United States District Court

United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records Hyperion Air, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Tues./No. OLY-46 SUBPOENA FOR: n PERSON DOCUMENTS OR OBJECT'S] 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: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 1/1/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance with this sub oena and confirm the date and time , and location of your appearance with Special Agent 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. CLERK (DY) DEPUTY CLERK DATE: April 24, 2007 This subpoena is issued upon application 0 • If not appl tcablc. enter "none." Name. Address and Phone Number of Assistant U.S. Attorney Assistant U.S. Attorney West Palm Beach FL 33401-6235 Tel: Fax To to used at beg of A0110 FORM ORD-227 JAN.86 EFTA00223873 U.S. Department of Justice United States Attorney Southern District of Florida Wear Palm Beach, FL 33401.6135 (5611820-8711 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through the declaration of a custodian, if they are provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand jury/trial at the time and place specified by completely filling out the attached Ce and Inventory and immediately returning it with the records to Special Agent , FBI at the following address: eral Bureau of Investi ati West Palm Beach, Florida 33401-5923 EARLY VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to May 8. 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY EFTA00223874 CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with in the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. 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; 2. kept in the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct. Date of execution: Place of execution: Signature: EFTA00223875 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: EFTA00223876