EFTA00317423.pdf

0.8/16/2097 17:05 FAX 5618021787 USAO WP8 FL @)002 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave-, Suite 400 Wert Palm Beach, FL 33401 Facsimile: August 16, 2007 n5, 4FACSINIILE Gerald Lefcourt, Esq. . Lefco P.C. Re: Subpoena to Custodian of Records, NES, LLC Dear Mr. Lefcourt: I write in response to your letter of July 18, 2007 regarding the grand jury subpoena issued to the Custodian ofRecords for NES, I Jr. I have attached an identical subpoena containing a return date of September 11, 2007, and subpoenas for two NES employees, Eric Gany and Harry Beller. If you will not be representing Messrs. Gany and Beller, please let me know. First, as I mentioned in my earlier correspondence, a properly executed declaration from the Custodian of Records is needed, and, if no documents responsive to a particular request exist, the Custodian should certify that under penalty of perjury. Second, you write that NES has no documents responsive to Requests 1 through 5. I know that NES has several credit card accounts for the benefit of the persons who manage Mr. Epstein's properties, including Janusz Banasiak and Alfredo Rodriguez. I also krtow that NES regularly receives money from an account that is used to pay expenses at 358 El Grillo Way and also wires money to that same account. Those wire transfers fall within the time period called for by the subpoena and number in the hundreds of thousands of dollars. TINES does not maintain records of its banking activities, then I would like to see a copy of its document retention policy, so I have added that to the Attachment to the Subpoena. Third, Mr. Menchel's comment to you about potential money laundering charges related only to aresolution of the case. In other words, if the sex offense case is resolved, the Office would close its investigation into other areas as well The matter has not bean, and it does not appear that it will be, resolved so the money laundering investigation continues, and Request Number 6 will not be withdrawn. The request is not overbroad and is stated with particularity, so please comply with the request by the new deadline. i' EFTA00317423  08/16/2007 17:065AX 5618021787 MAO WPB FL 003 GERALD LE:ECM/AT, ESQ. AUGUST 16, 2007 PAGE 2 OF 2 With respect to paragraph 7, the incarnation provided regarding the pilots came from the corporate records of Hyperion and JEGE, Inc., not NES. However, I have provided a shorter list in the new subpoena attachment I also have enclosed another certification for the Custodian of Records' signature. Thank you again for your assistance. Sincerely, R. Alexander Acosta By: Assistant nited States Attorney cc cc: FBI (with enclosures) EFTA00317424 0.8/16/2007 17:06 FAX 5618021787 U$A0 WPB FL gins United States District Court SQUITEERNDISTRICT OF FLORIDA TO: Custodian of Records SUBPOENA TO TESTIFY NES, LLC BEFORE GRAND JURY 07-103(WPB)/No. GLY45/2 SUBPOENA FOR: n PERSON DOCUMENTS OR OBJECT[S) a YOUARE HEREBY COMMANDED to appear andtestifybefore tbeGrandImy oftheUnitedStates District Court at the place, date and time specified below. Plata, ROOM:. Grand Jury Room United States District Courthouse 701 Clematis Street West Pahn Beath, Florida 33401 DATE AND TAE: September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the &lowing doctanent(s) or object(s): THE DOCUMENTS AND OBJECTS LISTED ON ATTACHMENT A. *Pleat coordinate your corn fiance with this subpoena and confirm the date, time, and location or appearance with S/A Federal Bureau of Investigation, Telephone: This subpoena shall remain in effect until you are granted lean to depart by the court or by an officer acting on behalf of the court. - C1ERIC DARE: August 16, 2007 This subpoena is issued upon application and Phone Number of Assistant U.S. Attorney Assistant US. Attorney 500 So. Australian Avenue, Spite 400 33401-6235 Trt Fax: FORM ORD-227 it not applicable, cant lam' to lc wait a(A0110 .IAN86 EFTA00317425 08/16/2007 17:08 FAX 5618021787 USAO 16PB FL 005 ATTACHMENT TO SUBPOENA OLY-65/2 NES, LLC For the period of January 1, 2003 to the present, all calendars, agendas, daily diaries, or other records of a * s and the lilm, kept by or on b e ey Epstein, , Lesley Groff, and/or . This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, database server, cellular telephone, "Blackberry" unit, personal digital assistant ("PDA") or other handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. 2. For the period of January 1, 2003 to the present, all address books, contact lists, or other records of names, telephone nun • - it addresses kept b or o a effrey Epstein, , Lesley Groff ancVo This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, database server, cellular telephone, "Blackberry" unit, personal digital assistant ("PDA") or other handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. 3. For the period of January 1, 2003 to the present, all c-mails, instant messages, text messages, mee • r electronic commrmi ent by JefEre E tein, to Jeffrey Epstein, , Lesley Groff, and/or This request includes information that is kept in physical "hard copy" and/or electronic form, whether stored on a personal computer, database server, cellular telephone, "Blackberry" unit, personal digital assistant ("PDA") or other handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. 4. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account used for the maintenance of the property located at 358 El Brillo Way, Palm Beach, Florida, or for the payment of any person working at 358 El Brillo Way, Palm Beach, Florida. Page 1 of 2 EFTA00317426  68/16/2007 17: 07 FAX 5618021787 USA° WFB FL 'Boos 5. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account on which Janusz Banasiak and/or Alfredo Rodriguez had or has check-writing authority and/or access to via debit/ATM card. ' • 6. For the period of January 1, 2003 to the present, all documents and information . referring or relating to the transfer of fund to or from any account owned by NES, LLC to or from any account owned by JEGE, Inc., Jeffrey E. Epstein, Hyperion Air, Inc., Financial Trust Co., New York Strategy Group, Inc., J. Epstein Virgin Islands Foundations, Inc., and/or Epstein Interests. 7. For the period of January 1, 2003 to the present, the names of all employees and all corporate directors, board members, and shareholders. 8. For the period of January 1, 2003 to the sen co ies of all W-2s and/or 1099s for the folioine persons: ?effrev ein, Lesley GrofL , Janusz Banasiak, Alfredo Rodriguez, Harry CC , and Eric T. Gany. Any and all document retention and/or destruction policies. 9. Page 2 of 2 L EFTA00317427  08/1_6//007 17:07 FAX 5618021787 USAO WPB FL fM007 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IN RE FEDERAL GRAND JURY SUBPOENA OLY-65/2 ADDRESSED TO NES, LJc CERTIFICATION REGARDING DOMESTIC RECORDS °MGM, A L'I/Sc3NKU_CTED ACTIVITY I, the undersigned, , declare that I am emp loyed by NES, LLC in the position of and, by reason of myposition, am authorized and qualified to make this declaration. 1. In my employment with NES, LLC, I am familiar with the business records it Cc maintains. 2. I certify that the records attached to this certification: (a) were made at or near the time of the occurrence of the matters set forth therein, by or from information transmitted by, a person with knowledge of those matters; (b) were kept in the course of regularly conducted business activity, and (c) were made by the regularly conducted activity as a regular practice. 2. Among the records so maintained arc the attached records itemized in Appendix A (Document Inventory). 3. I further certify that the documents attached hereto arc responsive to Grand Surf Subpoena 65/2 served upon NES, LLC. Page 1 of 2 EFTA00317428 08/16/2007 17:07 FAX 5618021787 USAO RFD FL Ooos 4. I furthercertifythatNES, LLC has no documents responsive to requestnumber(s) intimadJurySubpoemanutuber6512.[Fillinorstikeoutasap*opniatej Pursuant to 28 § 1746, I declare under penalty of perjury that the foregoing informaahonis true and correct Executed this day of 2001. Place ofteetelletoW Signature Par 2-of -2 EFTA00317429  08/ 16/2007 17:07 FAX 6618021787. USA() WPB FL 009 (C74 United States District Court SOUTTIERN DISTRICT OF FLORIDA TO: BARRY BELLER SUBPOENA TO TESTIFY NES, LLC BEFORE GRAND JURY FGT 07-103(WPB)/No. OLY-75 SUBPOENA FOR: Fic PERSON DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appearandtestifybefore the Grand Juryof the United States District • • Court at the place, date and time specified below. • PLACE: ROOM United States District Courthouse Grand Jury Room 701 Clematis Street West Palm Beach, Florida 33401 DATE AND TIME: September 11, 2007 1:00 pm` YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): *Please coordinate your cow fiance with this subpoena and confirm the date, time, and location of our appall-acme with SIA Federal Bureau of Investigation, Telephone; This subpoena shall 'main in effect unni you am granted leave to depart by the court or by an officer acting on behalf of the court. DATE: August 16, 2007- This subpoena is issued upon application N Address and Phone Number of AssistantUS. Attorney of the United States of Amaica Assistant US. Attorney venue, Suite 400 Wen Path FL 33401-6235 Tel: Fsx; if co( applicable, enter Thom' tamt.41•GastA01)0 FORM Olt0427 JANI6 EFTA00317430 08/10/2007 17:07 'Fa 5618021787 USA° KPH FL (Bolo United States District Court SOUTHERN DISTRICT OF FLORIDA TO: ERIC OANY SUBPOENA TO TESTIFY NES, LLC BEFORE GRAND JURY F61 07-103(WPB)/No. OLY-76 SUBPOENA FOR: PERSON ❑ DOCUMENTS OR OBJECTS) YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date and time specified below. PLACE: sltoeSit United States District Courthouse grad Jury Room . 701 Clematis Street West Palm 'Scab, Florida 33401 DATE AND September 11, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): *Please coordinate " subpoena and confirm the date, time, and appearance with S/A Federal Bureau of Investigation, Telephone: This subpoena shall remain in effect tmtil you are granted leave to depart by the court or by m officer acting on behalf of the court Iliks ~is issued upon application to Number of Assistant U.S. Attorney AmirtmtU.S. Attorney 500 So. Australia Avenue, Suitt 400 1-1D35 Tek Fax: groat groplieobto.ancegtate.• feksilkkadMilft FORM ORD-227 JAN.46 EFTA00317431 0$/16/2007 17:0S FAX 1618021787 USAO WPB FL U.S. Department of Justice United States Attorney Southern District ofFlorida 300 S Australian Ave, 41h Floor ..F7orlda 33401 iacsunA FACSIMILE COVER SHEET TO: Gerald Le:court, Esq. DATE: Annul 15 2007 FAX NO. # OF PAGES: /0 PHONE NO. RE: NESALC FROM: Assistant U.S. Attorney PHONE NO. COMMENTS: I EFTA00317432