From: RM) Sent: Thursday, June 25, 2020 2:47 PM To: ) Cc: Subject: RE: Fo owing up Thanks. This is helpful. One clarification which they will seek - because it seems to loom large in their suspicions - is whether his statement will be provided to victims for purposes of civil litigation. I know this is not something that ordinarily happens (I don't think I have ever done this) - but I think we need to say something about that to move this forward. Maybe something like, "Absent a court order directing otherwise, the SDNY will not use or disclose the statement in any matter other than a criminal investigation, prosecution, or related asset forfeiture action initiated by the United States government." What do you think? From: (USANYS) Sent: Thursda , June 25, 2020 7:36 PM To: CRM Cc: Subject: RE: Following up =— Thanks for your patience. I've now had a chance to raise your suggestion on our end, and we are amenable to discussing a confidentiality agreement along the lines you propose, with some revisions. Below is our proposed language which we would be comfortable with. Happy to discuss our position further at your convenience. ThanksM Prior to the in-person interview: - From now until August 14, 2020, neither the witness nor any person representing him will make any statement to anyone (other than counsel) about the plans for or terms of the interview. Likewise, the SDNY agrees to make no public comment about the matter during this period. If an interview has not been concluded by August 14, this confidentiality agreement will not bar any further public or private comments on the matter. After an in-person interview: - If the witness completes an interview with U.S. law enforcement, both parties may confirm publicly or privately that: "the witness has met with law enforcement authorities in the United States and answered questions about matters under investigation. We will not comment further." Further comment by the witness or any person representing or speaking for him will void this agreement. - The content of the witness's statements to law enforcement as part of any interview arranged pursuant to the MLA will only be used or disclosed as permitted under U.S. law, including in connection with a criminal investigation or proceeding, as ordered or authorized by a court in the United States, or as otherwise required by law. Nothing in this agreement will bar any party from disclosing to a Court any communications related to setting up or executing the interview or the contents of the interview. From (CRM) < Sent: Tuesday, June 23, 2020 5:00 AM To: (USANYS) < ; EFTA00031515