US Attorney letter to a bank on certifying subpoenaed records, July 2016

U.S. Department of Justice¶

United States Attorney Southern District of Florida¶

July 5, 2016¶

WELLS FARGO WACHOVIA¶

Subpoena Compliance¶

1201 Hays Street¶

Tallahassee, FL¶

RE: Trial Subpoena for Case No. 15-80222-CR-MARRA(s) Certification of Subpoenaed Records¶

Dear Sir or Madam:¶

As you are aware, quite often, production of records by a records custodian of a corporation or bank is frequently followed by the necessity of having that or another designated records custodian testify at a jury trial some time later. This was necessary in order to lawfully enter the subpoenaed documents into evidence.¶

Recent changes in federal evidence law now permit us to obtain “certifications” such as the one attached hereto, in place of live testimony. When permitted by the court, these “certifications” could obviate the need for a witness at a trial.¶

With that in mind, please complete the “Certification of Domestic Records of Regularly Conducted Activity” attached and include it in your subpoena response. Should you have any questions regarding the form or anything else regarding the subpoena, please feel free to contact the agent at the number indicated in the subpoena, or if you prefer, contact me directly.¶

Sincerely,¶

WIFREDO A. FERRER¶

UNITED STATES ATTORNEY¶

By:¶

Assistant United States Attorney¶

500 South Australian Avenue,¶

Suite 400¶

West Palm Beach, Florida 33401¶

Office¶

Fax:¶

EFTA00184173¶

CERTIFICATION OF DOMESTIC RECORDS OF REGULARLY CONDUCTED ACTIVITY¶

Pursuant to Fed. R. Evidence 902(11)¶

The undersigned declarant hereby declares, certifies, verifies or states the following:¶

1. This certification concerns the regularly conducted business activity of the business named below.

2. The declarant is a records custodian or other qualified person who can provide a written declaration regarding the records of the regularly conducted business activity which are the subject of this certification.

3. The records of regularly conducted business activity (hereinafter “records”) which are the subject of this certification accompany or are attached to this certification.

4. The records are originals or duplicate copies of domestic (United States) business records;

5. The records were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;

6. The records were kept in the course of a regularly conducted business activity; and

7. The records were made by the business activity as a regular practice.

I hereby declare, certify, verify or state, under penalty of perjury, that the foregoing is true and correct.¶

Signature

Name

Title

Name and address of business

Date of Declaration/Execution

Date of Declaration/Execution¶