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Law Offices of

SALNICK, FUCHS & BERTISCH, P.A.

Michael Salnick*

Jack K. Fuchs

Flynn P. Bertisch



* Board Certified Criminal Trial Lawyer

* Member of Colorado, District of Columbia and New York Bars



Jennifer L. Shand

Certified Legal Assistant



MEMO



DATE: JANUARY 19, 2007

FROM: MICHAEL SALNICK

TO: – Assistant United States Attorney

RE: Our Client: Janusz Banasiak

Thank you for speaking with me this afternoon regarding this matter. I know that during our phone conversation you indicated that my client is not a target. In the spirit of being thorough, I want to confirm that he is a witness and nothing else.

When we got off the phone, I began to feel somewhat uneasy with the standard immunity letter. That is in no way a reflection on you, but more my discomfort with what protection that would really provide him. I would please request that you reconsider and offer my client a formal grant of immunity. I realize that requires a procedure within your office, but that would make the situation more comfortable. If this occurs, my client would certainly tell the truth to the extent of his knowledge.

Please give this some thought so that we can discuss this next week. Have a nice weekend.



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U.S. Department of Justice

United States Attorney

Southern District of Florida



500 South Australian Ave., Suite 400

West Palm Beach, FL 33401

(561) 820-8711

Facsimile: (561) 820-8777



January 23, 2007





Re: Federal Grand Jury Subpoena

Dear Michael:

I am in receipt of your letter regarding Janusz Banasiak. As I mentioned earlier, Mr. Banasiak is not a target of the grand jury investigation and he has been subpoenaed solely as a witness. During our last conversation, you stated that Mr. Banasiak would be willing to speak with investigators pursuant to a Kastigar letter. Please let me know if that is the case and, if so, when you and Mr. Banasiak are available.

My office would rightly question why I would ask for immunity for a person who I feel faces no criminal exposure, so, if that remains your position, I would like to discuss the matter further.

I look forward to your response.



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