EFTA00084140.pdf

U.S. Department ofJustice United States Attorney Southern District of New York The Silvio J. Mono Building One Saint Andrew's Plaza Neu• York. Neu• York 10007 October 22, 2019 VIA EMAIL T-Mobile USA, Inc. Law Enforcement Relations 4 Sylvan Way Parsi an , NJ 07504 Re: Grand Jury Subpoena Please be advised that the accompanying grand jury subpoena has been issued in connection with an official criminal investigation of a suspected felony being conducted by a federal grand July. The Government hereby requests that you voluntarily refrain from disclosing the existence of the subpoena to any third party. While you are under no obligation to comply with our request, we are requesting you not to make any disclosure in order to preserve the confidentiality of the investigation and because disclosure of the existence of this investigation might interfere with and impede the investigation. If you intend to disclose the existence of this Grand Jury Subpoena request to a third party, please let me know before making any such disclosure. Thank you for your cooperation in this matter. By: Very truly yours, GE a FFREY S. BERMAN Un. ed States Attorne Assistant United States Attorney Southern District of New York EFTA00084140 Grand Jury Subpoena Anitebr atutvz Piztrirt (Erfurt SOUTHERN DISTRICT OF NEW YORK TO: T-Mobile USA, Inc. Law Enforcement Relations 4 Sylvan Way Parsippany, NJ 07504 GREETINGS: WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and attend before the GRAND JURY of the people of the United States for the Southern District of New York, at the United States Courthouse, 500 Pearl Street, Room 480 (via North elevators), in the Borough of Manhattan, City of New York, New York, in the Southern District of New York, at the following date, time and place: Appearance Date: November 5, 2019 Appearance Time: 10 a.m. to testify and give evidence in regard to alleged violations of federal criminal law, including: 18 U.S.C. § 1519, 371 and not to depart the Grand Jury without leave thereof, or of the United States Attorney, and that you bring with you and produce at the above time and place the following: SEE ATTACHED RIDER. Personal appearance is not re uired if the requested records are (1) produced by on or before the return date to Special Agent at: Federal Bureau of Investigation, 26 Federal Plaza, VCAC/Human Trafficking, New York, NY 10278, telephone: or via email at ; and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE. Failure to attend and produce any items hereby demanded will constitute contempt of court and will subject you to civil sanctions and criminal penalties, in addition to other penalties of the Law. DATED: New York, New York October 22, 2019 csr., 4x. GE FFREY S. BERMAN Un ted States Attorney for the So them District of New York Assistant United States Attorney One St. Andrew's Plaza New York. New York 10007 .hormimmim EFTA00084141 RIDER (Grand Jury Subpoena to T-Mobile, dated October 22, 2019) Please provide any and all records (including, but not limited to, incoming and outgoing calls with any call details, local and long distance usage details, all subscriber opening and/or registration documents, all subscriber identification and contact information, all subscriber billing and payment information, SMS/text messaging records, IP history and login records, associated email addresses and/or screen names, and any additional accounts associated with any of the below-listed names, identifiers, addresses, phone numbers, and accounts listed and associated records for those accounts) relating to the following telephone numbers, as listed below, for the time period of January 1, 2018, through the date of service: • Also, for the time period detailed above, provide the phone number(s) and subscriber information for any other calls or accounts involving the same Electronic Serial Number ("ESN"), International Mobile Equipment Identity ("IMEI"), and/or International Mobile Subscriber Identity ("IMSI"), but associated with a telephone not on the above list. Provide the phone number(s) and subscriber information for any other phone number(s) listed to the same account as the above listed number(s) and for any other accounts billed to any subscriber at the same address as the listed number(s). N.B.: Personal appearance is not required if the re uested records are (1) produced by on or before the return date to Special Agent at: Federal Bureau of Invesfi at , 26 Federal Plaza, VCAC/Human Trafficking, New York, NY 10278, telephone: M , or via email at ; and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE. IMPORTANT: REQUEST FOR NON-DISCLOSURE Due to the ongoing nature of the investigation, it is requested that you do not disclose any information relating to this Grand Jury subpoena request to any third party. 3 EFTA00084142 Declaration of Custodian of Records Pursuant to 28 U.S.C. § 1746, I, the undersigned, hereby declare: My name is (name of declarant) I am a United States citizen and I am over eighteen years of age. I am the custodian of records of the business named below, or I am otherwise qualified as a result of my position with the business named below to make this declaration. I am in receipt of a Grand J Subpoena, dated October 22, 2019, and signed by Assistant United States Attorney requesting specified records of the business named below. Pursuant to Rules 902(11) and 803(6) of the Federal Rules of Evidence, I hereby certify that the records provided herewith and in response to the Subpoena: (1) were made at or near the time of the occurrence of the matters set forth in the records, by, or from information transmitted by, a person with knowledge of those matters; (2) were kept in the course of regularly conducted business activity; and (3) were made by the regularly conducted business activity as a regular practice. I declare under penalty of perjury that the foregoing is true and correct. Executed on (date) (signature of declarant) (name and title of declarant) (name of business) (business address) Definitions of terms used above: As defined in Fed. R. Evid. 803(6), "record" includes a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses. The term, "business" as used in Fed. R. Evid. 803(6) and the above declaration includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. EFTA00084143