EFTA00092436.pdf

U.S. Department of Justice United States Attorney Southern District of New York The Silvio!. Mollo Building One Saint Andrew-s Plaza New York, New York 10007 February 5, 2020 Interlochen Center for the Arts 4000 Highway M-137 Interlochen, MI 49643 Attn: 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 jury. Pursuant to the accompanying non-disclosure order issued under 20 U.S.C. § 1232g(b)(1)(J)(i) and 28 U.S.C. § 1651, you are prohibited from notifying any person (except as necessary to carry out the subpoena) of the existence of this subpoena for a period of 180 days from the date of the order. If you ever plan to notify any person of the existence of this subpoena, even after the 180-day period, please advise me before you do so, in case the investigation remains ongoing and the order needs to be renewed. Thank you for your cooperation in this matter. By: Very truly yours, GEOFFREY S. BERMAN United States Attorney Assistant United States Attorney uthem District of New York EFTA00092436 Grand Jury Subpoena PrritebStates Pisitirt arturt SOUTHERN DISTRICT OF NEW YORK TO: Interlochen Center for the Arts 4000 Highway M-137 Interlochen, MI 49643 Attn: 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, 40 Foley Square, Room 220, 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: February 21, 2020 Appearance Time: 10 a.m. to testify and give evidence in regard to alleged violations of federal criminal law, including: 18 U.S.C. § 2423(a) 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 required if the requested records are (1) produced by on or before the return date to Special Agent 7.iixleral Bureau of Investigation, 26 Federal Plaza, New York, NY 10278, telephone and (2) accompanied by an executed copy of the attached Declaration of Custodian of Records. 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 February 5, 2020 (_f,e;ere.z,r GEOFFREY S. BERMAN United States Attorney for the Assistant United States Attorney One St. Andrew's Plaza New York. New York 10007 EFTA00092437 RIDER (Grand Jury Subpoena to Interlochen Center for the Arts dated February 5, 2020) Please provide any and all records reflecting the names of all students who attended Interlochen Arts Camp and/or Interlochen Arts Academy for the period January 1, 1994 through December 31, 1998. N.B.: Personal appearance is not r i uired if the r- uested records are (1) produced by on or before the return date to Special Agen ederal Bureau of Investigation, 26 Federal Plaza, New York, NY 10278, telephon and (2) accompanied by an executed copy of the attached Dec aration o s. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE. IMPORTANT: NON-DISCLOSURE ORDER Pursuant to the attached order, you are not to disclose any information relating to this grand jury subpoena to any person (except as necessary to carry out the subpoena). Disclosure could impede or obstruct an investigation. 3 EFTA00092438 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 Ju Sub oena, dated February 5, 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 (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. EFTA00092439