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

January 16, 2019



BY E-MAIL




Iterative Capital / Iterative OTC LLC

c/o Robert H. Hotz Jr., Esq.

Akin Gump LLP



Dear Mr. Hotz:

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 28 U.S.C. §1651, you are prohibited from notifying anyone of the existence of this subpoena for a period of one year from the date of the order. If you ever plan to notify anyone of this subpoena, even after the one-year period, please advise me before you do so, in case the investigation remains ongoing and the order needs to be renewed.

Thank you for your cooperation in this matter.

Very truly yours,

GEOFFREY S. BERMAN

United States Attorney



EFTA00102639

Grand Jury Subpoena

# United States District Court
SOUTHERN DISTRICT OF NEW YORK

TO:

ITerative Capital / Iterative OTC LLC

c/o Robert H. Hotz Jr., Esq.

Akin Gump LLP

## 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, 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: January 30, 2019

Appearance Time: 10:00 am

Appearance Place: United States Courthouse, 40 Foley Square, Room 220

to testify and give evidence in regard to an alleged violation of:

18 U.S.C. §§ 1343 and 1349

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

Personal appearance is not required if the requested records are produced on or before the return date to Assistant U.S. Attorney, One St. Andrew’s Plaza, New York, New York 10007.

PLEASE PROVIDE IN ELECTRONIC FORMAT IF

## POSSIBLE AND VIA EMAIL.

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 January 16, 2019

GEOFFREY S. BERMAN

United States Attorney for the Southern District of New York

Assistant United States Attorney

One St. Andrew’s Plaza

New York, New York 10007