EFTA00179468 # Resource Manual No. 264 Form -- Request for Authorization To Issue A Subpoena To An Attorney for Information Relating To Representation of a Client To: From: PHONE No. FAX No. 1) Name of Attorney Witness: Brad Edwards, Esq., Law Firm of Rothstein Rosenfeldt Adler # PLEASE NOTE: THE ATTORNEY IS COOPERATING WITH THE AUTHORITIES IN INVESTIGATING A CRIME THAT DOES NOT INVOLVE A CLIENT AND HE IS WILLING TO PRODUCE THE REQUESTED ITEMS. HIS FIRM HAS REQUESTED THAT WE PROCEED VIA SUBPOENA. 2) District: Southern District of Florida 3) Date by which subpoena needed: October 30,2009 4) Nature of Subpoena:（ ）Trial （ X ）Grand Jury 5) Name of Case or Investigation: Operation Stolen Globe 6) Nature of Case: False Statements to Federal Agent, Obstruction of Justice; Misprision of a Felony (X) Criminal () Civil __ Tax __ Forfeiture ___ Other ___ 7) (a) Name of Client: (b) Status of Client: n/a () Defendant in Criminal Case () Defendant in Civil Case () Subject () Target of Grand Jury Investigation (X) Other Identified Victim of a Closed Federal Grand Jury Investigation EFTA00179469 8) Relationship of attorney witness to subjects or defendants or targets (specifically indicate whether the witness currently represents any defendants or subjects in the matter in which the subpoena is to be issued): None. Attorney approached the government because a witness who had been interviewed by the FBI in connection with the federal grand jury investigation (which is currently closed) had approached the attorney to “sell” him information related to civil suits that have arisen from the criminal activity underlying the grand jury investigation. The attorney’s client was an identified victim in the underlying criminal investigation. The attorney represents the victim in a civil suit seeking damages for sexual exploitation. She is not a subject, defendant, or target or any open investigation. And the subpoena does not seek any privileged information. 9) Information sought by the subpoena (if subpoena calls for testimony, indicate the nature of the anticipated testimony): At this time, the subpoena seeks only: 1. A copy of the deposition of the target of the investigation, Alfredo Rodriguez, and any materials that Rodriguez produced pursuant to the civil subpoena. 2. A copy of the civil subpoena duces tecum. 3. Copies of any emails between the attorney and the target. 10) Summary of case or proceeding (include a citation to the charges pending or under investigation in a criminal case): The investigation arose from the tip received from the attorney. We are arranging to make controlled calls with the target and plan to do a meeting to do an undercover “purchase” of this evidence. The target was interviewed by state law enforcement who asked him to turn over relevant documents and then was interviewed by FBI who also asked for all relevant information. The target never produced this information to law enforcement. The information also was called for by the federal civil subpoena duces tecum and was not produced. Crimes under investigation are 18 U.S.C. §§ 4, 402, 1001, 1501, and 1512. ## 11) Relevancy of the information sought to the case or proceeding: The civil subpoena duces tecum, deposition transcript, and materials produced in response to the subpoena are necessary to determine whether they contain evidence of obstruction of the federal grand jury investigation separate and apart from the evidence that he intends to 2 EFTA00179470 "sell." They also are necessary to show that the target was served with a legitimate legal command to produce the materials that he is now attempting to "sell." The e-mail between the attorney and the target are necessary to establish the initial contact and overture to "sell" the evidence to the attorney. 12) Factual statement of the need for the information to the successful completion of the case or proceeding: The requested e-mail information is necessary to show a jury how the crime first came to light, and how the target began making overtures to sell what he knew was information relevant to the criminal investigation to the person he thought could be the highest bidder. The requested deposition, documents, and subpoena are evidence of prior false statements of the target and the target's response to legal process. 13) Are there alternative sources for the information? (X) Yes (X) No There are no other sources for the emails. There are other sources for the civil subpoena, deposition, and documents produced pursuant to subpoena. 14) If there are alternative sources for the information, have attempts been made to obtain information from them: ( ) Yes, but with no success. ( ) Yes, with success. Explain below why the subpoena is necessary. (X) No. Explain below why the alternative sources have not been pursued. The other sources for the information would be other attorneys in the same set of civil lawsuits, all of which raise the same issues raised herein. Also, disclosure to them could compromise the undercover operation. It is possible that a court reporter would have a copy of the deposition transcript, but not the documents produced in response to the subpoena. It is possible that the target was provided with a copy of his deposition transcript, but providing him with a subpoena would inform him that he is the subject of an investigation and disclose the undercover operation. 3 EFTA00179471 15) Statement as to adverse impact on attorney client relationship: (a) Has the witness been asked to supply the requested information voluntarily? (X) Yes () No Explain: The attorney’s firm is concerned about liability issues and feels that the most prudent approach is to produce the documents in response to a subpoena. (b) Will witness be disqualified from representation of the client as a result of the subpoena being issued and enforced? ( ) Yes ( X) No Explain: Not applicable. The target is not the attorney's client. (c) Is witness a target or subject of any investigation or is there a basis to believe that witness will become one: ( ) Yes ( X) No If yes, Explain: ___ 16) Basis for belief that information is not privileged: The items sought do not contain any attorney-client communications. They all involve communications between the attorney and a third party (our target). 17) Requestor has considered applicable rules of professional conduct (X ) Yes () No 18) Attach copy of subpoena. Signature of United States Attorney Revised September 2007 4