EFTA00187117.pdf

r NO. NAME 'C C';: • • EFTA00187117 VS1 USAO NUMBER LQCZYrA.C) 1 % RIMINAL COMPLAINT COURT DOCKET NO. DJ FILE NO. E CONTENTS OF THIS FILE ARE SUBJECT TO THE PROVISIONS OF THE PRIVACY ACT (5 U.S.C. 552a). United States Attorney SoLti N District of re_Xim VISION t\k)6-4i I G COUNTY fp,u-krpsct-i FENDANTS: ASSIGNED TO _JP( LEAP NATURE OF OFFENSE InirrV/i (1 ,17-011.0v1' 11A-cyst-ode 4-koAitif +D incore cA) lit -% a_ (NALVION'' FENSE COUNSEL: CODE SECTIONS 21/-2-2 2/1-23 DATE OF OFFENSE GOVT. AGENCY f 1-311 STAT. OF LIMITATIONS BOND (AMOUNT, DATE AND SURETY) RAIGNMENT PLEA E ALSO FILE NO. REST INDICT BY INDICTMENT TRIAL ._ DATE CODE REMARKS INITIALS 0 EFTA00187118 GCO I Case Name: U.S. I. OPERATION LEAP YEAR Matter tt: USAO#: 18 U.S.C. § 208 is a criminal conflict of interest statute that prohibits me from participating personally and substantially in an official capacity in any particular matter in which I have a financial interest or in which certain persons or organizations whose interests are imputed to me have a financial interest if the particular matter will have a direct and predictable effect on that interest. This statute is in addition to any state bar professional conduct rules that may apply. I understand that personal and substantial participation may encompass activities ranging from merely advising on strategy to signing pleadings or trying a case. )4 I understand that a particular matter includes both specific party matters, as well as more general matters that focus on an identifiable group (e.g., a policy determination that more resources will be spent pursuing institutions'. X. individuals committing health care fraud). I understand that financial interest is the potential for gain or loss as a result of governmental action and that such interests typically arise through ownership of stocks or sectored mutual funds, outside activities/employment, and spousal employment. I understand that those interests imputed to me include those of my spouse, minor children, general partners, any organization in which I serve as officer, director, trustee, general partner or employee, and any person or organization with whom I am negotiating for or have any arrangement concerning prospective employment. I understand that a direct and predictable effect occurs when there is a close causal relationship between the matter and my financial interest or the financial interest held by someone whose interests arc imputed to me. The effect may be positive or negative. The magnitude of the gain or loss is immaterial. I certify that, to the best of my knowledge, this matter will not directly and predictably affect my financial interests or those interests imputed to me and my pa 8 U.S.C. § 208. (Printed Name) If You cannot certify to the above statement, do not take any action on the case and immediately contact your supervisor or Your Ethics Advisor. Page 1 of I 5 C.F.R. § 2635.502, the impartiality rules, prohibits me from participating in a specific party matter that I know is likely to affect the financial interests of a member of my household or in which someone with whom I have a covered relationship is or represents a party. A, I understand that I have a covered relationship with the following: anyone with whom I have or seek a business, contractual, or financial relationship; a relative with whom I have a close personal relationship; anyone for whom my spouse, parent or dependent child serves or seeks to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee; anyone for whom I worked in the last year as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee; and an organization in which I am an active member. I certify that, to the best of my knowledge, this matter is not likely to affect the financial interest of a member of my household, and no one with whom I have a cove relation is or represents a party in this matter. Therefore, my lc' t 1 ndviolpte,6 03F.R. 4.4635.502. ater72-3k 6 (Printed Name) If you cannot certify to the above statement, do not take any action on the case and immediately contact your supervisor or your Ethics Advisor. I acknowledge my ongoing responsibility' to be aware of the potential for conflict or the appearance of a conflict and to disclose any financial or personal interest as described above that woulithacomejavolved in or be affected by the matter as soofles ilatp* to the 7 te5/23/0 c (Printed Name) EFTA00187119 U.S. ATTORNEY'S OFFICE SOUTHERN DISTRICT OF FLORIDA CRIMINAL MATTER/CASE INITIATION FORM USAOID COURT NO. MAG NO. RELATED CASE NO. PARTICIPANTS: A. OPERATION LEAP YEAR B. C. D. E. F. SUMMARY OF FACTS: Internet Solicitation - Inter8tate travel to have sex with a minor. PRIMARY CHARGE: 18 USC 2422161, 24231bl EST FINANCIAL MAGNITUDE: OFFENSE DATE FROM DATE TO PRIORITY: (Check one) N National Priority Only _ B Both National 8s District Priority D District Priority Only _ X Neither National nor District Priority AGENCY Who is the investigating agency? Agency Name: FBI Agency File Number: Agent Name and Telephone Number: S A Second Agency Name: Second Agency's File Number: Second Agency's Agent Name and Telephone Number: LIM ICATCTRA APPLY. cell This case involves TRIGGERLOCK Defendant(s) Offense discovered as results of (NICS) Brady Yes No This case involves Victim(s) _ Non Government Witnesses or both. Forfeiture of Assets may be involved. OCDETF Case Operation Name: OCDETF Number: FC/FLS/ Special targets or subjects are involved: Attorneys Police Officers Public Officials Members of the Medical Profession Civil Servants Responsibility for the case is shared with DOJ through joint litigation or DOJ required oversight. (Cases within this category, for which DOJ information must be provided, include all Tax, Environmental, FDA and Civil Rights Cases) DOJ Division: DOJ File or Tax Division Number: DOJ Attorney and Telephone Number: REVIEWED FOR ACCURACY & COMPLETENESS; ACCEPTED FOR CASE INITIATION ASSIGNED TO: AUSA a____ SUPERVISORY AUSA SIGNATURE: _ DATE USAO 001 (01CRM07a) REV.(08/12/02) EFTA00187120 PROGRAM CATEGORY (Check ALL categories that apply) (priorities arc listed in parentheses) OFFICIAL CORRUPTION Customs-Currency (063) Fed. Corruption-Procurement IN-ALL) (011) (N-$25,000/one or $50,000/more than one) Fed. Corruption-Program (N-ALL) (012) Energy Pricing & Related Fraud (N-$500,000 or illegal pricing) (064) Fed. Corruption-Law Enforcement (N-ALL) (013) Health & Safety-Employees (N-life endangering) (066) Fed. Corruption-Other IN-ALL) (014) Copyright Violation% (N-5500,000 • and three or more states (069) State Corruption (N-High Officials) (015) Trafficking in Contraband Cigarettes (N-5100,0000 (06A) Local Corruption (N-High Officials) (0161 Wildlife Protection (06B) Other Official Corruption (01Z) Marine Resources (06C) ORGANIZED CRIME Energy Violations (06D) Organized Crime-Traditional (020) Environmental Crime (06E) Organized Crime-Emerging Organizations (021) Money Laundering/Structuring (Narcotics) (069 WHITE -COLOR CRIME/FRAUD Money Laundering/Structuring (Other) (060) Fed. Procurement Fraud (N-$25,000 +) (031) Other Government Regulatory Offenses (062) Fed. Program Fraud (N-$25,000 (032) INDIAN OFFENSES Tax Fraud (N-DOJ Tax Authorized) (033) United States had jurisdiction (065) OFinancial Institution Fraud (036) INTERNAL SECURITY OFFENSE Bankruptcy Fraud (N-$100,000 •) (037) Internal Security (070) Advance Fee Schemes (N-$1000,000 • 10 or more victims) (038) ANTI-TERRORISM Other Fraud Against Business (Credit Card) Fraud (039) International Terrorism (071) Consumer Fraud (N-S)00,000 • or 25 or more victims) (03A) Domestic Terrorism (N-ALL (072) Securities Fraud (N4100,000 +) (03B) Terrorism Related Hoaxes (073) Commodities Fraud (N-$100,000 +) (03C) Terrorist Financing (076) Other Investment Fraud (N-$100,000 +) (03D) OCDETF - Anti-Terrorism/Environment (07A) Computer Fraud (N-ALL) (03F) OCDETF - Anti-Terrorism/Identity Theft (07B) Health Care Fraud (N-525,000 • or bribes) (030) OCDETfe - Anti-Terrorism/Immigration (07C) Fraud Against Insurance Providers (N-$100K •/Arson$250K +) (0311) OCDETF - Anti-Terrorism/OCDETF Drugs (07D) Telemarketing Fraud (038) OCDETF - Anti-Terrorism/Kon-OCDETF Drugs (07E) Insider Fraud Against Insurance Providers (N-ALL) (03.1) OCDETF - Anti-Terrorism/Violent Crime (07F) MEWA/MET (Multiple Employer Welfare Arrangements and (03K) OCDETF • Anti-Terrorism/All Others (070) Multiple Employer That Fraud (14.-$100,000 +) OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE Antitrust Violations-Airlines (03M) Offenses Involving the Administration of Justice (074) Antitrust Violations-Banking (03N) INTERSTATE THEFT Antitrust Violations-Defense Procurement (03P) ITSP - 18 U.S.C. 659, 2117, 2314, etc (075) Antitrust Violations-Extraterritorial Application (03Q) LABOR MANAGEMENT OFFENSE Antitrust Violations-Financial Markets other than banking (03R) Union Official Corruption-Pension, Benefit Funds. Antitrust Violations-Other (if no specific code applies) (03E) (N 425.000) (08A) Other White-Collar Crime/Fraud (032) Union Official Corruption-Bribery, Kickbacks (Ne$5,000.) (08B) DRUGS Labor Racketeering (N-ALL (08C) Drug Dealing (N-CCE; RICO; DEA Class I violator; movement of $100,000 .; level 38 drug amounts; (040) Other Labor/Management Offenses FUGITIVE CRIMES (0823 large criminal drug trafficking organization) Escape, Failure to Appear, Bond Jump (081) Simple Drug Possession (21 :00844 oyd (045) POSTAL SERVICE CRIMES OCDETF (N-ALL) (047) 18 U.S.C. 1708, 1709, 495, 510, etc (082) CIVIL RIOHTS BANK ROBBERY Other (If no specific code applies) (050) 18 U.S.C. 2113 (083) Law Enforcement (05D) ASSIMILATED CRIMES Slavery/Involuntary Servitude (05E) 18 U.S.C. 0007(31, 0013, etc.... (084) Racial Violence (059 ELECTION FRAUD Access to Clinic Entrances (18 U.S.0 §248) (050) 18 U.S.C. 371, 911, 1341-1343 (085) Hate Crimea Sep 11, 2001 Terrorist Attacks on the U.S. (05H) MOTOR VEHICLE CRIMES OPERATION TRIGGERLOCK 18 U.S.C. 2312, 2313, etc..... (086) Firearms cases (053) OP RNOGRAPHY/OBSCENITY Firearms cases (Brady Violation) (054) X 18 U.S.C. 2251.2256 [Child Protection Act of 1984) (087) 18 U.S.C. 922(a)(6), 924(a)(1)(M, 1001 18 U.S.C. 1461.1465 (Obscenity) (087) IMMIGRATION THEFT OF GOVERNMENT PROPERTY Immigration & Nationality Act (055) U.S.C. 641, etc... Excluding white collar under 031-032 (088) CRIMES AGAINST GOVERNMENT PROPERTY OBSCENITY DOMESTIC VIOLENCE 18 U.S.C. 1461, 1465 or U.S.C. 223 (089) Crimes Against Government Property (056) OTHER CRIMINAL PROSECUTIONS GOVERNMENT REGULATORY OFFENSES X All Others Not Covered Above (090) Counterfeiting and forgery of U.S. Government Currency (061) DOMESTIC VIOLENCE or Securities (N-ALL 18 U.S.C. 2261.2262; 922(03), 922(g)(9) (091) Customs-Duty (N-$25.000/one or $500,000 more than one) (0621 REGION/DIVISION/SECTION CODES SOUTHERN REGION ECS ENS NAH PCS SMP SNS CRD EKE ECONOMIC CRIMES SECTION ENVIRONMENTAL CRIMES SECTION HIDTA PUBLIC CORRUPTION SECTION MAJOR PROSECUTIONS SECTION NARCOTICS SECTION CIVIL RIGHTS SECTION EXECUTIVE DIVISION CENTRAL REGION CCI CENTRAL CRIMINAL ONE CC2 CENTRAL CRIMINAL TWO OCS ORGANIZED CRIME NORTHERN REGION L NCI NORTHERN CRIMINAL) NC2 NORTHERN CRIMINAL II FTP FORT PIERCE OFFICE FI: \EVasquez\Villafrina, A. Marie • Cases \ Operation Leap Year \ CASE INITIATION FORMS \ Criminal Matter-Case Initiation Form.wpd EFTA00187121 **slesstststssstststss **le TX REPORT lt*s s****ssIttittsitst ****** TRANSMISSION OK TX/RX NO CONNECTION TEL SUIIADDRESS CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 1699 19543566964 06/01 17:09 United States Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235 DATE: June 1, 2006 TO: Docketing ORGANIZATION: USAO/Ft. Lauderdale FAX #: SUBJECT: In the Matter of: Operation Leap Year FROM: Legal Assistant , Extension 3032 (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: 4 COMMENTS: Please see attached case that needs a USAO/LIONS #. If you have any questions or concerns, please feel free to contact me. Thanks! EFTA00187122 United States Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235 DATE: June 1, 2006 TO: Docketing ORGANIZATION: USAO/Ft. Lauderdale FAX #: SUBJECT: In the Matter of: Operation Leap Year FROM: Legal Assistant , Extension 3032 (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: 4 COMMENTS: Please see attached case that needs a USAO/LIONS #. If you have any questions or concerns, please feel free to contact me. Thanks! Original document: To follow via regular mail To follow via Federal Express To follow via interagency mail To follow via hand delivery To follow via email X Nothing to follow, FAX = original EFTA00187123 EX PERT t•JiTNESS FeM.S EFTA00187124 U.S. Department of Justice Contract/Purchase Order No.: 7L-USA-04-0207 nit RECEIVED Request, Authorization and Contract for Services of Expert Witness, Litigative ConsultaptAfrtirirdral OD/An, in 11-PliST , 17 av ;;a0k,.. '-' ..".0rligYSICParilkiKequ6st foeSeritIceicf<.Q-,,:•! Wil' :,... ..:: -.: ‘2 54,ValliaMatintgif SWIM 3. Point of Contact Nam an T I 4. Dale of Request 10/26/2006 5. Preparer (Name & Tel.) 6. Originating Office (Name & A dress) USAO WPB 500 S. Australian Ave, Suite 400 west Palm Rearh. Fl 314O1 7. ase Name, Court & CI. Docket No. Operation Leap Year IL DJ File No.A.ISA0 No. 9. Contractor (Name and Tel.) Anna Salter Ph .D. Telephone: 10. Contractor M ill A 1 1 . Contractor TIN or SSN (IntRvidual) 12. Contractor specialty Licensed Psychologist NRHCP 13. Reason for Request (Place an '1C In the applicable Box in the Left Column) 13.a. Expert Testimony on Behalf of U.S. 13.b. Deposition Conducted by DOJ Attorney 13.c. Medical Examination of Plaintiff/Vifitness/Defendant in Contemplation of Testimony on Belief, of U.S. 13.d. Examination Under 18 USC 4241, Mental Competency b Stand Trial Only i 13.e. Dual Purpose Psychiatric Examination (Time of Offense and Competency b Stand Trial) on the motion of: 13.1 ADR Neutral Services )( 13g. Litigative Consultant Services 13.h. Other (explain below): Attach the Statement of Work to this Form 14. Negotiated Contractor Rates, Estimated Expenses, and Performance Dates (Note: Expenses Incurred must be supported by receipts) ltf4r6CIX4EgAtikcifkrgeatA ffirjaS 14:040filgefftiPeriiialfilTin; ran icelfiiiikit logkoeilitat talltiliatillt $0.00 14.a. Examine Case 14.b. Prepare Testimony $0.00 14.c. Court Testimony $0.00 14.d. Deposition $0.00 14.e. Litigative Consultant/Neutral 05/07/07 - C6/29/07 HOUR 6.00 250.00 $1,500.00 14.f. Per Dlem (if not part of fee) $0.00 14.9. Privately Owned Vehicle (NTE coach rale) Mlle $0.00 14.h. Common Carrier Transportation Via GTA 14.i. Common Carrier Transportation Reimbursed 141 Miscellaneous . Alai ... triWat ifITI if :1•17:7 1 j. .. •'. • itk: • t:' i:1 14..t...4.:71C.1j 21..:Y:,?,::"'ii::7; $ 1.500.00 15. Submit Invoices & EFT Information to: Attn: Procurement Dept. US Attorneys Office 99 NE 4th StrOaSIAIO 3, I Miami, FL 33132 -130sly. - 16. Payment will be made by (Place an *X" ki the applicable Box and ill-in if not JMO/Finance) 1 1. rapartmentofJustice I , as on DC 2 0001 95 :Q icy E- A61 Lur: a 3 0 ' • .• • .3/ Previous Editions are Obsolete Form OBD-47 (Revised 3.2005) Page 1 of 2 EFTA00187125 U.S. Department of Justice Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral Contract/Purchase Order No.: 7L-USA--04-0207 Part II - Funding Approval.:-Vinie' lehanithl 17. Appropriation Data 17.a. Authorized Amount LS- OO, '—' 17.b. YREGDOC Goy /0111 17.c. Cost Center acif O°V 17.d. OBL Month o 7 or 17.e. Sub Object Code (SOC) tia7 171 Remarks pfLo& , 0 nti Note: The FEW Appropriation (15X0311) shall ONLY be used to fund Witness Services (i.e., items 13.a hrough 13.e above) 18. Funding Amount (Place anr in the applicable Box in the Left Column and fill-In the Amount and Performance Period) I/ V N 18.a. Fully Funded This Contract is FULLY FUNDED in the amount specified in Block 18.b to cover the estimated costs of the ENTIRE project whose performance period is specified in Block 18.c. This amount shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer. 18.b. Amount 111/ 5—e, a 0,3 18.c. Period (From - To) 44 7 — c/o 7 ltd. Incrementally Funded This Contract is INCREMENTALLY FUNDED. The total estimated cost of the project Is specified in Block 14.k. Currently, funding Is provided only In the amount specified In Block 18.e to covet estimated costs incurred during the performance period specified In Block 18.f. The amount specified in Block 18.e shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer. 18.e. Amount 18.f. Period (From - To) Reminder: Witnesses are not entitled fo Advance Payments. 19. Funding Approval 19.. _ 19.b. Name 8 Title of Approving Official 19.c. Date Approved 5 lo 7 In the event of any inconsistency among the Contract for Services of Expert Witness. Liligative and Procedures, consisting of 3 pages. by reference. services as described herein in accordance shall be consisting of 2 and rates set forth in This contract consists of the documents listed below. resolved in the order in which said documents are listed. (1) OBD Form 47, Request, Authorization and pages. (2) Attachment 1, Contract Terms, Conditions, (3) Attachment 2, Statement of Work. (4) The Contractors proposal, incorporated herein By signing this document, the Contractor agrees to perform this contract. following documents, such inconsistency Consultant, or ADR Neutral, with the terms, conditions, The Contractor also certifies that, to the best of its knowledge, there is nothing derogatory In the background of its employees that could impugn testimony given by these employees or work products delivered by the Contractor. Thir-coalract-shatirieWiee0F0e..effeeliveantil-signeel-by-en-etrtiterized-representativret /her DontizretortrNI3-1Mreontracting-Offrcer. 20. Contractor Signature 20.a. Signature of Authorized Person 20.b. Name and Title of Signer kA nn R • Q. %Qkk- e-Vii-a\i' • 1). 20.c. Date Signed 6 11,8107 21. Contracting Officer Signature ant tin Officer 21.b. Name of Contracting Officer 21.c. Date Signed 5 / 947 Previous Editions are Obsolete Form OBD-47 (Revised 3-2005) Page 2 of 2 EFTA00187126 U.S. Department of Justice Request, Authorization and Contract for Services of Expert Witness, Litigativo Consultant, or ADR Neutral [Contract/Purchase Order Number: 7L-USA-04-0207 Attachment 1 - Contract Terms, Conditions arid Proceduresif A. General Contract Terms and Conditions A.1 Inspection and Acceptance. Inspection and acceptance wilt be at destination, unless otherwise provided. Until delivery and acceptance. and after any rejection, risk of loss will be on the Contractor unless loss results from negligence of the Government. A2 Invoice Requirements. After services are rendered, the Contractor shall prepare an invoice and submit it to the individual identified in Block 15 of this Contract (page 1 of Form OBD-47). To constitute a proper invoice, the invoice must contain the following information: (i) The name and Taxpayer Identification Number (TIN) of the business entity or individual (If an individual has no TIN, the Social Security Number may be used); (iI) The date of the Invoice; (iii) A description, Itemization, and price for all sivices rendered and miscellaneous expenses incurred; (iv) The date or the period of time over which the services were rendered; and The name, telephone number, and complete mailing address of the responsible official to whom payment Is sent. The invoice must also be accompanied by any travel receipts or receipts for miscellaneous expenses to substantiate the invoice amount. The Govemment case attorney will certify on the invoice that the services were received and the date the services were accepted. The Government case attorney will then forward the approved invoice and Form OBD-47 to the appropriate person within the litigating office for further processing. A.3 Payment by Electronic Funds Transfer. The Government reserves the right to make payments to the Contractor via Electronic Funds Transfer (EFT) In accordance with FAR clause 52.232-34, Incorporated by reference into this Contract. If payment Is to be made via EFT. the Contractor shall prepare Part II of Form 060-47A. The form shall be completed by the Contractor and submitted to the address shown in Block 15 of this Contract (page 1 of Form 0B0-47). A.4 Interest on Overdue Payments. (I) The Prompt Payment Act, Public Law 99-177 (96 Stat 85, 31 U.S.C. 1801, as amended) is applicable to payments under this Contract and requires the payment of interest on overdue payments and Improperly taken discounts; (II) Determination of interest due will be made in accordance with the Provisions of the Prompt Payment Act. n.5 Payment Inquiries. All follow-up invoices shall be marked 'Duplicate of Original? Contractor snorts r rding payment information or check Identification should be directed to the Department of Justice Vendor Assistance Hotline A 6 Use of Taxpayer Identification Number. In accordance with the requirements of the Debt Collection Act of 1996, Public Law 104-134. it is the intent of the Department of Justice to use your Taxpayer Identification Number for purposes of collecting and reporting on any delinquent amounts arising out of your relationship with the Government. A/ Contractor's Proposal. The Contractor' proposal to furnish the services under this Contract is hereby incorporated by reference Into this Contract. In the event of any Inconsistency between the Contractor's proposal and this Contract, this Contract shall be considered a superseding document. This Contract were given In may be accessed which Is current B. Federal Acquisition Regulation Clauses Incorporated by Reference incorporates the following Federal Acquisition Regulation (FAR) clauses by reference, with the same force and effect as if the clauses full text. Upon request, the litigating component's administrative or procurement office will make the full text available. Also, the full text electronically at the following Internet address: htto://vernv.arnetoovilart. The effective date of each FAR clause listed below is that at the time this Contract is executed by both parties. B.1 The fel owing FAR clauses apply to all contracts (the FAR clause number is in the left column and clause title in the right) 52.225-13 Restdctions on Certain Foreign Purchases 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts 52.232-25 Prompt Payment 52.232-34 Payment by Electronic Funds Transfer - Other than Central Contractor Registration 52.233-4 Applicable Law for Breach of Contract 52.243-3 Changes - Time-and-Materials or Labor-Hours 52.246-6 Inspection - Time-and-Material or Labor-Hour 52.249-6 Termination (Cost Reimbursement), Alternate IV 8.2 The fol owing FAR clause is added to the clauses In Block 18.a for those contracts valued at $100,000 or less 52.213-4 Terms and Conditions - Simplified Acquisitions (other than Commercial Items) 13.3 The fol owing FAR clauses are added to the clauses In Blocks 8.1 and B.2 for those contracts valued at more than $100,000 52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government Previous Editions are Obsolete Form OBD-47 (CLAUSES) (Revised 3-2005) Page 1 of 3 EFTA00187127 U.S. Department of Justice Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral I!ontract/Purchase Order Number: 7L-USA-04-0207 52.203-7 And-Kickback Procedures 52.203-8 Cancellation, Recision. and Recovery of Funds for Illegal or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 Limitations on Payments to Influence Certain Federal Transactions 52.204-4 Printing/Copying Double-Sided on Recycled Paper 52.209-6 Protecting the Government's Interest when Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment 52.215-2 Audit and Records—Negotiation 52.219-8 Utilization of Small Business Concerns 52.222-3 Convict Labor 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Affirmative Action for Disabled and Veterans of the Vietnam Era 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and other Eligible Veterans 52.223-6 Drug-Free Workplace 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.232-8 Discounts for Prompt Payment 52.232-17 Interest 52.232-23 Assignment of Claims 52.233-1 Disputes 52.233-3 Protest After Award 52.237-2 Protection of Government Buildings, Equipment, and Vegitation 52.242-13 Bankruptcy 52.244-2 Subcontracts 52.244-5 Competition in Subcontracting 52.247-63 Preference for U.S. Flag Air Carriers C. Other Full Text Clauses This Contract incorporates one of the following two clauses (C.1 or C.2) depending upon whether the Contract is FULLY FUNDED or INCREMENTALLY FUNDED, as specified in Part II, Block 18 of this Contract (Form OBD-47). This contract also incorporates Clause C.3 which describes required Contractor residency requirements. C.1 Limitation NOTE: This (1) The elsewhere Contract. (2) The this Contract; estimated. (3) As (4) Except excess otherwise that (5) The Contract, of Cost clause applies to FULLY FUNDED contracts. parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified in this Contract. The Contractor agrees to use Its best efforts to perform the work within the estimated cost specified in the Contractor shall notify the Contracting Officer whenever it has reason to believe that — (1) the costs the Contractor expects to incur under Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the estimated cost specified in the or (2) the total cost for the performance of this Contract will be either greater or substantially less than had been previously part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the total cost of performing this Contract. as required by other provisions of this Contract — (1) the Government is not obligated to reimburse the Contractor for costs incurred in of the estimated cost specified in the Contract or (2) the Contractor is not obligated to continue performance under this Contract or incur costs in excess of the estimated cost specified in the Contract, until the Contracting Officer (i) notifies the Contractor in writing the estimated cost has been increased and (ii) provides a revised estimated total cost of performing this Contract. Government is not obligated to reimburse the Contractor for any costs In excess of the estimated cost to the Government specified in the whether those costs were incurred during the course of the Contract or as a result of termination. Previous Editions are Obsolete Form 080-47 (CLAUSES) (Revised 3.2005) Page 2 of 3 EFTA00187128 U.S. Uepartment of Justice Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral Contract/Purchase Order Number 7L-USA-04-0207 "‘ I (6) If the estimated cost specified in the Contract is increased, any costs the Contractor Incurs before the increase that are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice directing that the increase is solely to oover termination or other specified expenses. (7) If this Contract is terminated or the estimated cost is not increased, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of costs incurred by each. C.2 Limitation of Funds NOTE: This clause applies to INCREMENTALLY FUNDED contracts. (1) The parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified on Page 2, Part II of this Contract (Form OBD-47) hereof. The Contractor agrees to use its best efforts to perform the work specified In the Contract. (2) Page 2 of the Contract (Form 080-47) specifies the amount presently available for payment by the Govemment and allotted to this Contract and the period of performance it Is estimated the allotted amount will cover. The parties contemplate that the Government win allot additional funds incrementally to the Contract up to the full estimated cost to the Government specified in the Contract. The Contractor agrees to perform, or have performed, work on the Contract up to the point at which the total amount paid and payable by the Government under the Contract approximates but does not exceed the total amount actually allotted by the Govemment to the Contract. (3) The Contractor shall notify the Contracting Officer whenever it has reason to believe that the costs it expects to Incur under this Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the Contract by the Government. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Contract. (4) Thirty (30) days before the end of the period specified on Page 2 of this Contract (Form OBD-47) , the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the Contract or for any further period specified in the Contract and when the funds will be required. (5) If, after notification, additional funds are not allotted by the end of the period specified on Page 2 of this Contract or another agreed-upon date, upon the Contractor's written request, the Contracting Officer will terminate this Contract on that date in accordance with the provisions of the Termination clause of this Contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this Contract on that later date. (6) Except as required by other provisions of this Contract - (1) the Government is not obligated to reimburse the Contractor for costs Incurred in excess of the total amount allotted by the Government to this Contract; and (2) the Contractor is not obligated to continue performance under this Contract (including actions under the Termination clause of this Contract) or otherwise incur costs in excess of the amount then allotted to the Contract by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this Contract. The estimated cost shall be increased to the extent that the amount allotted by the Government exceeds the estimated cost specified in the Contract. (8) Nothing in this clause shall affect the right of the Government to terminate this Contract. If this Contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of costs incurred by each. (9) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified In the Contract equaling the percentage of completion of the work contemplated by Nis Contract. C.3 Contractor Employee Residency Requirement All contractor employees assigned to this contract and working within the United States shall meet the DOJ Residency Requirement. The Residency Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) be a dependent of a Federal or military employee serving overseas. This requirement can be waived for short-term (i.e., those employees performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized or unique skills (for example, interpreters for rare foreign languages). These individuals must be United States citizens or Permanent Resident Aliens. A waiver request from the head of the Component outlining the extenuating circumstances along with the requisite contractor clearance package shall be submitted through the Contracting Officers Technical Representative (COTR) to the Department Security Officer (DSO) for approval. Each waiver request will be reviewed by the DSO and a determination made on a case-by-case basis. Additionally, a contractor employee who is not a U.S. citizen must be from a country allied with the United Slates. Since the countries on the Allied Countries List are subject to change, the head of the Component shall review the following website for current information: http:livnvw.opm.govtemplovitilmi(Citizen.htm. Previous Editions are Obsolete Form 080.47 (CLAUSES) (Revised 3-2005) Pago 3 of 3 EFTA00187129 U.S. Department of Justice Request, Authorization and Contract for Services of Litigative Consultant Operation Leap Year, 2006R01181 Contract No. 7L-USA-04-0207 Attachment 2 Litigative Consultant Statement of Work The United States Attorneys' Office (USAO) conducts litigation in the Southern District of Florida on behalf of the United States of America. Frequently, there is a need for litigative consultant work prior to a case going to trial and during the trial. When appropriate, and pursuant to guidelines implemented by the Department of Justice, a USAO may enter into agreements with litigative consultants, functioning as independent contractors, to conduct record reviews and data analyses by written report. hi this particular case, the USAO has determined that a litigative consultant is in litigation for the government and such services are not available from the agency being represented or from another agency. Through this statement of work, the USAO is seeking the services of a contractor to review records, analyze data, interview witnesses, and other work pertinent to the case. Summary of Case This case involves the solicitation of more than 12 minors to engage in prostitution and interstate travel to engage in sexual activity with minors. The case currently is under investigation. Four (4) targets have been identified to date. Retention Dr. Anna Salter is needed to serve as a consultant prior to indictment regarding the psychological traits of the defendant, obstacles in interviewing victims of sexual exploitation, and the effects of sexual abuse on victims. Dr. Anna Salter will be available to commence work for the USAO upon receipt of an executed copy of this Agreement or a verbal notice to proceed. Dr. Anna Salter agrees not to work for any other person or party involved in this case on matters relating to this case for thirty (30) days after she is verbally retained, or upon acceptance of this Agreement, unless notified earlier by the USAO. Should the thirty (30) days lapse without receipt of an executed agreement or notice to proceed, Dr. Salter is free to accept work from any other party. EFTA00187130 Scope of Work Dr. Anna Salter shall provide all plant, labor, material and equipment except as otherwise provided to perform litigative consultant services as required by USAO and in connection with such services agrees to perform such document review, studies and research by written report as an litigative consultant with respect to Dr. Salter's findings. Dr. Anna Salter may assist the USAO in the obtaining of one or more additional consultants, as needed to support the contractor in person or by written report, who are competent and willing to render a scientifically-supportable opinion and sign an appropriate affidavit, acceptable to the consultant, prepared by the USAO, based upon the findings of the consultant and the facts of the Case. Dr. Anna Salter must exercise neutrality and maintain independence. Dr. Salter shall determine the manner in which the services are to be performed and the specific hours to be worked by Dr. Salter. Dr. Anna Salter will be of good professional standing and moral character, generally board eligible or board certified in the area of specialty or having other appropriate qualifications through training or experience; to act as the USAO's litigative consultant in the Case, the rendering of oral and written opinions, the signing of affidavits, and directly consulting with the USAO. The full scope of Dr. Salter's work will be determined as the matter proceeds, and will be subject to the needs and requests of USAO. Occasionally , the complexity of the case requires more review hours than initially estimated. Any time it becomes apparent to Dr. Salter that she will need to exceed the time and cost estimates provided to complete her work, she will provide USAO with a revised estimate and shall proceed only after being granted permission by USAO. EFTA00187131 U.S. Department of Justice Request, Authorization and Contract for Services of Litigative Consultant Contract No. 7L-USA-04-0207 Addendum Attachment 2 Litigative Consultant Statement of Work Relationship of the Parties Notwithstanding any provision hereof, for all purposes of this Agreement Dr. Anna Salter shall be and act as an independent Dr. Anna Salter and not an employee of the USAO, thereby incurring all expenses associated with the work, including any overhead and other direct costs not directly related to the performance of this engagement. The USAO will not provide fringe benefits, including health insurance benefits, paid vacations, or any other employee benefit, for Dr. Anna Salter. Dr. Anna Salter shall make no representation as an agent, employee, partner, or joint venturer of USAO. Dr. Anna Salter shall have no authority to bind nor attempt to bind USAO or incur other obligations on behalf of USAO. Dr. Anna Salter is an independent Dr. Anna Salter and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, Workers' Compensation Insurance; and Dr. Anna Salter agrees to defend, indemnify and hold USAO harmless from any and all claims, damages, liability, attorneys' fees and expenses on account of an alleged failure by Dr. Anna Salter to satisfy any such obligations or any other obligation (under this Agreement or otherwise). If Dr. Anna Salter is a corporation, it will ensure that its employees and agents are bound in writing to Dr. Anna Salter's obligations under this Agreement. Confidentiality Dr. Anna Salter recognizes that the USAO has and will have privileged law enforcement information, as well as non-privileged information obtained from federal agencies and employees, and otherproprietary information (collectively "information") which are valuable, special and unique assets of the USAO. Dr. Anna Salter agrees that other than provided by law, will at no time or under any circumstances, directly, or indirectly, divulge, disclose, or communicate such information to a third party, or use it for its own benefit without the prior written permission from the USAO. Dr. Anna Salter may disclose such information to its employees and subDr. Anna Salters, who may be working on the case, in order to facilitate testimony to be provided by the litigative Dr. Anna Salter in person or by written report, unless notified to the contrary by the USAO. Dr. Anna Salter and its employees and subDr. Anna Salters, will protect the information and treat it as strictly confidential. EFTA00187132 In the performance of services under this contract, Dr. Anna Salter , its employees and/or its subDr. Anna Salters may be required to perform operations, have access to, or handle data which contain sensitive, proprietary, or privacy information or data such as, but not limited to, review or to an individuals' tax records or medical records (such as patient files or prescription records), or other materials containing individual tax or medical information (such as medical utilization reports from carriers, workers' compensation claim files, personnel files, or court records which include medical or tax reports). Dr. Anna Salter agrees that the following additional safeguards apply to such information: 1) Dr. Anna Salter shall be responsible for safeguarding the information or data while under the control of or available to Dr. Anna Salter and to prevent it from being compromised, altered, damaged, lost, or improperly disseminated. Dr. Anna Salter shall use such information solely for purposes of the particular court case. 2) Access to any such information or document should be strictly limited to persons with a legitimate and compelling need for that information, such as support staff needed to assist in the preparation of testimony in person or by written report . Dr. Anna Salter shall ensure that any such persons use such information solely or purposes of the particular court case and protect the confidentiality of such information. 3) Dr. Anna Salter shall ensure that all records are maintained securely so that access is strictly limited. 4) At the end of Dr. Anna Salter's engagement in this matter, all copies of such records shall be returned to the USAO. 5) All questions about these safeguards and the records which they cover shall be directed to the AUSA. 6) The confidentiality provisions of this Section hereof shall survive any termination of this Agreement. Conflict of Interest Dr. Anna Salter warrants that he is under no obligation to any other entity that in any way conflicts with this Agreement, that he is free to enter into this Agreement, and is under no obligation to consult for others in matters covered by this Agreement. Dr. Anna Salter shall not, during the term of this Agreement, perform consulting services for others in any related cases within the scope of this Agreement but shall have the right to perform consulting services for others outside the scope of this Agreement. If, for any reason, the USAO or Dr. Anna Salter determines that Dr. Anna Salter and/or an employee or subDr. Anna Salter of Dr. Anna Salter faces a potential, perceived, or real conflict of interest, the USAO shall notify Dr. Anna Salter or Dr. Anna Salter shall notify the USAO of the potential, perceived, or real conflict of interest and Dr. Anna Salter and/or contract employee or subDr. Anna Salter shall cease all work on or reassign the task or proceed at the discretion of the USAO. At the USAO's option, Dr. Anna Salter may provide an acceptable replacement. EFTA00187133 Government Liability The United States, its agents, agencies, departments, employees, and/or contracting officials shall not be liable for any injury to Dr. Anna Salter, its subDr. Anna Salters, agents, personnel, or damage to Dr. Anna Salter property unless the injury or damage is due to negligence on the USAO's part and may be recoverable under the Federal Tort Claims Act. Return of Records Upon termination of this Agreement, Dr. Anna Salter will deliver all records, notes, data or memorandum that was received from the USAO, and are in lk Anna Salters possession or under Dr. Anna Salter's control and are the USAO's property or relates to the USAO's business. Dr. Anna Salter may properly destroy this material upon permission of the USAO. EFTA00187134 U.S. Department of Justice Required Procurement and Payment Data for Contracts for Services of Expert Witness, Litigative Consultant, or ADR Neutral Contract/Purchase Order Number 7L-USA-04-0207 ertintrg a The Office of Federal Procurement Policy Act, as amended, 41 U.S.C. 401 et. seq., requires that the Government collect certain procurement data and then disseminate it to Congress, the Executive Branch, and the private sector. Prior to award of this Contract, the Contractor shall provide information responsive to the below data request. Data from this section will be entered by the Government into the Federal Procurement Data System - Next Generation (FPDS-NG) operated by the General Services Administration (GSA). The Contractor, prior to, or immediately upon. award of this Contract, shah furnish the information below to the Contracting Officer. a. Type of Organization (Place an "X" in the applicable Box to the left of all that apply) y Small Business • Non Profit Organization Small Disadvantaged Business State/Local Government Large Business Foreign Contractor Educational Institution Domestic Contractor Performing Outside U.S. Hospital Historically Black College/University or Minority Institution Service Disabled Veteran Owned Small Business Other Veteran Owned Small Business " "Small Business" Is defined as having average annual sales not exceeding $5 million. b. Women-Owned Business? y4 Yes 0 No c. Taxpayer Identification Number (TIN) (may be Social Security No. or Employer Identification No.) MINIMIIMIM d. Data Universal Numbering System (DUNS) [if you do n v D NS: contact DOJ Contracting Officer call or o to wvnv.dnb.com) le. Parent Company's Name (if applicable) f. Parent Company's TIN (if applicable) The Contractor, prior to or immediately upon award of this contract, shall furnish the information requested in Blocks b and c below to the address shown in block 15, page 1 of 2 of this contract (Form O8D-47), unless the Government determines that payment to the Contractor will not be made via Electronic Funds Transfer (EFT). a. Agency Information Name: U.S. Department of Justice JMD/Finance Staff Street Address: City/State/Zip: Washington, DC 20530-0001 Contact Person: or T el Facsimile: b. Payee/Company Information Name: R nit 0- (let \A- tr Street Address: City/State/Zip: TIN (or SSN if an IndNIdual): Contact Person: e'r . Telephone: c. Financial Institution Information O.-/ALk bainvt.1/4., Bank Name: Contact Person: Nine-digit ABA Routing No.: Telephone: Depositor Account No.: Type of Account &It , (checking/savingsnockbox) The Debt Collection Improvement Act of 1996 requires that most payments made by the federal government. Including vendor payments, must be made by Electronic Funds Transfer (EFT). A benefit of receiving payments by EFT is that your funds are directly deposited to your account at a financial Institution and are available to you on the date of payment. If you have questions regarding the delivery of rerNttance information, please contact the financial institution where you a If you have any questions on the completion of this form, please contact the EFT hotline. Finance Staff, Justice Management Division on Previous Editions are Obsolete Form OBD-47A (Revised 3-2005) Page 1 of 1 EFTA00187135