1016-00009 · Dunmore Energy Holdings · Subpoena Response & DOJ Correspondence

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CALDERWOOD & HARKNESS LLP Attorneys at Law

1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006

Telephone: (202) 555-7800 Facsimile: (202) 555-7801 www.calderwoodharkness.com

November 1, 2022

VIA HAND DELIVERY AND SECURE ELECTRONIC TRANSFER

Meredith Calloway, Esq. Assistant United States Attorney National Security Division Counterintelligence and Export Control Section (CES) U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530

Re: In the Matter of Dunmore Energy Holdings Ltd. — Document Production No. 1 in Response to Grand Jury Subpoena GJ No. 22-418 (Grand Jury 22-2, U.S. District Court for the District of Columbia)

Calderwood & Harkness Matter No.: 1016-00009

Dear Ms. Calloway:

I. Introduction and Purpose

Calderwood & Harkness LLP represents Dunmore Energy Holdings Ltd. ("Dunmore" or "DEH"), an exempted company incorporated with limited liability under the laws of the Cayman Islands, with operational headquarters at 1200 McKinney Street, Suite 3400, Houston, Texas 77010, and its subsidiaries (collectively, the "Company"), in connection with the inquiry opened by the National Security Division of the U.S. Department of Justice concerning, among other things, potential violations of U.S. sanctions regulations and export control laws. This letter accompanies the Company's first production of documents in response to Grand Jury Subpoena GJ No. 22-418 (the "Subpoena"), issued on April 19, 2022, by the U.S. District Court for the District of Columbia, Grand Jury 22-2, and served upon the Company on or about the same date.

As you are aware, the Subpoena originally set a return date of May 19, 2022. By agreement memorialized in your correspondence of April 28, 2022, the return date was extended to July 19, 2022, to allow the Company sufficient time to assemble a qualified review team, engage an e-discovery vendor, and commence the identification, collection, and preservation of potentially responsive documents across multiple jurisdictions. Thereafter, by letter from the undersigned dated July 10, 2022, the parties agreed to a rolling production protocol pursuant to which the Company would produce responsive, non-privileged documents in tranches on a schedule designed to prioritize the categories of materials of greatest immediate interest to the government, with documents to be Bates-stamped using the prefix "DEH-DOJ" followed by a sequential seven-digit number.

This letter accompanies the first tranche of documents produced pursuant to those agreements. As set forth in greater detail below, this production consists of 287,412 documents, Bates-numbered DEH-DOJ-000001 through DEH-DOJ-287412, together with an accompanying privilege log and production index.

Dunmore reaffirms its continued commitment to full and voluntary cooperation with the Department of Justice in connection with this investigation. This commitment is consistent with the position articulated in the Company's initial proffer letter dated July 15, 2022, and in subsequent discussions between counsel for the Company and representatives of the Counterintelligence and Export Control Section. The Company has taken, and continues to take, significant affirmative steps to cooperate with the government's inquiry, as further described in Section VIII of this letter.

II. Scope of Production

The documents produced herewith are responsive to all six categories of documents and information identified in the Subpoena. For clarity, those categories are summarized below:

(a) All documents and communications relating to Petronova Trading FZE, a free zone entity incorporated in Sharjah, United Arab Emirates, including but not limited to all contracts, agreements, correspondence, invoices, payment records, and due diligence materials concerning transactions between any Dunmore entity and Petronova Trading FZE;

(b) All documents and communications relating to Volkhov Industrial Group JSC, a joint stock company organized under the laws of the Russian Federation, including any direct or indirect business relationships, joint ventures, agency agreements, or other commercial arrangements between any Dunmore entity and Volkhov Industrial Group JSC or any of its subsidiaries, affiliates, or agents;

(c) All documents and communications relating to Zenith Petroleum DMCC, a company registered in the Dubai Multi Commodities Centre, including but not limited to all trading agreements, confirmations, swap documentation, and correspondence relating to transactions in crude oil, refined petroleum products, or petrochemical commodities;

(d) All documents and communications relating to Caspian Logistik GmbH, a company organized under the laws of the Federal Republic of Germany, including all contracts, shipping documentation, freight forwarding agreements, bills of lading, commercial invoices, and end-user certificates relating to the transport of oilfield equipment or components;

(e) All documents and communications relating to transactions involving Russian-origin crude oil or refined petroleum products, including Urals-grade crude, ESPO blend, or any blended or re-branded crude oil or refined products of Russian Federation origin, whether transacted directly or through intermediaries; and

(f) All documents and communications relating to exports, re-exports, or transfers (in-country) of oilfield equipment or components to the Russian Federation, the Republic of Belarus, or to any person or entity designated on the OFAC Specially Designated Nationals and blocked Persons List (SDN List), the Bureau of Industry and Security Entity List, or the Denied Persons List, including all export license applications, license determinations, commodity classification requests, and related compliance assessments.

The temporal scope of the collection and review is January 1, 2019, through the present date, consistent with the Subpoena's instructions. Documents created or received outside this temporal scope were excluded from the responsive universe except where necessary to provide context for transactions or communications within scope.

Documents were collected from custodians and data sources across six jurisdictions: the Cayman Islands, the United Arab Emirates (Dubai), the United States (Houston, Texas, and Wilmington, Delaware), Germany (Hamburg), Nigeria (Lagos), and the United Kingdom (London). The Company undertook significant efforts to ensure complete and accurate collection across these jurisdictions, including coordination with local counsel in each jurisdiction to address applicable data privacy and data protection requirements.

The principal Dunmore entities from which documents were collected are as follows:

1. Dunmore Energy Holdings Ltd. — George Town, Grand Cayman, Cayman Islands. DEH is the ultimate parent company of the Dunmore group and the entity to which the Subpoena was directed. Documents collected from DEH include board of directors' minutes, management reports, internal memoranda, compliance policies, and executive-level correspondence.

2. Dunmore Trading International Ltd. — Level 14, Gate Building 3, Dubai International Financial Centre, Dubai, United Arab Emirates (DIFC License No. CL-4827). Dunmore Trading International Ltd. ("DTI") is the primary operating subsidiary through which the Company's commodity trading activities are conducted. DTI is the principal source of responsive documents in this production, accounting for the substantial majority of the trading records, counterparty correspondence, payment records, and compliance files produced herewith.

3. Dunmore upstream Americas LLC — Houston, Texas (Employer Identification Number 84-2937561). Dunmore upstream Americas LLC ("DUA") is the Company's U.S.-based subsidiary responsible for upstream exploration and production activities in the Americas. Documents collected from DUA include financial records, export documentation, and compliance files maintained at the Houston office.

4. Dunmore Renewables GmbH — Überseeallee 12, 20457 Hamburg, Germany. Dunmore Renewables GmbH ("DRG") is the Company's German subsidiary. Documents collected from DRG include correspondence and logistics documentation relating to Caspian Logistik GmbH and certain European-based counterparties.

5. Dunmore Exploration West Africa Ltd. — 14B Kofo Abayomi Street, Victoria Island, Lagos, Nigeria. Dunmore Exploration West Africa Ltd. ("DEWA") is the Company's Nigerian subsidiary. A limited number of responsive documents were collected from DEWA relating to crude oil trading activities with counterparties referenced in the Subpoena.

Document collection, processing, and technology-assisted review ("TAR") were conducted by Nexagen Analytics Inc. ("Nexagen"), a nationally recognized e-discovery services provider, under Project No. NX-DEH-2204, retained under the direction of Calderwood & Harkness. Nexagen's review platform, processing protocols, and TAR methodology were designed to ensure comprehensive identification of responsive documents while maintaining the integrity and chain of custody of all collected materials. A summary of the TAR methodology and validation metrics is available upon request.

III. Production Volume and Bates Range

This first production consists of 287,412 documents, bearing Bates numbers DEH-DOJ-000001 through DEH-DOJ-287412.

Documents are produced in the format agreed upon in the rolling production protocol: native-format files are produced as native where the format is material to the document's content or functionality (e.g., spreadsheets, databases), and all other documents are produced as single-page TIFF images accompanied by extracted text files (.txt) and metadata load files (.dat and .opt), consistent with EDRM standards. Each document is accompanied by a load file containing the following metadata fields, among others: Bates begin, Bates end, custodian, author, date created, date last modified, date sent, date received, from, to, cc, bcc, subject line, file name, file extension, file size, and MD5 hash value.

The production is delivered via two methods, as follows:

(a) Physical Delivery: Two (2) AES-256 encrypted external hard drives, labeled "DEH-DOJ Production No. 1 — Drive 1 of 2" and "DEH-DOJ Production No. 1 — Drive 2 of 2," delivered by hand to the offices of the Counterintelligence and Export Control Section at the Department of Justice on the date of this letter. Decryption credentials have been transmitted separately to AUSA Calloway via the agreed secure communication channel.

(b) Electronic Delivery: A duplicate copy of the full production is transmitted simultaneously via the agreed secure electronic transfer platform (Harborview Software Government instance, workspace "DOJ-CES-DunmoreEnergy-2022"), accessible to authorized DOJ and FBI personnel.

For context regarding the overall scope of the review, the total document universe collected across all custodians and entities was approximately 2,347,812 documents (including email, attachments, and loose files). Following de-duplication, date filtering, and application of agreed-upon search terms, a review population of approximately 1,014,300 documents was identified. Technology-assisted review was applied to this population using a continuous active learning protocol, with iterative human review by qualified attorney reviewers under the supervision of Calderwood & Harkness partners and senior associates. Following the completion of the TAR review on October 15, 2022, a total of 438,916 documents were determined to be responsive to one or more categories of the Subpoena.

This first production represents a prioritized subset of the full responsive population. Consistent with the government's expressed priorities, this tranche focuses on the most directly responsive categories, including: (i) trading records and counterparty correspondence relating to Petronova Trading FZE and Zenith Petroleum DMCC; (ii) export and shipping documentation relating to Caspian Logistik GmbH; (iii) financial and payment records from Crescent Commercial Bank PJSC accounts; and (iv) compliance and due diligence records maintained by the former Chief Compliance Officer. The remaining responsive documents will be produced in subsequent tranches, as described in Section VII below.

IV. Privilege Withholdings

Certain documents within the responsive universe have been withheld from this production on the basis of the attorney-client privilege, the work product doctrine, or both. These withholdings reflect the Company's good-faith application of applicable privilege protections to documents and communications that fall within the scope of recognized privileges under federal law.

A detailed privilege log accompanies this production, as Enclosure 2 hereto. The privilege log identifies each withheld document by Bates number (assigned from a reserved privilege log Bates range), date, author, recipient(s), privilege basis (i.e., attorney-client privilege, work product — ordinary, work product — opinion, or joint defense privilege), and a description of the document sufficient to permit the government to evaluate the privilege claim without revealing the substance of the privileged communication or mental impressions.

The total number of documents withheld on privilege grounds across the full responsive set of 438,916 documents is 12,847. The privilege log accompanying this first production covers the privilege withholdings applicable to the documents that would otherwise have been included in this tranche. The Company reserves the right to supplement the privilege log as appropriate in connection with subsequent productions, and to assert privilege over additional documents as they are identified during the ongoing review process.

The Company further notes, by reference to the Memorandum re: Privilege & Work Product Protections — Protocol for Selective Waiver to DOJ & OFAC, dated July 1, 2022, prepared by Calderwood & Harkness and provided to the DOJ, that any selective waivers of privilege made in connection with proffer presentations to the Department of Justice or to the Office of Foreign Assets Control of the U.S. Department of the Treasury do not constitute, and shall not be construed as constituting, a broader waiver of the attorney-client privilege or work product protection as to any third party, including in any subsequent civil, regulatory, or criminal proceeding. Dunmore relies upon the protections set forth in Federal Rule of Evidence 502(d) and (e) and applicable case law in this District supporting the enforceability of selective waiver agreements in the context of government investigations.

Should any dispute arise regarding any specific privilege assertion, the Company is prepared to submit the disputed document(s) for in camera review by the Court or to engage in a meet-and-confer process with the government, as appropriate.

V. Key Custodians Included in This Production

The following individuals are the principal custodians whose documents are included in this first production tranche. Certain custodians are current employees of the Company, while others are former employees who have separated from the Company during the course of the investigation. Where a custodian is represented by individual counsel, such representation is noted below.

1. Derek Hargrave — Former President, Dunmore Trading International Ltd. Mr. Hargrave served as President of DTI from January 2018 until his placement on administrative leave on July 1, 2022. He was formally separated from the Company effective October 1, 2022. Mr. Hargrave is represented by individual counsel: James Overstreet, Esq., Overstreet & McClain PLLC, 2100 Ross Avenue, Suite 2800, Dallas, Texas 75201. Mr. Hargrave's documents constitute a significant portion of this production, reflecting his central role in the trading activities under inquiry.

2. Natasha Sorokin — Former Senior Trader, Dunmore Trading International Ltd. Ms. Sorokin was a Senior Trader at DTI responsible for commodity swap transactions with various counterparties, including Petronova Trading FZE and Zenith Petroleum DMCC. She was placed on administrative leave on May 16, 2022, and separated from the Company effective September 15, 2022. Ms. Sorokin is represented by individual counsel: Philip Keane, Esq., Wexford Keane LLP, 1200 New Hampshire Avenue NW, Suite 600, Washington, D.C. 20036. Her documents include trading correspondence, transaction records, and internal communications regarding the counterparties and transactions at issue.

3. Omar Al-Rashidi — Head of Middle East Operations, Dunmore Trading International Ltd. Mr. Al-Rashidi is a current employee of DTI based in Dubai. His documents include counterparty correspondence, due diligence records, and operational communications relating to DTI's Middle East trading operations.

4. Yves Leclerc — Director of Logistics & Shipping, Dunmore Trading International Ltd. Mr. Leclerc is a current employee of DTI responsible for coordinating shipping, logistics, and freight forwarding operations. His documents include bills of lading, shipping instructions, and correspondence with Caspian Logistik GmbH and other logistics providers.

5. Rajesh Malhotra — Controller, Dunmore Trading International Ltd. Mr. Malhotra is a current employee of DTI responsible for financial reporting and accounting for the trading subsidiary. His documents include payment records, wire transfer documentation, and financial reconciliation reports relating to the counterparties and transactions at issue.

6. Gerald Fisk — Former Chief Compliance Officer, Dunmore Energy Holdings Ltd. Mr. Fisk served as CCO of DEH from March 2017 until his departure from the Company on June 10, 2022. Mr. Fisk is represented by individual counsel: Catherine Blackthorn, Esq., Blackthorn & Associates LLP, 3200 Southwest Freeway, Suite 1800, Houston, Texas 77027. His documents include compliance review memoranda, OFAC screening records, KYC documentation, and internal correspondence regarding sanctions compliance and counterparty due diligence.

7. Marcus Wellbourne — General Counsel, Dunmore Energy Holdings Ltd. Mr. Wellbourne is a current employee of DEH. Certain documents from Mr. Wellbourne's files are included in this production, while others have been withheld on the basis of the attorney-client privilege or work product doctrine and are identified on the accompanying privilege log.

8. Sandra Whitfield — Chief Financial Officer, Dunmore Energy Holdings Ltd. Ms. Whitfield is a current employee of DEH. Her documents include financial reports, board presentations, and correspondence regarding the Company's financial oversight of the trading subsidiary's operations.

9. Callum Renshaw — Chief Executive Officer, Dunmore Energy Holdings Ltd. Mr. Renshaw is a current employee of DEH. His documents include board minutes, executive-level correspondence, and management reports concerning the Company's global trading operations and compliance framework.

10. Tobias Engel — Managing Director, Dunmore Renewables GmbH. Mr. Engel is a current employee of DRG based in Hamburg, Germany. His documents include correspondence and operational records relating to interactions with Caspian Logistik GmbH and export-related activities coordinated through the German subsidiary.

In addition to the custodial documents described above, this production includes documents from non-custodial sources, including shared network drives maintained at the DTI Dubai offices and DUA Houston offices, trading system databases (including the Company's Northpoint Software platform and Vireo Technologies), financial databases (including Aldermere Services Inc. records), and email archives maintained on the Company's Strathmore Data Systems and Ashbury Software environments. These non-custodial sources were collected and processed by Nexagen in accordance with the collection protocols approved by Calderwood & Harkness.

VI. Document Categories and Organization

To facilitate the government's review of this production, the documents have been organized into the following principal categories. Each category is identified in the production index (Enclosure 3) by a corresponding category code, and the Bates ranges for each category are set forth in that index.

A. Trading Records

This category encompasses transaction documentation, trade tickets, deal confirmations, and swap agreements relating to the fourteen (14) crude oil swap transactions entered into between Dunmore Trading International Ltd. and Petronova Trading FZE and Zenith Petroleum DMCC during the period from June 2020 through February 2022. The aggregate notional value of these fourteen transactions is approximately $218.7 million. Documents in this category include, among other things: ISDA Master Agreements and schedules, individual transaction confirmations, pricing term sheets, margin call documentation, position reports, and internal deal approval memoranda.

B. Export and Shipping Records

This category encompasses documentation relating to the export of oilfield equipment and components classified under Export Administration Regulations ("EAR") Export Control Classification Numbers ("ECCN") 2B350 and 2B999, with an aggregate declared value of approximately $12.4 million. These exports were shipped via Caspian Logistik GmbH, which served as freight forwarder and logistics coordinator. Documents in this category include: bills of lading (ocean and air), commercial invoices, packing lists, end-user certificates, end-use statements, export license applications and determinations, Automated Export System (AES) filings, commodity classification determinations, and internal routing and shipping instructions prepared by Yves Leclerc and his logistics team.

C. Financial and Payment Records

This category encompasses wire transfer records, payment instructions, SWIFT messages, and banking correspondence from the accounts of Dunmore Trading International Ltd. maintained at Crescent Commercial Bank PJSC, Dubai (Account Nos. ending -4782 and -6109), relating to payments between DTI and the counterparties identified in the Subpoena. Included in this category are records of payments to and from Petronova Trading FZE, Zenith Petroleum DMCC, and Caspian Logistik GmbH, as well as documentation relating to intermediary accounts through which certain payments were routed. This category also includes reconciliation reports, accounts payable and receivable records, and internal financial analyses prepared by Controller Rajesh Malhotra.

D. Compliance Records

This category encompasses OFAC screening records, counterparty due diligence files, know-your-customer ("KYC") documentation, beneficial ownership analyses, and compliance review memoranda maintained by the former Chief Compliance Officer, Gerald Fisk, and the compliance department of Dunmore Energy Holdings Ltd. and Dunmore Trading International Ltd. Documents in this category include: OFAC SDN List screening results generated by the Company's Kestrel Software and Glenrock Solutions platforms, compliance approval forms for new counterparty onboarding, risk assessment memoranda, and internal audit reports concerning the Company's sanctions compliance program. These records are particularly relevant to the government's inquiry into the adequacy of the Company's compliance infrastructure during the period in question.

E. Communications

This category encompasses email correspondence, instant messages (including Westmark Services Inc. Chat, Northgate Data Systems, and Meridian Services Inc. messages where preserved), and other written communications among Dunmore personnel, and between Dunmore personnel and representatives of the counterparties at issue, including: Sergei Volkov (Petronova Trading FZE), Farhan Qureshi (Zenith Petroleum DMCC), Klaus Weidemann (Caspian Logistik GmbH), and other relevant third parties. The communications in this category were collected from custodial mailboxes, shared mailbox archives, and the Company's Vireo Services Inc. terminals. Communications that are subject to the attorney-client privilege or work product protection have been withheld and logged on the accompanying privilege log.

F. Corporate Records

This category encompasses board of directors' minutes and resolutions, management committee reports, internal memoranda, strategic planning documents, and corporate governance records from Dunmore Energy Holdings Ltd. and Dunmore Trading International Ltd. that reference the counterparties, transactions, or compliance matters at issue in the government's inquiry. This category includes minutes from meetings of the Board of Directors of DEH during the period from January 2019 through the present, as well as presentations prepared for and delivered to the board and its committees concerning the Company's trading operations, risk management framework, and compliance programs.

VII. Ongoing Collection and Future Productions

Dunmore anticipates making a second production of the remaining responsive documents on or about January 2023, subject to the completion of the ongoing document review. Bates numbering for the second production will continue sequentially from DEH-DOJ-287413. The Company expects that the second production will encompass the remaining approximately 151,504 responsive documents, subject to any additional privilege withholdings identified during review.

Calderwood & Harkness will continue to work with Nexagen Analytics Inc. (Brian Cavanaugh, Project Manager, Telephone: (212) 555-4390) to complete the review and production of the remaining responsive documents in a timely manner. The Company's review team is currently focused on completing the quality control review of the second tranche and resolving any outstanding privilege determinations.

Should the government identify specific categories of documents or specific custodians that should be prioritized in the second production, Calderwood & Harkness will endeavor to accommodate such requests to the extent practicable. We invite the government to communicate any such priorities at its earliest convenience so that the review team may organize its workflow accordingly.

The Company reserves the right to supplement or correct this production if additional responsive documents are identified through ongoing collection efforts, if errors in processing are discovered, or if documents initially withheld on privilege grounds are subsequently determined to be non-privileged or subject to a crime-fraud exception determination by the Court. In the event that any supplementation or correction is warranted, Calderwood & Harkness will promptly notify the government and provide the corrected or supplemental materials as expeditiously as possible.

VIII. Cooperation and Investigation Status

Dunmore reaffirms its ongoing and affirmative cooperation with the Department of Justice in connection with this inquiry. Since the issuance of the Subpoena in April 2022, the Company has undertaken the following steps in furtherance of its cooperation:

Witness Interviews. The Company has facilitated three rounds of witness interviews to date. The first round consisted of twenty-two (22) interviews conducted between May 18 and June 30, 2022, involving current and former employees of DTI, DEH, and DUA, at the offices of Calderwood & Harkness in Washington, D.C. and Houston, Texas. The second round consisted of fifteen (15) interviews conducted between August 5 and September 30, 2022, focusing on additional custodians and fact witnesses identified during the first round. A third round of interviews is anticipated, and Calderwood & Harkness is prepared to coordinate scheduling with the government at its convenience.

Forensic Accounting Analysis. At the Company's initiative and expense, Dunmore has retained Ridgeline Advisory Group LLC ("Ridgeline"), a forensic accounting and financial advisory firm, to conduct a comprehensive forensic accounting analysis of the transactions at issue. The engagement is led by Dr. Margaret Liu, Managing Director (Engagement No. RAG-2022-0319). Ridgeline's analysis is ongoing and is expected to encompass a detailed reconstruction of payment flows, an analysis of pricing anomalies in the subject swap transactions, and an assessment of the financial controls environment at DTI during the relevant period. The Company anticipates that the results of this analysis will be made available to the government in connection with a supplemental proffer.

Compliance Remediation. The Company has taken significant remedial steps to strengthen its sanctions compliance and export control compliance programs. On August 1, 2022, the Company appointed Priya Nayar as its new Chief Compliance Officer, replacing Gerald Fisk, who departed the Company on June 10, 2022. Ms. Nayar, who previously served as Deputy General Counsel for Compliance at a major international energy company, has been charged with conducting a comprehensive review of the Company's compliance infrastructure, including its OFAC and EAR screening protocols, counterparty due diligence procedures, and compliance training programs. The Company has also engaged an independent compliance consultant to conduct a root-cause analysis and recommend enhancements to the compliance program.

Personnel Actions. As previously communicated to the government, the Company placed Derek Hargrave, former President of DTI, on administrative leave effective July 1, 2022, and formally separated him from the Company effective October 1, 2022. Natasha Sorokin, former Senior Trader at DTI, was placed on administrative leave on May 16, 2022, and was separated from the Company effective September 15, 2022. These personnel actions were taken following the initial findings of the internal investigation and in consultation with the Company's Board of Directors.

Proffer Presentations. The Company provided an initial proffer to the Department of Justice on July 15, 2022, through a presentation by the undersigned and Howard Quinn, Partner, Calderwood & Harkness LLP, at the offices of the Counterintelligence and Export Control Section. The Company anticipates providing a supplemental proffer in the near term, incorporating the results of the forensic accounting analysis and additional factual findings from the internal investigation.

Dunmore continues to conduct its internal investigation under the direction of Calderwood & Harkness, and Calderwood & Harkness will provide further substantive updates to the Department of Justice as the investigation progresses. The Company remains committed to timely and transparent cooperation and to the resolution of this matter in a manner consistent with the government's expectations.

IX. Reservations

Notwithstanding the production of documents herewith and the Company's ongoing cooperation with the government's inquiry, Dunmore expressly reserves all rights and objections to the Subpoena not expressly waived by this production, including but not limited to any objections based on the breadth, burden, or relevance of the Subpoena's demands, the extraterritorial scope of the document requests, and any applicable foreign data privacy or blocking statute protections.

The production of documents herewith does not constitute a waiver of any applicable privilege, immunity, or protection except as to documents actually produced in this tranche. To the extent that any document is inadvertently produced that is subject to the attorney-client privilege, work product doctrine, or any other applicable privilege or protection, such production is inadvertent and does not constitute a waiver of the privilege or protection as to that document or any other document, in accordance with Federal Rule of Evidence 502(b) and the terms of any applicable clawback agreement between the parties. The Company reserves the right to recall any such inadvertently produced document upon identification.

Dunmore does not concede the relevance, authenticity, or admissibility of any document produced herewith. Production of a document does not constitute an admission that the document is relevant to any charge, allegation, or theory of liability, nor does it constitute authentication of the document for any purpose.

This production is made subject to the protective order or confidentiality agreement to be negotiated between the parties. As discussed in the correspondence between the undersigned and AUSA Calloway dated September 12, 2022, pending the execution of a formal protective order or confidentiality agreement, the Department of Justice has agreed to treat all documents produced by Dunmore as confidential and to limit access to such documents to authorized personnel within the National Security Division, the Counterintelligence and Export Control Section, and the Federal Bureau of Investigation who are directly involved in the investigation. The Company reserves all rights to seek entry of a formal protective order by the Court should the parties be unable to reach agreement on the terms of a confidentiality agreement.

X. Contact Information

Should you or any member of the government's team have questions or requests regarding this production, or regarding any aspect of the Company's cooperation with the investigation, please do not hesitate to contact the following members of the Calderwood & Harkness team:

Victoria Chambers, Partner Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 Telephone: (202) 555-7812

Email: vchambers@calderwoodharkness.com

Jasmine Thornton, Associate Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 Telephone: (202) 555-7834

Email: jthornton@calderwoodharkness.com

Thomas Bradshaw, Senior Paralegal, e-discovery Lead Calderwood & Harkness LLP 450 Lexington Avenue, 38th Floor New York, NY 10017 Telephone: (212) 555-9247

Email: tbradshaw@calderwoodharkness.com

(For technical questions regarding production format, media, load files, or Bates numbering)

We trust that this production will be of assistance to the government in its inquiry. We look forward to continuing our cooperative dialogue with your office and remain available to address any questions or concerns that may arise upon your review of the enclosed materials.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Victoria Chambers Partner Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 Telephone: (202) 555-7812

Email: vchambers@calderwoodharkness.com

cc: (via email)

Samuel Kovacs, Trial Attorney, Counterintelligence and Export Control Section, DOJ National Security Division

Diana Pressman, Trial Attorney, Counterintelligence and Export Control Section, DOJ National Security Division

Special Agent Paul Reinhardt, FBI Counterintelligence Division, Washington Field Office

Marcus Wellbourne, Esq., General Counsel, Dunmore Energy Holdings Ltd.

Howard Quinn, Partner, Calderwood & Harkness LLP

Jasmine Thornton, Associate, Calderwood & Harkness LLP

Conrad Reeves, Senior Counsel, Calderwood & Harkness LLP

Enclosures:

Enclosure 1: Production Media — Two (2) AES-256 encrypted external hard drives containing 287,412 documents (Bates DEH-DOJ-000001 through DEH-DOJ-287412), with load files, extracted text, and TIFF images

Enclosure 2: Privilege Log — First Production (dated November 1, 2022)

Enclosure 3: Production Index and Bates Log, including document category codes, custodian assignments, and Bates range summary

CONFIDENTIAL — This letter and the enclosed materials are confidential and are provided to the U.S. Department of Justice and the Federal Bureau of Investigation in connection with Grand Jury Subpoena GJ No. 22-418. Distribution of this letter and the enclosed materials is limited to authorized government personnel directly involved in this investigation, pending execution of a formal protective order or confidentiality agreement. Any unauthorized disclosure, copying, or distribution is prohibited.

CALDERWOOD & HARKNESS LLP Attorneys at Law
1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006
Telephone: (202) 555-7800 Facsimile: (202) 555-7801 www.calderwoodharkness.com
November 1, 2022
VIA HAND DELIVERY AND SECURE ELECTRONIC TRANSFER
Meredith Calloway, Esq. Assistant United States Attorney National Security Division Counterintelligence and Export Control Section (CES) U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530
Re: In the Matter of Dunmore Energy Holdings Ltd. — Document Production No. 1 in Response to Grand Jury Subpoena GJ No. 22-418 (Grand Jury 22-2, U.S. District Court for the District of Columbia)
Calderwood & Harkness Matter No.: 1016-00009
Dear Ms. Calloway:
I. Introduction and Purpose
Calderwood & Harkness LLP represents Dunmore Energy Holdings Ltd. ("Dunmore" or "DEH"), an exempted company incorporated with limited liability under the laws of the Cayman Islands, with operational headquarters at 1200 McKinney Street, Suite 3400, Houston, Texas 77010, and its subsidiaries (collectively, the "Company"), in connection with the inquiry opened by the National Security Division of the U.S. Department of Justice concerning, among other things, potential violations of U.S. sanctions regulations and export control laws. This letter accompanies the Company's first production of documents in response to Grand Jury Subpoena GJ No. 22-418 (the "Subpoena"), issued on April 19, 2022, by the U.S. District Court for the District of Columbia, Grand Jury 22-2, and served upon the Company on or about the same date.
As you are aware, the Subpoena originally set a return date of May 19, 2022. By agreement memorialized in your correspondence of April 28, 2022, the return date was extended to July 19, 2022, to allow the Company sufficient time to assemble a qualified review team, engage an e-discovery vendor, and commence the identification, collection, and preservation of potentially responsive documents across multiple jurisdictions. Thereafter, by letter from the undersigned dated July 10, 2022, the parties agreed to a rolling production protocol pursuant to which the Company would produce responsive, non-privileged documents in tranches on a schedule designed to prioritize the categories of materials of greatest immediate interest to the government, with documents to be Bates-stamped using the prefix "DEH-DOJ" followed by a sequential seven-digit number.
This letter accompanies the first tranche of documents produced pursuant to those agreements. As set forth in greater detail below, this production consists of 287,412 documents, Bates-numbered DEH-DOJ-000001 through DEH-DOJ-287412, together with an accompanying privilege log and production index.
Dunmore reaffirms its continued commitment to full and voluntary cooperation with the Department of Justice in connection with this investigation. This commitment is consistent with the position articulated in the Company's initial proffer letter dated July 15, 2022, and in subsequent discussions between counsel for the Company and representatives of the Counterintelligence and Export Control Section. The Company has taken, and continues to take, significant affirmative steps to cooperate with the government's inquiry, as further described in Section VIII of this letter.
II. Scope of Production
The documents produced herewith are responsive to all six categories of documents and information identified in the Subpoena. For clarity, those categories are summarized below:
(a) All documents and communications relating to Petronova Trading FZE, a free zone entity incorporated in Sharjah, United Arab Emirates, including but not limited to all contracts, agreements, correspondence, invoices, payment records, and due diligence materials concerning transactions between any Dunmore entity and Petronova Trading FZE;
(b) All documents and communications relating to Volkhov Industrial Group JSC, a joint stock company organized under the laws of the Russian Federation, including any direct or indirect business relationships, joint ventures, agency agreements, or other commercial arrangements between any Dunmore entity and Volkhov Industrial Group JSC or any of its subsidiaries, affiliates, or agents;
(c) All documents and communications relating to Zenith Petroleum DMCC, a company registered in the Dubai Multi Commodities Centre, including but not limited to all trading agreements, confirmations, swap documentation, and correspondence relating to transactions in crude oil, refined petroleum products, or petrochemical commodities;
(d) All documents and communications relating to Caspian Logistik GmbH, a company organized under the laws of the Federal Republic of Germany, including all contracts, shipping documentation, freight forwarding agreements, bills of lading, commercial invoices, and end-user certificates relating to the transport of oilfield equipment or components;
(e) All documents and communications relating to transactions involving Russian-origin crude oil or refined petroleum products, including Urals-grade crude, ESPO blend, or any blended or re-branded crude oil or refined products of Russian Federation origin, whether transacted directly or through intermediaries; and
(f) All documents and communications relating to exports, re-exports, or transfers (in-country) of oilfield equipment or components to the Russian Federation, the Republic of Belarus, or to any person or entity designated on the OFAC Specially Designated Nationals and blocked Persons List (SDN List), the Bureau of Industry and Security Entity List, or the Denied Persons List, including all export license applications, license determinations, commodity classification requests, and related compliance assessments.
The temporal scope of the collection and review is January 1, 2019, through the present date, consistent with the Subpoena's instructions. Documents created or received outside this temporal scope were excluded from the responsive universe except where necessary to provide context for transactions or communications within scope.
Documents were collected from custodians and data sources across six jurisdictions: the Cayman Islands, the United Arab Emirates (Dubai), the United States (Houston, Texas, and Wilmington, Delaware), Germany (Hamburg), Nigeria (Lagos), and the United Kingdom (London). The Company undertook significant efforts to ensure complete and accurate collection across these jurisdictions, including coordination with local counsel in each jurisdiction to address applicable data privacy and data protection requirements.
The principal Dunmore entities from which documents were collected are as follows:
1. Dunmore Energy Holdings Ltd. — George Town, Grand Cayman, Cayman Islands. DEH is the ultimate parent company of the Dunmore group and the entity to which the Subpoena was directed. Documents collected from DEH include board of directors' minutes, management reports, internal memoranda, compliance policies, and executive-level correspondence.
2. Dunmore Trading International Ltd. — Level 14, Gate Building 3, Dubai International Financial Centre, Dubai, United Arab Emirates (DIFC License No. CL-4827). Dunmore Trading International Ltd. ("DTI") is the primary operating subsidiary through which the Company's commodity trading activities are conducted. DTI is the principal source of responsive documents in this production, accounting for the substantial majority of the trading records, counterparty correspondence, payment records, and compliance files produced herewith.
3. Dunmore upstream Americas LLC — Houston, Texas (Employer Identification Number 84-2937561). Dunmore upstream Americas LLC ("DUA") is the Company's U.S.-based subsidiary responsible for upstream exploration and production activities in the Americas. Documents collected from DUA include financial records, export documentation, and compliance files maintained at the Houston office.
4. Dunmore Renewables GmbH — Überseeallee 12, 20457 Hamburg, Germany. Dunmore Renewables GmbH ("DRG") is the Company's German subsidiary. Documents collected from DRG include correspondence and logistics documentation relating to Caspian Logistik GmbH and certain European-based counterparties.
5. Dunmore Exploration West Africa Ltd. — 14B Kofo Abayomi Street, Victoria Island, Lagos, Nigeria. Dunmore Exploration West Africa Ltd. ("DEWA") is the Company's Nigerian subsidiary. A limited number of responsive documents were collected from DEWA relating to crude oil trading activities with counterparties referenced in the Subpoena.
Document collection, processing, and technology-assisted review ("TAR") were conducted by Nexagen Analytics Inc. ("Nexagen"), a nationally recognized e-discovery services provider, under Project No. NX-DEH-2204, retained under the direction of Calderwood & Harkness. Nexagen's review platform, processing protocols, and TAR methodology were designed to ensure comprehensive identification of responsive documents while maintaining the integrity and chain of custody of all collected materials. A summary of the TAR methodology and validation metrics is available upon request.
III. Production Volume and Bates Range
This first production consists of 287,412 documents, bearing Bates numbers DEH-DOJ-000001 through DEH-DOJ-287412.
Documents are produced in the format agreed upon in the rolling production protocol: native-format files are produced as native where the format is material to the document's content or functionality (e.g., spreadsheets, databases), and all other documents are produced as single-page TIFF images accompanied by extracted text files (.txt) and metadata load files (.dat and .opt), consistent with EDRM standards. Each document is accompanied by a load file containing the following metadata fields, among others: Bates begin, Bates end, custodian, author, date created, date last modified, date sent, date received, from, to, cc, bcc, subject line, file name, file extension, file size, and MD5 hash value.
The production is delivered via two methods, as follows:
(a) Physical Delivery: Two (2) AES-256 encrypted external hard drives, labeled "DEH-DOJ Production No. 1 — Drive 1 of 2" and "DEH-DOJ Production No. 1 — Drive 2 of 2," delivered by hand to the offices of the Counterintelligence and Export Control Section at the Department of Justice on the date of this letter. Decryption credentials have been transmitted separately to AUSA Calloway via the agreed secure communication channel.
(b) Electronic Delivery: A duplicate copy of the full production is transmitted simultaneously via the agreed secure electronic transfer platform (Harborview Software Government instance, workspace "DOJ-CES-DunmoreEnergy-2022"), accessible to authorized DOJ and FBI personnel.
For context regarding the overall scope of the review, the total document universe collected across all custodians and entities was approximately 2,347,812 documents (including email, attachments, and loose files). Following de-duplication, date filtering, and application of agreed-upon search terms, a review population of approximately 1,014,300 documents was identified. Technology-assisted review was applied to this population using a continuous active learning protocol, with iterative human review by qualified attorney reviewers under the supervision of Calderwood & Harkness partners and senior associates. Following the completion of the TAR review on October 15, 2022, a total of 438,916 documents were determined to be responsive to one or more categories of the Subpoena.
This first production represents a prioritized subset of the full responsive population. Consistent with the government's expressed priorities, this tranche focuses on the most directly responsive categories, including: (i) trading records and counterparty correspondence relating to Petronova Trading FZE and Zenith Petroleum DMCC; (ii) export and shipping documentation relating to Caspian Logistik GmbH; (iii) financial and payment records from Crescent Commercial Bank PJSC accounts; and (iv) compliance and due diligence records maintained by the former Chief Compliance Officer. The remaining responsive documents will be produced in subsequent tranches, as described in Section VII below.
IV. Privilege Withholdings
Certain documents within the responsive universe have been withheld from this production on the basis of the attorney-client privilege, the work product doctrine, or both. These withholdings reflect the Company's good-faith application of applicable privilege protections to documents and communications that fall within the scope of recognized privileges under federal law.
A detailed privilege log accompanies this production, as Enclosure 2 hereto. The privilege log identifies each withheld document by Bates number (assigned from a reserved privilege log Bates range), date, author, recipient(s), privilege basis (i.e., attorney-client privilege, work product — ordinary, work product — opinion, or joint defense privilege), and a description of the document sufficient to permit the government to evaluate the privilege claim without revealing the substance of the privileged communication or mental impressions.
The total number of documents withheld on privilege grounds across the full responsive set of 438,916 documents is 12,847. The privilege log accompanying this first production covers the privilege withholdings applicable to the documents that would otherwise have been included in this tranche. The Company reserves the right to supplement the privilege log as appropriate in connection with subsequent productions, and to assert privilege over additional documents as they are identified during the ongoing review process.
The Company further notes, by reference to the Memorandum re: Privilege & Work Product Protections — Protocol for Selective Waiver to DOJ & OFAC, dated July 1, 2022, prepared by Calderwood & Harkness and provided to the DOJ, that any selective waivers of privilege made in connection with proffer presentations to the Department of Justice or to the Office of Foreign Assets Control of the U.S. Department of the Treasury do not constitute, and shall not be construed as constituting, a broader waiver of the attorney-client privilege or work product protection as to any third party, including in any subsequent civil, regulatory, or criminal proceeding. Dunmore relies upon the protections set forth in Federal Rule of Evidence 502(d) and (e) and applicable case law in this District supporting the enforceability of selective waiver agreements in the context of government investigations.
Should any dispute arise regarding any specific privilege assertion, the Company is prepared to submit the disputed document(s) for in camera review by the Court or to engage in a meet-and-confer process with the government, as appropriate.
V. Key Custodians Included in This Production
The following individuals are the principal custodians whose documents are included in this first production tranche. Certain custodians are current employees of the Company, while others are former employees who have separated from the Company during the course of the investigation. Where a custodian is represented by individual counsel, such representation is noted below.
1. Derek Hargrave — Former President, Dunmore Trading International Ltd. Mr. Hargrave served as President of DTI from January 2018 until his placement on administrative leave on July 1, 2022. He was formally separated from the Company effective October 1, 2022. Mr. Hargrave is represented by individual counsel: James Overstreet, Esq., Overstreet & McClain PLLC, 2100 Ross Avenue, Suite 2800, Dallas, Texas 75201. Mr. Hargrave's documents constitute a significant portion of this production, reflecting his central role in the trading activities under inquiry.
2. Natasha Sorokin — Former Senior Trader, Dunmore Trading International Ltd. Ms. Sorokin was a Senior Trader at DTI responsible for commodity swap transactions with various counterparties, including Petronova Trading FZE and Zenith Petroleum DMCC. She was placed on administrative leave on May 16, 2022, and separated from the Company effective September 15, 2022. Ms. Sorokin is represented by individual counsel: Philip Keane, Esq., Wexford Keane LLP, 1200 New Hampshire Avenue NW, Suite 600, Washington, D.C. 20036. Her documents include trading correspondence, transaction records, and internal communications regarding the counterparties and transactions at issue.
3. Omar Al-Rashidi — Head of Middle East Operations, Dunmore Trading International Ltd. Mr. Al-Rashidi is a current employee of DTI based in Dubai. His documents include counterparty correspondence, due diligence records, and operational communications relating to DTI's Middle East trading operations.
4. Yves Leclerc — Director of Logistics & Shipping, Dunmore Trading International Ltd. Mr. Leclerc is a current employee of DTI responsible for coordinating shipping, logistics, and freight forwarding operations. His documents include bills of lading, shipping instructions, and correspondence with Caspian Logistik GmbH and other logistics providers.
5. Rajesh Malhotra — Controller, Dunmore Trading International Ltd. Mr. Malhotra is a current employee of DTI responsible for financial reporting and accounting for the trading subsidiary. His documents include payment records, wire transfer documentation, and financial reconciliation reports relating to the counterparties and transactions at issue.
6. Gerald Fisk — Former Chief Compliance Officer, Dunmore Energy Holdings Ltd. Mr. Fisk served as CCO of DEH from March 2017 until his departure from the Company on June 10, 2022. Mr. Fisk is represented by individual counsel: Catherine Blackthorn, Esq., Blackthorn & Associates LLP, 3200 Southwest Freeway, Suite 1800, Houston, Texas 77027. His documents include compliance review memoranda, OFAC screening records, KYC documentation, and internal correspondence regarding sanctions compliance and counterparty due diligence.
7. Marcus Wellbourne — General Counsel, Dunmore Energy Holdings Ltd. Mr. Wellbourne is a current employee of DEH. Certain documents from Mr. Wellbourne's files are included in this production, while others have been withheld on the basis of the attorney-client privilege or work product doctrine and are identified on the accompanying privilege log.
8. Sandra Whitfield — Chief Financial Officer, Dunmore Energy Holdings Ltd. Ms. Whitfield is a current employee of DEH. Her documents include financial reports, board presentations, and correspondence regarding the Company's financial oversight of the trading subsidiary's operations.
9. Callum Renshaw — Chief Executive Officer, Dunmore Energy Holdings Ltd. Mr. Renshaw is a current employee of DEH. His documents include board minutes, executive-level correspondence, and management reports concerning the Company's global trading operations and compliance framework.
10. Tobias Engel — Managing Director, Dunmore Renewables GmbH. Mr. Engel is a current employee of DRG based in Hamburg, Germany. His documents include correspondence and operational records relating to interactions with Caspian Logistik GmbH and export-related activities coordinated through the German subsidiary.
In addition to the custodial documents described above, this production includes documents from non-custodial sources, including shared network drives maintained at the DTI Dubai offices and DUA Houston offices, trading system databases (including the Company's Northpoint Software platform and Vireo Technologies), financial databases (including Aldermere Services Inc. records), and email archives maintained on the Company's Strathmore Data Systems and Ashbury Software environments. These non-custodial sources were collected and processed by Nexagen in accordance with the collection protocols approved by Calderwood & Harkness.
VI. Document Categories and Organization
To facilitate the government's review of this production, the documents have been organized into the following principal categories. Each category is identified in the production index (Enclosure 3) by a corresponding category code, and the Bates ranges for each category are set forth in that index.
A. Trading Records
This category encompasses transaction documentation, trade tickets, deal confirmations, and swap agreements relating to the fourteen (14) crude oil swap transactions entered into between Dunmore Trading International Ltd. and Petronova Trading FZE and Zenith Petroleum DMCC during the period from June 2020 through February 2022. The aggregate notional value of these fourteen transactions is approximately $218.7 million. Documents in this category include, among other things: ISDA Master Agreements and schedules, individual transaction confirmations, pricing term sheets, margin call documentation, position reports, and internal deal approval memoranda.
B. Export and Shipping Records
This category encompasses documentation relating to the export of oilfield equipment and components classified under Export Administration Regulations ("EAR") Export Control Classification Numbers ("ECCN") 2B350 and 2B999, with an aggregate declared value of approximately $12.4 million. These exports were shipped via Caspian Logistik GmbH, which served as freight forwarder and logistics coordinator. Documents in this category include: bills of lading (ocean and air), commercial invoices, packing lists, end-user certificates, end-use statements, export license applications and determinations, Automated Export System (AES) filings, commodity classification determinations, and internal routing and shipping instructions prepared by Yves Leclerc and his logistics team.
C. Financial and Payment Records
This category encompasses wire transfer records, payment instructions, SWIFT messages, and banking correspondence from the accounts of Dunmore Trading International Ltd. maintained at Crescent Commercial Bank PJSC, Dubai (Account Nos. ending -4782 and -6109), relating to payments between DTI and the counterparties identified in the Subpoena. Included in this category are records of payments to and from Petronova Trading FZE, Zenith Petroleum DMCC, and Caspian Logistik GmbH, as well as documentation relating to intermediary accounts through which certain payments were routed. This category also includes reconciliation reports, accounts payable and receivable records, and internal financial analyses prepared by Controller Rajesh Malhotra.
D. Compliance Records
This category encompasses OFAC screening records, counterparty due diligence files, know-your-customer ("KYC") documentation, beneficial ownership analyses, and compliance review memoranda maintained by the former Chief Compliance Officer, Gerald Fisk, and the compliance department of Dunmore Energy Holdings Ltd. and Dunmore Trading International Ltd. Documents in this category include: OFAC SDN List screening results generated by the Company's Kestrel Software and Glenrock Solutions platforms, compliance approval forms for new counterparty onboarding, risk assessment memoranda, and internal audit reports concerning the Company's sanctions compliance program. These records are particularly relevant to the government's inquiry into the adequacy of the Company's compliance infrastructure during the period in question.
E. Communications
This category encompasses email correspondence, instant messages (including Westmark Services Inc. Chat, Northgate Data Systems, and Meridian Services Inc. messages where preserved), and other written communications among Dunmore personnel, and between Dunmore personnel and representatives of the counterparties at issue, including: Sergei Volkov (Petronova Trading FZE), Farhan Qureshi (Zenith Petroleum DMCC), Klaus Weidemann (Caspian Logistik GmbH), and other relevant third parties. The communications in this category were collected from custodial mailboxes, shared mailbox archives, and the Company's Vireo Services Inc. terminals. Communications that are subject to the attorney-client privilege or work product protection have been withheld and logged on the accompanying privilege log.
F. Corporate Records
This category encompasses board of directors' minutes and resolutions, management committee reports, internal memoranda, strategic planning documents, and corporate governance records from Dunmore Energy Holdings Ltd. and Dunmore Trading International Ltd. that reference the counterparties, transactions, or compliance matters at issue in the government's inquiry. This category includes minutes from meetings of the Board of Directors of DEH during the period from January 2019 through the present, as well as presentations prepared for and delivered to the board and its committees concerning the Company's trading operations, risk management framework, and compliance programs.
VII. Ongoing Collection and Future Productions
Dunmore anticipates making a second production of the remaining responsive documents on or about January 2023, subject to the completion of the ongoing document review. Bates numbering for the second production will continue sequentially from DEH-DOJ-287413. The Company expects that the second production will encompass the remaining approximately 151,504 responsive documents, subject to any additional privilege withholdings identified during review.
Calderwood & Harkness will continue to work with Nexagen Analytics Inc. (Brian Cavanaugh, Project Manager, Telephone: (212) 555-4390) to complete the review and production of the remaining responsive documents in a timely manner. The Company's review team is currently focused on completing the quality control review of the second tranche and resolving any outstanding privilege determinations.
Should the government identify specific categories of documents or specific custodians that should be prioritized in the second production, Calderwood & Harkness will endeavor to accommodate such requests to the extent practicable. We invite the government to communicate any such priorities at its earliest convenience so that the review team may organize its workflow accordingly.
The Company reserves the right to supplement or correct this production if additional responsive documents are identified through ongoing collection efforts, if errors in processing are discovered, or if documents initially withheld on privilege grounds are subsequently determined to be non-privileged or subject to a crime-fraud exception determination by the Court. In the event that any supplementation or correction is warranted, Calderwood & Harkness will promptly notify the government and provide the corrected or supplemental materials as expeditiously as possible.
VIII. Cooperation and Investigation Status
Dunmore reaffirms its ongoing and affirmative cooperation with the Department of Justice in connection with this inquiry. Since the issuance of the Subpoena in April 2022, the Company has undertaken the following steps in furtherance of its cooperation:
Witness Interviews. The Company has facilitated three rounds of witness interviews to date. The first round consisted of twenty-two (22) interviews conducted between May 18 and June 30, 2022, involving current and former employees of DTI, DEH, and DUA, at the offices of Calderwood & Harkness in Washington, D.C. and Houston, Texas. The second round consisted of fifteen (15) interviews conducted between August 5 and September 30, 2022, focusing on additional custodians and fact witnesses identified during the first round. A third round of interviews is anticipated, and Calderwood & Harkness is prepared to coordinate scheduling with the government at its convenience.
Forensic Accounting Analysis. At the Company's initiative and expense, Dunmore has retained Ridgeline Advisory Group LLC ("Ridgeline"), a forensic accounting and financial advisory firm, to conduct a comprehensive forensic accounting analysis of the transactions at issue. The engagement is led by Dr. Margaret Liu, Managing Director (Engagement No. RAG-2022-0319). Ridgeline's analysis is ongoing and is expected to encompass a detailed reconstruction of payment flows, an analysis of pricing anomalies in the subject swap transactions, and an assessment of the financial controls environment at DTI during the relevant period. The Company anticipates that the results of this analysis will be made available to the government in connection with a supplemental proffer.
Compliance Remediation. The Company has taken significant remedial steps to strengthen its sanctions compliance and export control compliance programs. On August 1, 2022, the Company appointed Priya Nayar as its new Chief Compliance Officer, replacing Gerald Fisk, who departed the Company on June 10, 2022. Ms. Nayar, who previously served as Deputy General Counsel for Compliance at a major international energy company, has been charged with conducting a comprehensive review of the Company's compliance infrastructure, including its OFAC and EAR screening protocols, counterparty due diligence procedures, and compliance training programs. The Company has also engaged an independent compliance consultant to conduct a root-cause analysis and recommend enhancements to the compliance program.
Personnel Actions. As previously communicated to the government, the Company placed Derek Hargrave, former President of DTI, on administrative leave effective July 1, 2022, and formally separated him from the Company effective October 1, 2022. Natasha Sorokin, former Senior Trader at DTI, was placed on administrative leave on May 16, 2022, and was separated from the Company effective September 15, 2022. These personnel actions were taken following the initial findings of the internal investigation and in consultation with the Company's Board of Directors.
Proffer Presentations. The Company provided an initial proffer to the Department of Justice on July 15, 2022, through a presentation by the undersigned and Howard Quinn, Partner, Calderwood & Harkness LLP, at the offices of the Counterintelligence and Export Control Section. The Company anticipates providing a supplemental proffer in the near term, incorporating the results of the forensic accounting analysis and additional factual findings from the internal investigation.
Dunmore continues to conduct its internal investigation under the direction of Calderwood & Harkness, and Calderwood & Harkness will provide further substantive updates to the Department of Justice as the investigation progresses. The Company remains committed to timely and transparent cooperation and to the resolution of this matter in a manner consistent with the government's expectations.
IX. Reservations
Notwithstanding the production of documents herewith and the Company's ongoing cooperation with the government's inquiry, Dunmore expressly reserves all rights and objections to the Subpoena not expressly waived by this production, including but not limited to any objections based on the breadth, burden, or relevance of the Subpoena's demands, the extraterritorial scope of the document requests, and any applicable foreign data privacy or blocking statute protections.
The production of documents herewith does not constitute a waiver of any applicable privilege, immunity, or protection except as to documents actually produced in this tranche. To the extent that any document is inadvertently produced that is subject to the attorney-client privilege, work product doctrine, or any other applicable privilege or protection, such production is inadvertent and does not constitute a waiver of the privilege or protection as to that document or any other document, in accordance with Federal Rule of Evidence 502(b) and the terms of any applicable clawback agreement between the parties. The Company reserves the right to recall any such inadvertently produced document upon identification.
Dunmore does not concede the relevance, authenticity, or admissibility of any document produced herewith. Production of a document does not constitute an admission that the document is relevant to any charge, allegation, or theory of liability, nor does it constitute authentication of the document for any purpose.
This production is made subject to the protective order or confidentiality agreement to be negotiated between the parties. As discussed in the correspondence between the undersigned and AUSA Calloway dated September 12, 2022, pending the execution of a formal protective order or confidentiality agreement, the Department of Justice has agreed to treat all documents produced by Dunmore as confidential and to limit access to such documents to authorized personnel within the National Security Division, the Counterintelligence and Export Control Section, and the Federal Bureau of Investigation who are directly involved in the investigation. The Company reserves all rights to seek entry of a formal protective order by the Court should the parties be unable to reach agreement on the terms of a confidentiality agreement.
X. Contact Information
Should you or any member of the government's team have questions or requests regarding this production, or regarding any aspect of the Company's cooperation with the investigation, please do not hesitate to contact the following members of the Calderwood & Harkness team:
Victoria Chambers, Partner Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 Telephone: (202) 555-7812
Email: vchambers@calderwoodharkness.com
Jasmine Thornton, Associate Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 Telephone: (202) 555-7834
Email: jthornton@calderwoodharkness.com
Thomas Bradshaw, Senior Paralegal, e-discovery Lead Calderwood & Harkness LLP 450 Lexington Avenue, 38th Floor New York, NY 10017 Telephone: (212) 555-9247
Email: tbradshaw@calderwoodharkness.com
(For technical questions regarding production format, media, load files, or Bates numbering)
We trust that this production will be of assistance to the government in its inquiry. We look forward to continuing our cooperative dialogue with your office and remain available to address any questions or concerns that may arise upon your review of the enclosed materials.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Victoria Chambers Partner Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 Telephone: (202) 555-7812
Email: vchambers@calderwoodharkness.com
cc: (via email)
Samuel Kovacs, Trial Attorney, Counterintelligence and Export Control Section, DOJ National Security Division
Diana Pressman, Trial Attorney, Counterintelligence and Export Control Section, DOJ National Security Division
Special Agent Paul Reinhardt, FBI Counterintelligence Division, Washington Field Office
Marcus Wellbourne, Esq., General Counsel, Dunmore Energy Holdings Ltd.
Howard Quinn, Partner, Calderwood & Harkness LLP
Jasmine Thornton, Associate, Calderwood & Harkness LLP
Conrad Reeves, Senior Counsel, Calderwood & Harkness LLP
Enclosures:
Enclosure 1: Production Media — Two (2) AES-256 encrypted external hard drives containing 287,412 documents (Bates DEH-DOJ-000001 through DEH-DOJ-287412), with load files, extracted text, and TIFF images
Enclosure 2: Privilege Log — First Production (dated November 1, 2022)
Enclosure 3: Production Index and Bates Log, including document category codes, custodian assignments, and Bates range summary
CONFIDENTIAL — This letter and the enclosed materials are confidential and are provided to the U.S. Department of Justice and the Federal Bureau of Investigation in connection with Grand Jury Subpoena GJ No. 22-418. Distribution of this letter and the enclosed materials is limited to authorized government personnel directly involved in this investigation, pending execution of a formal protective order or confidentiality agreement. Any unauthorized disclosure, copying, or distribution is prohibited.

CALDERWOOD & HARKNESS LLP Attorneys at Law

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