Case Document 54 Filed 05/01/15 Page 1 of 3 US. Department of Justice United States Attorney Southern District of New York United States District Courthouse 300 Quorropas Street White Plains, New York 1' 0601 April 30, 2015 I ?a 926 EX PARTE AND UNDER SEAL BY HAND . in ?We ?t ma, m?na Wee Honorable Cathy Seibel United States District Judge United States Courthouse 91mm. lite?4L 119?? ?00 Quarropas Street - H. 1 ?Nuts; 0 ?Fa ~ivhite Plains, New York 10601 - . - Re: Dear Judge Seibel: On or about January 29, 2015, the Government moved to intervene in the attested? referenced civil action in order to stay discovery by the defendants of certain recordings (the ?Recordings?) in the plaintiff?s possession while the Government continued to conduct its ll 1 inal and civil investigations of possible criminal activity On February 4, 2015, the Court granted the Government?s motion and stayed discovery of the Recordings until May 4, 2015 subject to further order of the Court. The Government respectfully requ extend the discovery stay for an additional 60 days and stay discovery of th recording until the earlier of the completion of the Government?s investigation or such time as the contents of that recording become otherwise publicly known. The Government has continued to pursue its investigations in the two?month period since . . disclosure of the contents of the recordings would compromise the Government?s investigation. by enabling the witnesses .. I 0, among other things, obstruct the. investigation by tailoring their testimon to the evidence already in the Government?s possession. Th will mitigate that prejudice to the Case Document 54 Filed 05/01/15 Page 2 of 3 Honorable Cathy Seibel April 30, 2015 Page 2 of 3 Government?s investigation and, accordingly, the Government does not anticipate a further request to stay all of the Recordings at the conclusion of that process. The Government does respectfully request, however, that discovery of the recording be stayed until the earlier of the conclusion. of the Government?s investigation or the public disclosure of the contents of that recording. As the Court is aware, that recording concerns a conversation As a result, disclosure of the recording could still seriously impede the Government? investi ation. Because they are free, armed with knowledge of the contents of the recording, to manufacture evidence and tailor their, and others,? defenses to the Government's roof. For example, they could coordinate their defense in an attempt to explain away attempt to destroy documentary or other physical evidence that corroborates statements in the recording, and subject potential witnesses who were innocent participants in the recorded conversation to the risk of intimidation or subornation of perjury. Accordingly, the Government respectfully requests that the Court extend the previously ordered stay on discovery of the Recordings for an additional 60-day period to enable and, additionally, stay discovery of the Case Document 54 Filed 05/01/15 Page 3 of 3 Honorable Cathy Seibel April 30, 2015 Page 3 of 3 recording until the earlier of the conclusion of the Government?s investigation. or the public disclosure of the contents of that recording. Respectfully submitted, PREET BI-IARARA United States Attorney Douglas B. Bloom James McMahon Assistant United States Attorneys (914) 993-1934/1936