EFTA00213783
U.S. Department of Justice United States Attorney Southern District of Florida SOO South Australian Avenge, Sumo 400 Wed Palm 13 Flair& 33401-6235 ht Fax 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 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 Corporatt the BusinessReconis Certifications and InventoryForms and return everything to Special Agen at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beac 5933. Thank you for your assistance with this matter. By: Enclosures cc: Special Agen FBI Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Assistant United States Attorney 1:16605 EFTA00213784
imii••••••• United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records Hyperion Air, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY PGJ 07-103(WPB)-Tues./No. OLY-46 SUBPOENA FOR: PERSON ri DOCUMENTS OR OBJECT(S1 YOU ARE HEREBY COMMANDED to appear and testify before the GrandJury 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 Room DATE AND TIME May 8, 2007 1:00 pm* YOU ARE AISO COMMANDED to bring with you the following document(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 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. C1ERK (RY)DEPITTY CLERK DATE: Apia 24, 2007 This subpoena is issued upon application ofthe lni Nam, Address and Phone Number of Assistant US. Attorney Ann Marie C. Villafaita, Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West PalmBeach, FL 33401.6235 Tel: Fax: 'If no! applies* ever "nom." io lamed le Si of ACM0 FORM ORD-227 JAN.86 GROG EFTA00213785
U.S. Department of Justice United States Attorney Southern District of Florida S00 Au:waist:AK, WS 400 SW FL 334014235 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 Juryltrial at the time and place specified by completely filling out the attached Certification and immediately returning it with the records to Special Agent FBI et the following address: Federal Bureau of Investigation 505 South Flagler Drivo, 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 ASSISTANT UNITED STATES ATTORNEY OHO EFTA00213786
It. 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: DBBDB EFTA00213787
APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 00609 EFTA00213788
United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records MB, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Tues./No. OLY-47 SUBPOENA FOR: PERSON DOCUMENTS OR OBJECTS) YOUARE HEREBY COMMANDED to appearandtestify before the Grandrury of theUnited StatesDistrict . Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Cirand Jury Room DATE AND TIME: May 8,2007 1:00 pm° YOU ARE ALSO COMMANDED to bring with you the following document(s) or objets*); AR income tax returns, balance sheets, regulatory things, minutes of board of directors meetings, and documents required by or tiled with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 1/1/2003 to 12131/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, aad the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance • confirm the date and time, and location of with Special Agent ederal Bureau ofInvestlgation, 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) DEPUTY CLERK This subpoena is issuv.1 upon application DA7B: Apnl 24, 2007 Name, Address sad Phone Number of Assistant U.S. Attorney Ann Maxie C. Villa fans, Assistant U.S. Attorney 500 So. AustraticaAvenue, Suite 400 Tea: Ft= West Palm Be FL 334014235 no app To be swab IlnatA0110 FORM ORD.227 JAN.86 OBEID EFTA00213789
U.S. Department of Justice United States Attorney Southern District of Florida 500 S dartrallan An. &di. 400 Wal Pak &ea, FL 33401-6235 APPEARANCE NOTICE The attached subpoena requires the production of th e 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 arida; 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 and immediately returning It with the records to Special Agent BI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 gARLY VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to Mav 8. 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY HMI EFTA00213790
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: 06812 I EFTA00213791
i I.mil•P•m APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06813 , EFTA00213792
Ob/lb/XUUY 10:D1 tAA DOhousanal U.S. Department ofJustice United States Attorney Southern District of Florida .500 South Australian Ara, Suits 400 West Palm Beach, FL 35401 Facsimile: May 15, 2007 VIA FAC,SIMITS Jack A. Goldberger, Esq. Atte:bury, Goldberger & Weiss, PA. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Death, FL 33401-5015 Re: Subpoenas to JEGE, Inc. andllypetion Air. Inc 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, Inc. 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 I received a voicemail from Lilly Ann Sanchez addressing the subpoenas. Since you have provided awritten statement that you represent JEGE 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(c), I do not intend to discuss matters related to these subpoenas with other attorneys. . cc: Thank you again for your assistance, ,FBI By: Sincerely, R. Alexander Acosta Uni • States A m Assistant United States Attorney EFTA00213793
U.S. Department of Justice United States Attorney Southern District of Florida 100 South Australian Aram. ado 400 Wog Paha !loath, north' 3340i4235 Tea lc! June , 2007 Jack Alan Goldberger, Esq. Atterbury Goldberger et al 250 South Australian Ave. Suite 1400 West Palm Beach, FL 334015-5015 Re: Subpoenas to 1B(3E, Inc. and Hyperion Air, Inc. Dear Mr. Goldberger. Thank you for your response to the subpoenas issued to JEGE, Inc. and Hyperion Ai; Inc. 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 Fonn 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 Declined between January 1, 2003 and December 31, 2005. Thank you again for your assistance. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY B)11110111 Assistant tilted States Attorney EFTA00213794






