EFTA01247984.pdf

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561) 820-87!! Facsimile: (56!) 820-8777 February 26, 2007 DELIVERY BY FACSIMILE Michael E. Dutko, Esq. Bogenschutz & Dutko 600 S. Andrews Ave, Suite 500 Fort Lauderdale, FL 33301-2802 Re: Dear Mr. Dutko: As I am sure that you are aware, I would like the opportunity to sit down with yOur client, to conduct an interview. is not a target of the federal investigation but is considered to be a critical witness. We are trying to wrap up this investigation in the next few weeks, so I would like the chance to interview this week. I know that you were not available today and are not available tomorrow, but we can meet with you and any time beginning at 11:00 on Wednesday or any time on Thursday. If possible, we would like to meet at the U.S. Attorney's Office here in West Palm Beach. I have enclosed a "queen for a day" letter for your review. I look forward to meeting with you, and if you have any questions or concerns, please do not hesitate to call. Sincerely, R. Alexander Acosta By: Assistant United States Attorney Enclosure 1 3501.182-088 Page I of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00094158 EFTA01247984  U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 (561) 820-8711 Facsimile: (361)820-8777 February 26, 2007 DELIVERY BY FACSIMILE Michael E. Dutko, Esq. Bogenschutz & Dutko 600 S. Andrews Ave, Suite 500 Fort Lauderdale, FL 33301-2802 • Re: Dear Mr. Dutko: I am writing to clarify the ground rules for the interview with your client, Haley Robson ("your client"), to occur February , 2007. is not a target of this investigation, but instead is being interviewed as a victi witness. owever, to address any concern about criminal exposure, if your client complies with every provision of this agreement, then the United States Attorney's Office for the Southern District of Florida ("this Office") will treat all statements made by your client during the interview as statements made pursuant to Rule 11(0 of the Federal Rules of Criminal Procedure. This is not a grant of immunity, which can be given only with approval of the Justice Department, but protects your client from having the statements made by her during the interview from being used against her directly. To guard against any misunderstandings concerning the interview of your client, this letter sets forth the terms of this agreement. Your client agrees to be fully interviewed, that is, to provide information concerning your client's knowledge of, and participation in criminal activity, including but not limited to the procurement of prostitutes. The protection of this letter applies to an interview that will be conducted by this Office, Special Agents of the Federal Bureau of Investigation, and any other federal law enforcement agency this Office may require. Under this agreement, no information disclosed by your client during the interview will be offered in evidence against her in any criminal or civil proceeding, provided that your client complies with this agreement and that the information your client fumishes is truthful, complete, and accurate. If, however, your client gives materially false, incomplete, or misleading information, 3501.182-088 Page 2 of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00094159 EFTA01247985  MICHAEL E. Durxo, ESQ. RE: HALEY ROBSON FEBRUARY 26,2007 PAGE 2 then this Office may use such information in any matter or proceeding and your client is subject to prosecution for perjury, obstruction of justice, and making false statements to government agencies. Any such prosecution may be based upon information provided by your client during the course of the interview, and such information, including your client's statements, will be admissible against your client in any grand jury or other proceeding. The government also may use statements made by your client in the interview and all evidence derived directly or indirectly therefrom for the purpose of impeachment or cross-examination if she testifies at any trial or hearing, and/or in any rebuttal case against your client in a criminal trial in which she is a defendant or a witness. These provisions are necessary to ensure that your client does not make or offer any false representation or statement in any proceeding or to a government agency or commit perjury during any testimony. Your client further agrees that attorneys for the United States may be present at the interview, and agrees not to seek disqualification of any such government attorney from any proceeding or trial because of their participation at the interview. The entire agreement between the United States and your client is set forth in this letter. No additional promises, agreements, or conditions have been entered into and none will be entered into unless in writing and signed by all parties. If the foregoing accurately reflects the understanding and agreement between this Office and your client, it is requested that you and your client execute this letter as provided below. By: Assistant United States Attorney I have received this letter from my attorney, Michael E. Dutko, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my understanding and agreement with the Office of the United States Attorney for the Southern 3501.182-088 Page 3 of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00094160 EFTA01247986  MICHAEL E.DUTX0, ESQ. RE: HALEY ROBSON FEBRUARY 26, 2007 PAGE 3 District of Florida. I state that there have been no additional promises or representations made to me by any official of the United States Government or by my attorney in connection with this matter. Dated: Witnessed by: Michael E. Dutko, Esquire 3501.152-088 Page 4 of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00094161 EFTA01247987