sp 98/16/2007_17:05 FAX 5618021787 USAO WPB FL ooz
U.S. Department of Justice
United States Attorney Southern District of Florida
500 South Austrakon Ave., Suite 400 * West Palm Beach, FL 33401
(561) 820-8711 .
Facsimile: (561) 820-8777
August 16, 2007
VIA FACSIMILE
Gerald Lefcourt, Esq.
Gerald P. Lefcourt, P.C.
148 Bast 78th Street
New York, NY 10021
Re: Subpoena to Custodian of Records. ‘Dear Mr. Lefcourt: , < I write in response to your letter of July 18, 2007 regarding the grand jury subpoena issued SF to the Custodian of Records for NES, LLC. Ihave attached an identical subpoena containing aretum’
date of September 11, 2007, and subpoenas for two NES employees, Eric Gany and Harry Beller. if you will not be representing Messrs. Gany and Beller, please let me know.
First, as [mentioned in my earlier correspondence, a properly executed declaration from the Custodian of Records is needed, and, ifno documents responsive to a particular request exist, the Custodian should certify that under penalty of perjury.
Second, you write that NES has no documents responsive to Requests 1 through 5. I know fg that NES has several credit card accounts for the benefit of the persons who manage Mr. Epstcin’s Dy properties, inchiding Janusz Banasiak and Alfredo Rodriguez. I also know that NES regularly ee receives money from an account that is used to pay expenses at 358 El Brillo Way and also wires money to that same account. Those. wire transfers fall within the time period called for by the subpoena and number in the hundreds of thousands of dollars. If NES does not maintain records of its banking activities, then I would like to see a copy of its document retention policy, so I have added that to the Attachment to the Subpoena. ;
Third, Mt. Menchel’s comment to you about potential money laundering charges related only to aresolution of the case. In other words, if the sex offense case is resolved, the Office would close its investigation into other areas as well. The matter has not been, and it does not appear that it will be, resolved so the money laundering investigation continues, and Request Number 6 will not be withdrawn. The request is not overbroad and is stated with particularity, so please comply with the fo ’ request by the new deadline. owe F
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