EFTA00088556.pdf

BUTZEL LONG ATTORNEYS AND COUNSELORS a professional corporation February 21, 2020 Esq. Assistant United States Attorney Southern District of New York One St. Andrew's Plaza New York, New York 10007 Re: Interlochen Center for the Arts Grand Jury Subpoenas dated February 6 &10, 2020 Dee George B. Donnini 313 226 7042 donnini@butzel.com Suite 100 150 West Jefferson buttel.com Also Admitted In Caltomia and New York As you know, I represent Interlochen Center for the Arts ("Interlochen") in connection with its response to the two subpoenas issued by your office. Enclosed please find executed custodian certifications along with a confidential document production on behalf of Interlochen in response to the subpoenas duces tecum that was served by your office on the custodian of records for Interlochen. The enclosed flash drive includes those responsive documents with a bates range as follows: • INT000001 - INT000293 responsive to February 6, 2020 Subpoena; and • INT000294 - INT000631 responsive to February 10, 2020 Subpoena. The files are encrypted and the password will be sent to you via email. Consistent with our prior communications, Interlochen is committed to cooperating fully with your office. The submission of this letter and the materials enclosed herewith is without prejudice to, and with full reservation of, all privileges, rights, and protections. Interlochen requests that this letter and the materials attached hereto be treated as exempt from disclosure, under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), and as confidential pursuant to 28 C.F.R. § 16.8. Mn Arbor Bloomfield Hills Detroit Lansing New York Washington D.C. Alliance Offices Beijing Shanghai Mexico City Monterrey Member Lex Mend vinonv.butzel.com EFTA00088556 We submit these materials to you with the understanding that your office's request for this information is relevant and materials to a valid law enforcement purpose. We further submit these materials to you with the understanding that they will remain confidential unless and until they are made public by the Court. Finally, we submit these materials to you with the understanding that, in the event that any privileged or work-product protected documents are produced, inadvertent or otherwise, your office will promptly destroy each copy of any such document that is in the possession, custody, or control of the United States. See, e.g., Fed. R. Civ. P. 26(bX5)(B). If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, • George B. Donnini EFTA00088557 Declaration of Custodian of Records Pursuant to 28 U.S.C. § 1746, I, the undersigned, hereby declare: 4 7 PCK An. 5 --ceL • (name of declarant) My name is 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 l am otherwise qualified as a result of my position with the business named below to make this declaration. I am in receipt of poena, dated February 6, 2020, and signed by Assistant United States Attorney , requesting specified records of the business named below. Pursuant to Rules 902(11) an 803(6) of the Federal Rules of Evidence, I hereby certify that the records provided herewith and in response to the Subpoena: (I) 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 2115110 (date) (signature of declarant) PATheK 41. 4,sfe C VP gAfa-AtcP 0,e-44-1/;4!-C (name and title of declarant) ,Tote4 6„*_„ 4qohe 4th (name of business) 4.t ()op NA. •-• I, 1 et 4-111' 11-7 tore4L ocice.ti P1/4:-L: Li1F 41,3 (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. ri EFTA00088558 Declaration of Custodian of Records Pursuant to 28 U.S.C. § 1746, I, the undersigned, hereby declare: A 2C-7(C/C 1 AA. ea <se (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. My name is I am in receipt of poena, dated February 10, 2020, 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 "—mei tqlzo (date) • —1)#.7) / / t Al • K :" "---1---.-C".( (signature of declarant) -104- P2L O11' Cre VP FrAkiilte (afreiik;ikk (name and title of declarant) rAitt4lochew eedoi /ids (name of business) 9e00 aNTEAtetlEi, `-t T•• it-5 (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 EFTA00088559