PodhurstOrseck TRIAL & APPELLATE LAWYERS Aaron S. Podhurst Robert C Josefsberg Joel D. Eaton Steven C Marks Victor M. Din, Jr. Katherine W. Ezell Stephen F. Rosenthal Ricardo M. Martfnez-Od Ramona Rasco Alexander T. Rundle' John Gravante, CONFIDENTIAL' Ethics Counsel The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 September 22, 2008 VIA U.S. MAIL AND VIA E-MAIL Re: Request for Written Staff Opinion Dear Sir or Madam: Robert Orseck (1934-1978) Walter E. Beacham, Jr. Karen Podhurst Dern Of Counsel Attached as Exhibit "A" is a copy of a letter we recently received from Jeffre Hermann. Apparently he sent a similar letter A i tant nited States Attorney Attached as Exhibit "B" is a copy of AUSA letter to you. Her request, and your opinion, will effect how we proceed with this matter. Rather than repeating, or paraphrasing AUSA etter, we are writing to advise you that we agree with her summary of the relevant facts, and we too request your guidance. If you need any additional information, please contact me at my office, or on my cell phone at (305) 632-9230. Encl cc: Michael Tein, Esq., Counsel to the Putative Defendant In addition to the general rules regarding confidentiality Exhibit "B" relates, this letter relates to a confidential Non-Prosecution Agreement, and, accordingly, I would ask that the information contained herein remain confidential. Podhurst Orseck, P.A. 25 West Flask/ Street, Suite FM Nand. FL 33130 Miami 305358.2800 Fax 3053582382 • Fort Lauderdale 954463.4346 www.podborst.com EFTA00215824