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Case 1:20-cr-00330-PAE Document 702-3 Filed 07/12/22 Page 2 of 2 5. We made diligent efforts to contact Ms. Bovino and even to put her on call for the testimony. 6. Ms. Bovino has not responded to our attempts to contact her. 7. She has not appeared as commanded by the subpoena. 8. Because Ms. Bovino has refused to comply with the subpoena, it is “impracticable to secure the presence of the person by subpoena” under the statute. § 3144. 9. And because the trial is ongoing, and because Ms. Bovino is not responding to our attempts to contact her, her testimony “can[not] adequately be secured by deposition.” § 3144. 10. Accordingly, under 28 U.S.C. § 3144, this Court can order Ms. Bovino’s arrest. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Dated: December 17, 2021. New York, New York s/ Laura A. Menninger Laura A. Menninger HADDON, MORGAN AND FOREMAN, P.C. 150 East 10“ Avenue Denver, CO 80203 303.831.7364 DOJ-OGR-00011204