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Case 1:20-cr-00330-PAE Document190_ Filed 03/29/21 Page2of3 Honorable Alison J. Nathan March 29, 2021 Page 2 District of Florida during the course of the Florida Investigation. As a result of that review, the Government has learned that agents assigned to the FBI New York Office assisted the FBI Florida Office by contacting and interviewing or attempting to interview, at the direction of the FBI Florida Office, four witnesses in the New York area between approximately 2007 and 2008 during the Florida Investigation. These interviews, as noted, were done at the direction of the FBI Florida Office—no separate New York FBI investigation was opened at that time—and consistent with that, any notes or FBI 302s documenting the interviews were then kept in the FBI Florida Office file. The Government is not aware of any indication that the FBI New York Office had any involvement in presenting the Florida case to a grand jury, developing prosecutorial strategy, attending court proceedings, or making any charging decisions in the case. The Government understands that it is not uncommon for an FBI Field Office to provide this sort of ancillary support without becoming a part of the prosecution team. Indeed, it appears from the FBI Florida Office’s file that the FBI Florida Office contacted numerous other FBI offices, including offices in New Mexico, Australia, and Colombia, to seek similar assistance. Those other FBI offices similarly had no apparent involvement in the case beyond assisting in contacting and interviewing witnesses in their regions. Providing such ancillary assistance does not convert an FBI field office into a member of a prosecution team. See, e.g., United States v. Collins, 409 F. Supp. 3d 228, 241-43 (S.D.N.Y. 2019) (no joint investigation between U.S. Attorney’s Office and SEC where the two entities conducted a small number of joint interviews and engaged in limited sharing of information with each other). Regardless, the Government has identified and produced additional materials to the defense reflecting interactions between the FBI New York Office and the FBI Florida Office during the Florida Investigation. Although the Government does not believe that these materials are DOJ-OGR-00002875