Attorney-client privileged material Law enforcement sensitive B. Must search method be narrowest or least intrusive? No authority supports the proposition that the search method used to examine a computer's hard drive must be the "narrowest" or "least inirusive."4 As a preliminary matter, it is hard to imagine how to define these terms, impossible to see how an examiner would ever know, ex ante, if there may be a narrower way to achieve a goal, and questionable whether a court would be competent to answer these questions. Moreover, courts have repeatedly approved broad search methodologies where they sought evidence within the scope of the wa t. In general ,"[t]he touchstone of the Fourth Amendment is reasonableness." Florida I. Jimeno, 500 U.S. 248, 250 (1991). In United States,. Gray 78 F. Supp.2d 524 (ED. Va. 1999), for example, FBI agents searched four computers pursuant to a warrant in connection with unauthorized computer intrusions into NIH systems. While following routine FBI procedures, the CART agent "looked briefly at each of the files contained" on the hard disk, including .jpg files found in directories entitled "Teen" and "Tiny Teen." Defendant proffered expert testimony that the tool used by the agent could have been modified to determine, without viewing the contents of a file, whether it contained pictures or text. The Court refused to hold the government at fault for not performing this step. "The resolution of the motion to suppress does not turn on whether [the Agent] conducted the most technically advanced search possible, but on whether the search, as conducted, was reasonable.... [A]s computer technology changes so rapidly, it would be unreasonable to require the FBI to know of, and use, only the most advanced computer searching techniques." Courts are increasingly recognizing that due to the complexity of the ways in which computers can store data, and the ways in which data can be hidden on computers, restrictions based on file types may inappropriately limit the scope of a legitimate search. In United States I. Adiani 452 F.3d 1140 (9th Cir. 2006), the court observed that ...the warrant arguably might have provided for a "less invasive search of Adjani's [email) 'inbox' and 'outbox' for the addressees specifically cited in the warrant, as opposed to the wholesale search of the contents of all emails purportedly looking for evidence • reflecting' communications with those individuals." Avoiding that kind of specificity and limitation was not unreasonable under the circumstances here, however. To require such a pinpointed computer search, restricting the search to an email program or to specific search terms, would likely have failed to cast a sufficiently wide net to capture the evidence sought. Cf. Ross, 456 U.S. at 821, 102 S.Ct. 2157 ("When a legitimate search is under way, and when its purpose and its limits have been precisely defined, nice distinctions between closets, drawers, and containers, in the case of a home, or between glove compartments, upholstered seats, trunks, and wrapped packages, in the case of a vehicle, must give way to the interest in the prompt and efficient completion of the task at hand:'). Moreover, agents arc limited by the longstanding principle that a duly issued warrant, even one with a thorough affidavit, may not be used to engage in a general, exploratory search. 452 F.3d at 1149-1150. 4 It should be noted that although the government need not use the narrowest or least intrusive search methodology, some courts in the computer and paper document contexts have required ethodologies that to some extent limit government discretion amtprotect privacy. See. e.g. United States. Carey, 172 F.3d 1268,1273-75 (10th Cir. 1999); United States 11. Heldt 668 F.2d 1238, 1267 (D.C. Cir. 1982). 18 Case No. 08-80736-CV-MARRA P-000966 EFTA00228346

Attorney-client privileged material Law enforcement sensitive In addition, in United States Hill, No. 05-50219, 2006 WL 2328721 (9th Cir. Aug. 11, 2006), the Ninth Circuit addressed narrow versus broad forensic searches when it rejected an argument that law enforcement should have conducted a narrow, on-site search. The court recognized that investigators cannot predict what hardware, software and trained personnel might be required to do a limited search. The court ruled that an in-depth off-site review of the media based upon the warrant was reasonable under the Fourth Amendment, and it rejected any requirement for the warrant to describe the forensic methodology that would be used in the subsequent examination of the seized media. A similar conclusion was reached in United States'. Brooks, 427 F.3d 1246 (10th Cir. 2005). Brooks and other courts have observed that the discretion of the forensic examiner is best circumscribed by the particularity of the warrant, and not by the forensic methodology used to conduct the search. CCIPS supports this holding and recommends that prosecutors resist any attempt by magistrates to impose such requirements. C. Hash-filtering for known child pornography images The FBI has asked whether, after an image is obtained by forensic investigators, the law permits them to use hash filtering to examine hard drives for child pornography when their authorization to search does not include an authorization to search for child pornography? There is a solid argument that law enforcement may use automated computer forensic software to look for known child pornography images on a computer that is being searched pursuant to a warrant for an unrelated crime, provided that (1) the image was lawfully in law enforcement's possession, and provided that (2) the automated search process exposes no images to observation and will inform the investigator only about the presence or absence of illegal child pornography. However, this legal outcome is not at all certain, and there are a number of significant practical and policy problems that may arise from this practice. In the most relevant fact pattern, agents examining a hard drive under the authority of a warrant unrelated to child pornography run a positive hash set match against a database of the hash values of known child pornography. Such databases are maintained by the National Center for Missing and Exploited Children and by the FBI. Hash set matching for known files, such as those found in the operating system, is a built- in operation of most modern forensic tools, including Encase, FTK, and iLook. The proposal here would be to add known child pornography hashes to the current hashes routinely performed during the computer forensics process. A positive match for child / A hash value is a mathematical "signature" of a collection of data, such that it is extremely unlikely that two non-identical collections will share the same hash value. In hash set matching, hash values are computed for files of unknown content, and the results are compared with known hash values for specific files of known content. Hash set matching is often used negatively, to exclude from agent review files irrelevant to an investigation, such as known operating system files. This memo focuses on the positive use of hash set matching: the use of hash set matching to identify known files containing contraband, typically files containing child pornography. 19 Case No. 08-80736-CV-MARRA P-000967 EFTA00228347

Attorney-client privileged material Law enforcement sensitive pornography would then serve as a basis to obtain a new search warrant to search the hard drive for child pornography. In our opinion, there is a solid argument that such a procedure does not constitute an additional "search" under the Fourth Amendment, and thus does not require a warrant or an exception to the warrant requirement. An investigative technique is a "search" under the Fourth Amendment only if it invades a privacy interest. United States Jacobsen, 466 U.S. 109, 113 (1984) ("[a] 'search' occurs when an expectation of privacy that society is prepared to consider reasonable is infringed"). Although the procedure outlined here requires the computer to read every file on the disk into memory, it never exposes to observation the contents of any file. Consequently, there is a solid argument that it does not invade any privacy interests in those files, and is not a "search" of those files under the Fourth Amendment any more than making a backup of the image file would be a search. The only information the computer potentially would reveal to the examiner about the contents of any file is that one file's hash matches a hash of a known child pornography image. There is an argument that this revelation does not constitute a search, either, because it is analogous to the use of dogs to sniff for contraband. The Supreme Court has held that a canine sniff by a narcotics detection dog is not a search under the Fourth Amendment because it reveals no pvate information other I than the presence or absence of contraband. In United States I. Place 462 U.S. 696, 707 (1983), the Supreme Court held that an investigative procedure that (1) "does not expose noncontraband items that otherwise would remain hidden from public view" and (2) "discloses only the presence or absence of .. . a contraband item" is not a search. Place involved the use by DEA agents of a trained narcotics detection dog to sniff a passenger's luggage at an airport. Although ultimately holding that the warrantless seizure of the luggage violated the Fourth Amendment, the Supreme Court opined that the dog sniff itself was not a search. The Court found this investigative technique to be sui generic because of the "manner in which the information is obtained and in the content of the information revealed" by the sniff. a The Court explained: A *canine snif by a well-trained narcotics detection dog ... does not require opening the luggage. It does not expose noncontraband items that otherwise would remain hidden front public view, as does, for example, an officer's rummaging through the contents of the luggage. Thus, the manner in which information is obtained through this investigative technique is much less intrusive than a typical search. Moreover, the sniff discloses only the presence or absence of narcotics, a contraband item.... This limited disclosure also ensures that the owner of the property is not subject to the embarrassment and inconvenience entailed in less discriminate and more intrusive investigative methods. Id. The Court recently revisited dog sniffs in Illinois Caballes, 543 U.S. 405 (2005). The case involved a traffic stop for speeding and the issue was whether, absent any grounds for suspicion that drugs may be found, the use of a dog sniff transforms an otherwise lawful traffic stop into an illegal seizure. The Court held that the change in 20 Case No. 08-80736-CV-MARRA P-000968 EFTA00228348

Attorney-client privileged material Law enforcement sensitive purpose was irrelevant because the dog sniff itself did not infringe a constitutionally protected interest in privacy, citing Place. Id. at 837. The Court had earlier affirmed the use of dog sniffs in vehicle chec ints (although ruling unconstitutional other aspects of the checkpoints) in Indianapolis I. Edmond, 531 U.S. 32, 40 (2000). (Lower courts have spelled out one additional requirement for this test, which is implicit in the Supreme Court precedents: law enforcement agents administering the test "must lawfully be present at the location where the" use of the investigatory tool occurs. United States. Reed, 141 F.3d 644 (6th Cir. 1998).) The reasoning of these dog sniff cases could potentially be extended by courts to hash filtering for known contraband files Because child pornography is contraband, using positive hash set matching to identify known child pornography in a hard drive lawfully in law enforcement's possession could fit into the Place-Jacobsen rubric. First, a positive hash set match "does not expose noncontraband items that otherwise would remain hidden from public view." Place, 462 U.S. at 707. Nothing is revealed to the examiner about files whose hash values do not match a known hash value. Second, positive hash value matching "discloses only the presence or absence of . . . a contraband item." Id. Therefore, following this reasoning, use of hash set matching for child pornography is not a search within the meaning of the Fourth Amendment. Similarly, following the Supreme Court's analysis In Jacobsen, hash set matching for child pornography reveals only whether data is child pornography, "and no other arguably 'private' fact." Jacobsen, 466 U.S. at 123. Therefore, it "compromises no legitimate privacy interest." Id. Nevertheless, there is substantial reason for caution in performing hash set matching for child pornography when searching a computer pursuant to a warrant unrelated to child pornography. Although the hash filtering is arguably not a search conducted pursuant to a warrant, a court may nonetheless treat the hash filtering as part of the search authorized by the warrant that brought the data into law enforcement's possession, and then object to what it deems an attempt by the government to expand the scope of the search. The Supreme Court has warned against "exploratory rummaging in a person's belongings," and it has cautioned that searches pursuant to a search warrant "should be as limited as possible." Coolidge I. New Hampshire, 403 U.S. 443, 467 (1971). When the sole purpose of hash set matching for child pornography is to discover contraband outside the scope of the search warrant, courts may find that these principles have been violated. Ste Carey, 172 F.3d at 1273-75. Courts might also analogize hash set matching for child pornography to the hypothetical use of a narcotics detection dog during execution of a search warrant unrelated to drug activity. For example, when searching a house for child pornography, would it be permissible to bring a dog to sniff for drugs, under the theory that dog sniffs are not searches within the meaning of the Fourth Amendment? Although canine sniffs have been approved in a variety of public contexts, including airport baggage, parking lots, and traffic stops, we are aware of no circuit court case law that addresses the question of whether law enforcement may bring dogs into private spaces when their 21 Case No. 08-80736-CV-MARRA P-000969 EFTA00228349

Attorney-client privileged material Law enforcement sensitive presence is unrelated to the warrant being executed.° Given the dearth of case law applying the dog-sniff doctrine in the search warrant context, the use of hash filtering for child pornography carries litigation risks. The propriety of hash set matching for child pornography may turn on how broadly courts apply the rule that a test which does nothing more than indicate the presence or absence of contraband does not implicate the Fourth Amendment. In United Slates'. Thomas 757 F.2d 1359 (2d. Cir. 1985), the Second Circuit rejected a broad application of this rule. In particular, it held that a dog sniff outside a private residence implicated the Fourth Amendment. The court distinguished Place by noting the differences between the exterior of a residence and an airport: Thus, a practice that is not intrusive in a public airport may be intrusive when employed at a person's home. Although using a dog sniff for narcotics may be discriminating and unoffensive relative to other detection hods, and will disclose only the presence or absence of narcotics, see United States g metPlace, 103 S.Ct. at 2644, it ranains a way of detecting the contents of a private, enclosed space. Id. at 1367. Other appellate courts have rejected Thomas's attempt to limit the reasoning of Place. See United States Brock, 417 F.3d 692, 696-97 (7th Cir. 2005); United States'. Reed 141 F.3d 644, 650 (6th Cir. 1998); United States Linitenfelter, 997 F.2d 632, 638 (9th Cir. 1993); United States'. Colyer, 878 F.2d 469, 475 (D.C. Cir.I989). For example, in a case in which a dog searching for a possible burglar instead alerted to drugs belonging to the apartment's owner, the Sixth Circuit stated that Thomas "ignores the Supreme Court's determination in Place that a person has no legitimate privacy interest in the possession of contraband." Reed, 141 F.3d at 650. The Sixth Circuit made clear that it would not seek to limit Place: "We now take the opportunity to clarify that a canine sniff is not a search within the meaning of the Fourth Amendment." Id, If hash filtering for child pornography were to be employed, it would be critical to ensure that the files included in the hash set were limited to files known to satisfy statutory and constitutional rules for child pornography. The government must be able to demonstrate that the hashes in the database each correspond to contraband. Some courts might require that the database contain only contraband images; conceivably, other courts ` District courts have affirmed the rule that a dog sniff is not a search in cases involving an arrest warrant and a warrant to inventory property and ascertain its condition. However, neither of these cases raise the "general warrant" issues as clearly as the use of a drug-sniffing dot inside a private space during the execution of a search warrant in a non-drug case. In United States Mcindl, 83 F. Supp.2d 1207 (D. Kans. 1999), officers saving an arrest warrant used a dog to search for persons, but the dog instead alerted to drugs. The court held that lals long as the canine unit is lawfully present when the sniff occurs, the canine will is not a search within the mcanin of the Fourth Amendment." a at 1217 (citation and internal quotation marks omitted). In Tr i , 934 F. Supp. 1217 (D. Col. 1996), customs agents executing an in rem warrant for the purpose of inventorying property and ascertaining its condition brought along a drug-sniffing dog. Rejecting a claim against the officers based on qualified immunity, the court noted that "[p]rior case law clearly held that a dog miff was not a search." 14. at 1223. 22 Case No. 08-80736-CV-MARRA P-000970 EFTA00228350

Attorney-client privileged material Law enforcement sensitive might tolerate a rate of error in the database that is roughly equivalent to the error rate of typical contraband-sniffing dogs. However, to the extent that a low (or zero) error rate cannot be demonstrated, courts are more likely to view the hash examination as a search subject to the warrant requirement. If a defendant could show that any non-contraband files were mistakenly included in the government's database, he could argue that the basic requirements of the dog-sniff doctrine were not met, as the hash filtering could potentially expose private information other than the presence of contraband. A court could hold that the entire hash-filtering technique, like the thermal imaging in Kyllo I. United States 533 U.S. 27, 38 (2001), is constitutionally impermissible because the technique may reveal personal details in the hard drive that are unrelated to any crime. See also Caballes, 543 U.S. at 410 (distinguishing Kvllo from dog sniffs because the device in ]Cello "was capable of detecting lawful activity" and thus invaded the "legitimate expectation that information about perfectly lawful activity will remain private."). In conclusion, there is a solid argument that law enforcement may use automated computer forensic software to look for known child pornography images on a computer that is being searched pursuant to a warrant for an unrelated crime. However, this legal outcome is not at all certain, and there are a number of significant practical and policy problems that may arise from this practice. Even if there is no legal impediment to using computer hashes of known child pornography images to run comparisons against all seized media, we believe that there are important policy reasons for restricting this practice. The routine use of such hash comparisons for child pornography in all forensic examinations might be viewed by some courts as an alarming expansion of government intrusion. This could exacerbate already existing tendencies to subject the computer forensic process to unreasonable judicial limitations. Issue 4: Returns on computer search warrants We have been asked to examine legal issues relating to the process of returning warrants where electronic media has been seized. We believe that the return requirements of Rule 41(f) are satisfied when the inventory attached to the return contains a general description of the media devices seized. We do not believe that the inventory requirements of Rule 41(0 require the government to identify individual computer files that were seized, copied or inspected. Rule 41(0 requires an officer executing a warrant to "prepare and verify an inventory of any property seized," Rule 41(0(2), and to "return [the warrant}—together with a copy of the inventory—to the magistrate judge designated on the warrant," Rule 41(0(4). "The Rules do not dictate a requisite level of specificity for inventories of seized items," and whether an inventory is sufficiently specific is a question of fact. Matter of Searches of Semtex Indus. Corp., 876 F. Supp. 426, 429 (E.D.N.Y. 1995). When documents are seized, an inventory listing each of them is not required; such "specificity and particularization would not seem to be called for even under an extreme construction of Rule 41" in light ofjts requirement that an inventory be "promptly" filed with the magistrate. United States. Birrell 269 F. Supp. 716, 722 (S.D.N.Y. 1967). 23 Case No. 08-80736-CV-MARRA P-000971 EFTA00228351

Attorney-client privileged material Law enforcement sensitive A "primary purpose of the return requirement is 'to allow for proper identification of property taken by the aolice under the warrant and to protect the owner's rights therein.'" United States I. Russells 156 F.3d 687, 691 (6th Cir. 1998), citing United States,. Dudek, 530 F.2d 684, 691 (6th Cir.1976) (emphasis removed). The inventory's purpose is also "to enable the Court to determine—on the face of the warrant, return and inventory—whether the seizure was properly limited to the property identified in the warrant." I3irrell, 269 F. Supp. at 721. Other purposes include (I) allowing "for proper identification of property taken by the police under the warrant and to protect the owner's rights therein;" (2) "insulat[ing] the police against false claims;" and (3) "promotting) the truth-gathering process [by making certain] the warrant and its affidavit are available to counsel for inspection in preparation for trial." Russell, 156 F.3d at 691. When documents or data is seized, providing defendants with "a copy of everything seized" has been held to "obviate[] the need for a detailed inventory." Triumph Capital, 211 F.R.D. at 66. Providing defendants with "access" to paper records seized from an office also "obviates the need for a more detailed inventory" beyond one that simply identifies which file cabinets were seized. Semtex 876 F. Supp. at 429-30. Moreover, the failure to provide a sufficiently specific inventory does not justify exclusion of evidence, unless the defendant was prejudiced. We have not found any reported case where evidence (of any type) was excluded because of a failure to comply with the inventory or return requirements. In United States.. Gross 137 F. Supp. 244 (S.D.N.Y. 1956), the United States failed to file any inventory at all, never returned the warrant, and never gave the defendant a receipt or copy of the warrant. The Court allowed the Government to correct those errors by giving it ten days to comply. In Application of Designer Sportswear. Inc. 521 1. Supp. 434 (S.D.N.Y. 1981), after defendants complained that there were "several items that were neither inventoried nor returned [to defendants after search]," the Court held that the Government's offer to "permit Designer renewed access to the materials to identify the items" was "a sufficient response to this claim." Id. at 436. Thus, as noted above in section 2F, investigators should file inventories with returns that simply indicate the information or hardware devices that were seized (e.g., "image of one Seagate 260 gigabyte hard drive"). When agents copy data during the search and leave the original media behind, the inventory need only note that fact. As explained above, giving a specific list of files presents some risk of inviting suppression motions, should it become neccnary to investigate other files after the return of the warrant.' Should the court request more specificity than a description of the media device seized or imaged, providing the data owner with a copy of the data collected during the search more than satisfies the return requirement. 7 In Triumph the inventory filed with the return "indicated that [the agent] seized 'a mirror image of the hard drive to review for evidence as noted on Attachment B.' " and included copies of the specific files "seized" by the agent. Triumph Capital, 211 F.R.D. at 53. 24 Case No. 08-80736-CV-MARRA P-000972 EFTA00228352

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Case No. 08-80736-CV-MARRA -000974 EFTA00228354

Query Attorneys Page 1 of 3 2:04-cv-00059-KJD-LRL John J. Melk, et al., VS David Copperfield Kent J. Dawson, presiding Lawrence R. Leavitt, referral Date filed: 01/15/2004 Date terminated: 07/18/2006 Date of last filing: 07/18/2006 Attorneys Kenn Brotman 333 West Wacker Drive Suite 2600 Chicago. IL 60606 sstgne LEAD ATTORNEY ATTORNEY TO BE NOTTCED Susan J. Greenspon 333 West Wacker Drive Suite 2600 Chicago, IL 60606 ssigne : LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Haveles Arnold & Porter, LLP 777 South Figueroa Street 44th Floor representing Janet L. Melk (Plaintiff) representing representing John J. Melk (Plaintiff) Janet L. Melk (Plaintiff) John J. Melk (Plaintiff) David Copperfield (Defendant) https://ec Invd.uscouns.gov/cgi_bit4rtvAttlatIA8p9q90-MARRA 8/4;72W" EFTA00228355

Query Attorneys Page 2 of 3 Assigned: 03/03/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce R. Laxalt Laxalt & Nomura, Ltd 9600 Gateway Dr Reno, NV 89521 Assigned: 01/30/2004 LEAD ATTORNEY ATTORNEY P9 BE NOTICED James J. Pisanelli Brownstein Hyatt Farber Schreck 300 South Fourth Street Suite 1200 Las Vegas, NV 89101- Assigned: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED David A. Rammelt 333 West Wacker Drive Suite 2600 Chicago, IL 60606 (312) 857-7077 312 857-7095 fax Assigned: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED representing representing representing David Copperfield IDefinulant) Janet L. Melk (Plaintiffi John J. Melk (Plaintiffl Janet L. Melk (Plaintiff) John J. Melk (Plaintiff https://ecinvd.uscourts.govicgi-birnsrgleciaragi MARRA gp7M76 EFTA00228356

Query Attorneys Page I of 5 2:04-cv-01201-KJD-LRL MDL #1619-In Re: Musha Cay Litigation VS NA Kent J. Dawson, presiding Lawrence R. Leavitt, referral Date filed: 08/27/2004 Date terminated: 07/18/2006 Date of last filing: 07/18/2006 Attorneys John Karl Aurell pro hac vice Ausley & McMullen 227 S. Calhoun Street, P.O. Box 391 02 Assigned: 10/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Theodore L. Blumberg pro hac vice 230 Park Avenue 10th Floor 69 sstgne : 005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenn Brotman 333 West Wacker Drive Suite 2600 Chicago, IL 60606 Assigned: 10/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED representing representing representing Christian Jogodzinski (Defendant) Michael Gleissner (Defendant) David Copperfield (Defendant) Janet L. Melk (Plaintiff) John J. Melk littps://ecf.nvd.uscourts.gov/cgi -bin/Cqgg:6 04 -s8$1171W -MAR RA 77 01 8/ 0 EFTA00228357

Query Attorneys Page 2 of 5 (Plaintiff) Jonathan K. Cooperman Kelley Drye & Warren LLP 1200 Nineteenth Street NW Janet L. Melk Suite 500 representing (Plaintiff ~0036- Assigned: 10/28/2004 Susan J. Greenspon • 333 West Wacker Drive Suite 2600 Chicago, IL 60606 Assigned: 10/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Haveles Arnold & Porter, LLP 777 South Figueroa Street 44th Floor Los An eles CA 90017- Assigned: 10/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Janice H. Jensen Laxalt & Nomura, Ltd 9600 Gateway Dr Reno, NV 89521 • John J. Melk (Plaintiff) representing Janet L. Melk (Plaintiff representing John J. Melk (Plaintiff) David Copperfield (Defendant) representing David Copperfield (Defendant) . Case No. 08-8036-CYzMARRA https://eetnvd.uscourts.govicgi-bmkiryAttomeys.p11191t.19 0113416P EFTA00228358

Query Attorneys Page 3 of 5 Assigned: 02/15/2006 ATTORNEY TO BE NOTICED Bruce IL Laxalt Laxalt & Nomura, Ltd 9600 Gateway Dr Reno, NV 89521 Assigned: 10/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED James J. Pisanelli Brownstein Hyatt Farber Schreck 300 South Fourth Street Suite 1200 ssegne • LEAD ATTORNEY ATTORNEY TO BE NOTICED David A. Rammelt 333 West Wacker Drive Suite 2600 Chicago, IL 60606 representing representing representing David Copperfield (Defendant) Jeffrey Berkman (Defendant) Christian Jogodzinski (Defendant) Janet L. Melk (Plaintiff) John J. Melk (Plaintiff) Janet L. Melk (Plaintiffi CV MARRA 8b7288979 Imps://ecf.nvd.uscouns.govicgi-bin%51118tigaPhiui EFTA00228359

Quay Attorneys • • Page 4 of 5 Assigned: 10/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Marlene Koch Silverman Greenberg Traurig LLP 2375 East Camelback Road Suite 700 Assigned: 10/28/2004 TERMINATED: 06/20/2006 Martin B. Sipple pro hac vice Ausley & McMullen 221 S. Calhoun Street, P.O. Box 391 302 Assigned: 10/28/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Clark Walker 101 Park Avenue New York. NY 10178- Assigned: 10/28/2004 representing representing representing John J. Melk (Plaintiff) Janet L. Melk (Plaintiff John J. Melk (Plaintift) Christian Jogodzinski (Defendant) Michael Gleissner (Defendant) John J. Melk (Plaintiff) PACER Service Center Transaction Receipt r pi4f§a-MARRA https://ecfnvd.uscourts.govicgi-binFqat9Aitiihit &Sr EFTA00228360

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Attorney Notes from Document Review M oc ON 0 0 9 C. Case No. 08-80736-CV-MARRA EFTA00228363

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 40', West Palen Beach. FL 33401 (361)8104711 August 15, 2007 Case No. 08-80736-CV-MARRA P-001000 EFTA00228380

Sincerely, R. ALEXANDER ACOSTA STATES ATTO Y By: Case No. 08-80736-CV-MARRA P-00 100 I EFTA00228381

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Case No. 08-80736-CV-MARRA - - P-001009- - - - EFTA00228389

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001010 EFTA00228390

Case No. 08-80736-CV-MARRA P-001011 EFTA00228391

Case No. 08-80736-CV-MARRA P-001012 EFTA00228392

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001013 EFTA00228393

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001014 EFTA00228394

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001015 EFTA00228395

Case No. 08-80736-CV-MARRA P-001016 EFTA00228396

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001017 EFTA00228397

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001018 EFTA00228398

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001019 EFTA00228399

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001020 EFTA00228400

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001021 EFTA00228401

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001022 EFTA00228402

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001023 EFTA00228403

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001024 EFTA00228404

CONFIDENTIAL - ATTORNEY WORK PRODUCT • Case No. 08-80736-CV-MARRA P-001025 EFTA00228405

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001026 EFTA00228406

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001027 EFTA00228407

CONFIDENTIAL - ATTORNEY WORK PRODUCT Case No. 08-80736-CV-MARRA P-001028 EFTA00228408

Case No. 08-80736-CV-MARRA P-001029 EFTA00228409

1 Case No. 08-80736-CV-MARRA P-001030 EFTA00228410

2 Case No. 08-80736-CV-MARRA P-001031 EFTA00228411

3 Case No. 08-80736-CV-MARRA P-001032 EFTA00228412

4 Case No. 08-80736-CV-MARRA P-001033 EFTA00228413

5 Case No. 08-80736-CV-MARRA P-001034 EFTA00228414

6 Case No. 08-80736-CV-MARRA P-001035 EFTA00228415

7 Case No. 08-80736-CV-MARRA P-001036 EFTA00228416

Case No. 08-80736-CV-MARRA P-001037 EFTA00228417

9 Case No. 08-80736-CV-MARRA P-001038 EFTA00228418

10 Case No. 08-80736-CV-MARRA P-001039 EFTA00228419

11 Case No. 08-80736-CV-MARRA P-001040 EFTA00228420

12 Case No. 08-80736-CV-MARRA P-001041 EFTA00228421

13 Case No. 08-80736-CV-MARRA P-001042 EFTA00228422

14 Case No. 08-80736-CV-MARRA P-001043 EFTA00228423

15 Case No. 08-80736-CV-MARRA P-001044 EFTA00228424

16 Case No. 08-80736-CV-MARRA P-001045 EFTA00228425

17 Case No. 08-80736-CV-MARRA P-001046 EFTA00228426

18 Case No. 08-80736-CV-MARRA P-001047 EFTA00228427

19 Case No. 08-80736-CV-MARRA P-001048 EFTA00228428

20 Case No. 08-80736-CV-MARRA P-001049 EFTA00228429

21 Case No. 08-80736-CV-MARRA P-001050 EFTA00228430

22 Case No. 08-80736-CV-MARRA P-001051 EFTA00228431

23 Case No. 08-80736-CV-MARRA P-001052 EFTA00228432

24 Case No. 08-80736-CV-MARRA P-001053 EFTA00228433

25 Case No. 08-80736-CV-MARRA P-001054 EFTA00228434

26 Case No. 08-80736-CV-MARRA P-001055 EFTA00228435

, 27 Case No. 08-80736-CV-MARRA P-001056 EFTA00228436

EFTA00228437

Case No. No. 08-80736-CV-MARRA P-001058 EFTA00228438

)13*.LM BEACH NATIONAL BAN!" & TRUST COMPANY BR: PB RELATIONSHIP APPROVAL TICKET Prepared By: NJB Ill Name of .aPRROWER(S) Jeffrey E. Epstein ORIGINAL DATE First Request MACUNG ADDRESS 457 Madison Ave. 4th Floor OFFICER H. Loy Anderson, Jr. New York, NY 10020 OFFICER I 1 REFERRING OFFICER Nancy Bruno PHONE • y LOAN GRADE 3 •-TAX ID CS) OBLIGOR NUMBER igLATED Li.) • .3ORROViERS NAICS CODE I ;EE/ LAST APPROVAL OWING AS OF 8/1/02 ) 6/21/02 ) DESIRED BASIS 11/3.5% Fixed ;118 Annual Fee :14 5% Fixed . . rt. 4BU: ” . F: . 4iy • $25,000 /zuryvisosx; tarn( Morris "'OTALS $12,468 6,(17(a olva`f 6, If? S35,000 $25,000 $25,000 512,468 $60,000 Visa Business credit card (unsecured) INO NES, Personally guaranteed by Jeffrey E. Epstein Visa Business credit card (unsecured) INO Jebe, Personally guaranteed by Jeffrey E. Epstein PPROVAL 6/21/02 Date ase No. 08-80736-CV-MARRA P-001059 EFTA00228439

sass ronn rronuced by Equifax I User Reference: AWL Page 1 of 2 LaqiThallgi_rnatkril Date of Inquiry: 06/05/2002 UserlD: ANNL Subject Information: Name: SSN: ey Current Address: 457 Madison AV New York, NY 10020 ReppstResults DIM BEACON SCORE: 699 00022/00010/00008 ACCOUNT NOT PAID AS AGREED, PUBLIC RECORD OR COLLECTION AGENCY FILING PROPORTION OF BALANCES TO CREDIT LIMITS, TOO HIGH ON BANK/OTHER REVOLVING ACCTS TOO MANY INQUIRIES LAST 12 MONTHS SSN ISSUED-67 STATE ISSUED-NY • 048 EQUIFAX INFORMATION SERVICES LLC, P 0 BOX 740241, .ATLANTA,GA,30374-0241,800/685-1111 •EPSTEIN,JEFFERY,E SINCE 04/22/77 FAD 05/03/02 457,MADISON,AVE,NEW YORK,NY, 10022,TAPE RPTD 01/99 358,EL BRILLO,WAY,PALM BEACH,FL,33480,TAPE RPTD 08/98 265,E 66TH,ST,NEW YORK,NY,10021,TAPE RPTD 04/98 BDS 01 EPIRIMP M SSN VER - Y 02 EP-CONSIMTING PRES,J EPSTEIN CO,NEW YORK,NY 03 E2-,BEARS STEARNS FN -307 •SUM-02/77-05/02,PR/OI-NO,COLL-YES,FB-NO, ACCTS:11,HC$1000-205K, 10-ONES, 1-0TH ER. COLLECTION ITEMS LIST RPTD AMT/BAL DLA/ECOA AGENCY/CLIENT 10/98 12/98 $180 08/98. 465YC93 DRS BUSBUR $180 U IMAGING ASSOCIA STATUS/SERIAL UNPAID 2853977 FIRM / IDENT CODE CS RPTD LIMIT HICR SAL $ DLA MR (30-60-900MAX/DEL ECOA/ACCOUNT NUMBER OPND P/DUE TERM 24 MONTH HISTORY BKCARD SER*6680N9235 R1 05/02 1000 0 04/02 41 I 11/98 CREDIT CARD CHASE NA *426553859 RI 05/02 18600 0 02/02 28 I 03/85 CREDIT CARD CHASE NA *4960N598 R1 05/02 5500 16 05/02 43 I 10/98 10 CREDIT CARD BLMD/FDSB •404DC21 R1 03/02 2001 0 30 01/79 https://www.eport.equifax.coniledat/servlet/com.equifax.gtedat.ui.ResultRouter 6/5/2002 Case No. 08-80736-CV-MARRA P-001060 EFTA00228440

FACE In NES, LLC FOURTH FLOOR 457 MADISON AVENUE NEW YORK, NEW YORK 10022 It 61 March 31, 2005 Jeffrey Colonial Bank Re: Maim VIA FAICSIMILE Please make the follow! • Add a Security • Reduce Lapy If you have any qUesti Jeffrey Epstein TELEPHONE TELEFAX g changes to the above main account number •• • G. Hammond with a credit limit of $2,500 Social anon credit limit to $2,500. feel free to contact me at the above number. Case No. 08-80736-CV-MARRA P-001061 EFTA00228441

Vi5a Business Card Regula us 'The Undersigned Holder at, eS to the following terms and conditions: PALM BEACH NATIONAL BANK & TRusr COMPANY 3931 RCA Blvd Suite 3102 Palm Beach Gardens, FL 33410 I. Agreement. These regulations govern the possession and use of VISA Bulimas Cards ("card") issued by Palm Beach National Bank & Trutt Co ("Issuer') Each party that applies for a VISA Business Card is related to in these regulations as a Holder. Issuer shall establish an account for each pawn designated by Holder as an authotized user ("Authorized Lisa"). Holder consents and agrees to these regulations and to the terra contained on the cards, any sales drafts, credit adjustment memos or cash advance drafts signed by or given to Holder or any Authorized User. The provisions of these regulations, as they may be amended from one to tune as provided in these rcgulsimits, govern WAS:A obligations, notwithstanding any additional or different tents contained in the cards, sales drafts, credit adjustment memos and cash advance drafts or any other documents evidencing an account transaction. Holder authorizes an investigation or its credit standing prior to the issuance of cards and at any time thereafter, and authorizes disclosure of information to third parties relating to its credit standing If 1Iolder or Authorized User requests any VISA Business Card semen. Holder or Authorized User consents to the release of Holder's or Authorized Users persaml data to VISA USA, Inc. and its member financial institutions and/or their respective contractors for the purposes of providing such services. 2. Membership. A non-refundable annual membership fee of N/A will be assessed per card. Holder represents that cards will be used delusively for business parposes and not for personal, family, household or agricultural purposes. 3. Use of Card. Credit for purchases front a merchant or cash advances boon a participating financial institution may be obtained by presenting the card to the merchant or participating financial institution, and, if requested, by providing the proper identifying information and signing the appropriate drafts. Failure to sign a draft does not relieve the Holder of liability for purchases made or cash received. The card may also be used to obtain cash advances front certain automated equipment provided it is used with the correct personal identification number ("PIN') The amount and frequency of cash withdrawals and purchases may be limited. Except as provided below with respect to Holder's liability for unauthorized use where Issuer has issued ten (10) or mote cards at Holder's request, Holder will be liable up to a maximum of $50.00 for the unauthorized use of a card or PIN issued at Holders request for charges that occur before Issuer receives notification orally or in venting of loss, theft or possible unauthorized use of a card or PIN If Issuer has issued ten (10) or more cards at Holders request. Holder will be liable for any and all unauthorized use of a card Lhauthorival use is any use by an individual other than an Authorized User of without the knowledge or consent of the Itolder. Any use of the card or PIN by an Authorized User, or by any other with the knowledge or consent of the Authorized User, or Holder, is authorized use. Lost Sr stolen cards or PINs shook! be reported Inunedtmely to Issuer by notifying BaakCard Crater, P.O. Boa I I I I, Madison, WI 537/1.1111, Telephone (608)829.4100 or 1-/0O-221.5920. Holder shall be lable for all charges, fees and other costs that accrue on each account. 4. Credit Line. Holder will from time to time be informed of the amount of the approved credit line under each account established for Holder, and Holder covenants not to nuke, authorize or allow credit purchases or honor/Uses in excess of the mount However, notwithstanding such credit line, Holder is liable fa all purchases and borrowings made with its cards by it to by anyone authorized to use du cards S. Payment. Holder will be furnished at the address identified by Holder, a monthly statement for each account for each billing period al the end of which there is an undisputed debit or credit balance of $1.00 or more. The full amount billed ("New Balance") is due on demand. If Issuer does not demand payment of the New Balance on the monthly billing statement, either (a) the New Balance or. (b) a Minimum Payment of the greater of 520 or 5 V. of the New Balance. shall be paid within 25 days after the Closing Date of that billing statement Payments must be made at BankCard Center, Milwaukee, Wisconsin, 53288- 0200. Payments made at any other location may cause delay in crediting the account Payments received after 2:00 P.M. on any Monday through Friday, but excluding federal legal holidays, or at any time on any son-baakiag day will be considered as payments made on the following banking day All payments will be applied lost to wisest, sword to additional lets, if any, in the coda of their entry to the account, third to previously billed cash advances, purchases and other similar charges in the order of their entry to the account, and then to current cash advances, purchases and other similar charges in the order of their entry to the account. 6. Finance Charges. Interest shall accrue on each account as shown on the monthly statements. for each billing period in which there is a cash advance or the Previous Balance is not paid in full prior to the Closing Date of the billing nowt Interest ie tdmiplitied by •pplying the monthly periodic bate or 1.201% (ANNUAL PERCENTAGE RATE OF 14.5%) to the average daily balance of the account. To gel the average daily balance, we take the beginning balance of the account each day, add any new cash advances. credit purchases and other charges, and subtract any payments a credits, unpaid late charges, unpaid mental/up fees and ocher unpaid fees. This gives us the daily balance. FORS/moat REviSED Dated this 7 day of a) 7 . O \CGC N•nie of Holder (N f Cor don, Partnership, Proprietorship) By: Amhori ed Sig m , Title Then, we add up all of the daily balances for the billing cycle and divide the total by the number of days in the bulling cycle. This gives us the average daily balance. Interest accrues on credit purchases beginning on the date the purchase is posted to the account unless the Previous Balance shown on the elatement is paid in lull prior to the Closing Date of the statement. Credit purchases made during the statement pcnod and the Previous Balance will be excluded nom the calculation of average daily balance if the Previous Balance shown on the front of the statement is paid in full prior to the Clostng Dale. Ingest on cash advances begins to acz.ue on the date the advance is posted to the account Additimal interest on an account may be avoided by paying in full the New Balance shown on the account's monthly statement within 25 days afar the Closing Date for that statement. T. Additional Fees. Each account shall be subject to the following addl. DON] fees! (I ) $25 late charge if any minimum payment is not paid in full on is before the due date shown on the monthly statement issued invnethately after the monthly slatenrnt on which the unpaid minimum payment first appeals, (2) SI 0 for each cash advance; (3) $5 for replacement of a card; and (4) reasonable charges according to the then current lee schedule for additional copies of monthly statements, drafts and receipts requested. Fees imposed will be posted to the account. Foreign Transaction. If a IRIder's card is used to effect a transaction in a foreign currency, the transaction amount will be convened to U S dollars by VISA International VISA converts Reap currency to U.S. dollars using either the govemman mandated exchange rate or the wholesale exchange rate, in effect one day before the date of the conversion, as applicable. 'the exchange rate is increased by I% if the convey ions made in connection with a charge to an account and decreased by 1% if the conversion is made in connection with a credit to an account The date of conversion by VISA may diner front the purchase date and the posting date identified in the monthly statement for the account. Holder agrees to pay charges and accept credits for the converted transaction amounts in accordance with the terms of this paragraph. 9. Disputes. Issuer is not responsible for refusal by any merchant, finan• cial institution or automated equipment to honor or accept a card. Issuer has no responsibility for merchandise or services obtained with a card and any dispute concerning merchandise or services will be independently salkd by fielder with the merchant concerned 10. Default. Holder covenants to observe and comply with these regula- tions and not to permit an event of default to occur. Holder further covenants not to take any action or permit any event to occur which materially impairs Holder's ability to pay when due. Upon the occurrence of any one or more of the following dens of default. (a) Holder fails to pay at least the Matthews Payment when due, (b) Holder dies, cease/desist, changes residency to another state, becomes insolvent or the subject of bankruptcy or insolvency proceedings, te) I older fails to observe any covenant or duty contained in these regulations; (d) any item in any financial statement delivered by Holder to Issuer is false in any material respect when given; or (e) the occurrence of default under any agreement securing the obligations hereunder; the full amount of Holder's account shall, at Issuer's option become immailately due and payable. Holder agrees to pay all costs of collection before and after judgment, including reasonable attorneys' fees (including those incurred in successful defense or settlement of any counterclaim brought by Holder or incident to any action or proceeding involving Holder brought pursuant to the United States Bankruptcy Code). 11. Right of Setoff. Issuer has the right of setoff against any deposit account Holder maintains with Issuer to satisfy any obligations of Holder to Issuer. 12. Terudaatten. Holders consent to these regulations nay be terminated at any time by surrendaing the cards issued to Holder or at Holders request, but such termination shall not affect Holder's obligations as to any balances or charges outstanding at the time of termination. Termination by any Holder shall be binding on each Authorized User. Unless sooner terminated, the privilege to use the cards shall expire on the date shown on the cads. At any time, without liability to Hilda and without affecting Holder's lability for credit previously extended. Holder's privileges to use the cards may be revoked or homed by Issuer to the extent not prohibited by law. The cards are and shall reran the property a Issuer and Holder agrees to surrender than to Issuer upon demand Holder agrees to notify issuer immediately of any cancellation of an Authorized User's charging privileges. Holder shall mum to Issuer any cards issued to Authorized Users whose privileges have been terminated. 13. Amendments. Issuer may amend these regulations and may amend the charge tams from tune to tom and will nail to Holder at Holder's last known address as shown on the records of Issuer written notice of any such change not less than 15 days poor to its effective date, or as otherwise required by law. Inveltthly of any protosion of these regulations shall not effect the valuhly of any other provisions. 14. Governing Law. Holder agrees to be governed by Florida law with respect to all aspects of the transactions arising under these regulations. Case No. 08-80736-CV-MARRA P-001062 EFTA00228442

BUS:NESS CARD APPLICA110N PALM BEACH NATIONAL BANK & TRUST CO. BRANCH PHONE If TrNfTrr ill iniain SPECIFIC NIPURIEIM OFT,I II IT IMP M ESS ft INDICATE TITLE DESIRED ON CARD: D 000000 00000 IMEIDDEGOO (LIMITED TO 24 SPACES) BILLING ADDR 7 CITY: STATE: C/0 inti b isor i t y1/4 :_ 'VC& yoki- TVMD, ORGA IZATION (PLEASE CHECK): DATE BUSINESS ESTABLIS1E/D: VI CORPORATION 0 PARTNERSHIP O PROPRIETORSHIP PROVIDE NAME 0 CONTACT PERSON: 24...al— hl ZIP CODE: /0e) Z e-- TAX ID NUMBER: PHO PRINCIPALS/OWN ERS WILL BE REQUIRED TO PERSONALLY GUARANTEE ACCOUNTISI. PLEASE SIGN BELOW AND ON REVERSE SIDE. INDIVIDUAL INFORMATION MUST BE PROVIDED ON ALL GUARANTORS. .UARANTOR I. FIRST HUMBER: PREVIOUS ADDRESS. OWN OR RENT: 11 O--VNJ GROSS ANNUAL INCOME: HOME PHONE NUMBER: POSITIONXITH COWANY: ea -C ...A • MIDDLE INITIAL LAST MONTHLY PAYMENTS: IA ft, % OWNERSHIP: 100 TIME IN BUSINE.S2._ DATE OF BIRD GUARANTOR 2: FIRST NUMBER: MIDDLE INITIAL LAST DATE OF BIRTH: GCSE HOME ADDRESS: STREET: APT 8. CITY: STATE: ZIP CODE TIME AT ADDRESS: -PREVIOUS ADDRESS. r. STREET: APT g: CITY: STATE ZIP CODE TIME AT ADDRESS: OWN OR RENT: MONTHLY PAYMENTS: GROSS ANNUAL INCOME: HOME PHONE NUMBER: POSITION WITH COMPANY: % OWNERS] TIP: TIME IN BUSINESS- OFFICE PHONE ill \ IN.() RI ! NI IO 'I` I i‘IuAIV VUI s I \ I S AI till \ I •• BANK TYPE OF ACCOUNT IF LOANSECURED OR UNSECURED ACCOUNT NUMBER AVERAGE BALANCE Palm Bch Nat'l Bank & Trust Comp. Business Checking- _ 7) i /O /32 7S4R • LIST THE NAMES OF ALL AUTHORIZED SIGNERS TO WHOM CARDS ARE TO BE ISSUED FOR BUSINESS USE. NAME (PRINT) Dili -0 FROUlcigat S SIGNATURE LIMIT REQUEST S ID,o(9O C—iwtiky SOS Xi : l0 ow LA?-iii MD RRAXCild $ 'S es ) 00 TOTAL LIMIT REQUESTED lid I I i It BILLING OPTIONS: IF REQUESTING MORE THAN ONE ACCOUNT, PLEASE CHOOSE AN OPTION: 0 INDIVIDUAL ACCOUNTS BILLED SEPARATELY EACH MONTH WONE CONSOLIDATED MONTHLY BlUING STATEMENT CASH ADVANCE ACCESS CAPABILITY: K YES ANO AT QUALIFIED AUTOMATIC TELLER MACHINES K YES 5NO ANY BUSINESS CARD ACCOUNTS CURRENTLY HEW WITH THIS BANK?: O YES O NO ACCOUNT Applicant repsesatts that this information is trot and complete. and authorizes the creditor to vasty the information and obtain additional information concerning Company's credit standmg, and to furnish such credit information to others. Company agrees to be bound by and obligated according to the creditor's regulations. Applicant represents and warranu that the credit will be used primarily (SO% or mom) for other than personal, family household or evicultural purposes. Applicant understands that this representation is to confirm that no disclosures are required under the Federal Truds4n-Lending law. npplicam requeus esublulurent of an accamt for ash autlxetted use designated above or on the attached list, as may be amended in writing horn time to time by Applicant. Each web designated person is an authorized user and shall have the authority to use the account designated for such authorized user until the creditor is notifled in the contrary in writing by the Company. APPLICANT SIGNATURE: tUtINT NAME: yffitc DATE CORPORATE TITLE: Case No. 08-80736-CV-MARRA P-001063 EFTA00228443

If the applicant W the AreOialtl is approved, then the following Guaranty will be erratum ff the agitation Rr ir ...coma is not approved, then the follosaaGuarany es v.41 as' soul CONTINUING UNLIMITED GUARANTY For good sad valuable consiikneron, and for the psepamOs) pi inducing Palm Beach National Baia & Tthst Company ("Bank") to caked* nuke, renew, modify and or conning to canna male renew oo modify the Business Credit Card Accounlof jE1O (the "Borrower) the undersigned Guarantor Both and severally. if more Than one. "Gwitantal absolutely and uncondinonally guarantee and pronmes to pay to (lank Or as order, on &nun& in lawfully obtained legal Wader often Untied Slates Of America, the Account indebtedness of tic Borrower to Bank a the terns and coalitions set forth in tho Guaranty. Omar dm Gnus:M.113e bailey Of Goaratool t mantled sal the ebleestions of Gowns art Crionatnial NATURE OF GUARANTY Guarantor'. liability WWI this Guaranty shall be open and aommuotet for so hint as this Guinan tenant in force. Guarantor intends to guarantee al all limes the perfonnance and wonpt paymem when due, whether al maturity a earlier by ass& of beadsman w otherwise. Wel Account odd:admin. Accordingly. no patients nude upon the Account indebtedness will discharge a dinimish to continuing liability of Guarantor in connection wub any renames portions of the /tetanal naktatidacas or any of the Account slebeedans *hack mosettrengly arises or is laminar incurred w contacted Tin t nor a special guaranty. De:RADON OF GUARANTY This (Mammy will take effect when !tensed by Bank without the necessity of any acceptance by Bain, or any nonce to Guarantor or the AWACS). and will spangle nn full force until all Account indebtedness maimed or cuntoacied before receipt by Bank of any mike of rettabon shall lave been (idly and finally pad and satisfied and all other ibligatoons of Guaranior miler Ott Guaranty shall base &ea performed in foil If ()isogon( chats to nate this Guaranty, Guarantor may only Si So in mini Written rewi(atiOn of In, Guaranty will apply only to advances or ne w Account indebtedness crewed after actual receipt by Baal of Giaratael *Mato levee ation All Gist Mary and G aaaaa tor's obligations hereander remains filly enforceable Irrespectlit of any claim, defense or counlerclaim *Nab borrower may uteri on the Account " &heathen, including but not hated to failure of consideration, breach of warranty, payment, and isle of frauds, f Bmllatou, accord and safislaccion, and usury, sauna of • lath Guarantor hereby waives along with say sanding by G aaaaaa or to assert any sad dais, defense or comae, claim UARANTOSCS AUTHORIZATION TO PALM BEACII NATIONAL BANK & TRUST COMPANY Guarantee authoran Bina, Cahn before wants any revenallOR hereof, wetland notice or demand and without Unease Guaramoes liability wader this Guaranty, from lane to time to alter, goppkmaga, compromise, modify, remw, egleath terminate, aCcearalei waive or otherwise change one or more times 1M Ow for payment or other terns, "wideness, or provision's of 1M Aces's'. ”LAKAN tOn S rldrff one:alAT:OHS AND WAFUt.sNT IE.& Giarai-ot ransom and •varranes to Lank Ili. ia) no represtutions or agrrtineels of any kind last been made to Guarantor which woad haw or qualify ia any way the trim of inn Guaraay, th)Guaraasca has, to at on satisisloon independently insiestsgated (and rele calumet, aH, ia Burrowers credit hussy. Or) 14000sfer payment hniory with own, if any; and onis Borrower's past. current and protected Nasal condition. tel Upon Band's request, Guarantor will provide to Bank fins it al aid credo information in form acceptable to Ilank and (d) Guarantor has established edema& means of obtaining room Borrower on a continuing basis informabon regarding Borrower's financial condition. Guarantor agrees to keep adequately informed (tom such means of any fact'. cants, or cittuonsUmn which might many way affect Guarantor's rusks under thou Guaranty, and Genoa( lunar agrees thin absent a request for mammas,. Dank shall have no obligation a disclose to Guarantor any isafOrinalarse0C diximenta bewared by But in the came an relationship with Borrower GUARANTOR'S WAIVERS Except as wolitned by applicable law, Guarantor wanes any right to requare Bank (a) 10 male any poesemment. protest. demand, or notice of any loot including at ice of any nonpayineni of the Moose rndebtedneas or notice of any action or nonaction on the pan of liOrnavief a (0) to resat fat payment or to proceed dearly or at once against any person. including Borrower or any Other Guarantor 'r cow or beitaffer Borrower than be or bean insolseanGuannaw hereby forever wanes aid Ithonenha a favor of Bank sal Donovan. and then fetpetint tucceSSOrl, any Clack right or randy to payment Guarantor may we have or beater have or acquire again Borrower that arises hereunder and/or performance by any guanine! including *dad Imutatiogu. any chum itmedy or right of aubroration, feznibuttement, nonunion, indemnifitation, or panicipaion in any claim right a remedy of Bank against 90/10WC/, whether or not such Claim light of remedy oases m equity, under contract. Hahne. COMO,' law or Nitrite, by subrogation or (dengue. so that at no time shall Guarantor be or become a "Creditor" of Borrower within the meaning of i I S.C. Section 347(b), Or any siteessor provision of the Federal bankruptcy taws unarms also waives my and all ruts or defenses arising by reason of any CACAOS of renethes by Bank winch destroys or otherwise adversely affects Guano:ors subrogation rights or sharamor's tights to proceed awns Borrower for reimbursement, exhaling without lierManon, any loss of rights Guarainot may sutler by reason of any law limning. qualifying, or discharging the idicount indebtedness. If partite is nude by lionOwer, whether voluntarily or othenvue, or by any third parly, on the Account indebtedness and thereafter Bank is forted 10 rant the 'mouth of 'Tit !laymen, to Ilionowes twice in bankrupicy or to any similar person under any federal or state baakaiscy taw et law for the relief oration. the Indebtedness dub be considered unmet for the Name of enforcencaa of Ibis Guaranty. This provisoion shall survive IC fnealtaael of this Guaranty. RIGHT OF SETOFF. Guarantor authorizes Nut to the eats perrnated by applicable law, to abuse, withdraw of setoff all sand owing on the Account against any and all the accounts set forth below in the Accounts section without prior &nand or 1101ICC 10 Guaranior, ACCOUNTS. Accounts shall imlude all Guarantor's deposes, accounts (whaler checking unap, anent other scours) or securities now or hereafter is the poseestam of or as depose Wok Bank or with say Bast's afranoic or subsidiary ishathog tithed hinsuitioo at accounts held pan& tub mown else and an aconite Guarantee nay open on the future, aslant however. all IRA. Keogh and Milt 11CONSill MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of ihn Guaranty. Aniesdatems That Guaranty combines the care mcknuadeig, lard agreement of the panics swathe Damn Mt IOW is this Guaranty and saermas all poor uidenundang and cwtespowanca. o al cut erscm v. in rehne.t to the cobs a lamer liconf. No sherancia nfkr anenament so this Guaranty tall be effective unless given on Writing arid signed by the Pane' or pane sought io be charged or bound by the alteration or amendment. %pp& able Law This Guaranty shall be governed by and construed in aCCOrdanc. *Aiello tan of the snug where the lawns Dank referenced whom nniums as orwspal office 'a lieraey's Fe.; Camases trualavacer agrees to pay upon &mid all of Bout's costs said camas, be haling reasonable sitomey's fees and Bank's legal cape:nes, arc untd nn COMICCIAM with the .*tout or the entecemene of this Guaranty Bank may pay someone else so help enforce this Guaranty and Guarantor shall pay the costs and expenses of such enlacement. Costs and eupenies nuclide Bank's reasonable aitooneys' fees and legal eapemes whether or mat there is a lawsuit for bankruptcy proceedings (and including efforts to modify or vacate any IMMIUM slay or thong took appeals, and any ainapaied post-eudgmem collation tents Guarantor also stall pay all coon emu and salt additional fees as nay be Snead by the court fmarpretatioa in all cases where there is non than WC Borrower or Goa/anion data all words used in this Guaranty in the &angular shall be deemed to have been tune n. the plural w hue the • next arid constriction so tiaint, and wen there is more than ere Borrower named on this Guaranty a when this Guaranty as cataloged by more tam one Guarantor, the word IMnower and 0unantor" respectively shall mean all aid any one or mon of them. The words "Guarangor." "Borrower," and 'Bank: include the heirs, successors, assigns, and transferees of each of thent ljaption headings M this Guaranty are (or COrreenttliCe pWISHs only and are not to be used to interprel a define the prosaism of this Guaranty. If a COW of competent jatditioa finds any .iuvoston of this Guiana in be invalid or unenforceable as to any person a lifetienfairCe, such fudug shall not render that peontioa mould or unenforceable as b any other Pusan or circwomames, ad all provisions of that Guaranty in all other recants shall noun valid and eisforceade Waiver. Dank shall not be deemed to have waived any 'salts under On Guaranty unless such waiver is given in caning and signed by Bank- No delay or omission on the pan of Bail in CACM‘Ant any tight shall operate as a waiver of such right Of any oilier right A waiver by Bait of a provision of this Guaranty Mall not prejudice or consulate a waiver of Bank's nghg otherwse to demand tact compliance with that provision or any other provision of this Guaranty. No prior waver by Bak. not soy cows of dealing between [lank and Guarantor, shall osmium a noel of my of Bank's aghu or of any orGatintat's obligations as to any future bastion Whenever to /aeon of Barn ts Mona ski this Gowan, y. the granting of such canter by Bart in any meant shall War Kierneint sanssing contra m sdnetsent instances where such consent is required ad in all aka seacoasts may be paroled or withheld n the sole disunion' of Bank. There are Costs associated with at use of this credit card. For specific infotinstion regarding the cons, please write us at Palm 'leach National Bank & Trial Company, P O. Box 14211. North PAM Beach. Florida 13401 or call in at $e l-0244701 Tie ,der signed caulks that all Wresitrall in this Applicaina and on each dannent required to be eructed m connection herewith, imleilang federal Saline la MUM/ MC vac current ad Oinapket- The undersigned "Morass Pahu Beath National Ranh & Trust Company to rely upon luck fakments, mike such inquires, and gather such 11110111.111081 as Palm lksh National LIMA er Trust Company deeus natant y and reasonable to venfy any information provided to Palm Beach Manorial Bank & Trust Conpany on this Application on any such required doewain including inmates to the Internal Revenue Service, busmen credit reporting and credit bureau agencies and assottalsourg, and further authorizes Palm Beach National Bank & Truce Conesay, a muting tOrrIPMY and arrthrlaCS and related thence corporation to exchange thin application, the skintaium COotained in or necretied with this Application and all Malang relationship =Manton nth radii ors"• ace a IL bnions tinder raparting a irtula lista >awes dad association rid credence of se .c.,:cr..sned. The uninsiand bather Arm ramify Palm DeaM, NEWMI tent A aw Company sons& of any MAKIMI change on any such traforniation The uadersIgned certifies that he/she Ms full authority to act oa behalf of Applause la mamanon with etas credit requesl- iluCH UNIVISIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF T HIS GUARANTY AND AGREES TO ITS TERMS. "'ARANTOR NAME PRINTED irFfn SIGNATURE DATE rt- \ II IX/CIAO NIAIION NI L0 1111 \II NIS Please deliver your conerkted appliance along with the squared Sturm& to your Palm Beach NahoraIltart & Gnu Caspian rartscrubse for processing Case No. 08-80736-CV-MARRA P-001064 EFTA00228444

Key Policy Exceptions Credit History Loan-to-Value Ratio Debt-to-Income Ratio Satisfactory Appraisal Debt Service Ratio Personal Guarantees X Financial Statement/Application/Tax Returns Constr. Loan Ratios I Appropriate Terms/Amortization No Policy Exceptions 4 I Closing Requirements No Termite/Roof Insp. No Deposit Rcl'shp Policy Exceptions must be explained in the POLICY EXCEPTIONS paragraph of the Loan Presentation Write-Up. DEBT RANGE: (CREDIT LINES) 1. MAXIMUM _MINIMUM LAYS OCT OF DEBT: 2000-2001 1999-200 1998-1999 ACCOUNT TYPE DIRECT RELATED TOTAL Avg. Collet Lend. Bal. Avg. Collec Lend. Bal. Avg. Collected E. i DDA 0 0 0 0 0 _ Money Market 0 0 0 0 0 Time 0 0 0 0 0 . Savings 0 0 0 0 0 Total 0 0 0 0 0 Profitability Average ( Months) $ 'SUMMARY OF BANKING RELATIONSHIP: (date opened, account numbers, related accounts, etc.) ACCT# DATE OPENED Mar-91 Mar-91 Jan-94 Oct-97 Jan-01 Aug-99 MB S 5,512 S 87,143 ilM/MINH/O 1)Ittfrt‘O $ 4,866 S 54,533 S 113,800 FEES PAID LOAN IN CASH FINANCE PROCEED OTHER: ()AN FEE •:)C STAMPS (TANGIBLE TAX !EN FEES :CC FILINGS mTEREST ,THER: SIGNERS & TITLE: CHECK/ ACCT WIRE OTHER: 'NYMENT METHOD: COUPON "AN DATE: TBD FIRST PAYMENT DATE: Standard Case No. clkitp7315-CV-MARRA P-o0 I OD) BILLING X AUTO CHARGE It DOCUMENTS NEEDED: TBD EFTA00228445