EFTA00066163.pdf

EXHIBIT E EFTA00066163  1 XJ49HGJS SEALED - DO NOT DOCKET 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 X 3 In Re Grand Jury Subpoena, 4 19 Misc. 149 (CM) 5 Conference x 6 New York, N.Y. 7 April 9, 2019 11:45 a.m. 8 9 Before: 10 HON. COLLEEN MCMAHON, 11 Chief District Judge 12 APPEARANCES 13 GEOFFREY S. BERMAN United States Attorney for the 14 Southern District of New York 15 Assistant United States Attorney 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. SDNY_GM_00000901 EFTA00066164  2 XJ49HGJS SEALED - DO NOT DOCKET 1 (In the robing room) 2 THE COURT: This is 19 Misc. 149, In Re Grand Jury 3 Subpoena. I've had one conference with the government in this 4 matter. You want to put your appearance on the record. 5 MR. : Yes. Good morning, your Honor. 6 for the government. 7 THE COURT: Mr. , I now know a lot more 8 about what's going on than I did the last time we were 9 together. My question is this: I'll be very up-front with 10 you. I want to make sure I'm not in a Chemical Bank kind of 11 situation, so I would like to know about contacts between the 12 United States Attorney's Office and the Boies Schiller firm 13 prior to the issuance of the subpoena on the subject of your 14 investigation. 15 MR. : Yes, your Honor. So with respect to 16 this investigation, the investigation was opened in late 17 November or early December, either on Friday, November 30, or 18 Monday, December 3. 19 THE COURT: OK. 20 MR. : In the initial days and weeks of the 21 investigation, we endeavored to identify information about the 22 subject of the investigation, including, among other things, 23 possible victims who we should speak to. In the process of 24 doing so, we identified certain counsel that were identified as 25 representing victims or witnesses either in public filings or SOUTHERN DISTRICT REPORTERS, P.C. SDNY_GM_00000902 EFTA00066165  3 XJ49HGJS SEALED - DO NOT DOCKET 1 in media reports. Boies Schiller was among those plaintiff 2 attorneys. So following the opening of the investigation, we 3 were in touch with Boies Schiller, among other plaintiff and 4 witness counsel, in connection with their representation of 5 witnesses or victims. 6 With respect to Boies Schiller in particular, we 7 quickly came to learn during the investigation that they had at 8 the time either active or recently completed civil litigation 9 and so asked them, as is our standard practice, told them, I 10 should say, that we expected to make document requests. They 11 generally advised us that they believed there was a protective 12 order that would govern at least some of the materials, and 13 that is why we ultimately made the application to the Court. 14 THE COURT: OK. That's all I needed to know. I want 15 to make two little changes in this opinion, and if you come 16 back in an hour, you'll have it. 17 MR. : OK. 18 THE COURT: All right. 19 MR. : Thank you, your Honor. 20 THE COURT: And we are granting your request. 21 MR. : Understood. Thank you, your Honor. 22 THE COURT: OK. 23 (Adjourned) 24 25 SOUTHERN DISTRICT REPORTERS, P.C. SDNY_GM_00000903 EFTA00066166