LAW OFFICES Or GE:RALD B. LEEPoourrr, P.C. A PROCESSIONAL CORPORATION I its EAST 76" STREET NEW YORK, NEW YORK motal GERALD B. LEFCOURT SHERYL E. REICH RENATO C. STABILE FAITH A. FRIED MAN ffnedmanaletcoullaw.com VIA E-MAIL A. Marie Esq. Assistant United States Attorney Office of the United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 July 18, 2007 TELEPHONE FACSIMILE Subpoena Duces Tecum dated June 18, 2007, to Custodian of Records, NES, LLC Dear Ms. I write concerning the grand jury subpoena duces tecum dated June 18, 2007, directed to the Custodian of Records, NES, LLC ("NES"). By agreement, a response is due July 24, 2007. NES is not in possession, custody or control of any documents responsive to the Requests made in ¶'s 1 through 5. With respect to Request ¶6, it would be a fair reading of the Request to conclude that it is intended to determine whether money laundering allegations can be made. I note that the subpoena was issued prior to our meeting on June 26, 2007, at which meeting the viability of money laundering charges was discussed at length. It was my understanding that, given that any such charge would require proof of specified antecedent unlawful activity, and there is no such proof, the government acknowledged that no such charge could be pursued here. On that basis, I would ask that you withdraw Request ¶6 since it would appear no longer relevant to any alleged crime under investigation by the grand jury. Additionally, the Request seems overbroad and, if you determine to pursue it, I ask that it be particularized. EFTA00223871