EFTA00023817

Inline-Images: image001.jpg; image002.jpg Jen, Confirmed, thank you — we look forward to speaking with you shortly. Best,

Just confirming dial in details for our 4pm teleconference as follows:

1. Dial-in number(s): 2. Enter Guest PIN: Kind regards Jen Jennifer Richardson I Solicitor-Advocate Blackfords LLP I www.blackfords.com • RANKED IN • Chambers • UK a 4. 0 9 020%s ivalinotkin 300 TOP TIER 2020 COVID-19 — Please see our websiteherefor our updated position in relation to Coronavirus. In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling where we will respond to the messages in the order they are received or by emailing your enquiry to mited liability partnership registered in England & Wales with registered number A list of members' names is available at this 2 WAV we handle personal data can be found in o. Privacy Statement Authorised and regulated by the Solicitors Regulation Authority under number 462078.

Alison (USANYS) < ;

External email: is it safe to open attachments and links? Gary, Thank you for your email below, which we have received. We will confer on these issues and we look forward to speaking again on Monday. Regards, Assistant U.S. Attorney

Southern District of New York

A list of members' names is available at this a :fc GDPR: details of how we handle personal data can be found in oLrPrivacy Statement Authorised and regulated by the Solicitors Regulation Authority under number 462078.

On 29 Jul 2020, at 20:19,1 wrote: External email: is it safe to open attachments and links? Gary, A brief update to the below information — I should have included the specific jury instruction elements for 18 U.S.C. 1001, subsection (2), which likely would be more applicable to a prosecution based on a proffer statement. Although the knowing and willful element in particular is identical, we nevertheless wanted to provide this to you as well. Pursuant to Sand, Modern Federal Jury Instructions, Instruction 36-9 (Elements of the Offense), those elements are: First, on or about the date specified, the defendant made a statement or representation; Second, that this statement or representation was material; Third, the statement or representation was false, fictitious or fraudulent; Fourth, the false, fictitious or fraudulent statement was made knowingly and willfully; and Fifth, the statement or representation was made in a matter within the jurisdiction of the government of the United States (or federal funds were involved). Regards, Assistant U.S. Attorney

Southern District of New York

In relevant part, that statute states the following: "Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully-(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry [is guilty of an offense]. The full language of the statute is also available here. Regarding the elements required to prove such an offense, pursuant to Sand, Modern Federal Jury Instructions, Instruction 36-3 (Elements of the Offense), a conviction for this offense require that the following elements each must be proven beyond a reasonable doubt: First, that on or about the date specified in the indictment, the defendant falsified (or concealed or covered up) a material fact; Second, that the fact falsified (or concealed or covered up) was material; Third, that defendant did so by trick, scheme or device; Fourth, that defendant acted knowingly and willfully; and ; Jennifer Richardson <

Fifth, that the falsification, concealment or coverup was with respect to a matter within the jurisdiction of the government of the United States (if applicable: or that federal funds were involved). You may note in particular the inclusion of the "knowingly and willfully" requirement, as we discussed. We also understand that you will send us, to the extent you believe it is relevant or helpful for our consideration, any particular provisions or protections contemplated under the MLAT process, and which of those, if any, you believe are relevant, or should be applicable, to a voluntary interview. We look forward to speaking with you again this coming Monday, August 3, at 4:00 p.m. (LDN time), and we further confirm, as discussed, that our Office is prepared to extend the Negotiation Period, referenced in our email of July 14, 2020, for two weeks from our call yesterday, to August 10, 2020, under the terms previously mutually agreed upon. Regards, Assistant U.S. Attorney

Southern District of New York