C) Jack Goldberger From: Sent To: Subject: On Jun 30, 2008, at 5:16 PM, ' wrote: Jack: \aismtsvi The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office are declining comment if asked. Assistant U.S. Attorney • West Palm Beach, FL 33401 1 US_Atty_Cor_00348 EFTA00235674

1/4 U.S. Department ofJustice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beath, FL 33401 (561)810-8711 Facsimile: (561) 820-8777 June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. US_Atty_Cor_00349 EFTA00235675

z U.S. Department of Justice United States Attorney Southern District of Florida 500 Sous* Australian AS*, Sa41. 400 West Pah back Plod& 334014131 May 14, 2007 VIA HAND DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger &.Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401-5015 Dear Mr. Goldberger: Thank you for your letter of May 19, 2007, and the documents attached thento. I have enclosed another copy of the grand jury subpoenas that were provided to Bruce Lyons, former counsel for Hyperion and JEGE,. on April 25, 2007. The time for responding has passed, so please provide the requested documents as soon as possible. Please also have the Custodians of Records of the Corporations com lete the Business Records Certifications and InventoryForma andretum everything to Special Agent at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beach, FL 33401- %53. Thank you for your assistance with this matter. Sincerely, • R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By. Enclosures cc: Special Agent FBI Assistant 'United States Attorney US_Atty_Cor_00350 OBBD5i EFTA00235676

United States District Court SOW-MIRY DISTRICT OF FLORIDA TO: Custodian of Records SUBPOENA TO TESTIFY Hyperion Air, Inc. BEFORE GRAND JURY FQJ 07-103(WPB)-Tues./No. OLY-46 SUBPOENA FOR: E PERSON ri DOCUMENTS OR OBJECT( Si YOIY ARE HEREBY COMMANDED to appear andtestifybefore the Grand Jury of the United StatesDistrict Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Beim Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(&) or object(s): All Income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referringor relating to the period of 1/112003 to 12/31/2005. For the period 111/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Pleas/ coordinate your compliance d confirm the date and time , and location of your appearance with Special Agent , Federal Bureau of Investigation, Telephone: (561) 822.5946. • 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. Pi DEPUTY CLERK DATE April 24, 2007 Its subpoena is issued upon application of the States of a1/41110fial or MilasianeNnmber uo.sfAsAsistantyU.S. Attorney 500 So. Australian Avenue, Suits 400 West Palm Bead, Ft 334014235 Tel: (561) 5204711 x3047 Pam (561) 802-1787 nine spestate error Tokiediiiief AM* FORM ORD-22/ 104.$6 OBBOG • US_Atty_Cor_ 00351 EFTA00235677

U.S. Department of Justice United States Attorney Southern District of Florida ta n ibillsigg ingt 061)8208711 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 Mai 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 juryltdal at the time and place specified by completely filling out the attached Certification and immediately returning It with the records to Special Agent FBI at the following address: Federal Bureau of Investigation 506 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 May 8. 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY TATES ATTORNEY 06607! US_Atty_Cor_00352 EFTA00235678

N. K. 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: US_Atty_Cor_00353 EFTA00235679

APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: OBB09; US_Atty_Cor_00354 EFTA00235680

mmr•m• z. United States District Court SOUTHERN DISTRICT OF FLORIDA (;) TO: Custodian of Records JEGE, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY Fel 07-103(WPB)-Tues./No. OLY-47 SUBPOENA FOR: O PERSON E DOCUMENTS OR OBJECT[S] YOUARE HEREBY COMMANDED to appear andtestifybefore theGrand Jury of theUnited States District Court at the place, date and time specified below. FLACK: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM • Grand Jury Roan DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): All income tax return, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referring or rotating to the period of 1/1/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance wit c ulymena and confirm the date and time, and location of your appearance with Special Agent (561) 8224946. Federal Bureau of Investigation, Telephone: This subpoena shall ranain in effect until you are granted leave to depart by the taint or by an °Mom acting on behalf of the court. • (BY)DEPLITYCIIPX This subpoena is issued upon application of the United States of Anarloa Oa_ Ne and Three Nambet of Assistant 118. Attorney Ann C. Metal% Agenda U.S. Attorney 500 or. Wisp Avenae, State 400 Wed Palm Brach, PI. 33401-6235 Td: (561) 820-8711 x3047 Far (561) 802-1717 temlamM*le,mt"nme TolawnillnionOM RAMORD427 MX16 OEM US_Atty_Cor_00355 EFTA00235681

• • l• U.S. Department of Justice ih Tiled States Attorney Southern District of Florida SOO S Australia Ave,. State 400 Wan Pals Bead FL 334014235 O41)8204M APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Juryarial 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 thadeclaration 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 Ce 111. and immediately returning it with the records to Special Agent , FBI at the following address: Federal Bureau of Investigation 505 South Nagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 &Nilo, VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to May 8. 2007. BY. Sincerely. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY US_Atty_Cor_00356 06611 EFTA00235682

• •t CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed bylassoclated with In the position of and by reason of my position am authorized and quailed 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: OGGI2 US_Atty_Cor_00357 EFTA00235683

• 1/4 •••••=0 aleS APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06613 US_Atty_Cor_00358 EFTA00235684

"VI!latrine, Ann Marie C. WSAFIS \)" elantatedol.go v> 09/26/2007 11:01 AM To cc bcc Subject RE: Other attorneys "Jay Lefkowrte [email protected]> Hi Jay — Can you give me a call at 561209-1021 this morning? I am meeting with the agents and want to give them their marching orders regarding what they can tell the girls. Also, please remove Babbitt and Searcy from the list There is too great a chance of an appearance of impropriety with Babbitt and I received a bad report about Searcy last night. Thank you. A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 US_Atty_Cor_ 00359 EFTA00235685