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Home Source documents Court filing — United States v. Farah (Dkt. 350, D. Minn.)

Court filing — United States v. Farah (Dkt. 350, D. Minn.)

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      CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 1 of 16




                     UNITED STATES DISTRICT COURT

                         DISTRICT OF MINNESOTA


UNITED STATES OF AMERICA,
                                         Case No.: 22-CR-124 (7) (NEB/TNL)
           Plaintiff,
                                         DECLARATION OF FREDERICK J.
vs.                                      GOETZ

MUKHTAR MOHAMED SHARIFF,

           Defendant.




      I, Frederick J. Goetz, Esq., hereby declare and state as follows:

1.    I am an attorney licensed to practice law in the State of Minnesota and

      the United States District Court for the District of Minnesota. My

      attorney registration number is 185425. My firm represents Defendant

      Mukhtar Mohamed Shariff as related to the above-captioned matter. I

      submit this Declaration in connection with my client’s request for an

      Order to show cause as related to Restaurant Depot and the Minnesota

      Department of Education’s failure to produce subpoenaed documents in

      accordance with Fed. R. Crim. P. 17(c). I have personal knowledge of

      the facts set forth herein.
     CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 2 of 16




2.   On or around January 31, 2024, the undersigned prepared a subpoena

     duces tecum, pursuant to Fed. R. Crim. P. 17(c), addressed to Restaurant

     Depot, requesting, inter alia, the return of documentation or data

     concerning the purchase of goods or services by Afrique Hospitality

     Group from Restaurant Depot between January 1, 2020 and January 31,

     2022. The subpoena instructed Restaurant Depot to produce the

     documents in the United States District Court for the District of

     Minnesota, before the Honorable Tony N. Leung, in Courtroom 9W, U.S.

     Courthouse, 300 South Fourth Street, Minneapolis, MN 55415 on

     February 29, 2024 at 10:00 a.m. Alternatively, the subpoena informed

     Restaurant Depot that the documents could be transmitted to the

     undersigned electronically via the undersigned’s email.

3.   On February 5, 2024, Investigator Susan Johnson served the above-

     reference subpoena on Restaurant Depot Manager Pierre Rogers at 1830

     Como Avenue in St. Paul, Minnesota. A copy of the subpoena and Ms.

     Johnson’s Proof of Service are attached hereto as Exhibit 1.

4.   On or around January 31, 2024, the undersigned also prepared a

     subpoena duces tecum, pursuant to Fed. R. Crim. P. 17(c), addressed to

     Daron Korte, the Assistant Commissioner of the Minnesota Department




                                      2
     CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 3 of 16




     of Education. Among other things, the subpoena requested the return of

     documentation or data concerning Afrique Hospitality Group’s

     participation in the Child Adult Care Food Program and the Summer

     Food Services Program between January 1, 2020 and January 31, 2022.

     The subpoena instructed Assistant Commissioner Korte to produce the

     documents in the United States District Court for District of Minnesota,

     before the Honorable Tony N. Leung, in Courtroom 9W, U.S. Courthouse,

     300 South Fourth Street, Minneapolis, MN 55415 on February 29, 2024

     at 10:00 a.m. Alternatively, the subpoena notified Assistant

     Commissioner Korte that the documents could be transmitted to the

     undersigned electronically via the undersigned’s email.

5.   On February 6, 2024, Investigator Susan Johnson served the above-

     reference subpoena on Assistant Commissioner Korte at the Minnesota

     Department of Education’s office located at 400 NE Stinson Boulevard in

     Minneapolis, Minnesota. A copy of the subpoena and Ms. Johnson’s Proof

     of Service are attached hereto as Exhibit 2.

6.   The undersigned appeared in the United States District Court for the

     District of Minnesota, before the Honorable Tony N. Leung, in Courtroom

     9W, U.S. Courthouse, 300 South Fourth Street, Minneapolis, MN 55415




                                      3
     CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 4 of 16




     on February 29, 2024 at 10:00 a.m. Neither a representative of

     Restaurant Depot, nor a representative from the Minnesota Department

     of Education appeared to produce the subpoenaed documents. At

     approximately 10:15 a.m., counsel contacted Assistant Commissioner

     Korte’s office to inquire about the production of documents. The

     undersigned was informed by a representative from the Minnesota

     Department of Education that they would attempt to locate the

     subpoena.

7.   On March 1, 2024, the undersigned emailed a copy of the above-

     referenced subpoena and proof of service to Terry Alvarado, an

     administrative assistant employed by the Minnesota Department of

     Education. The undersigned instructed the Department’s general counsel

     to contact him to discuss the matter.

8.   To date, counsel has not received a response from Restaurant Depot or

     the Minnesota Department of Education regarding the production of

     subpoenaed documents.

9.   I have therefore prepared a proposed Order requiring Restaurant

     Depot and the Minnesota Department of Education to appear and show

     cause for why they should not be held in contempt of court for failure to




                                      4
      CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 5 of 16




     produce the subpoenaed documents in accordance with Fed. R. Crim. P.

     17(c).

     I declare under penalty of perjury that the foregoing is true and correct.



Dated: March 5, 2024                      By: ____________________________
                                                  Frederick J. Goetz




                                      5
        CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 6 of 16

                                 G~ETZ & ECKLAND
                                 CIVIL LITIGATION AhtD CRIMINAL DEFENSE




                                                   January 31, 2024

                                                                                     VIA PERSONAL SERVICE

Attn: Manager
Restaurant Depot
1830 Como Avenue
St. Paul, MN 55108


        Re:         United State of America v. Farah, et al
                    Court File No.: 22-CR-124 NEB/TNI_


Dear Sir!Madam:

        This office represents Mukhtar Shariffin the above-referenced matter. inclosed and
served upon you by personal service please find a subpoena duces tecum. The subpoena requires
that you produce the listed documents and materials in United States District Court for the
District of Minnesota, before the Honorable Tony N. Leung, in Courtroom 9W, U.S. Courfihouse,
30U South Fourth Street, Minneapolis, MN 55415 on February 29, 2024 at 10:00 a.m.

       This request includes copies of:

            Any documentation or data ~onceming the purchase of goods or services by Afrique
            Hospitality Group, A&E Logistics LLC, or A&E Distributors LLC, ox any
            representatives thereof, from Restaurant Depot between January 1, 2020 and January
            31, 2022. This includes, but is not limited to, contracts, invoices, sale quotes, deposit
            slips, purchase orders, invoices, sales receipts, etc.

       •    Any correspondence or communication between Afrique Hospitality Group, A&E
            Logistics LL{`, or A&E Distributors LLC and Restaurant Depot, or any
            representatives thereof, regarding the purchase of goods or services between January
            1, 2020 and January 31, 2022.

       Thank you for your prompt attention to this subpoena. If you prefer to transmit the
documents to me electronically, please contact me so we can make those arrangements. You are
welcome to contact me by email at f~oetz~c~goetzeckland_corn. Please feel free to contact me
with any questions or concerns you may have.




   Banks Building
                                                                                                                     EXHIBIT
                     615 1st Avenue NE, Suite 425 I Minneapolis, MN 5. 5413-2447 ' 612-874-1552 i ~wow.goetzeckiand.com



                                                                                                                          1
      CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 7 of 16




                             Sincerely,

                                    GOETZ & ECKLAND P.A.


                                   By     ~r--~. ~ --~
                                           Frederick6i .Goetz
                                           Andrew H. Mohring

FJG/kcf
Encl.
                  CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 8 of 16


Av 898 (07l! 6) Subpoena to Prcriuce Documents, InFarmation, or Objects in a Criminal Case


                                       UNITED STATES DISTRICT COURT
                                                                       for the
                                                             District of Minnesota
                  United States of America
                             v.
                                                                                     Case No. 2 2 —CR-1 2 4 NEF3 / TNL

                             Defendant

                               SC3BPOENA TO PRODUCE DOCi~MENTS, INF4RzVIATTON, 4R
                                           OBJECTS YN A CR~MxNAL CASE
To:             Manager of Restaurant Depot , T 8 3 0 Como Ave . , St . Paul , MN
                551 08
                                                       (Name o/'pers~n !o whom this subpoena is directed)

      YOU ARE CQNXMAiYDED to produce at the time, date, and place set forth below the following books, papers,
documents, data, or other objects: please see attached correspondence .



Place:                                                               Date and Time: Februar~r 2 9 , 2 0 2 4
              U . S. Courthouse, Courtroom 9W
              300 S. 4th St., Minneapolis, M ~                                               10:00 a.m.
              554'i 5                                              ,
         Certain provisions of Fed. R. Crim. P. 17 are attached, including Rule ~7(c)(2), relating to your ability to file a
motion to quash or modify the subpoena; Rule 17(d) and (e), which govern service cif subpoenas; and Rule 17(g),
relating to your duty to respond to this subpoena and the potential consequences of not doing so.
           (SEAL)

Date:
                                                                                     CI,E.RK OF COt~RT


                                                                                                 Signature of Clerk or Deputy   erk


The name, address, e-mail, and telephone number of the attox~z~.ey representing (name ajparry) ~~ht,~ ~,~r~ f f
                                                                                         who requests this subpoena, are:
                Frederick J. Goetz, 61 5 " st Ave. NE, #425, Minneapolis, MN
                5541 3 , fgoetz~goetzeckland. com, 6'(2-874-1552

                                  Notice to those who use this form to requesE a subpoena
Before requesting and serving a subpoena pursuant to Fed. R. Crim. P. 17(c), the party seeking the subpoena is advised to
consult the rules of practice of the court in which the criminat proceeding is pending to determine whether any local rules
or orders establish requirements in connection with the issuance of such a subpoena. If no local rules or orders govern
practice under Rule I7(c), counsel should ask the assigned j udge whether the court regulates practice under Rule 17(c) to
1) require prior judicial approval for the issuance of the subpoena, either on notice or ex pane; 2) specify where the
documents must be returned (e.g., to the court cterk, the chambers of the assigned judge, or counsel's off ce); and 3)
require that counsel who receives produced documents provide them to opposing counsel absent a disclosure obligation
under Fed. R. Crim. P. Y 6.

Please note that Rule 17(c) (attached) provides that a subpoena for the production of certain information about a victim
may not be issued unless first approved by separate court order.
                  CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 9 of 16


AO 89B (07/16) Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Page 2)

Case No.

                                                             PROOF OF SERVICE

          This subpoena for (name ofindivi ual and title, ifany)             ~~-c~(j`, ~j~'~(~1~                           ~~ ~~.~            ~
was received by me on (dare)                         ~

               served the subpoena by delivering a copy to the named person as follows:                              ~ ~ (~ (''~




         O I returned the subpoena unexecuted because:



          Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
          tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of

          $ ~,~~
My fees are $                                  for travel and $                              for services, for a total of $            0.00


         I declare under penalty of perjury that this information is true.


Date:                                                                                                                        ~~
                                                                                                Server's si        azure


                                                                              `~        ~                      ~                        wl    Q ~
                                                                                              Printed name and t !e




                                                                                                                                               S
                                                                                                    Server's address                            1l Z
                                                                                                                                    ~l n p~ cr ~~

Additional information regarding attempted service, etc.:
                                                                                                                              '~'      j v; ~
                  CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 10 of 16


 40 89B (07116) Subpoena to Pr~:'.uce Documents, lnfocmation, or Objects in a Criminal Case (Page 3'



                          Federal Rule of Criminal Procedure 17 (c), (d), (e), and (g) (E~'ective X2/1/08)
{c~ Producing DocurrRents and Objects.

     (1) In General. A subFoena may order the H-fitness to produce any books, papers, documents, data, or other objects the subpoena
     designates. The court may direct the witness to produce the designated items in court beFore trial or before they are to be offered in
     evidence. When the items amve, the court may permit the parties and their attorneys to inspect ill ar part of them.

     (z) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance
     would be unreasonable or oppressive.

     (3) Subpoena for Personal or Confidential Information About a Victim. lifter a complaint indictment, or information is fi led, a
     subpoena requiring the production of personal or confidential informatifln about a victim may be served on a thira party only by court
     order. Before entering the order and ;.intess there are exceptions! circumstances, the court must require giving notice to the victim so that
     the victim can move to quash or modify the subgaena or otherwise object.

(d) Service. A marshal, a deputy maxshaI, or any nonparty who is at least 18 years old may serve a subpoena. The server must deliver a copy
~f the subpoena to the witness and must tender to the witness one day's witness-attendance fee and the legal mileage allowance. The server
need not tender the attenaanrx fee or mileage allowance when the United States. a federal officer, or a federal agency has requested the
subpoena.

(e) Piace of Service.

     (X} In the L nited States. A subpoena requiring a witness to attend a hearing or trial may be ~ervc:d at any place within the [Jnited
     States.

     (2) 1n a Foreign Country. if the witness is in a foreign country. 28 Li.S.C. § 1783 governs the subpoena's service.

{g) Contempt. The couri bother than a magistrate judge) may hold in Contempt a witness who, without adequate excuse, disobeys a subpoena
issued by n federal court 'n that district A magistrate judge may held in enntempt a witness who, without adequate excuse, disobeys a
subpoena issued by that magistrate judge as provided in 28 U.S.C. § 636(el.
       CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 11 of 16


                               G~ETZ & ECI~LAND
                                CIVtI LITIGATION AND CR~MINAI OFFENSE



                                                 January 31, 2024

                                                                                VIA PERSONAL SERVICE

Assistant Commissioner Daron Korte
Custodian of Records
Minnesota Department of Education
400 NE Stinson Blvd.
Minneapolis, MN 55413

        Re:         United State of America v. Farah, et al
                    Court File No.: 22-CR-124 NEB/TNL


Dear Assistant Commissioner Korte and/or Custodian of Records:

        This office represents Mukhtar Shariff in the above-referenced matter. Enclosed and
served upon you by personal service please find a subpoena duces tc;cum. The subpoena requires
that you produce the listed documents and materials in United States District Court for the
District of Minnesota, before the Honorable Tony N. Leung, in Courtroom 9W, U.S. Courthouse,
300 South Fourth Street, Minneapolis, MN 55415 on February 29, 2024 at 10:00 a.m.

        This request includes copies of

        •   All vendor applications submitted to the Minnesota Department of Education,
            Feeding Our Future, or Partners in Quality Care by Afrique Hospitality Group
            between January 1, 2020 and January 3 X , 2022 with respect to either the Child Adult
            Care Food Program or the Summer Food Services Program.

       •    All site applications submitted to the Minnesota Department of Education, Feeding
            Our Future, or Partners in Quality Care by Afrique Hospitality Group between
            January 1, 2020 and January 31, 2022 with respect to either the Child Adult Care
            Food Program or the Summer Food Services Program.

       •    All program agreements between the Minnesota Department of Education, Feeding
            Our Future, Partners in Quality Care, and/or Afrique Hospitality Group, between
            January 1, 2020 and January 31, 2022 with respect to either the Child Adult Care
            Food Program or the Summer Food Services Program.

       •    All claims submitted to the Minnesota. Department of Education, Feeding Our Future,
            or Partners in Quality Care by Afrique Hospitality Group, including any
            representative thereof, between January 1, 2020 and January 31, 2022 with respect to
            either the Child Adult Care Foad Program or the Summer Food Services Program.




   8~nks Building
                                                                                                             EXHIBIT
                     615 1st Avenue NE, Site 425 ~ Minneapolis, MN 55413-2447 1612-874-1552 www.goetzeckland.com



                                                                                                                   2
CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 12 of 16




    All claims submitted by the following sites to the Minnesota Department of
    Education, Feeding Our Future, or Partners in Quality Care, between 3anuary 1, 2020
    and January 31, 2022 with respect to either the Child Adult Care Food Program or the
    Summer Food Services Program: Dar Al Farooq (Site No. 9000018525); 1506
    5outhcross (Site No. 9000018726); Medford (Site No. 9000019281); and Waseca
    (Site No. 9000019357).

•   Any documentation or data concerning meal service or meal distribution between
    January 1, 2020 and January 31, 2022 with respect to either the Child Adult Care
    Food Program or the Summer Food Services Program at the following sites: Dar Al
    Farooq (Site No. 9000fl18525); 1506 Southcross (Site No. 9000018726); Medford
    (Site No. 9000x1428 X ); and Waseca (Site No. 9000019357).

•   All documentation or data between January 1, 2020 and January 31, 2022 with
    respect to either the Child Adult Care Food Program or the Summer Food Services
    Program relating in any way to the following sites: Dar Al Farooq (Site No.
    9000018525); 1506 5outhcross (Site No. 900018726); Medford (Site No.
    9000019281); and Waseca (Site No. 9000019357).

•   All waivers sent by the United States Department of Agriculture to the Minnesota
    Department of Educarion, Feeding Our Future, or Partners in Quality Care between
    January 1, 2020 and January 31, 2022 with respect to either the Child Adult Care
    Food Program or the Summer Food Services Program.

•   All correspondence and communication between the Minnesota Department of
    Education, Feeding Our Future, andlor Partners in Quality Care, or any
    representatives thereof, between January 1, 2020 and January 31, 2022 concerning
    any serious deficiency with respect to either the Chiid Adult Care Food Program or
    the Summer Food Services Program. This request includes, but is not limited to,
    correspondence or communication sent by the Minnesota Department of Education to
    Feeding Our Future or any representative thereof on March 31, 2021.

    Any risk assessment mentioning Afrique Hospitality Group with respect to either the
    Child Adult Care Food Program or the Summer Food Services Program between
    January 1, 2020 and Januaxy 31, 2022. This request further includes any underlying
    data or documentation relied upon and/or reviewed in formulating such risk
    assessment(s).

    Any risk assessment mentioning the following sites with respect to either the Child
    Adult Care Food Program or the Summer Food Services Program between January 1,
    2020 and January 31, 2022: Dar Al Farooq (Site No. 9000018525); 1506 Southcross
    (Site No. 9000018726); Medford (Site No. 9000019281); and Waseca (Site No.
    9000019357). This request further includes any underlying data or documentation
    relied upon and/or reviewed in formularing such risk assessment(s).
        CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 13 of 16




            Coxrespondence between the United States Department of Agriculture, the Minnesota
            Department of Education, Feeding Our Future, and/or Partners in Quality Care with
            respect to either the Child Adult Care Food Program or the Summer Food Services
            Program between January 1, 2020 and January 31, 2022 regarding meal claim.
            validation instructions. This request includes, but is not limited to, correspondence or
            communication from the Minnesota Deparhnent of Education to Feeding Our Future
            or any representative thereof on April 15, 2021.

        •   All correspondence and communications from the Minnesota Department of
            Education, Feeding Our Future, or Partners in Quality Care to Afrique Hospitality
            Group regarding Afrique Hospitality Group's participation as a vendor in the Child
            Adult Care Food Program and/or the Summer Food Services Progxam between
            January 1, 2020 and January 31, 2022.

            Any correspondence or communications between the United States Department of
            Agriculture, the Minnesota Department of Education, Feeding Our Future, and/or
            Partners in Quality Caze, including any representatives thereof, regarding
            requirements for meals as set forth in 7 CFR 226.20 with respect to the Child Adult
            Care Food Program and/or the Summer Food Services Program between January 1,
            2020 and January 31, 2022.

        Your prompt attention to this request is appreciated.

       Thank you for your prompt attention to this subpoena. If you prefer to transmit the
documents to me electronically, please contact me so we can make those arrangements. You are
welcome to contact me by email at f oetz~goetzeckland.com. Please feel free to contact me
with any questions Qr concerns you may have.

                                      Sincerely,

                                              GOETZ & ECKLAND P.A.

                                                       ~         ~
                                              By       ~ ~ !.~
                                                        Frederic . Goetz
                                                       Andrew H. Mohring

~rG~~f
Encl.
                  CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 14 of 16


 AO 89B (07/16) Subpoena to Produce Documcnts, Information, or Objects in aCrimina! Case


                                      ~TNITEI7 STA,.T~S DISTRICT C~tJ~ZT
                                                                       for the
                                                             District of Minnesota

                   United States of America
                              v.
                                                                                    Case No. 22_CR-1 24 NEB f TNL

                             Defendant

                          SUBPOENA. TO PR~DUC~ DOCUN~NTSs XNFUx2MATxOIV~, O~2
                                      OBJECTS IN A CRIIYIINAL CASE
                    Assistant Commissioner Daron Korte or Custodian of Records,
 To:
                    Minnesota Department of Education, 40Q I3E Stinson, Blvd.,
                                                      (Name ofperson to tivhom this subpoena is directed)

       YOU ARE COM1~~A~NDED to produce at the time, date, and place set forth below the following books, papers,
 documents, data, or other objects: please see attached correspondence .



'~, Place:                                                               Date and Time:                                     -T
                       U.S. Courthouse, Courtroom 9W                                       February 29, 2024                         I
I                      300 S 4th St., Minneapolis, M~                                                10:00 a.m.                      i
l - - - -- _ ___ -- - ~_54a-_~--.     _ ---                                - _                                       ____ -
              Certain provisions of Fed. R. Crim. P. 17 are attached, including Rule 17(c)(2), relating to your ability to file a
  motion to quash or modify the subpoena; Rule 17(d) and (e), which govern service of subpoenas; and Rule 17{g),
  relating to your duty to respond to this subpoena and the potential consequences of not doing so.
             (SE~4Lj

 Da#e:
                                                                                    CLERK OF COURT

                                                                                           AC.~       / /~
                                                                                                Signature of Clerk or Deputy C erk


 The name, address, e-mail, and telephone number of the attorney representing (name ofparr~~) Mukhtar Sharif f
                                                                      _ __            ,who requests this subpoena, are:
                   Frederick J. Goetz, 6'15 1st Ave. NE, #425, Minneapolis, MN
                   55413, fgoetz@goetzeckland.com, 6~ 2-874-1 552

                                  Notice to those mho use this form to request a subpoena
Before requesting and serving a subpoena pursuant to Fed. R. Crim. P. 17(c), the party seeking the subpoena is advised to
consult the rules of practice of the court in which the criminal proceeding is pending to detezmine whether any Local rules
or orders establish requirements in connection. with the issuance of such a subpoena. If no local rules or orders govern
practice under Mule 17(c), counsel should ask the assigned judge whether the court regulates practice under Rule 17(c) t~
1) require prior judicial approval for the issuance of the subpoena, either on notice or ex parte; 2) specify where the
documents must be returned (e,g., to the court cXerk, the chambers of the assigned judge, or counsel's office); and 3}
require that counsel who receives produced documents provide them to opposing counsel absent a disclosure obligation
under Fed. R. Crim. P. 16.

Please note that Ruie 17(c) (attached) provides that a subpoena for the production of certain information about a victim
may not be issued unless f rst approved by separate court order.
                 CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 15 of 16


AO 89B (07/16) Subpoena to Produce Documents, Information, or Objects in a Criminal Case (Page 2)

Case No.

                                                              PROOF OF SERVICE

                                                                                                           `                                !~ ,~         r
          This SUbpOena fOP (name of individual and Title, Jany>                r             ..~              ~;        j~ ~ M (5~~ (~ er ~ V ►~ Dt
was received by me on (dare)                           r
                                                                                                                                                ~—

         `~ I served the subpoena by delivering a copy to the named person as follows:                                   ~~~~~(~             ~~,L ~ ~e,



       ~"(~C= j~~~ ~~l U1~c,.(/1            I vt~~ ,       1 ~ ~ I1Pu b~~~ tS    On (date)    ~                     ~~     , ~C~2.       ~ or

          Q I returned the subpoena unexecuted because:



          Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
          tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
          ~         r~.nn
My fees are $                                  for travel and $                              for services, for a total of $                     0.00


          I declare under penalty of perjury that this information is true.


Date: ~                      ~~
                                                                                               /Server's signature
                                                                                              t/
                                                                                                             .--
                                                                                    ~~ 1 ~~                          l               e       lJ... \~
                                                                                              Printed ame and title                      ~




                                                                             ~ ~~~           ~                              D~            r~       ~~~ 1V ~S1l ~
                                                                                                    Server's ad ress


Additional information regarding attempted service, etc.:
                  CASE 0:22-cr-00124-NEB-TNL Doc. 350 Filed 03/05/24 Page 16 of 16


 AO S9B (07`.6) Subpoena to traduce Documents, Inforr;~ation, or objects in a Criminal Case (Page 3)



                          Federal x2.ule of Criminal Procedure X7 (c), (d), (e), and (g) (E~feetive 12J~I08)
(c) Producing Documents ead Objecis.

      (1) Yn General. A subpoena may order the wiMess to produce any books, papers, documents. data, or other objects the subpoena
      designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in
      evidence. When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them.

      (2) Quashing or Modifying the Subpoena. On motion made promptly-, the court may Quash or modify the subpoena if compliance
      tivould be unreasonable or oppressive.

     ~3) Subpoena for Pcrsanal or Confidential Zn~'ormation About a Victim. After a complaint, indictment, or information is filed, a
     subpoena requiring the production oPpersonal or confidential information about a victim may be served on a third party only by court
     order. Before entering the order and unless there are excep+ional circumstances, the court must require giving notice to the victim so that
     the victim can move to quash or modify the subpoena or otherwise object.

(d) Service. A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve s subpoena. The server must deliver a copy
ofthe subpoena to the witness and must tender to the tivitness oae day's witness-atten,:ance fee and the legal mileage allowance. The server
need not tender the attendance; fee or mileage allowance when the United States, a federal officer, ;~r a federal agency has requested the
subpoena.

(e) Place of Service.

     (1) In the i'nited States. A subpoena requiring a witness to attend a hearing or trial may be served at any place within the United
     Slates.

     (2) In a Foreign Country. If the witness is in a foreign ,:ountry, 28 ('.S.C. § 178:1 governs the subpoena's service..

(g) Contempt. The court (other than a magistrate judged may h<Id in contempt a witness who, without adequate excuse, disobeys ~ subpoena
issued by n federal court in that district A magistrate judge may hold in contempt a witness who, without adequate excuse, disobeys a
subpoena ;ssued by that magistrate judge as provided in 28 L~.S.0 § 636(e).


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