EFTA00128959.pdf

2020R00037 - 008 AO 110 (Rev. 06091 Subpoena to Testify Before a Grand Jury UNITED STATES DISTRICT COURT for the District of Virgin Islands SUBPOENA TO TESTIFY BEFORE A GRAND JURY To: Darren K. Indyke, Esq. YOU ARE COMMANDED to appear in this United States district court at the time, date, and place shown below to testify before the court's grand jury. When you arrive, you must remain at the court until the judge or a court officer allows you to leave. Place: St. Thomas Grand Jury District Court of the V.I., 5500 Veteran's Drive, 3rd Floor, St. Thomas, VI 00802 Date and Time: 06/25/2020 9:00 am You must also bring with you the following documents, electronically stored information, or objects (blank if not NOTE: THIS SUBPOENA CAN BE COMPLIED WITH BY PROVIDING THE REQUESTED DOCUMENTS LISTED WITHIN THE SUBPOENA ATTACHMENT TO THE AGENT SERVING THIS SUBPOENA IN HIS/HER CAPACITY AS A REPRESENTATIVE OF THE FEDERAL GRAND JURY PRIOR TO THE ABOVE LISTED DATE AND TIME. IT WILL THEN NOT BE NECESSARY FOR YOU TO APPEAR. PLEASE INCLUDE THE GRAND JURY SUBPOENA NUMBER FOUND IN THE TOP RIGHT HAND CORNER OF THE ISSUED SUBPOENA IN ALL RESPONSIVE CORRESPONDENCES. PLEASE PROVIDE THE REQUESTED INFORMATION IN ELECTRONIC FORMAT. Date: May 28, 2020 CLERK OF COURT Signature of Clerk or Deputy Clerk GLENDA L. LAKE, ESQUIRE The name. address, e-mail, and telephone number of the United States attorney, or assistant United States attorney, who requests this subpoena, are: 5500 Veteran's Drive Suite 260 St. Thomas, VI 00802 340-774-5757 EFTA00128959 From: Sent: To: Cc: Subject: Chris Kroblin aumpanuank. Tuesday, June 02, 2020 4:23 PM (USAVI) RE: Indyke and Kahn subpoenas Service accepted — thanks and stay safe. Christopher Allen Kroblin Member KELLERHALS FERGUSON KROBLIN PLLC Royal Palms Professional Building 9053 Estate Thomas, Suite 101 St. Thomas, VI 00802 Direct Office: Fax Email' www.kell Of Counsel to: Solomon Blum Heymann LLP 40 Wall Street, 35'h Floor www.sotbtum.com Notice: This communication may contain privileged or other confidential information. If you are not the intended recipient. or believe that you have received this communication in error, please do not print, copy. re-transmit, disseminate. or otherwise use this information. Also, please indicate to the sender that you have received this e-mail In error. and delete the copy you received. Thank you. Circular 230: To ensure compliance with the requirements imposed by the IRS. we inform you that any tax advice contained in our communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommemkng to another party any transaction or matter addressed herein. From: Seort 0 4:10 PM T Subject: Indyke and Kahn subpoenas Mr. Kroblin, 0 V> Thanks for speaking with me today. My understanding is that you are wil ' service of both of the attached subpoenas for Darren Indyke and Richard Kahn. I have cc'd Special Agent (FBI), with whom you should coordinate response. I have also cc'd Andrew Tomback and Marc Weinstein. Thanks so much, and please let me know if you have any questions or concerns. 1 EFTA00128960 Assistant United States Attorney District of the Virgin Islands 5500 Veterans Drive, Suite 260 St. Thomas VI 00802 2 EFTA00128961 2020R00037 - 008 SUBPOENA ATTACHMENT Darren K. Indyke, Esq. 575 Lexington Ave., 4th Fl. New York, NY 10022 Please provide any and all records relating to the following: Please provide any and all documents pertaining to the formation, administration, and operation of the 1953 Trust and the Jeffrey E. Epstein 2019 Trust from January 1, 2019 to the present. Documents should include but not be limited to: 1) Trust formation documents, agreements, etc.; 2) Terms of trust 3) Powers of trustees, limitations on powers of trustees, etc.; 4) Bank account Information for property held by the aforementioned trusts; 5) List of beneficiaries; 6) Identification and any categorization of all property held in trusts; 7) Records of distributions from trusts, including receipts and receipts and release (R&R) agreements; 8) Statements of accounts, trust accounting statements, etc.; 9) Plan(s) for fiduciary accounting; 10) Powers of appointment; 11) Trust asset valuation documents; and 12) Identification of outstanding estate debts and liabilities. If possible, please provide this information in an electronic format. Send responses and direct any questions to: EFTA00128962 2020R00037 - 008 U.S. Department of Justice Gretchen C.F. Shappert United States Attorney District of Virgin Islands Main Office: Ron de Lugo Federal Building & United Stares Courthouse 5500 !Pennons Drive. Suite 260 Si. Thom " Phone: Fax: Keeper of the Records RE: Grand Jury Subpoena Dear Sir/Madam: Branch Oar: 1108 King Street. Suite 201 Phone: ' 20-5080 Pho Fox: Pursuant to an official investigation being conducted by a federal Grand Jury in the District of the Virgin Islands of suspected violations of federal and related territorial criminal laws, your company is requested to furnish to the Grand Jury the documents described in the attached subpoena. You are requested not to disclose the existence of this subpoena, nor the fact of your compliance therewith, to anyone, including particularly the customer, for a period of ninety (90) days from the date of compliance with the subpoena. While you are not required to comply with this non-disclosure request, any such disclosure by the company could impede the investigation and thereby interfere with the enforcement of federal criminal law. You may address any questions regarding this request to the Assistant United States Attorney whose name and number appears on the subpoena. EFTA00128963 2020R00037 - 008 CERTIFICATE OF AUTHENTICITY OF BUSINESS RECORDS PURSUANT TO FEDERAL RULES OF EVIDENCE 902(11) AND 902(13) , certify under penalty of perjury as follows: (Name) I am the (Title) of (Company Name) and as such am the Custodian/Responsible Officer regarding the following described records, which are being produced along with this certification: (Description of Records) I know and declare that: • These records were made at or near the time the events or matters they describe occurred; • These records were created by someone having personal knowledge of the events or matters they describe; • These records were kept in the course of regularly conducted activity of the company named above; • It is the regular practice of this company to generate these records; • This certification is intended to satisfy Rules 902(11) and 902(13) of the Federal Rules of Evidence. I certify under penalty of perjury that the foregoing is true and correct. Date Signature Printed name Title Company Contact number PLEASE RETURN COMPLETED FORM WITH DOCUMENTS 1 1 EFTA00128964 2020R00037 - 008 NOTE: THIS SUBPOENA CAN BE COMPLIED WITH BY PROVIDING THE REQUESTED DOCUMENTS TO THE AGENT SERVING THIS SUBPOENA IN HIS/HER CAPACITY AS A REPRESENTATIVE OF THE FEDERAL GRAND JURY PRIOR TO THE DATE AND TIME LISTED ON THE SUBPOENA. IT WILL THEN NOT BE NECESSARY FOR YOU TO APPEAR. EFTA00128965 2020R00037 - 008 INSTRUCTIONS FOR PRODUCTION OF RECORDS & CERTIFICATION 1. General A. Records existing as Electronically Stored Information (ESI) shall be produced in electronic form and shall include text data and image data held: I. In your record retention systems; and/or 2. By your technology, data, or other service provider(s). B. Records that do not exist as ESI may be produced in paper or other original format and may be converted to image or text data and provided as ESI, unless originals are required. II. Text Data A. Text data relating to transactions shall be produced within a data file: I. Using a delimited ASCII text data format; or 2. Using software that can export to a commonly readable, non-proprietary file format without loss of data. B. Text data files relating to transactions shall include field descriptions (e.g., account number, date/time, description, payee/payor, check number, item identifier, and amount). III. Image Data A. Image data shall be produced in graphic data files in a commonly readable, non-proprietary format with the highest image quality maintained. B. Image data of items associated with transactions (e.g., checks and deposit slips) shall be: 1. Produced in individual graphic data files with any associated endorsements; and 2. Linked to corresponding text data by a unique identifier. IV. Encryption/Authentication A. ESI may be transmitted in an encrypted container. Decryption keys and/or passwords shall be produced separately at the time the data are produced. B. Authentication, such as hash coding, may be set by agreement. C. Affidavits or certificates of authenticity may be included as part of the electronic production. V. Cost Reimbursement A. Costs that are reasonably necessary and have been directly incurred in searching for, reproducing, or transporting records may be reimbursable. See the Right to Financial Privacy Act. I2 U.S.C., Section 3415 and Federal Reserve Board Regulation a 12 C.F.R., Part 219 (revised effective 1/1/2010). FINANCIAL INSTITUTION CERTIFICATION_REGARDING AVAILABILITY OF RECORDS IN ELECTRONIC FORMAT (TO BE COMPLETED FOR RECORDS PRODUCED IN PAPER) am Custodian/Responsible Officer regarding the following described: (Name) Records, which are being produced along with this certification: I know and certify that these records, if produced in paper, were not available in ESI (electronically stored information) format, or were produced in paper at the specific request of the Government Date Signature Printed Name Title Company PLEASE RETURN COMPLETED FORM WITH DOCUMENTS EFTA00128966 2020R00037 - 008 U.S. Department of Justice Gretchen C.F. Shappert United States Attorney District of Virgin Islands Main Office: Ron de Lugo Federal Building et United States Courthouse 5500 leterans Drive. Suite 260 St. Phone: Fax: To recipient of grand jury subpoena: Branch Office: 1108 King Street. Solve 201 Christ Phone: Fax: 0-5080 Law enforcement officials have served upon you a grand jury subpoena that requires the production of the items specified on the date indicated. You may comply with this subpoena in one of three ways: 1. Deliver the requested items to the law enforcement official serving the subpoena; 2. Mail the requested items to the law enforcement official serving the subpoena at the specified address by certified mail, return receipt requested, in sufficient time to reach that law enforcement official by the compliance date; or 3. Appear in person to present the requested items to the grand jury on the compliance date. Records provided in compliance with the subpoena will remain in the custody of the grand jury until the grand jury investigation and related proceedings are completed. Please complete the enclosed Declaration Certifying Records of Regularly Conducted Activity and return it with the records. Returning this completed form may eliminate the necessity ofyour having to appear in person in court in the future. You may address any questions regarding this request to the Assistant United States Attorney whose name and number appears on the subpoena. EFTA00128967