EFTA00220929.pdf

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: September 14, 2006 DELIVERY BY ELECTRONIC MAIL James L. Eisenbere. Es Re: Federal Grand Jury Subpoena Dear Jim: I write to follow up on our discussions regarding the grand jury subpoena for your client,M MI If Ms. would prefer to proceed before the grand jury, I would like to schedule her testimony for September 22 or 29, 2006. Lay witness testimony normally is taken in the afternoon, but the grand jury coordinator will set the time a day or two prior to the grand jury session. During our last conversation, you mentioned that Ms. may want to be debriefed rather than appear before the grand jury. In that vein, I have enclosed a Kastigar letter for your review. If we proceed in that fashion and Ms. gives full and complete answers to the questions asked, then we can determine whether to withdraw the grand jury subpoena. I also have to apologize, yet again, for the grand jury mixup on September 1st. Special Agent reminded me that we did find out about the cancellation during the afternoon of August 31st, and I had asked Special Agent to try to reach Ms. via one of the cell phone numbers that we had for her, but none of the numbers was current. So, all of this could have been avoided if I had checked my voicemail Thursday afternoon, and I really do apologize. Please let me know how Ms. would like to proceed and when you are available to meet. We will, of course, accommodate your schedules. Sincerely, R. Alexander Acosta United States Attorney By: /s/ Assistant United States Attorney EFTA00220929