OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
November 4, 2019

Robert D. Gifford, II
Attorney at Law

PO. Box 2682

Oklahoma City, OK 73101

Dear Mr. Gifford:

In response to your letter of October 22, 2019, allow me to address the Multi-County Grand

ury?s (MCGJ) role in law enforcement. One of the tools provided by the MCGJ is the use of
subpoenas duces tecum. The subpoena is used to gather information which is then analyzed to
determine whether or not a crime may have been committed. It is the practice of district
attorneys statewide to use this essential tool. As important as it is to law enforcement to gather
evidence supporting the prosecution of crimes, it is also vital that law enforcement have
suf?cient information to determine that no criminal wrong-doing occurred.

Prosecutors routinely avail themselves of MCGJ subpoenas. A request for a subpoena is made,
and MCGJ staff prepares a subpoena. The subpoena is then subject to judicial review prior to
issuance. If, after evaluation, the judge signs the subpoena, it is issued by the Court Clerk and
served on the proper party. For more than 30 years, district attorneys in Oklahoma have used this
process to gather evidence.

It is our practice to assist district attorneys throughout the State with investigations of possible
crimes. As a former prosecutor, I am certain you know that some investigations reveal evidence
of criminal acts and other investigations reveal that no criminal behavior occurred. It is not at all
unusual for a prosecutor to determine criminal charges should not be pursued after evaluating
material produced via a MCGJ subpoena. It appears that in this matter, that is just what happened
the District Attorney made the decision not to seek an indictment or ?le an information
after assessing material produced per a MCGJ subpoena.

As to your inquiry regarding an assistant district attorney?s alleged tax issues, this of?ce
forwarded your concerns to the Oklahoma Tax Commission in 2016.

And, ?nally, communication with Alan Grubb, District Attorney for District 23, indicates no
request for wiretap, or other similar investigation, was made to his of?ce. He has con?rmed that
he never had any conversation with David Prater about Kris Steele or the allegations in your
November 1, 2019, letter.

This letter serves as a comprehensive response to the requests you have made of our of?ce in
recent weeks, including your request of October 25, 2019, for cease and desist action. In the

313 NE. 215T STREET 0 OKLAHOMA CITY, OK 73105 - (405) 521-3921 - FAX: (405) 521-6246

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future and consistent with stande law enforcement practice, please contact local or state law
enforcement entities for review and/or investigation of such issues.

Sincerely,

Mary Ann Roberts
Chief Deputy
Oklahoma Attorney General?s Of?ce

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