EFTA00172165.pdf

Grand Jury Subpoena Prritettatatez pistrirt Court SOUTHERN DISTRICT OF NEW YORK TO: DOB GREETINGS: WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and attend before the GRAND JURY of the eo le of the United States for the Southern District of New York, at the United States Courthouse, 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: September 24, 2020 Appearance Time: 10:00 a.m. to testify and give evidence in regard to alleged violations of: 21 U.S.C. § 841, 846; 18 U.S.C. §§ 201, 1791, 1956 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 required. Failure to attend and produce any items hereby demanded will constitute contempt of court and will subject you to civil sanctions and criminal nalties, in addition to other penalties of the Law. Please produce the requested records to AUSA at the address listed below. DATED: New York, New York September 9, 2020 Antal iota AUDREY STRAUSS Acting United States Attorney for the Southern District of New York Assistant United States Attorney New York, New York 10007 Telephone: rev. 02.01.12 EFTA00172165 RIDER (Grand Jury Subpoena to dated September 9, 2020) Definitions and Instructions: 1. This Subpoena calls for the production of specific documents—including e-mails and text messages—in the possession, custody or control of ("Benson") for the time period August 1, 2019 to the present. 2. This Subpoena a lies to any responsive documents wherever they may be found, including any of personal electronic devices such as any cellular phone or other telephone, pager, tablet, laptop computer, desktop computer, personal email, cloud storage, messaging or social media accounts used by Benson. 3. With the exception of documents containing handwritten notes, please produce requested records in electronic form (native format where necessary to view the material in its full scope) in a manner that is OCR-searchable, and with all available electronic metadata. Please provide the originals of all papers, notepads, notebooks, diaries, or calendars upon which responsive handwritten notes may be found. 4. The term "documents" includes writings, emails, text messages, drawings, graphs, charts, calendar entries, photographs, audio or visual recordings, images, and other data or data compilations, and includes materials in both paper and electronic form. 5. This Subpoena does not call for the production of any documents protected by a valid claim of privilege, although any responsive document over which privilege is being asserted must be preserved. Any documents withheld on grounds of privilege must be identified on a privilege log with descriptions sufficient to identify their dates, authors, recipients, and general subject matter. Materials to be Produced: 1. All documents, including but not limited to text messages, emails, iMessages, and WhatsApp messages, concerning your communications with any inmate housed at the Metropolitan Correctional Center. 2. All documents, including but not limited to text messages, emails, iMessages, and WhatsApp messages, concerning your communications with any employee of the Metropolitan Correctional Center. 3. All documents, including communications, concerning any bank account, credit card account, or peer-to-peer money transferring account over which you have authority or control. Personal appearance required. Please produce responsive records to AUSA address listed on the subpoena. PLEASE PROVIDE IN ELECTRONIC FORMAT IF POSSIBLE. at the EFTA00172166 Advice of Rights I. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. 2. Anything that you do say may be used against you by the grand jury or in a subsequent legal proceeding. 3. If you have a lawyer, the grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with your lawyer if you so desire. 4. If you would like a lawyer but do not have funds to retain one, you may make an application to the United States Magistrate Judge who will decide whether to appoint a lawyer to represent you. EFTA00172167