EFTA00187009

EFTA00187009 Uh States District court SOUTHERN DISTRICT OF FLORIDA TO: ERIC GAMY NES, LLC SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)/No. OLY-76 SUBPOENA FOR: PERSON ri 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: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: September I I, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance with Federal Bureau of Investigation, Telephone: This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. DATE: August 16, 2007 • (BY) DEPUTY CLERIC This subpoena is issued upon application of the United States of America - •If nut applicably, cow "norm" Name, Address and Phone Number of Assistant U.S. Attorney lisssistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel Fa To tc I mi in lieu of A0110 FORM OFtD-227 JAN.86 EFTA00187010 TRANSMISSION OK ********sm4sststast sta TX REPORT *** s********Imss ******** TX/RX NO 0344 CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME 08/16 17:05 USAGE T 02'43 PGS. SENT 10 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Filloraga 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 FACSEVECLE COVER SHEET TO: Gerald Lefcourt, ESQ. DATE: August 1C 2007 FAX NO. # OF PAGES: 10 PHONE NO. RE: NES, LLC FROM: atssistant U.S. Attorney PHONE NO. COMMENTS: EFTA00187011 U.S. Departme-• of Justice United States Attorney Southern District of Florida A. Marie Villafaiia 500S. Australian Ave, 4th Floor 01 FACSIMILE COVER SHEET TO: Gerald Lefcourt, Esa. DATE: August 16.2007 FAX NO. # OF PAGES: PHONE NO. RE: NES, LLC FROM: PHONE NO. COMMENTS: EFTA00187012 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 VIA FACSIMILE Gerald Lefcourt, Esq. Gerald P. Lefcourt, P.C. 148 East 78th Street New York, NY 10021 August 16, 2007 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 of Records for NES, LW. 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 know that NES regularly receives money from an account that is used to pay expenses at 358 El Brillo 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. If NES 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 a resolution 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 been, 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. EFTA00187013 GERALD LEFCOURT, ESQ. AUGUST 16, 2007 PAGE 2 OF 2 With respect to paragraph 7, the information 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 United States Attorney cc: By: Assistant United States Attorney FBI (with enclosures) EFTA00187014