B. NEWHOUSE, JR. (Cal. Bar No. 107036) KATHERINE eo cal at Ne No, 239168) E LLP 2|BROWN, WE 333 South Hope Street, 40th Floor 3|[Los Angeles, California 90071 Telephone: 213-613-0500 4|)Facsimile: 213-613-0550 5 || Attorneys Specially Appearing for i Defendant GSEDHNGER IR COIN & 7 8 UNITED STATES DISTRICT COURT ‘ CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 19 ONITED STATES OF AMERICA, | CASE NO. 08-224 PSG Plaintiff, DEFENDANT GOLDFINGER n COIN & BULLION, INGS vy. RENEWED MOTION 2 RETURN OF PROPERTY GOLDFINGER COIN & BULLION, | PURSUANT TO RULE 41(0) OF 13 }INC. THE FEDERAL RU! IMINAL VROCEDUR Es “4 Defendant, MENORADUM OF POINTS AND AUTHORITIES. DECLARATIONS OF GEORGE B. NEWHOUSE: JR. AND JAMES: FILED CONCURRENTLY HEREWITH PLEASE TAKE NOTICE that on February 2, 2008 at 1:30 p.m., or as soon thereafter as the matter may be heard, before the Honorable Philip S. Gutierrez, United States District Judge, located in Court Room 790 of the United States Courthouse, 255 East Temple Street, Los Angeles, California 90012, defendant Goldfinger Coin & Bullion, Inc. (“GCB”), will respectfully renew its Motion for Return of Property Pursuant to Rule 41(g) and move this Court for an order directing the government to return certain assets seized unlawfully by the United States from GCB during a series of seizures occurring on or about August 4, 2008. In the alternative, GCP respectfully moves the court, pursuant to the Due Process DEFENDANT GOLDFINGER COIN & BULLION, INC. RENEWED MOTION FOR RETURN OF PROPERTYClause and the Court’ government to return a limited portion of the seized assets, specifically $1,000,000, inherent supervisory powers for an order directing the so the corporation may retain counsel, provide for certain operational expenses of the corporation and satisfy other lawful debts and corporate obligations. This motion is made pursuant to Rule of Criminal Procedure 41(g) on the grounds that the government conducted an unlawful seizure of the property and that GCB, as the owner of such unlawfully seized property, has been, is and will continue to be aggrieved by the continued deprivation of the seized funds resulting in the corporation’s inability to retain counsel or pay for other basic operational costs of doing business. This Motion is based on this Notice of Motion and Motion, the Memorandum of Points and Authorities, Declarations of George B. Newhouse, Jr. and James Fayed filed concurrently herewith, GCB’s prior Rule 41(g) motion, the record in this ‘matter, and upon such other oral and documentary evidence as may be presented to the Court at the hearing on this Motion. DATED: December 15, 2008 Respectfully submitted, BROWN, WHITE & NEWHOUSE LLP Attorneys Specially Appearing for Defendant GOLDFINGER COIN & BULLION, INC. DEFENDANT GOLDFINGER COIN & BULLION, INC’S RENEWED MOTION FOR RETURN OF PROPERTY.MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Few rights guaranteed by the United States Constitution are more fundamental than a defendant’s right to counsel -- the right to appear in court when criminally charged, and with the assistance of such counsel, defend against criminal charges brought by the government. This right applies equally to individuals and corporations. Since a corporation can only appear in this Court through counsel; since the surviving shareholder and CEO of defendant Goldfinger Coin & Bullion, Inc. (“GCB” or “Goldfinger”), James Fayed, has been held in custody, without bail, on state charges since August 2008 and has thus been incapacitated as regards his executive duties toward GCB; since the corporation’s previous attorney James W. Spertus was ordered disqualified as counsel to the corporation on account of unwaived conflicts of interest; and on ‘account of certain sweeping scizures by the United States Government of virtually all GCB’s assets, at this instant GCB is unable to secure counsel to appear generally in this action, and therefore, it is unable defend its interests. Goldfinger Coin & Bullion, Inc., accordingly, respectfully moves the court for an order either returning all of the enumerated assets to a corporate representative or, at a minimum, requests that the Court, operating pursuant to its supervisory powers, order a partial return of property, in an amount to be determined but no less than $1,000,000 so the corporation can provide for its criminal defense, retain and pay for the services of a provisional director so that basic operating expenses associated with a winding up of the business can be conducted and other legal maters attended to. As will be seen below, unfreezing such funds at this juncture is not only fair, just and well within the court’s supervisory powers, it is essential to ensure 735 DEFENDANT GOLDFINGER CON & BULLION, C'S RENEWED MOTION FOR RETURN OF PROPERTY