t EFTA00289757
t U.S. Department of Justice United States Attorney Southern District of Florida 500 Scut% ihaunlian Aram, SIM 400 Was Pals: Beach, Ibrido 33401-6235 rib (560 820-8711 Fa (561) 820-8777 May 14, 2007 VIA HAM DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger St.. 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 10, 2007, and the documents attached thereto. 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 complete the Business Records Certifications and InventoryForms and return everything to Special Agent Kuyrkendall at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beach, FL 33401- 5933. Thank you for your assistance with this matter. Sincerely, It ALEXANDER ACOSTA UNITED STATES ATTORNEY ssistant nit tatesAttorney Enclosures cc: Special Agent la FBI OBBO5 EFTA00289758
United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records Hyperion Air, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY HGJ 07-103(WPB)-TitesiNo. OLY-46 SUBPOENA FOR: n PERSON DOCUMENTS OR OBJECT[Sj YOU ARE HEREBY COMMANDED to appear and testify before the GrandJury ofthe United States District Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401. ROOM Grand Jury Room DATE AND TIME: May 8, 2007 I:00 pm* YOU ARE ALSO COMMANDED to bring with you the following doownent(s) or °blea(s): All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or flied with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 111/2003 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 with this subpoena and confirm the date and time, and location of our appearance with Special Agent Federal Bureau of Investigation, Telephone: 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. CLERK (BY)DEP'JTY CLERK This subpoena is issued upon application 0 DATE: April 24, 2007 N Address and Phone Number of Assistant U.S. Attorney Assistant U.S. Attorney 500 . ustralian Avenue, Suite 400 West PalmBeacb, FL 33401.6235 Tel: • If nee appNable, niter 'none." TolcoodMI:otAtilio FORM ORD-227 JAN26 0660B1 EFTA00289759
U.S. Department of Justice United States Attorney Southern District of Florida SOO .1 Aiotralim Am.Suite 400 WW Palm Brock FL 31401-6235 (561)8204W 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 trial 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 jury/trial at the time and place specified by completely filling out the attached Certification e to and immediately returning it with the records to Special Agent FBI at the following address: Federal Bureau of Investigation 505 South Flaglor 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 ASSISTA UNITED STATES ATTORNEY 06607 EFTA00289760
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: 066061 EFTA00289761
APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: mons EFTA00289762
United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records MOE, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Tucs./No. OLY-47 SUBPOENA FOR: El PERSON DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appear and testify before the GrandIury of the United States District Court at the place, date and time specified below. PLACE: 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 being with you the following docoment(s) 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 referring or relating 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 with this sub Dena and confirm the date and time , and location of with Special Agent Federal Bureau of Investigation, Telephone: 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. (BY) DEPUTY CLERK This subpoena is issued upon application •If not ap$kabk, enter "none DAM Apnl 24, 2007 Nam Number of Assistant U.S. Attorney Assistant U.S. Attorney venue, Suite 400 Wes -6235 Tel: Fax: Tr bc osedolcuakOli0 FORM ORD•227 JAN26 OHIO EFTA00289763
U.S. Department of Justice United States Attorney Southern District of Florida 500 S. .4satratian Ave-, Sufic 400 West Pet Beach. FL 33O1.6735 WM820-8711 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand JuryfTrial 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 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 jury/trial at the time and place specified by completely filling out the attached Ce and Inventory and immediately returning it with the records to Special Agen FBI at the following address: Federal Bureau of Investigation 505 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. Sincerely. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: ASSISTANT UNITED STATES ATTORNEY 06611 EFTA00289764
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: 66612 EFTA00289765
•••••••P • APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06613 j EFTA00289766
VOIAD/XUU7 10:01 NIA 09/0904409, •• U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Back FL 53401 (561) 820.8711 Facsimile: OW 820-8777 May 15, 2007 VIA FACSIMILE . Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Subpoenas to JEGE. Inc. and2voeriouAir.lnc. Dear Mr. Goldberger: It was a pleasure speaking with you today. As we discussed, the deadlines for complying with the subpoenas to JEGE, Inc. and Hyperion Air, be. have been extended to May 29, 2007. If there are any categories for which no documents exist, please ask the Custodian of Records to provide a certificate of nonexistence of records. Also, following our conversation Ireceived a voicanail from Lilly Ann Sanchez addressing the subpoenas. Since you have provided a written statement that you represent MOE and Hyperion, I will assume that you alone serve as their counsel unless you tell me otherwise. With that in mind, pursuant to Rule 6(e), I do not intend to discuss matters related 3o these subpoenas with other attorneys. . Thank you again for your assistance, cc: Sincerely, R. Alexander Acosta Assistant mt a es Attorney EFTA00289767
U.S. Department %f Justice United States Attorney Southern District of Florida 500 Sotoh ounralton Avenue, SUM 400 Rot Pala Bead, Moeda 114014215 IW: (561) 8204711 Far (561) 820477? let 2007 Jack Alan Goldberger, Esq. Attcrbury Goldberger ct al 250 South Australian Ave. Suite 1400 West Palm Beach, FL 334015-5015 Re: Subpoenas to JEGE, be. and Hyperion Air, Inc. Dear Mr. Goldberger Thank you for your response to the subpoenas issued to JEGE, Inc. and Hyperion Air, bc. In the responses from each company, there are no lists of the corporate directors, board members, and shareholders (with the exception of the JEGE IRS Form 2553 and Hyperion Share Certificate). Please ask the Custodian of Records to provide a list of all corporate directors, board members, and shareholders from January 1, 2003 to the present. Please also ask the Custodian of Records to confirm that there are no records of any board of directors meetings that occurred between January 1, 2003 and December 31, 2005. Thank you again for your assistance. Sincerely, B. ALEXANDER ACOSTA UNITED STATES ATTORNEY Assistant United Stag Attorney EFTA00289768







