EFTA00191387





<table><thead><tr><th>To:</th><th colspan="2">BigJimLaw@aol.com[BigJimLaw@aol.com];</th></tr></thead><tbody><tr><td>Subject:</td><td colspan="2">RE:</td></tr><tr><td>Sent:</td><td colspan="2">Tue 10/24/2006 5:51:08 PM</td></tr><tr><td>From:</td><td colspan="2">Villafana, Ann Marie C. (USAFLS)</td></tr></tbody></table>

Hi Jim -- Thank you for the e-mail, and I will even forgive the football reference. I was just set for trial, so the earliest I will be able to reschedule the testimony will be after Thanksgiving. I will give you a call to discuss the immunity issue but I am concerned about other things we have talked about -- if Ms. is given immunity, will she be forthcoming and answer the questions? Or am I going to jump through hoops to get her immunity and then have to worry about filing motions to compel, motions for orders to show cause why she shouldn't be held in contempt, etc., etc.?

As always, thank you for your assistance.

Regards,

Marie

A. Marie Villafaña

Assistant U.S. Attorney

561 209-1047

Fax 561 820-8777

ann.marie.c.villafana@usdoj.gov

<table><tr><td>From:</td><td>BigJimLaw@aol.com</td><td>[mailto:BigJimLaw@aol.com]</td></tr><tr><td>Sent:</td><td>Tuesday, October 24, 2006</td><td>12:00 PM</td></tr><tr><td>To:</td><td>Villafana, Ann Marie C.</td><td>(USAFLS)</td></tr><tr><td>Subject:</td><td colspan="2">Re:</td></tr></table>

Sorry I did not get back to you sooner. I have been out of town for several weeks. As to Miss, she still does not wish to testify in this case and has a Fifth Amendment basis for her position. She wishes not to accept the "proffer letter" cover of immunity, which again is her right. I think it is a waste of time to have her appear Friday to just take the Fifth. I suggest that you huddle with your people. (It is football season). If you want to push the issue you will have to get formal immunity. I will accept service now and in the future for you so you don't have to chase down. Jim Eisenberg



08-80736-CV-MARRA


P-013875