U.S. Department of Justice Criminal Division Public Integrity Section Washington. D.C. 20530 March 6, 2019 West Virginia Department of Commerce 1900 Kanawha Boulevard East Charleston, WV 25305 Re: Grand Jury Subpoena April 2, 2019 Dear Custodian of Records: Enclosed herewith please ?nd a Federal Grand Jury Subpoena directed to the Authorized Records Custodian of West Virginia Department of Commerce. Also enclosed is a Waiver and Certi?cation which, if properly executed and returned with the records subpoenaed by the Grand Jury, release you li-om your Grand Jury appearance on April 2, 2019. Please return a copy of the subpoena with the records. Please execute the acknowledgment section of this letter re?ecting that you have received and accepted service of this subpoena and return it to me. The Waiver and Certi?cation is to be returned with the records and documents by certi?ed mail addressed to: Simon Cataldo 1400 New York Ave 12?ll Floor Washington, D.C. 20530 Thank you for your cooperation in this matter. If you have any questions, please contact me at (202) 6 I 6-2464. Sincerely, ANNALOU TIROL Acting Chief Public integrity Section [do Simon Cataldo Trial Attorney Enclosures I acknowledge receipt and accept service of the above-referenced subpoena. Name Date .. UNITED STATES DISTRICT COURT for the Southern District of West Virginia SUBPOENA TO TESTIFY BEFORE A GRAND JURY To: West Virginia Deparunent of Commerce. Attn: Authorized Records Custodian 1900 Kanawha Boulevard East. Charleston, WV 25305 YOU ARE COMMANDED to appear in this United States district court at the time, date, and place shown below to testify before the court?s grand jury. When you arrive, you must remain at the court until the judge or a court of?cer allows you to leave. Pia-c; United TDate Ina m; 300 Virginia Street. East Room 2400 04i02l2019 9:30 am Chaneaton. WV 25301 You must also bring with you the following documents, electronically stored information, or objects (blank ifno! gplicabie): ee awached. Date; March 6. 2019 .. a C1: or Deputy Clerk The name, address, e-mail, and telephone number of the United States attorney, or assistant United States attorney, who requests this subpoena, are: Simon Cataido 1400 New York Ave 12th Floor Washington. 0.6. 20530 202-618-2464 TO: ATTN: ATTACHMENT TO GRAND SUBPOENA RETUHNABLE: APRIL 2, 2019 West Virginia Department of Commerce 1900 Kanawha Boulevard East Charleston, WV 25305 AUTHORIZED RECORDS CUSTODIAN MBETERS Records: The term ?records? encompasses all recorded information in whatever form it exists, including, without limitation, paper documents, electronically stored information, photographs, and audio or video recordings. The term ?records? specifically includes, without limitation, e? mail messages, text messages (also known as SMS or MMS messages), messages sent or received by electronic instant messaging programs, and all other similar electronic messages. The term ?records" also specifically includes, without limitation, all information stored on any computer, cellular telephone, tablet computer, or other electronic device capable of storing information. Records are requested in digital format, preferably PDF images. If digital format is unavailable, please provide hard copies of the requested records. All checks, money orders, or other negotiable instruments should be copied front and back in order to obtain endorser and clearing information. If provided, please return responsive records with a completed waiver of grand jury appearance. If a document demanded by this subpoena is withheld under a claim of privilege, or is otherwise withheld, provide the following information regarding the record: (1) its date; (2) the name and title of its author{s); (3) the name and title of each person to whom it was addressed, distributed, and disclosed; (4) the number of pages; (5) an identification of any attachments or appendices; (6) a general description of its subject matter; (7) its present location and the name of its present custodian: (8) the paragraph of this subpoena to which it is responsive; and the nature of the claimed privilege or other reason the document is withheld. SUBJECT and SCOPE OF RECORD RIQEEST Please provide records for the period beginning on January 1, 2014, and continuing through March 6, 2019, for the records specified below, as they relate to the West Virginia Department of Commerce and/or the West Virginia Development Office. SPECIFIC ITEMS EEQQESTED 1? All records relating to sponsorship contracts with The Greenbrier, The Greenbrier Classic, A Military Tribute at the Greenbrier, or Old White Charities, Inc. 2.All records pertaining to Amenity Agreements with The Greenbrier, The Greenbrier Classic, A Military Tribute at the Greenbrier, or Old White Charities, Inc. 3.All records of any communication with any person acting on behalf of The Greenbrier, The Greenbrier Classic, A Military Tribute at the Greenbrier, or Old White Charities, Inc., including, but not limited to: James Justice II James Justice (Jay Justice) Jillean Justice Habibi Mamone Tim McNeely Lawrence "Larry" Klein James Terry Miller Adam Long Summer Harrison Elaine Butler Elmer Coppoolse 4.All records of any contract exemption requests filed with the West Virginia Ethics Commission regarding continued sponsorship of The Greenbrier Classic, or A Military Tribute at the Greenbrier. 5.All records related to the appropriation of funds by the Department of Commerce and/or the West Virginia Development Office for The Greenbrier Classic, A Military Tribute at the Greenbrier, or Old White Charities, Inc. . All records related to the distribution of funds by the Department of Commerce and/or the West Virginia Development Office to or for The Greenbrier Classic, A Military Tribute at the Greenbrier, or Old White Charities, Inc. A0 110 (Rev. 06KB) Subpoena loTcstify Before My (Page 2) PROOF OF SERVICE This subpoena for (mm or organization) was received by me on (dare) El 1 served the subpoena by delivering a capy to the named person as follows: on (date) or l3 I returned the subpoena unexecuted because: i declare under penalty of perjury that this information is true. Date: Sewer is signature Primed name and title Server ?3 address Additional information regarding attempted service, etc: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA IN RE: GRAND JURY PROCEEDINGS WAIVER AND CERTIFICATION a Ihereby statethatlamthe__ of 'a er and as such I am the custodian of the records descnbed to appear personally, at the expense of the Umted States, before the Grand Jury in response to that subpoena, to testify under oath, and to produce the records called for by that subpoena. Nonetheless, I choose to waive that right. with the requirements of that subpoena. The records hereby produced were (1) made at or near the time of the ochm-ence of the matters set forth by, or from information transmitted by, a person with knowledge; (2) kept in the course of a regularly conducted activity; and (3) made as a regular practice of that activity. I declare under penalty of perjury that the foregoing is true and correct. Executed on Date Signature These documents were presented to the Grand Jury on Date (Signature of Grand Jury Foreman) UNITED STATES DISIRICT COURT FOR THE SOUTHERN DISTRICT VIRGINIA ADVICE TO GRAND JURI WITNESSES This advice is given to all Grand Jury witnesses as a general practice without regard to culpability. l. A Grand Jury consists of sixteen to twenty?three citizens who inquire into possible violations of federal law that may have occurred in this judicial district. Only the members of the Grand Jury, attorneys for the government, the witness under examination and a court reporter (and possibly a translator, if necessary) may be present in the Grand Jury Room while evidence is being presented. 2. You will be expected to answer all questions asked of you, except that you do not have to answer any question to which a truthful answer would tend to incriminate you, or if some other recognized legal privilege would apply. 3. An untruthful answer to any question may subject you to a prosecution for perjury. Anything that you say in the Grand Jury may be used against you by the Grand Jury or in Court. GENERAL APPEARANCE BEFORE THE GRAND JURI 1. Upon receipt of your subpoena, please contact the Assistant United States Attorney (AUSA) indicated on the subpoena to obtain the precise time that you are AUSA with your work and home phone numbers so that you may be contacted in the event 2 . You are not required to discuss your anticipated testimony with the AUSA before your appearance but may do so if you wish. 4. YOU MUST BRING PHOTO IDENTIFICATION AND YOUR SUBPOENA WETH YOU TO THE COUREHOUSE. NO CELL PHONES ARE PERMITTED IN THE GRAND JURY If you have any questions concerning your appearance, or other questions, you should consult your attorney, or you may contact the United States Attorney's Office at 304-3?5-2200. US. DEPARTMENT or- JUSTICE INSTRUCTIONS FOR FACT WITNESSES APPEARING ON BEHALF OF THE UNITED STATES GOVERNMENT (Not Applicable to Federal Employees) READ THE INFORMATION CONTAINED ON THIS FORM BEFORE YOUR COURT APPEARANCE. PLEASE CALL THE LISTED BELOW FOR INFORMATION REGARDING ARRANGEMENTS AND SPECIFIC ENHTLEMENTS. IF YOU HAVE A MEDICAL CONDITION 0R FAMILY STIUATION THAT REQUIRES SPECIAL CONSIDERATION. PLEASE THE INDIVIDUAL LISTED BELOW AS SOON AS POSSIBLE. CONTACT PERSONISI: Quintrell TELEPHONE NUMBERS: (304} 345-2200 I Jill-6594726 Thismaypteventawasted APPEARANCEIN ANOTHERCITY li?you are required to travel to another cit) to appear in court. immediately contact the inditidual listed above and request instructions. gnu will be deducted from your fees and ?litmus. REIMBURSEMENT 01" A. ATTENDANCE FEE: You will be paid a fee of?o per day. including travel thy: B. TRANSPORTATION: Call the individual listed above to obtain information on transportation. will be made for travel bythe Ieutexpenaive mediodrcceonahly available toyou Local Travel: The recommended method of travel in the local area ofcourt is "malt buefsubmy. 2. Privately Owned Vehicles You will be reimbursed the following arnoturte: (POV): 5 .55 per mile Any amount advanced to Automobile .58 per mile Airplane 51.2! per mile In addition to the drove mileage allowance. tolls. parking and other fees may be reimbtuaed. You must lteep a record of your odometer readings il? yen travel by or automobile. If two or more witnesses travel in the same vehicle. only one reimbmsernent fer mileage can be made. IF POV EXPENSES, INCLUDING MILEAGE. PARKING AND OTHER ASSOCIATED COSTS. ARE GREATER THE GOVERNMENT AIRFARE. YOU WILL BE RESPONSIBLE DIFFERENCE. 3. or airfare will be at the Govenunent rate. Reimhlmem WILL NOT be made for First Class mutations. tequem Flyer' tickets, orcharter service. DONOT ptl'd'tne non-refutdable tickets It?your maria date chooser is canceled. you WILL NOT be reimbtuaed for Wk tickete Ifyou have any questions concerning transportation arrangements, please contact the lndividuaksi listed C. MEALS: if it is necessary for you to remain away from home overnight, you will receive the following daily meal allowances: each travel day PLUS For each for day at court home overnight, you will be reimbursed for the ACTUAL COST of your hotelfmotel room whichmayootexceed S__'_pernight. includingtax. I"Seeltclow for allowances. YOU MUST RETAIN RECEIPTS ALL CLAIMS PARKING MUST BE SUPPORTED BY A RECEIPT. OTHER EXPENSES EQUAL T0 $75 OR MORE MUST BE. SUPPORTED BY A RECEIPT. WITH THE EXCEPTION 0F MEALS AND MILEAGE. Wiren you are advised that your mendanee is no boger required. you should request information regarding the payment of the lees and allowances outlined Voucher Will be submitted in the U5. Mm Service for payment. The US. Marshal Service will prone-semi: much require funds return you MUST notify the Ctmtaot Person indicated abate IN ADVANCE. OF YOUR TRAVEL requiring your Introduce will provide you with a Fact Wires; Voucher. You will be required to list your expenses on this Voucher. The er and MAIL the pa_tmem to you. It mu Becqu': 555.00 Meal Allow-ace and 3 94.00 Lodging Allowance Each Day- 5149.00 rm: Blue?eld: $55.00 Meal Allowance and 94.00 Lodging Allowance Each Dny- ?49.00 Total Chaleston: 556.00 Meal Allowance and $107.00 Lodging Allowance Each Day- ?63.0070?! Pukersburg: $55.00 Meal Allowance and 94.00 Lodging Allowance Each Day- 514930 Total Huntinlton: $55.00 Meal Allowance and 94.00 LodIinl Allowance Each Dar $149.00 Total Form DOJ-Z Revlled 103018