EFTA01245246.pdf

U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave., Suite 400 West Pain: Beach, FL 33401 Facsimile: January 24, 2007 BY Michael Salnick One Clearlake Centre 250 South Australian Avenue Suite 1203 West Palm Beach,FL 33401-5014 Re: Federal Grand Jury Subpoena Dear Michael: I am in receipt of your letter regarding Janusz Banasiak. As I mentioned earlier, Mr. Banasiak is not a target of the grand jury investigation and he has been subpoenaed solely as a witness. During our last conversation, you stated that Mr. Banasiak would be willing to speak with investigators pursuant to a Kastigar letter. Please let me know if that is the case and, if so, when you and Mr. Banasiak are available. If Mr. Banasiak is no longer amenable to an informal meeting, he must still appear pursuant to the subpoena so that I may ask him questions. If Mr. Banasiak improperly invokes any Fifth Amendment privilege, I intend to move to compel his answers. If you or your client is unavailable on February 6, 2007, please let me know' of another Tuesday when you are available. I also am concerned about a potential conflict of interest in yourrepresentation of Mr. Banasiak. In case of future litigation regarding this issue, please provide me with • information regarding who is paying (directly or indirectly) foryour services on behalfof Mr. Banasiak, the scope of your representation, and whether you are taking direction on this matter from anyone other than Mr. Banasiak. If any formal or informal joint defense agreements exist, whether in writing or otherwise, please provide a copy ofsuch agreements. If the agreement is purely oral, please provide a written summary of its terms. MM15-GRAND JURY SUBPOENAS-000015 3501.011-010 Page I of 2 CONFIDENTIAL EFTA_00055569 EFTA01245246 MICHAEL SALNICK, ESQ. JANUARY 24,2007 PAGE 2 I look forward to your response. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney MM15-GRAND JURY SUBPOENAS-000016 3501.011-010 Page 2 CONFIDENTIAL oft EFTA_00055570 EFTA01245247