U.S. Department of Justice¶
United States Attorney Southern District of New York¶
The Silvio J. Mollo Building¶
One Saint Andrew’s Plaza¶
New York, New York 10007¶
June 15, 2020¶
VIA WEB PORTAL¶
Facebook, Inc.¶
Attention: Facebook Security, Law Enforcement Response Team¶
To whom it may concern:¶
Please be advised that the accompanying grand jury subpoena has been issued in connection with an official criminal investigation of a suspected felony being conducted by a federal grand jury. Pursuant to the accompanying non-disclosure order issued under 18 U.S.C. §2705(b), you are prohibited from notifying any subscriber or other third-party of the existence of this subpoena for a period of 365 days from the date of the order. If you ever plan to notify the relevant subscriber(s) of the existence of this subpoena, even after the 365-day period, please advise me before you do so, in case the investigation remains ongoing and the order needs to be renewed.¶
You are hereby directed to preserve, under the provisions of 18 U.S.C. §2703(f)(1) any and all information, including, if applicable, all emails/attachments or other content information, as well as any backup copies of such data or data designated for deletion, pertaining to the domain(s) and account(s) referenced in the accompanying subpoena, for a period of 90 days. This letter applies only retrospectively; it does not obligate you to capture and preserve new information that arises after the date of this letter.¶
Thank you for your cooperation in this matter.¶
Sincerely,¶
GEOFFREY S. BERMAN¶
United States Attorney¶
Assistant United States Attorney Southern District of New York¶
EFTA00095990¶
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶
20 MAG 6375¶
In Re Grand Jury Subpoena to Facebook, Inc., dated June 15, 2020, USAO Reference No. 2018R01618¶
§ 2705(b)¶
Non-Disclosure Order to Service Provider¶
SEALED¶
Upon the application of the United States pursuant to 18 U.S.C. § 2705(b):¶
- The Court hereby determines that there is reason to believe that notification of the existence of the attached subpoena will result in one or more of the following consequences, namely, flight from prosecution; destruction of or tampering with evidence; intimidation of potential witnesses; or otherwise seriously jeopardizing an investigation or unduly delaying a trial.
Accordingly, it is hereby ORDERED:¶
-
Facebook, Inc. (the “Service Provider”) shall not, for a period of 365 days from the date of this Order (and any extensions thereof), disclose the existence of this Order or the attached subpoena, to the listed subscriber of the accounts referenced in the subpoena, or to any other person, except that the Service Provider may disclose the attached subpoena to an attorney for the Service Provider for the purpose of receiving legal advice.
-
This Order and the Application upon which it was granted are to be filed under seal until otherwise ordered by the Court, except that the Government may without further order provide copies of the Application and Order as need be to personnel assisting the Government in the investigation and prosecution of this matter, and disclose these materials as necessary to comply with discovery and disclosure obligations in any prosecutions related to this matter.
Dated:¶
New York, New York¶
June 16, 2020¶
JAMES L. COTT¶
United States Magistrate Judge¶
EFTA00095991¶
Grand Jury Subpoena¶
United States District Court¶
SOUTHERN DISTRICT OF NEW YORK¶
TO: Facebook, Inc.¶
Attention: Facebook Security, Law Enforcement Response Team¶
GREETINGS:¶
WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and attend before the GRAND JURY of the people of the United States for the Southern District of New York, at the United States Courthouse, 40 Foley Square, Room 220, in the Borough of Manhattan, City of New York, New York, in the Southern District of New York, at the following date, time and place:¶
Appearance Date: July 6, 2020¶
Appearance Time: 10:00 a.m.¶
to testify and give evidence in regard to alleged violations of :¶
18 U.S.C. §§ 1591, 371, 2422, 2423¶
and not to depart the Grand Jury without leave thereof, or of the United States Attorney, and that you bring with you and produce at the above time and place the following:¶
See Attached Rider¶
SEE ATTACHED RIDER. Personal appearance is not required if the requested records are (1) produced by on or before the return date to Special Agent at: Federal Bureau of Investigation, 26 Federal Plaza, VCAC/Human Trafficking, New York, NY 10278, telephone:¶
Declaration of Custodian of Records. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE.¶
Failure to attend and produce any items hereby demanded will constitute contempt of court and will subject you to civil sanctions and criminal penalties, in addition to other penalties of the Law.¶
DATED: New York, New York June 15, 2020¶
GEOFFREY S. BERMAN¶
United States Attorney for the Southern District of New York¶
Assistant United States Attorney¶
rev. 02.01.12¶
EFTA00095992¶
RIDER¶
(Grand Jury Subpoena to Facebook, Inc., dated June 15, 2020)¶
Please provide all records for any Instragram accounts registered to or associated with the following identifiers:¶
-
Phone number:
-
Possible account name: ghislainemaxwell6
All records should include, but are not limited to, the following:¶
- All subscriber identifying information, including, but not limited to:
a. name¶
b. username or other subscriber identity or number¶
c. address¶
d. primary and alternate telephone numbers¶
e. primary and alternate email addresses¶
f. date of birth¶
g. social security number¶
h. any temporarily assigned network address¶
i. MAC address¶
j. Browser and operating system information¶
-
Records of session times and durations and any IP addresses used by the subscriber at the beginning, end, and at any time during these sessions;
-
Length of service (including start date) and types of service utilized.
N. B.: Personal appearance is not required if the requested records are (1) produced by on or before the return date to Special Agent at: Federal Bureau of Investigation, 26 Federal Plaza, VCAC/Human Trafficking, New York, NY 10278, telephone: ; and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE.¶
EFTA00095993¶
Declaration of Custodian of Records¶
Pursuant to 28 U.S.C. § 1746, I, the undersigned, hereby declare:¶
My name is ___.¶
(name of declarant)¶
I am a United States citizen and I am over eighteen years of age. I am the custodian of records of the business named below, or I am otherwise qualified as a result of my position with the business named below to make this declaration.¶
I am in receipt of a Grand Jury Subpoena, dated June 15, 2020, and signed by Assistant United States Attorney , requesting specified records of the business named below. Pursuant to Rules 902(11) and 803(6) of the Federal Rules of Evidence, I hereby certify that the records provided herewith and in response to the Subpoena:¶
(1) were made at or near the time of the occurrence of the matters set forth in the records, by, or from information transmitted by, a person with knowledge of those matters;¶
(2) were kept in the course of regularly conducted business activity; and¶
(3) were made by the regularly conducted business activity as a regular practice.¶
I declare under penalty of perjury that the foregoing is true and correct.¶
Executed on ___.¶
[date]¶
(signature of declarant)¶
(name and title of declarant)¶
(name of business)¶
(business address)¶
Definitions of terms used above:¶
As defined in Fed. R. Evid. 803(6), “record” includes a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses. The term, “business” as used in Fed. R. Evid. 803(6) and the above declaration includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.¶
EFTA00095994¶