emilio m garza financial disclosure report for 2009

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  • 8/3/2019 Emilio M Garza Financial Disclosure Report for 2009

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    UNITEDSTATES COURT OFAPPEALSFIFTH CIRCUIT

    CHAMBERS OF" 02001-10 WEST, SUITE 501EMILIO M. GARZA SAN ANTONIO, TEXAS 78230

    UNITED STATES CIRCUIT JUDGE (210} 525-20S0

    June 25, 2010

    Via Federal Express"Ihe Honorable Bobby R. Baldock, (?hairJudicial Conference of the United StatesCommittee on Financial DisclosureAdministrative Office of the United States CourtsOne Columbus Circle, N.E.Suite 2-301Washington, D.C. 20544

    RE: Calendar Year 2009 FilingDear Judge Baldock:

    Thank you lbr your letter of June 17, informing me that you were unable to close my2009 report because additional inIbrmation is required by Section 102 of the Act.

    I received almost your exact letter six years ago from Judge List (Exhibit # 1 attached).My response in a letter dated July 21,2004, was as follows: "IRA, Account # 1, SpringfieldMA is a mutual fired. It is the same IRA account 1 disclosed initially in my 1988 report (andalso in nay letter of May 15, 1989 with enclosures) through 1994 as Connecticut Mutual IRAContract No. !~ from 1995 through 2001 as MassMutual, IRA. Springfield MA"and from 2002 to the present [2003] as IRA. Account # 1. Springfield MA." Except tbr thefirst sentence in the above quoted paragraph, this statement is still correct. Previously in1989, based on a similar inquiry, 1 furnished the Committee my 1988 and 1987 annualannuity statements which were enclosed in my letter to the Committee dated May 15, 1989.

    "Fhis IRA w hich I purchased in 1977 is called a Flexible Premium Retirement AnnuityContract, that is, an individual retirement annu ity which comp lied with the provisions oftheInternal Revenu e Code.

    In nay 20 03 Financial Disclosure Rep ort, in Part VII, item 3, 1 d esignated this annuibas a "IRA , Accoun t # 1, Spnngfield, MA . 1 then received Judge Lists letter of July 8, 2004,to which 1 replied with a let ter dated July 21,2004, noted above, w here I first indicated i t was

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    The Honorable Bobby R. Baldock, ChairJune 25, 2010Page 2fimded by a mutual fund. I have since designated this IRA as "MassMutuai IRA, (MutualFund) Account # l, Springfield, MA." This was an error. This is not a mutual tired, and my2003-2009 Financial Disclosure Reports should be amended accordingly.

    I have contacted MassMutual to identify the stocks, bonds, mutua! funds or otherassets underlying the IRA. The Company has informed me that my premiums were placedin the Companys general account from which nay account was credited with an"accumulated value" and which generated a "dividend" per the annuity contract. All of myFinancial Disclosure Reports reflect the same annuity, the same contract, the same benefitsdesignated as "accumulated value" and "dividend". I can furnish my most recent annualstatement or other supporting documentation to the Committee, if so requested.

    Lastly, this IRA was cashed this year, and will be closed out in next years FinancialDisclosure Report.

    1 request the contract number stated above and the 1988 and 1989 annual statementspreviously sent to the Committee in 1989, be redacted Ibr any future purposes.

    If you have any questions on these matters or any part of the Financial DisclosureReport, please IEel fi-ee to contact me.

    Sincerely yours,

    Emilio M. Garza

    EMG :cimEnclosure

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    ,4 o 1 0 FINANCIAL DISCLOSURE REPORT R e p o r t ~ : e q u i r e a b yin Govermnent Act of 1978R o y . 1 / 2 0 1 0 FOR CALENDAR YEAR 2009 0 U . S . C . ~ p p . I0!.J li)!. Person Reporting (last nam e, first, m iddle initial) 2. C ourt or O rganization 3. Date of ReportGarza, Emilio M. U.S. Court of Appeals, 5th Cir 05/0612010

    4. Title (Article III judges indicate active or senior sinful;; 5a. Report Type (check appropriate type) 6 . Reporting Periodmagistrate judge.,; indicate lull- or part-time)1---] Nomination. Date 0t/01/2009

    U.S. Circuit Judge - Active t [] Initial~ Annual I--] Final to12/31,/2009[ 5b. [] Amended Report

    7. Chambers or Office Address 8. On the basis of fhe in format ion contained in th is Report and anymodifications pertaining thereto, it is, in lily opinioo, in compliance8200 1- I 0 ~Vest, Suite 50 ] with applicable laws an d rcgalatioos.San Antonio TX 78230

    Revie~*ing Officer Date

    IMPO RTANT NOT ES: The instractions accompanying this form must be followed. Complete all parts,checking the NONE box for each part where you have no reportable information. Sign on lastpage.

    ~ ] NON E (No reportable po.~ilions.)PO SIT IO N N A M E O F O R GA N IZA T ION /EN T IT Y

    1. Member - Board of Directors Good Choices2. Member - Advisory. Council (No longer a member effective May 18, 2009) Notre Dame Law School3. Member - Non-Resident B Class India Hotase (New York. NY) (73

    ~~ ~ 7 ~- " I ~ I5, 2:-.- I

    II . AGREEMENTS. te~o~a,,~.

    ~ NONE ~o rel)ortable agreements.)~ P A R T I E S A N D T g R M S

    I.

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    FI N A N C I A L D I SC LOS U R E R EPO R T Nam e of Person Reporting Date of ReportPage 2 of 6 Garza, E m i li o M . 0 5 / 0 6 / 2 0 1 0

    1II. NON-INVESTMENT INCOME. ~R,~o,,in~A. Fliers Non-Investment Income

    N O N E (No reportable non-investment income,)D A T E S O U R C E A N D T Y P E INCOME( y o u r s , n o t s p o u s e s )

    1 .2.3.4.

    B. Spollsets Non-Investment Income- Ifyo~ w ere married during any portion of the reporting year, completethlssectiott(DolIar amou nt not required ~x c~pt for honoraria.)

    N O N E (No reportable non-investment income.)DATE S O U R C E A N D

    I.2.3.4.

    I V . R E I M B U R S E M E N T S -(hwh~ dvs those 1o ~pouse and depend~n/ children: ~ee pp. 25- 27 c~filing instrucltons )

    ~ N O N E (No reportable reimbursements.)SOURCE D A T E S LOCA TION P UR PO SE IT EM S PA ID O R P ~O V ID ED

    1 . Pepperdine University School March 5-8, 2009 Malibu, Califo~ia M o o t C o m ~ C o m p e t it io ~ Transportation, Lodging, and Mealso f t . a w2.3.4.5 .

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    FINANCIAL DISCLOSURE REPORT N .... f Per~ioll Reporlil,g Dale of ReportPage 3 of 6 Garza, Emilio M, 05/06/2010

    [] NONE 6~Vo reportableSOURCE DESCRIPTION V A L U E

    2.3.4.5 .

    V I . L I A B I L I T I E S . (Includes arose of sp ...... d dependent children; see pp. 32-33 ~f filing instructions.)N O N E (No reportable liabilities.)

    CREDITOR DgSCRIPTION VALUE C O D E

    2.3.4.5.

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    FINANCIAL D I S C LOS U R ER EPOR T II Garza, Emilio M.

    [ Name of Person Roport ing Da~e o1 Repot!Page 4 of 6

    V I I . I N V E S T M E N T S a n d T R U S T S - ineom,, ~,iue, , ...... Sons (Includes those of sp .... and d e p e n d e m children; seepp, 34-60 of flhng instructions.)~ NONE ~o reportable income, assets, or ~ansactions.),~, ~ . c. - ................~ . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .Description of Assets Income during Gross value at end T~nsactions during reposing ~riod(including t~st assels) reposing period o reposing period

    Place "(X)" ~fier each asset ~ ~lAmount [ T y~ (e.g.. Value [ Value T~e (e.g., I~ Date Value Gain Idcmily of..... plfrompdordisel ..... ~Code I j di .....n t, Code2 [ Method buy. sell, ~mm!d~yy " Code2 Code I buyer/seller

    (Q-~ ~ : transaction)

    1. USAA F.S.B., Acconnt #1, San Antonio TX A Interest J T2. IJSAA F.S.B., Account #2, San Antonio TX B Interest ~ T3. MassMurual IRA, (Mutual Fund) Account B Dividend M T#1, Springfield MA4. Llano Count, Texas (Real Proper~) N on e L W

    5.

    10 .

    12 .

    13 .

    14.

    1 6 .

    I Inco,a~c Ga;n Code: ;: A =$1,000 or less B =$1.001 - $2,500 C =$2,501 - $5 ,000 D =$5,001 - $15,000 E =St 5AglI - $50.D00

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    FINA1NCIAL DISCLOSURE REPORT r~ .... ~ P ..... ~ p o ~ . ~Page 5 of 6 Garza, Emilio M. 05/06/2010VIII. ADDITIONAL INFORMATION OR EXPLANATIONS.

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    l~amef P e r s o ~ R e p o r ~ i z ~ g D e ~ e o f R e p o t !FINANCIAL DISCLOSURE R EPOR T[ Garza, Emilio M .

    03/06/2010age 6 of 6IX. CE RT IFICAT ION.

    1 certifythat all information given above (including information pertaining to my spouse and minor or dependen t children, if any) isaccurate, true, and comp|ete to the best of my knowledge an d belief, and that any information not reported was withheld because it met applicable statutoryprovisions permitting non-disclosure.I further certify that earned |ncome hom outside employment and honoraria and the acceptance of gifts which have been reported are inc o m p l i a n ce with the provisions ors U.S.C. app. 501 el. seq., 5 U,S,C. 7353, and Judicial Conference regulations.

    NOTE: ANY INDIVIDUAL W HO KNOW INGLY AND W ILFUI,LY FALSIFIES OR FAILS TO FILE THIS REPORT MAY B E SUBJECT TO CIVILAND CRIMINAL SAN CTIONS (5 U.S.C. app. 104)

    FILING 1NSTRUCTION~;Mail signed original and 3 additional copies to:

    Committee on Financial DisclosureAdministrative Office of the United States CourtsSuite 2-301One Columbus Circle, N.E.Washington, D.C. 20544