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. Martinez ad Ramona Rasco Alexander T. Rundle' John Gravante, CONFIDENTIAL' Ethics Counsel The Florida Bar September 22, 2008 VIA U.S. MAIL AND VIA E-MAIL Tallahassee, FL 32399-2300 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 to Assistant United 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 letter, we are writing to advise you that we agree with her summary of the relevant facts, and we too request your guidance. If ou need any additional information, please contact me at my office, or on my cell phone at trU bat Enclosures cc: , AUSA AUSA and Professional Responsibility Officer AUSA Roy Black, Esq., Counsel to the Putative Defendant 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. www.podluost.com EFTA00215950