EFTA00186773.pdf

61-ATO EFTA00186773 United States District Court SOUTHERN DISTRICT OF FLORIDA TO: CUSTODIAN OF RECORDS THE DALTON SCHOOL 108 EAST 89 STREET NEW YORK, NY 10128 SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 05-02(WPB)-Fri./No. O1,Y-19 SUBPOENA FOR: 111 PERSON DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date and time specified below. PLACE: Palm Beach County Courthouse Juvenile Courts Building 205 N. Dixie Highway West Palm Beach, Florida 33401 (Temporary location for the United Statcs District Courthouse, West Palm Beach) ROOM: Room 4-A DATE AND TIME: September 29, 2006 9:00am YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): ANY AND ALL INFORMATION, DOCUMENTS, AND RECORDS (INCLUDING INFORMATION, DOCUMENTS, AND RECORDS IN ELECTRONIC STORAGE) REFERRING OR RELATING TO JEFFREY EPSTEIN, INCLUDING BUT NOT LIMITED TO CORRESPONDENCE, E-MAILS, EMPLOYMENT APPLICATIONS, EMPLOYMENT REVIEWS, DISCIPLINARY RECORDS, PAYMENT RECORDS, STUDENTS AND/OR PARENT COMMENTS, AND AWARDS. Please coordinate your complia d confirm the date and time of your appearanc ' • gen , Federal Bureau of Investigation, Telephone This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. This subpoena is issued upon application Wcs Tel: Fax: DATE: September 21, 2006 ne Number of Assistant U.S. Attorney Assistant U.S. Attorney venue, Suite 400 .33401-6235 x3047 *If not applicable. enter 'none." To la turd in lira of AO110 FORM O1RD•227 JAN.86 EFTA00186774 U.S. Departs. .t of Justice United States Attorney Southern District of Florida 500 S. Australian Ave., Suite 400 , FL 33401.6235 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through the declaration of a custodian, if they are•provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand jury/trial at the time and place specified by completely filling out the attached Certification and Invento and immediately returning it with the records to Special Agent MI FBI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 EARLY VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to September 29. 2006. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: ASSISTANT UNITED STATES ATTORNEY EFTA00186775 CERTIFICATION OF BUSINESS RECORDS I, the undersigned, declare that I am: employed by/associated with in the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from information transmitted by, a person with knowledge of those matters; 2. kept in the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing is true and correct. Date of execution: Place of execution: Signature: EFTA00186776 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: EFTA00186777 Holland Knight October 19, 2006 Assistant United States Attorney U.S. Department of Justice Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, Florida 33401 Dema Tel Fax MIS Holland & Knight LLP 195 Broadway. 24th Floor New York. NY 10007-3189 www.hklaw.com 111 In response to your telephone message to me yesterday replying to my call of Wednesday, I am confirming what I stated, i.e., that my client, The Dalton School, has no employment or other records relating to the year Jeffrey Stein taught at the School in the1970s (we don't even know the precise year) nor is there anybody currently at the School who was there at the time and would know anything about his performance. I trust this is satisfactory confirmation of the message I left and if you need any more information, please call me. \icksl, yours, Daniel L. Kurtz cc: Ellen Stein Head of School #4124267_v1 EFTA00186778