Case 1:16-cr-00093-FPG-HKS Document 10-1 Filed 09/27/16 Page 1 of 21

United States v. Arthur Jordan

16-CR-93-FPG

DEFENDANT'S
EXHIBIT A
 Case 1:16-cr-00093-FPG-HKS Document 10-1 Filed 09/27/16 Page 2 of 21

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORI<.

UNITED STATES OF AMERICA, CRIMINAL NO. 16-CR-93-FPG

v. AFFIDAVIT

ARTHUR JORDAN,

Defendant

STATEOFNEWYORIC )
COUNTY OF ERIE ) ss:
CITY OF BUFFALO)

ARTHUR JORDAN, being duly sworn, deposes and states:

1. I am the defendant in this matter.

Facebook

2. .To the best of my knowledge and belief, my Facebook settings were fully private.

3. No one should have been able to see my "wall" - the part of a Facebook profile

where "posts" and "status updates" appear - unless I personally permitted them to do so.

4. Also, no one could post anything on my Facebook wall without my personal

pe1mission.

5. The only way that my Facebook "friends" should have been able to see my posts

was in theil' own "newsfeed" - the constantly updated screen that a Facebook user sees first after

logging in, which contains posts, status updates, check-ins, and so on, from friends of the user.

6. I did not give any law enforcement officers pe1mission to see or post on my

Facebook wall.
 Case 1:16-cr-00093-FPG-HKS Document 10-1 Filed 09/27/16 Page 3 of 21

Arrest

6. As soon as the police entered the Metro PCS store I heard either Officer Aquino

or Officer Hamilton say, "Oh, that's Jordan," or words to that effect.

7. When Officer Aquino approached me at the counter he kept asking me for I.D.,

and I told him that I did not have any I.D. on me.

8. Because I did not have I.D. on me, I gave Officer Aquino my name and other

identifying information, and he wrote it down on some papers that he grabbed off of the counter.

9. Just after he approached me and while he was asldng me for I.D., Officer

Aquino and at least one other officer patted me down repeatedly, kept telling me to tum around

so they could cuff me and put me in a cruiser, and tried to force me to comply.

10. All of the above happened before Officer Aquino grabbed my right rear pocket

and felt what he believed was a gun; at that point, while I still had my hands up in the air, Officer

Aquino and other officers started wrestling me, and Officer Aquino ordered another officer to,

"mace him, mace him, mace him," which the officer did.

Ji/~(~,
/l
~ ARTHURJO~
a ~
Sworn to before me this
;2...60
day of September, 2016

:;ZI~ Notary Public

RoQald C. Ransford
Notary-f>ublk, State of New York
No. O!RA5053489
., Q~allned In Erle County
Commission Expires __ -/~tl.
Case 1:16-cr-00093-FPG-HKS Document 10-1 Filed 09/27/16 Page 4 of 21

United States v. Arthur Jordan

16-CR-93-FPG

DEFENDANT'S
EXHIBIT B
 Case 1:16-cr-00093-FPG-HKS Document 10-1 Filed 09/27/16 Page 5 of 21

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN'DISTRlCT OF NEW YORK

INTHE TTEROFTHESEARCHOF
INFO . TION ASSOCIATED WITH
FACEB OK USER ID 100009376148570
THAT IS STORED AT PREMISES
CONTR LLED BY FACEBOOK, INC.

AfEIDAVIT IN SUPPORT OF
AN APPLICATION FOE, SEARCR WARRANT

I, eith E. Bender, being first duly sworn, hereby depose and state as follows:

INTRODUCTION

1. I am a Special Agent with the Federal Bureau of Investigation (FBI). As

an uinvestigative or law enforcement officer of the United States)) vrithin the

f Title 18, Unjted States Code 1 Section 25l0(7), that is, an officer of the United

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States c powered by law to conduct investigations of and .to make an-e,<;ts for ofilnses

enumera ed in Title 18, United States Code, Section 2516.

2." I have served as an FBI Special Agent for more than seven years. Dming that

time, I h ve p\,lrtlcipated in investigations involving drug trafficking and organized crirpe

matters. n addition, I have had the opportunity to work with sevel'a1 other FBI agents and

other la enforcement agents and officers of varying experience levels, who have also

investiga ed drug trafficking networks, with regard to the maimer jn which controlled

substanc s are obtamed, diluted, packaged, distributed) sold and used within the framework

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of dnig tr fficldng in the Western District of New York. As a result of my experience, I am

familiar ith how contrnlled substances are obtained, diluted1 packaged, distributed, sold,

and used the framework of drug trafficking in the Western District of New York and how

drug tra 1ckers utiliz~ wire communications to facilitate their illegal activities. My
:i:nvestiga ve experience detailed herein, and. the experience. of other law enforcement agents

who are participating in thi? investigation, serve as the basis for the opinions and
. .
conclusio s set forth herein. This affidavit is being submitted ol' a limited purpose 1 that is, a

probable cause determination, therefore I have not presented ail of the facts of this

investlga 'on to date, and only provided information necessary to establish probable cause

for the se irch warrant.

. 3. I make this affidavit in support of an application for a search warrant for

associated with the below mentioned Faceboo1c user ID that is stored at

premises owned, maintained, controlled, 01 operated by Facebook, Inc. (HFacebooku); a

social ne orking company headquartered in Menlo Park, Califontla. The information to

be search ,dis described in the followmg paragraphs and in Attachment A. This affidavit is

made .in support of an application for search wan-ant under 18 U.S.C. 2703(a),

2703(b)( )(A) and 2703(c)(l)(A) to require Facebook to disclose to the government records

and othe information in its possession, pertaining to the subscl'iber or customer associated

with the allowing Facebook account (hereinafte1 "Target Account"):

F< cebookUsername: MacBmw Jo:rdan

F cebook account number: 100009376148570

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'4, Based on my ti'aining and experience, and the facts set forth in this affidavit, I
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there is rnbable cause to believe that Facebook recOTds for the Target Account contains

evidence of the crime of transmitting an interstate communication containing a threat to

injure an ther person, in violatio11 of Title 18 of the United States Code,. Section 875(c),

committek:l by the subscriber of the Target Account.

FACEBQOK
5. Faccbook owns and operates a freeraccess social networking website of the

same na e that can be accessed at http://www.facebook.com. Facebook allows its users to

establish ccounts with Facebook, and users can then use their accounts to share WTitten

otographs, videos, and other information with other Facebook. users, and

sometim s with the genel'al public.

6. Facebook asks users to p:i;ovide basic contact and personal identify.ing

to Facebook, eithel' during the registration process or thereafter. This

informat' n may include the user's foll name, birth date, g~nder, contact e-mail addresses,

Faceboo1 passwords, Facebook security questions and answers (for password retrieval) 1

physical ddress (including city, state, and zip code), telep.hone numbers, screen names,

websites, and other personal identifiers. Facebook also assigns a user identification number
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("user I ) to each account. A Facebook user can also establish a "vanity namen for the

Uniform esource Locator CO:Rl,) for their Facebook page.

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7. Facebook users can select different levels of pl'ivacy for the audience of
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informati n associated with their Facebook accounts. By adjusting these privacy settings 1 a

Facebool. user can make information visible only to himself 01 herself; to particular

Facebool users or sets of users, to all Facebook users, or to anyone with access to the

Intemet, 'ncluding people what are not Facebook users. Facebook accounts also include

other ace unt settings that users can adjust to control, for example, the types of notifications

they rece ve from Facebook.

8. Facebook users may join one or more groups or netwmks to connect and

interact ith other users who are members of the same group or network. A Facebook user

onnect directly with individual Facebook users by sending each user a "Friend

Request.' If the recipient of a nFriend Request> 1 accepts the request, then the two users will

become 'Friends 11 for purposes of Facebook and can exchange communications or view

infonna n about each other. Each Facebook user 1s account includes a list of that user 1s
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Friends' and a 11 News Feed, 11 which highlights :infonnation about tl1e user 1s "Friends,u

such asp ofile changes, upcoming events, and birthdays.

9. Facebook users can create profiles that include photographs, lists of personal

interests, and other information. Facebook users can also post "status" updates about theil'

whereab uts and actions, as well as links to videos, photographs, articlc~ 1 and other items

available elsewhere on the Intemet. Facebook users can also post infol'mation about

upcomin "events,"' such as s~cial occasions, by listing the event's time 1 location, host, and

gnest'list In addition 1 Facebook users can ''check in" to particular locations or add thek

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geograpl c locations to the:il' Faceboqk posts 1 thereby revealing their geographic locations at
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particula dates and tirries. A particu~ar user's lJrofile page also includes a "Wall," which is

a space here the user and his or her uF1iends)) can post messages 1
attacnments 1 and links

that will pica11y be visible to anyone who can view the user's pro~e.

1 Facebook has a Photos application 1 where users can upload an unlimited

number f albums and photos. Another feature of the Photos application is the ability to

"tag11 (i. .1 label) other F'acebook users in a photo or video. Whei1 a user is tagged in a

photo or video 1 he or she receives a notification of the tag and a link to see the photo or

video. F r Facebook1s purposes, a u~er s "Photo print' 1 includes all photos uploaded by tlrnt
1

us~r that have not been deleted, as well as all photos uploaded by any user that have that

user tagg d in them.

1 J. Facebooic users can exchange private messages on Facebook with other users.

These m ssages, which are similar to e-mail messages, are sent to the recipient's "Inbox." 01)

Faceboo , which also stores copies of messages sent by the recipient1 as well as other

informat on~ Faceboolc users ca-n also post comments on the Facebook profiles of other

user.s or on their own prnfiles; such comments al'e typically associated with a specific

posting o item on the profile. In addition, Facebook has a Chat feat1ire that allows users to

send an receive instant messages through Facebook. These chat commm1ications are

stored in the chat history for the account. Facebook also has a Video Calling feature, and

although Facebook does not record the c~lls themselves, it does keep records of t11e date of

each call

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1 . If a Facebook usel' does not want to interact with another user on Facebook,

the fil'st l ser can 1'block" the second user from seeing his or her account.

Facebook has a "like" feature that allows users to give positive fee4back or

connect o particular pages. Facebook users can '11ilce" or ccshare" Facebook posts or

updates 1 ade by other users, which can ca.use the _posts on other "walls" to be visible on

their OW1 . Faceboolc users can also "like" webpages or content on thirdwparty (i.e., 11011-

) websites. Facebook users can also become '1fans" of particuJar Facebook pages.

Facebook has a search fonction that enables its users to search Facebook for

keyword , usernames, or pages, among other things.

Each Facebook account has an activity log, which is a list of the user's posts

and othe Facebook activities from the inception of the account to t~e present. The activity

log inclu es storie~ a:nd photos that the .u.ser has.been tagged in, a.swell as connections made

thrnugh 1e account, such as !(liking''. a Facebook page or adding someone as a friend. The

activity g is visible to the user but .cannot be viewed by people who visit the user's

Faceboo page.

1 , Facebook Notes is a blogging featm:e available to Facebook users, and it

enables sers to write and post notes or pe1so11al web logs (' 1blogs"), or to import their blogs

from oth r services, such as Xanga, LiveJournal, and Blogger.

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l . The Facebook Gifts feature allows users to send virtual 11 gifts 1' to their friends !
that app ar as icons on the recipient's profile page. Gifts cost money to purchase, and a

personali ed message can be attached to each gift. Facebook users can also send each other

"pokes, 11 hich are free and simply result in a notification to the :recipient that he or she has

been po ced by the sender.

Facebook also has a Marketplace feature, which allows users to post free

classified ads. Users can post items fol' sale, housing, jobs, and other items on the

19.. In addition to the applications described above, Facebook also provides its

users wit 1 access to thousands of other applications on the Facebook platform. When a

Faceboo user accesses or uses one bf these application~, an update about that the use1' 1s

access or use of that application may appear ori the nser 1s profile page.

Some Facebook pages are affiliated with groups of usel's, rather than one

i11dividu l user. Membership in the group is monitored and regulated by the adminisiJ:ator

or head f thegroup, who can invite new members and reject or accept requests by users to

enter. F cebook can identify all users who are currently registered to a particular group and

can iden ify the administrat011 and/ ol' cre?--tor of the grou~. Facebook also assigns a group

identific ion number to each group. Facebook uses the term Group Contact Info" to

describe he contact information fo~ the group 1s creator and/or adminislrntor, as well as a

PDF oft e cunent status of the group profile page.

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I
21. Facebook uses the term "Neoprint)J to describe an expanded view of a giv~n
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user -prn e. The '.Neoprh1t" for a given user can include the following information from

the user's profile: profile contact information; News Feed information; status updates; Unks

to video., photographs, articles, and other items; Notes; Wall -postings; friend lists,

includin the friends' Faceboolc user identificatio1111umbers; groups and. networks of which

the user fa a member, including the groups' Facebook group identification numbers future
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and past event postl:ngsi rejected "Friend" requests; comments; gifts; pokes; tags; and

informat' n about the user's access and use ofFacebook applications.

2 Facebook also retains Internet Proto.col ("IP") logs for a given user ID or IP

address. These logs may contain information about the actions taken by the user ID or .IP

address n Facebook, including information about the type_ of action, the date and time of

the actio , and the user ID and IP add1.'ess associated with the action, For example, if a user

views a 'acebook pmfile, that user's IP log would reflect the fact that the user viewed the

profile, a 1d would show when and from wl1at IP address the user did so.

2 . Social networldng providers like Facebook typically retain additional

informaf on about their users' accounts, such as information about the length of service

(includin start date), the types of service utilized, and the means and source of any

payment associated with the service (including any credit card or bank account nu~ber).

In some cases, Facebook users may communicate dil'ectly with Facebook about issues

rclafing their accounts, such as technical prol?lems, bpling inquiries 1 or complaints from

other us rs. Social networking providers like Facebook typically retain records about such

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communi[ations, including rec~rds of contacts between the user and the provider's support

services, s well as records of any actions taken by the provider or user as a result of the

communkations. .

2 , Therefore, the computers of Facehook are likely to contain all the material.

described above, including stored electronic communications and .information concerning

subscribe s and their use of Facebook, such as account access information, transaction

infonnati n, and other account information.

2, . This Court has jurisdiction to issue the requested wiu1ants because it is 11 a

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court of ompetent jurisdiction)) as defined by 18 U.S.C. 2711. 18 U.S.C. 2703(a),

(b)(l)(A) (c)(l)(A). Specifically, the Court is "a district court.of the United. States ... that

- has jur' diction over the offense being investigated." 18 U.S.C. 2711(3)(A)(i), Pursuant

to 18 U., .C. 2703(g), the presence of a law enforcement offi.cer_is not required for the

service o execution of these w:arrnnts,

PROBABLE CAUSE

Beginning on or a.bout July 5, 2016, news outlets widely repo1ted the shooting

death of a black man by police in the State of Louisiana. Beginning on or about July 6,

2016, ne s outlets widely reported the shootu1g death of a black man by police .in rhe State

of Minn sota. On or about July 6, 2016, local media reported the .ru.Test of a man on the

East Sid of Buffalo where he put a loaded handgun to a BPD officer's chest and pulled the

trigger, p t no discharge occuned as the safety-was engaged,

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27. On or about July '7, 2016, a law enforcement officer in Erie County, New

YOl'k, re iewed the Facebook profile of ARIBUR JORDAN as maintained under the

Faceboo moniker "MacBmw Jordan." 1 One post, purporting to have been made six hours .

earlier, st ted: "Let's Start Killin Police Lets See How Dey Lilce It":

[;:~-~l Macsmw Jordan

I

\'~
f .JI.'~"J
P': if!J!i!'.. ' 5 I it.,.
I c--
f
,_,<.-
Let's Start l<lllln Pollce Lets See How Dey Like It~

2 '. A second post in the Facebook profile of JORDAN, as maintained under the

monilcer 'MacBmw Jordan, 11 puxporting to have been 11 sharedu 11 hours earlier1 stated, "It's

just a mater of time before Fitz or 1 of them fools kill 1of usn:

i~7..'.~;
,'.~~..-' MacBrnw ..Jor<lan sliarncl Rio Clarl~e1::.1 post.
l i:,-;;
l!:'.t~ ;'... t H1rs """
,,_..
~- -

IA Rio Clarke
~ 11 f)rs /,;~

It's Just 11 rnatter oftlr(le f)efore Fitz or t of them fools Klll 1 of us o'"G\

2 It is ~elieved t11at the Facebook post referenced in Paragraph 28 referred to a

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specific uffalo Police Department Officer, assigned in the E~District of the City of Buffalo,

New Yo k. This officer has been involved in. investigations, and has had police related

RDAN's Facebook posts appear to be visible to all accounts that are "friends" of
his acco nt and to all accounts that are ufrlends 11 of these accounts. Thus, the posts appear
to be vis ble to a 1arge network' of Facebook accounts beyopd JORDAN 1s control. In any
event, J RDAN 1s account listed 1,965 friends at the time that the screenshots of the posts
in Paragiaphs 27-28 were taken by law enforcement.

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interactio/ s, with members and associates of the CENTRAL P ARJ( GANG, of which I
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JORDJ has been vetted by BPD and FBI to be a member.

3 . On. July 7, 2016, while attempiing.to locate JORDAN, your affiant spoke

J~AN's father ~t his residence, located on East Utica Street in lluifulo, New York..
with JO

JORDA~'s father informed your afflant that he had instructed JORDAN to take remove
the Faccl ook posts referenced in Paragraphs 27 ..28 from JORDAN 1 s Facebook account. In

addition, JORDAN's father confirmed that JORDAN had. utilized his cellular telephone to

access hi Facebook a~count, and. to make the posts referenced in Paragraphs 27-28. Also

on July ". 2016, another law enforcement agency submitted a preservation request to

:Facebool fo1 JORDAN>s account.

31. On July 14, 2016, Buffalo Police Department officers arrested JORDAN for

the folio ing charges: New York State Penal Law 265.03-3 - ~riminal Posession of a

Weapon . 1 the znct Degree; New York State Penal Law 195.05 - Obstructing Govemmental

Adrninis ation in the 2 110 Degree; and.New York State Penal Law 205.30- Resisting Arrest.

e of his arrest1 JORDAN possessed a loaded, black colored, Colt .380 caliber

automati pistol, serial number MU0724. This foearm was ~oaded with one round in the

chamber and three rounds h1 the magazine. 2 The firearm was found wrapped in a wash

cloth an located in JORDAN 1s rear jeans pocket by the all'esting off-kers. After the fuearm

was loca ed, the officers attempted to arrest JORDAN. JORDAN refused to comply with

2
0 July 27 1 2016, JORDAN pled guilty in Erie County Court to criminal possession
of this 1o ded firearm.

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the office s 1 commands. JORDAN refused to put his hands behind his back and had to be
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physicall subdued by the anesting officers.

The BPD officers that conducted the arrest of JORDAN, were aware of the

threaten g Facebook posts referenced in Paragraphs 27-28, and were aware that members

of the F I - Safe Streets Task 'Force (SSTF) had been attempting to locate JORDAN to

hi:U regarding these posts. After JORDAN>s arrest, the arresting officers advised

of his Miranda rights and interviewed JORDAN. During the interview,

JORD was asked. HWhats with you trying to say you wanna kill copsr' JORDAN

replied1 '' tis what it is. I said, maybe I w~nna kill cops. y>aJl loolc scared. I had my chance

to do wh t I should've done ... " The arresting officers then asked JORDAN, !(What has any

cop ever one to you? JORDAN replied, "You see the news. I sh~uld've done some CNN

shit. I w uld've been all over tl1e news if Iwould've done what I was thinking about .. You

wanna know what I was thinking about. I should,ve just waited at the door for

Y,all. ter in the interview, JORDAN stated., "I got b~g balls. I wanted to go out on

CNN. I ad my chance.1> 3

3 . On July 15 1 2016 members of d1e FBI-SSTF again advised JORDAN of .his

Miranda rights and intervieYfed him. During the interview, the agents showed JORDAN a

copy of he Facebook posts teferenced in Paragraphs 27-28. JORDAN stated that he had

shared a d authored these Facebook posts on his Facebook accotmt from his iPhone, t11~

RDAN also made other self-serving statements documented in a BPD CPL

otice dated July 14, 2016, which is attached to this affidavit and incorporated
reference.

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same iPh ne that was seized from him at the time of his arrest, and inventoried by BPD
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officers ft llowing the arrest on July 14, 2016. JORDAN stated that he made the referenced

posts bee use he was mad about what was go:ing on around the country. 4

34 It is reasonable to conclude JORDAN stated, r11 had my chance to do whaf I

should've done.,. '1 JORDAN was referring to ldlhng the law enforcement officers that
anested RDAN. It is also reasonable to conclude that when JORDAN stated, "You see

the news. I should've done some CNN shit. I would've been all over the news if I would've

done wh t I was thinking about. You don't even wa1ma lmow what I was thinking about. I

should 1ve just waited at the door for Y'all>' that JORDAN was referring to the highly

publicize shootings of police officers in Dallas, Texas, on July 7, 20~6, and his desire to

shoot an kill police officers, and gain notoriety for committing these acts , JORDAN's

stateinen s are consistent with his Facebook threat recited :in Paragraph 27 1 ({Let's Start

Killin Po ice Lets See How Dey Like If'.

INFORMATION TO RE SEARCHED ANJ2 '.UITNGS TO J3E SEIZED

35. . I anticipate executing this wanant under the Electronic Communications

Privacy ct, in particular 18 U.S.C. 2703(a), 2703(b)(l)(A), and 2703(c)(1)(A), by using the

warrant t requixe Facebook to disclose to the government copies of t11e records and other

infonnati 11 1 to include some of the previously cited content, particularly described in

Attachm nt B.

J RDAN also made other self-se1Ying statements during this inte1yiew.

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CONCLUSION

36 Based 011 my tra:ining and experience 1 and the facts as set forth in this

affidavit; there is prnbable cause to believe that 1 on the computer systems in the control of

Faceboo , there exists evidence of a crime, namely, evidence related to violations of 18

U.S.C. S ction 875(c). Accordingly, a search warrant is requested. Pursuant to 18 U.S.C.

2703(g), he presence of a law enforcement officer is not required for the service or

executi01 j of the warrant.

KEI 1 HE. BENDER

Special Agent
Federal Bureau of Investigation

Swo1n a d subscribed to before

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United States v. Arthur Jordan

16-CR-93-FPG

DEFENDANT'S
EXHIBIT C
 Case 1:16-cr-00093-FPG-HKS Document 10-1 Filed 09/27/16 Page 20 of 21

FEDERAL PUBLIC DEFENDER'S OFFICE

WESTERN DISTRICT OF' NEW YORK
MARIANNE MARIANO ROCHESTER OFFICE
FEDERAL PU8L/C DEFENDER
28 EAST MAIN STREET
marianne_mariano@fd.org 300 PEARL STREET, SUITE 200 FIRST FEDERAL PLAZA, SUITE 400
BUFFALO, NEW YORI< 14202 ROCHESTER, NEW YORI< 1461 4
JOHN HUMANN 585-263-6201
SENIOR LIT/GA TOR 71 6-551-3341 585-263-5871-F AX
john_humann@fd.org
FAX; 7 16-551-3346
REPLY TO.' BUFFALO

July 22, 2016

Wei Xiang
Assistant United States Attorney
Western District of New York
138 Delaware Avenue, Federal Centre
Buffalo, New York 14202

Re: United States v. Arthur Jordan

16-M-103-HKS

Dear Mr. Xiang:

Please accept this letter as my request for discovery under Federal Rule of Criminal
Procedure 16(a)(l)(A)(B)(C)(D)(E)(F) & (G) and those items specifically set forth below:

1. Any statements made by the defendant.

2. A copy, or disclosure, of the defendant's priol' criminal record, if any.

3. A copy of any video or audio surveillance/recording of the defendant's arrest.

4. A copy or inspection of any books, papers, documents, data, photographs, tangible

objects, buildings or places, or copies or portions thereof, within the Government's possession,
custody or control, which is material to preparing the defense, or the Government intends to use in
its case-in-chief at trial, or the item was obtained from or belongs to the defendant.

5. A copy or inspection of all results and reports of physical or mental examinations in

the possession, custody or control of the Government, including state and local agencies cooperating
in this prosecution, or through due diligence could know, that the item exists and are material to the
preparation of the defense or which are intended for use by the Government as evidence-in-chief at
the trial.

6. Disclosure of any and all prior similar acts or convictions of a similar nature to the
charge in this case, if any, which the Government will seek to rely upon or introduce as evidence at
the hearing or trial in this case for any purpose, including proof of knowledge or intent on the part
of the defendant and the investigative reports of witnesses concerning such acts.
 Case 1:16-cr-00093-FPG-HKS Document 10-1 Filed 09/27/16 Page 21 of 21

7. Any and all evidence in the Government's possession, or which could be reasonably
acquired by the Government, which would be favorable to this defendant on the issues of guilt or
sentencing or would affect the fairness of tJ1e trial under the principles of Brady v. Mmyland, 373
U.S. 83 (1963), Gigliov. United States, 405 U.S. 150 (1972), Kyles v. Whitley, 514 U.S. 419 (1995);
United States v. Ruiz, 122 S. Ct. 2450 (2002), UnUed States v. G;/, 297 F.3d 93 (2d Cir. 2002);
Disimone v. Phillips, 461F.3d181 (2d. Cir. 2006); and United States v. Booker, 543 U.S. 220, 125
S.Ct. 738 (2005).

8. Pursuant to Rule 12(d) of the Federal Rules of Criminal Procedure, the defendant
requests written notification of any evidence that the Government intends to use in its case-in-chief
that may, in any way, be subject to a motion to suppress or which the defendant is otherwise entitled
to discover pursuant to Rule 16.

9. The defendant requests that any and all rough notes oflaw enforcement personnel or
their agents be preserved. Furthermore,' the defense requests that all physical evidence, including
tape or video recordings made during the investigation of this matter, including recordings that might
otherwise be destroyed as part of a normal business practice, be preserved and maintained.

10. In addition to any other discovery and disclosure contemplated by Rule 16, and Brady
v. Mmyland and its progeny, provide Notice ofintent to Use Evidence and copies of any search or
electronic surveillance warrants of any type and the underlying application papers and the results of
those applications pursuant to Rules l 2(b)( 4) and 16.

Please do not staple the discovel'y. Thank you for your prompt attention to these requests.

Very truly yours,

John Humann
Senior Litigator
JH:dmd

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