SDNY grand jury subpoena to Sprint Corp. for phone records, April 2020

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¶

April 23, 2020¶

VIA EMAIL¶

Sprint Corp.¶

Manager, Subpoena Compliance¶

6480 Sprint Parkway¶

Overland Park, KS 66251¶

Email: [blank]¶

Re: Grand Jury Subpoena¶

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. The Government hereby requests that you voluntarily refrain from disclosing the existence of the subpoena to any third party. While you are under no obligation to comply with our request, we are requesting you not to make any disclosure in order to preserve the confidentiality of the investigation and because disclosure of the existence of this investigation might interfere with and impede the investigation.¶

Moreover, if you intend to disclose the existence of this subpoena to a third party, please let me know before making any such disclosure.¶

Thank you for your cooperation in this matter.¶

Sincerely,¶

GEOFFREY S. BERMAN¶

United States Attorney¶

EFTA00172175¶

Grand Jury Subpoena¶

United States District Court¶

SOUTHERN DISTRICT OF NEW YORK¶

TO: Sprint Corp.¶

Manager, Subpoena Compliance¶

6480 Sprint Parkway¶

Overland Park, KS 66251¶

Email:¶

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, 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: May 7, 2020¶

Appearance Time: 10:00 a.m.¶

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

21 U.S.C. § 846; 18 U.S.C. §§ 1791, 1956¶

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¶

N. B.: Personal appearance is not required if the requested documents are: (1) produced on or before the return date to Paralegal U.S. Attorney’s Office for the Southern District of New York, New York, NY 10007; and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records.¶

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 April 23, 2020¶

Geoffrey S. Berman/ARF¶

GEOFFREY S. BERMAN¶

United States Attorney for the Southern District of New York¶

Assistant United States Attorney¶

New York, New York 10007¶

rev. 02.01.12¶

EFTA00172176¶

RIDER¶

Grand Jury Subpoena to Sprint Corp. dated April 23, 2020 Reference # 2019R01446¶

In accordance with the preceding subpoena, please provide the following information related to the telephone number for the time period of January 1, 2019, through the present:¶

1. 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¶

g. social security number¶

f. date of birth¶

h. any temporarily assigned network address¶

i. MAC address¶

j. Browser and operating system information¶

k. Associated device make, model, and identifier (e.g., ESN, IMEI, MEID), including any changes in associated device make, model, and identifier¶

2. All billing identifying information, including, but not limited to, name(s) and address(es), if different from subscriber identifying information, past and present means and source of payment (including any credit card or bank account number), and any other accounts held by the individuals associated to the related accounts;

3. Length of service (including initial date service was established) and types of service(s) utilized;

4. Call detail records, including but not limited to local and long distance and toll records;

5. Text message detail information, including but not limited to incoming and outgoing toll records;

6. Account notes and logs, including any customer-service communications or other correspondence with the subscriber;

7. Investigative files or user complaints concerning the subscriber; and

8. The subscriber’s records of session times and durations, any IP address(es) used by the subscriber at any time during such sessions (e.g., login/logout address(es)), and any URLs of websites accessed by the subscriber during such sessions.

N. B.: Personal appearance is not required if the requested records are (1) produced by on or before the return date to Paralegal Specialist, Southern District of New York, at: New York, NY 10007, telephone: or via email at ; and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE.¶

IMPORTANT: NON-DISCLOSURE REQUEST¶

Due to the ongoing nature of the investigation, it is requested that you do not disclose any information relating to this Grand Jury subpoena request to any third party.¶

EFTA00172177¶

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 April 23, 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.¶

EFTA00172178¶