CALDERWOOD & HARKNESS LLP
Attorneys at Law
450 Park Avenue, 30th Floor New York, New York 10022 Telephone: (212) 489-7200 Facsimile: (212) 489-7201
January 20, 2023
VIA ELECTRONIC TRANSMISSION AND HAND DELIVERY
Miriam T. Goldfarb, Esq. Assistant United States Attorney Complex Frauds & Cybercrime Unit United States Attorney's Office for the Southern District of New York 500 Pearl Street New York, New York 10007
Re: Grand Jury Subpoena No. 22-GJ-4481 Subpoena to Jonathan R. Caldwell, dated November 18, 2022 First Rolling Production of Documents
Dear Ms. Goldfarb:
We write on behalf of our client, Jonathan R. Caldwell, to transmit herewith the first rolling production of documents responsive to the federal grand jury subpoena referenced above. As you are aware, Calderwood & Harkness LLP represents Mr. Caldwell in connection with Grand Jury Subpoena No. 22-GJ-4481, issued by the United States Attorney's Office for the Southern District of New York on November 18, 2022. The subpoena was served upon Mr. Caldwell on November 21, 2022, at his residence located at 1140 Park Avenue, Apt. 14C, New York, New York 10128. The original return date of the subpoena was December 9, 2022. As confirmed in your email correspondence to undersigned counsel dated December 8, 2022, the parties agreed to extend the return date to January 20, 2023, with the understanding that Mr. Caldwell would comply with the subpoena through a rolling production schedule. We appreciate the government's accommodation in this regard, and this letter and the accompanying production are submitted in accordance with that agreed-upon schedule.
Enclosed herewith, and simultaneously transmitted via secure electronic file transfer through our e-discovery vendor's platform, is the first rolling production of documents responsive to the subpoena. This production consists of 1,842 documents, Bates-stamped CALDWELL-00001 through CALDWELL-01842. The documents are produced in TIFF image format with accompanying load files, including extracted text, metadata, and relevant coding fields. The documents comprising this production were collected from custodians and data sources identified as responsive to the subpoena's demands and cover the date range of January 1, 2014 through December 31, 2021, as specified in the subpoena. The produced documents pertain to the categories set forth in the subpoena's schedule, including, among other things, communications and records relating to Aegean Realty Partners LLC and its affiliated fund vehicles, Westlake Fidelity Bank, N.A., Harborview Trust Company, real estate investments and syndications in which Mr. Caldwell and Marcus W. Stavros had direct or indirect interests, and related financial transactions. We note that the documents were processed and produced with the assistance of Clearpath Document Solutions Inc., the firm's retained e-discovery vendor, which supervised the collection, processing, de-duplication, and imaging of the documents included in this production.
We wish to advise the government that this first rolling production does not represent the entirety of Mr. Caldwell's responsive documents. The review of collected materials is ongoing, and additional rolling productions will be made on a prompt and continuing basis. In total, approximately 14,200 documents comprising approximately 8.3 gigabytes of data were collected from relevant custodial and non-custodial data sources. The review of these materials for responsiveness, as well as for potential privilege, is continuing and is being conducted by members of our litigation team on an expedited basis. We currently anticipate delivering one or more additional rolling productions in the coming weeks, and we will keep your office apprised of the production timeline as the review progresses. In the event that a further extension of the return date becomes necessary to complete the production, we will communicate that request to you separately and in advance, and we trust that any such request will be considered in light of the volume and complexity of the materials under review and Mr. Caldwell's demonstrated commitment to compliance.
As you would expect, certain documents within the collected materials may be subject to the attorney-client privilege and/or the work product doctrine. A comprehensive privilege log identifying all documents withheld from production on the basis of such claims will be provided upon completion of the full privilege review. We anticipate that the privilege log will accompany, or follow shortly after, the final rolling production in this matter. We can confirm that no documents subject to a bona fide claim of attorney-client privilege or work product protection have been included in this production, and we have taken care to ensure that the screening process is thorough and accurate.
Mr. Caldwell expressly reserves all rights, objections, and defenses available to him with respect to the subpoena, including but not limited to objections as to scope, relevance, burdensomeness, and any applicable privileges or immunities. The production of documents made herewith is without waiver of any such rights, objections, or defenses, all of which are preserved in full. We further wish to clarify that this production is made solely in response to the compulsory process of the grand jury and does not constitute a waiver of any rights Mr. Caldwell may have under the Fourth, Fifth, or Sixth Amendments to the United States Constitution, the Federal Rules of Criminal Procedure, or any other applicable federal or state law, rule, or regulation. Additionally, the production of any document does not constitute an admission by Mr. Caldwell as to its authenticity, accuracy, relevance, or admissibility in any proceeding, nor does it constitute an acknowledgment that any document is, in fact, responsive to the subpoena.
We respectfully bring to the government's attention that Mr. Caldwell's documents include personal financial information, proprietary business records of Caldwell Capital Advisors LLC and JRC Realty Holdings LLC, and other commercially sensitive and private materials. We request that the government treat all documents produced in connection with this subpoena as confidential and limit their use and dissemination strictly to the investigation referenced in the subpoena, consistent with the government's obligations regarding grand jury secrecy under Federal Rule of Criminal Procedure 6(e). We trust that the government will take appropriate measures to safeguard the confidentiality of these materials and will notify undersigned counsel in the event that any disclosure of the produced documents outside the scope of the grand jury investigation is contemplated.
Finally, we wish to reiterate that Mr. Caldwell is committed to cooperating with the government's investigation and to complying fully with the obligations imposed by the subpoena. Should your office have any questions regarding this production, require clarification with respect to any of the documents produced, or wish to discuss any aspect of the subpoena compliance process, we respectfully request that you contact undersigned counsel directly:
Conrad Ashby Calderwood & Harkness LLP 450 Park Avenue, 30th Floor New York, New York 10022 Telephone: (212) 489-7214
Email: cashby@calderwoodharkness.com
We look forward to continuing to work with your office cooperatively to bring this matter to a timely and orderly resolution.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Conrad Ashby Partner, White Collar & Investigations 450 Park Avenue, 30th Floor New York, New York 10022
Enclosure: First Rolling Production — Bates CALDWELL-00001 through CALDWELL-01842 (1,842 documents; TIFF images with load files). Production simultaneously transmitted via secure electronic file transfer through Clearpath Document Solutions Inc. secure platform; confirmation of delivery to follow under separate cover.
cc: Jonathan R. Caldwell (via email to jrc@caldwellcap.com) — copy sent under separate cover, marked PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION
Internal File Reference: Matter No. 1034-00001