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IX. "Deprivation of access to vital business books and records
by their seizure and extended retention pursuant to a
search warrant that was improperly sought and wrongfully
issued on the basis of material misrepresentations of fact
made under oath.”
In the motion, petitioner avers: “Special Agent Goolkasian
committed perjury in his affidavit in support of the March 21,
1989, search warrant for the books and records of the AMCOR
partnerships.” Petitioner claims that, in the application (for
the warrant), Mr. Goolkasian misrepresented that books and
records of AMCOR were concealed. In petitioner’s memorandum, he
broadens his complaint: “The seeking of a search warrant in this
situation was not to fulfill any legitimate purpose but, rather,
to serve Mr. Goolkasian’s objective of conducting an improper
general search and coercing the targets of the criminal
investigation.” Petitioner particularizes the harm he claims to
have suffered: “By improperly seizing these business records,
Respondent denied AMCOR and the TMP effective access, severely
prejudicing the TMP in his ability to timely and fully prepare
his cases.”
Petitioner argues his standing to make a Fourth Amendment
claim with respect to the execution and consequences of the
warrant: “The Respondent’s blatant violations of the TMP’s,
AMCOR’s and the AMCOR partnerships, including Crop Associates-86,
Fourth Amendment rights, moreover, gives TMP standing on behalf
of Crop Associates-86.” In support of that proposition,
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