EFTA00081368.pdf

BSF BOIES SCHILLER FLEXNER PETER M. SKINNER Tel.: E-mail: April 23, 2019 VIA ELECTRONIC MAIL Assistant United States Attorney United States Attorney's Office for the Southern District of New York One Saint Andrew's Plaza New York, New York 10007 FOIA CONFIDENTIAL TREATMENT REQUESTED / FED. R. CRIM. P. 6(e) MATERIAL Re: Grand Jury Subpoena Investigation Dear Mr. I write on behalf of Boies Schiller Flexner LLP ("BSF") with regard to a grand jury subpoena, dated February 5, 2019, that you directed to this firm (the "Subpoena"). I am also in receipt of the Sealed Order, 19 Misc. 149, signed by Judge McMahon and dated April 9, 2019. Pursuant to that Order, we are producing the following supplemental materials in to the Subpoena that are covered by the March 18, 2016 Protective Order entered in v. Maxwell, 15 Civ. 7433 (RWS): Hearing Transcripts Expert Reports Subpoenas and Notices of Depositions Trial Designations (Deposition Testimony and Exhibits) Supplement (Inadvertently Omitted Pleadings) The documents can be accessed through our secure BSF sharefile site which we will send a link to separately with instructions to access the documents. BOIES SCHILLER FLEXNER LLP 55 Hudson Yards. New York. NY 100011(t) 212.44 623001(0 212 446 2350 1wwwbsIllp corn EFTA00081368 BSF Assistant United States Attorney United States Attorney's Office for the Southern District of New York Page 2 BSF respectfully requests that this letter and the enclosed production be treated as confidential. These materials have been designated "FOIA Confidential Treatment Requested / Fed. R. Crim. P. 6(e) material," and are provided pursuant to and in reliance on the confidentiality provisions of Rule 6(e) of the Federal Rules of Criminal Procedure. BSF further respectfully requests that this letter and the enclosed production be treated as confidential under the Freedom of Information Act ("FOIA"), including pursuant to 5 U.S.C. §§ 552(b)(3), (b)(4), (b)(6), and (b)(7), as well as the FOIA regulation, 28 C.F.R. § 16.8. BSF further respectfully requests confidential treatment of this letter and the enclosed production under the Privacy Act of 1974, 5 U.S.C. § 552a, as well as the provisions of 18 U.S.C. § 1905. By submitting these materials, BSF does not intend to and does not waive the protections of the attorney-client privilege, the attorney work product doctrine, or any other applicable privilege or protection. In the event that the Government receives a FOIA request for any documents provided by BSF, we ask that you please immediately notify us at the numbers above. Likewise, if the Government, for whatever reason, determines to release the materials, we ask that you notify us so that BSF can substantiate its request for confidential treatment, object, or pursue any other available remedies. Finally, should the Office determine to share BSF's production with any other federal agency, please forward a copy of this letter, as well, and indicate that BSF has requested confidential treatment of materials. If you have any questions about BSF's production, or would like to speak further, please feel free to call us at the numbers above. Very truly yours, /s Peter M. Skinner Peter M. Skinner EFTA00081369