Court filing
Information — United States v. Shibley (Dkt. 150-1, W.D. Wash. No. 2:20-cr-00174)
Filed March 3, 2022 in Shibley; one of 140 filings from this case.
Record facts
| Court | U.S. District Court for the Western District of Washington |
|---|---|
| Filed | 2022-03-03 |
U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 150-1 · 2022-03-03 · Docket on CourtListener
Full text
U.S. Department of Justice
Criminal Division
Fraud Section
Washington, D.C. 20530
June 9, 2020
Dituri Construction LLC
4700 SW 36th Ave.
Seattle, WA 98126
Re:
Grand Jury Subpoena for Records – #1287
Dear Sir or Madam:
Enclosed, please find a grand jury subpoena duces tecum issued on behalf of the United
States District Court for the District of Columbia. The enclosed subpoena duces tecum directs
the production of certain items to the grand jury by June 16, 2020.
In lieu of having a representative appear personally before the grand jury to produce the
required documents and other materials, you may deliver the required documents and materials
to:
Alexandra Flores
Fraud Section
U.S. Department of Justice
1400 New York Avenue, NW.
Room 3201A
Washington, D.C. 20530
Email: alexandra.flores@usdoj.gov
If you choose this delivery method, please ship the items via hand-delivery courier or
overnight express service, not U.S. Mail. We further request that, where possible, items be
produced in an electronic format. Also enclosed, please find a blank “Declaration of Custodian of
Records” form. It is requested that an appropriate person at your business complete the form and
return it with the documents.
Sincerely,
/s
Amanda Vaughn, Trial Attorney
U.S. Department of Justice
AO 110 (Rev. 06/09) Subpoena to Testify Before a Grand Jury
Case 2:20-cr-00174-JCC Document 150-1 Filed 03/03/22 Page 1 of 7
UNITED STATES DISTRICT COURT
for the District of Columbia
SUBPOENA TO TESTIFY BEFORE A GRAND JURY
To:
Dituri Construction LLC
4700 SW 36th Ave.
Seattle, WA 98126
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 officer allows you
to leave.
Place: U.S. DISTRICT COURT FOR THE DISTRICT OF
COLUMBIA
U.S. Courthouse, 3rd Floor
Grand Jury # 19-2-81
333 Constitution Avenue, N.W.
Washington, D.C. 20001
Date and Time:
June 16, 2020 at 9:00 AM
You must also bring with you the following documents, electronically stored information, or objects: Any and all
documents described in the Attachment A to the Grand Jury Subpoena.
Although you are not required to do so, if it is more convenient for you, you may send the requested records, preferably in
non-proprietary electronic format via FedEx, UPS or DHL in lieu of personally appearing before the Grand Jury on the date
indicated.
Date: June 9, 2020
The name, address, telephone number and email of the Attorneys requesting this subpoena:
Amanda Vaughn
Trial Attorney, Fraud Section
U.S. Department of Justice, Criminal Division
1400 New York Avenue, NW
Washington, DC 20530
Case 2:20-cr-00174-JCC Document 150-1 Filed 03/03/22 Page 2 of 7
Dituri Construction LLC
4700 SW 36th Ave.
Seattle, WA 98126
ATTACHMENT
(Grand Jury Subpoena Dated June 9, 2020)
I.
INSTRUCTIONS
A. In complying with this subpoena, you are required to produce all responsive documents that
are in your possession, custody, or control, whether held by you or your past or present agent,
employee or representative acting on your behalf. You are also required to produce documents
that you have a legal right to obtain, that you have a right to copy, or to which you have access,
as well as documents that you have placed in the temporary possession, custody or control of
any third party.
B. No documents called for by this request shall be destroyed, modified, removed, transferred,
or otherwise made inaccessible to the grand jury. If you have knowledge that any subpoenaed
document has been destroyed, discarded or lost, identify the subpoenaed document and
provide an explanation of the destruction, discarding, loss, or disposal, and the date at which
the document was destroyed, discarded, or lost.
C. This subpoena is continuing in nature. Any document not produced because it has not been
located or discovered by the return date shall be provided immediately upon location or
discovery subsequent thereto with an explanation of why it was not located or discovered until
the return date.
D. If you believe any responsive documents are protected by a privilege, please provide a
privilege log which (1) identifies any and all responsive documents to which the privilege is
asserted, (2) sets forth the date, type, addressee(s), author(s), general subject matter, and
indicated or known circulation of the document, and (3) states the privilege asserted in
sufficient detail to ascertain the validity of the claim of privilege.
E. Production with respect to each document shall include all electronic versions and data files
from email applications, as well as from word processing, spreadsheet, database, or other
electronic data repositories applicable to any attachments, and shall be provided to the grand
jury where possible in its native file format and shall include all original metadata for each
electronic documents or data file.
II.
DEFINITIONS
A. “Document” means any written, recorded or graphic material of any kind that is in your
possession, custody or control. The term includes, but is not limited to: contracts; agreements;
letters; telegrams; interoffice communications; memoranda; notes; reports; analyses;
Case 2:20-cr-00174-JCC Document 150-1 Filed 03/03/22 Page 3 of 7
worksheets; spreadsheets; notebooks; surveys; lists; outlines; schedules; pamphlets;
newsletters; flyers; charts; logbooks; tabulations; compilations; studies; books; records;
telephone books or messages; visitor books; calendar or diary entries; desk or appointment
calendars; drafts; business cards; minutes or meetings or conferences; notes or memos or other
records of telephone or other conversations or communications; electronic transmissions
(including emails, text messages, instant messaging, chat rooms, electronic bulletin boards);
ledgers; financial statements; bank statements; bills or invoices; purchase orders; receipts;
photographs; microfilm; microfiche; audio and video tape or disc recordings; and computer
printouts. It also includes electronically stored data and electronic files, stored on file servers,
e-mail servers, hard drives, or other electronic storage media within your control from which
information can be obtained either directly or by translation through detection devices or
readers. Any such document is to be produced in reasonably usable form, electronic and
searchable, along with instructions for reading the data. Any such electronically stored
information must be preserved in its native format. The term “document” includes the original
(or a copy thereof if the original is not available) and all copies that differ in any respect from
the original or that bear any notation, marking or information not on the original. "Document"
shall also include all documents, materials, transmissions and information, including
Electronically Stored Information within the meaning of the Federal Rules of Civil Procedure.
B. “Electronically Stored Information” or “ESI” shall mean the complete original and any
non-identical copy (whether different from the original because of notations, different
metadata, or otherwise), regardless of origin or location, of any writings, drawings, graphs,
charts, photographs, sound recordings, images, and other data or data compilations stored in
any electronic medium from which information can be obtained either directly or, if
necessary, after translation by you into a reasonably usable form. This includes, but is not
limited to, electronic mail, instant messaging, videoconferencing, and other electronic
correspondence (whether active, archived, or in a deleted items folder), word processing files,
spreadsheets, databases, and video and sound recordings, whether stored on: cards; magnetic
or electronic tapes; disks; computer hard drives, network shares or servers, or other drives;
cloud-based platforms; cell phones, personal digital assistants (“PDAs”), computer tablets, or
other mobile devices; or other storage media.
C. “Referring to” or “relating to” shall mean discussing, describing, reflecting, regarding,
containing, analyzing, studying, reporting, commenting on, evidencing, constituting, setting
forth, considering, recommending, concerning, or pertaining to, in whole or in part.
D. The terms “including” and “includes” shall be construed broadly so that specification of any
particular type of document shall not be construed to exclude other types of documents that
are nevertheless responsive but not specifically identified.
E. “Communications” refers to exchanges kept in any form, whether written, electronic, e-mail,
text, telephone, or other, and is meant to be interpreted broadly in accordance with Federal
Law.
Case 2:20-cr-00174-JCC Document 150-1 Filed 03/03/22 Page 4 of 7
F. Entities identified by name, including Dituri Construction LLC shall be construed broadly
to include any subsidiary, affiliate, successor-in-interest, or related corporate entity, as well
as any employee, representative, contractor, affiliate, or vendor.
III.
REQUEST FOR DOCUMENTS
For the period January 1, 2019, to the present, please provide all of the following documents
relating to Dituri Construction LLC:
A. All books and ledgers of all receipts and expenditures;
B. All documents identifying any and all bank accounts owned by, associated with, or used
by Dituri Construction LLC;
C. All documents relating to employee information, payroll, and payment records including,
but not limited to:
1. Employee personnel files;
2. All documents listing employee names;
3. Issued IRS Forms W-2, W-3, W-4, and MISC-1099; wage and tax statements; and
supporting schedules;
4. Payroll journals or ledgers, employee and independent earnings records, and other
supporting schedules of computation;
5. All Employment Eligibility Verification Forms (U.S. Citizenship and Immigration
Services Form I-9) and any copies of supporting documents; and
6. All records of payments, including but not limited to, cash payments, wire
transfers, checks, and direct deposit to any and all employees or independent
contractors.
D. All documents relating to any loans applied for, including but not limited to, loans
associated with the Paycheck Protection Program under the CARES ACT or the
Economic Injury Disaster Loan (EIDL) program, including, but not limited:
1. All correspondence and agreements;
2. All documents relating to payroll information submitted as part of the loan
application including but not limited to payroll information, any underlying
documents to support payroll figures, and relevant tax documents including IRS
Forms W-2, W-3, W-4, or MISC-1099;
3. All documents relating to annual revenue submitted as part of any loan
applications, including, but not limited to, tax documents, accounting records, and
all other supporting documentation regarding revenue;
4. All documents relating to any information submitted to the U.S. Small Business
Administration and banks associated with any loans; and
5. All documents relating to receipt and use of loan funds.
Case 2:20-cr-00174-JCC Document 150-1 Filed 03/03/22 Page 5 of 7
E. All documents relating to any accounting or tax professionals hired or used by Dituri
Construction LLC to carry out any business operations or tax preparation, including, but
not limited to:
1. All correspondence;
2. All documents relating to agreements and payment information;
3. All documents provided to any accounting or tax professionals; and
4. All documents received from or filed by any accounting or tax professionals.
IN LIEU OF YOUR PERSONAL APPEARANCE BEFORE THE GRAND JURY,
subpoenaed materials may be turned over to: Alexandra Flores, U.S. Department of Justice,
1400 New York Avenue NW, Washington, DC 20530, telephone number (202) 316-6726, email
address Alexandra.Flores@usdoj.gov.
Case 2:20-cr-00174-JCC Document 150-1 Filed 03/03/22 Page 6 of 7
CERTIFICATION OF DOMESTIC RECORDS
OF REGULARLY CONDUCTED ACTIVITY
Pursuant to Fed. R. Evidence 902(11)
The undersigned declarant hereby declares, certifies, verifies, or states the following:
1.
The declarant is a records custodian or other qualified person who can provide a written
declaration regarding the records of regularly conducted business activity which are the
subject of this certification.
2.
The records of regularly conducted business activity (hereinafter “records”) which are the
subject of this certification are identified as: [If this is insufficient room in which to
adequately identify the items certified, complete on a separate sheet and refer to that sheet
here.]
3.
The records are originals or duplicate copies of domestic (United States) business records;
4.
The records were made at or near the time of the occurrence of the matters set forth by, or
from information transmitted by, a person with knowledge of those matters;
5.
The records were kept in the course of a regularly conducted business activity; and
6.
The records were made by the regularly conducted business activity as a regular practice.
I hereby declare, certify, verify, or state, under penalty of perjury, that the foregoing is
true and correct.
______________________________
Signature of Declarant
______________________________
Printed Name
______________________________
Title
______________________________
Company Name
______________________________
Business Address
______________________________
Date of Declaration/Execution
Case 2:20-cr-00174-JCC Document 150-1 Filed 03/03/22 Page 7 of 7File and source
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