From:(CRM) Sent: Friday, June 26, 2020 8:11 AM To: Cc: Subject: o owing up itness The UK could impose conditions on any evidence provided under the MLA treaty. Once the evidence is provided they typically send a letter to us saying that the evidence is to be used only for the purposes specified in the MLA request. Our MLA requests track the language of the Treaty, which gives us use in criminal cases and related forfeiture and administrative actions. It doesn't deal with FOIA or Touhy. (Since Touhy is discretionary, I assume we would just reject any requests for agent testimony on this topic.) Here is the link to the treaty on OIA's intranet page: http:thrmln05.crm.doj.gov:7778/Wportaliclocs/PAGE/O1A/TAB TREATY LIBRARY/MLAT/DATA/USEU.MLA.UK.PDF Here are the relevant sections: leo. Mutual legal asszstance shall also be afforded to a r-usonal atm-ass:se sthonty. :os Nip:1U collet stud a ties to a cninmal boo of the condort. or referral of the conduct to cnnustal =satiation of ;totems r..thontxu. p...-surs to Ion sp:afic adninunaut e or reguLuory authonty to umlestfise such ins sigson Sliest Sep] asszesree ray ito be affiseded to other adinimstrauseauthannes under such circumstances Assistance tall not be r. aslaNe foe metal in which the admeaserante ardent' mumps's the Pz prowess or referral. as appbubk. will take place Request; Sae ass:stance unite this paragraph shit be true ;tad between the Central Authcona den -wed pusuant to Angle 2 of dist Tres", or tens ten such other =bents m may be agremt by the Central Authortues ARTICLE 7 Confidentiality and Lune/mons on Use I. The Requested Party dull, upon request. keep confidential any information winch might mdieate thus request has been made oe responded to. If the request cannot be executed wither breaching ezeifidentiality. the Roam-sled Party shall so inform the Rema-sung Palsy. which shall then determine the client to which it wolves the request to be mcCuted. 2. The RequnOng Piny may use any metre< or aprons:ma obtained from the Requested Party (a) for the purpose of its avosnal immuganons aid proceedings. (b) for preventing an mumediate and salmis threat to its public *aunty; re) mm coo-eriminal sone a aSeastrime ;meadow &meth Meet to imestapose or pastas (0 (o) se feet m moparacaph (5). foe steel mutual Pp: maga= was .maned tides Sack I et ha) of this Treaty. WI ter re* orha p.n.s. If tbe endsr or information bat beat as& 'abbe spa the pass oda of preestass fo studs they see trettsamed. a to as of the stalcal described n st-SPflOPP‘s (5). (b) rat «k awl le) Tot aey ether purpose Y nub the p-sx comma of the feasuctue Party I (a) TS Ankh thall eel recy.Sce the abthey of the Rammed Parry et ICCOI0St nth tbs Treatymaps add.00ne «eons as a parboilar case • here the psalm fess far asset cos14 not be coshed sit she able ct of wet seasons. Where Wass) seSseets lase ate Reposed= assess with th.s seeing PS. Oa Re ls ed Path this MSS the htslistitinh Party le pet intoesson co the rude of Me mates or infamos_ is) Gab: remtcoces won rescem to the kph stardada ante Req.:sans Pm) fee pans -.4 'moral data ray nor be imposed qt' the Requested Par) as a coredge uefe, s.t.cinopn to so pens tsar <nista te 4 Where. frilown tie ices to to Recants Sty. thc Rescued Prey tests r. ere of nrcurostsei the may macaw wet m iStiosal corsthuse in PaaPoplat se. the Resist Pan ea, cecs with the Iteerathst Ps to determine Scats to iitsh die asks et =thesis se be ted EFTA00101536

ARTICLE IS Roes &Danes W Araks TMCereal Ately MIS Rearsiag Piny sing Ma ear* atm Anibal Fes In wads Ss inns elk OS Tv. A h practable mho **Caws! A/6n of tbe llama* hay • an n documents a legkes. From: (USANYS) < Sent: Thursday, June 25, 2020 11:48 PM To: Cc: FigiCRM) • tc > Sub . wing up > Thanks, And I'm sorry, my email was not clear --do you have a copy of the actual treaty? Curious as to whether the treaty itself contemplates limitations on use of information. Sent from my iPhone On Jun 25, 2020, at 6:45 PM, wrote: The MLAT is attached for reference, thanks. From: (USANYS) < Sent: Thursday, June 25, 2020 6:28 PM To: (CR Cc: Sub e : o owin Thanks, IM I appreciate the concern and am open to working to address it, to the extent possible. We, of course, would never simply turn this material over to a civil litigant, as you suggest. The problem is, irrespective of our intent, this is not Rule 6 material (unless, of course, he testifies before a grand jury), and we are trying to be mindful of not simply our criminal case, but obligations we may have under other aspects of U.S. law, FOIA and/or Touhy, spring to mind, for example. Again, we never voluntarily turn this stuff over, and we frequently oppose FOIA requests and the like to the extent we can under the law. But particularly given the history and concern, we don't want to make promises we may not be able to keep. Do you by any chance have handy a copy of the MLAT itself (if not, certainly happy to locate myself, just figured you might have it already). I'd like to see what, if anything, the treaty says about this subject. From: (CRM) Sent: Thursday, June 25, 2020 2:47 PM To: Cc: Subject: RE: Following 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." EFTA00101537