Professional Documents
Culture Documents
__________________________________________
)
UNITED STATES OF AMERICA, )
)
v. ) No. 17-CR-10092-NMG
)
GARY P. DECICCO, )
)
Defendant. )
__________________________________________)
INTRODUCTION
On the eve of trial, the government has belatedly produced evidence to the defense
conclusively demonstrating that in the fall of 2014, the FBI, in conjunction with a former
informant, Medi Mirnasiri, conducted a stealth investigation of Mr. DeCicco for months. The
agent had Mr. DeCicco in his sights since 2011; Mirnasiri, a jealous and vindictive neighbor,
sought revenge because he believed Mr. DeCicco had sent a disparaging anonymous note along
with flowers and cross when he opened his new business. In truth, there was bad blood between
the two men that had been festering for months due to personal issues between them ranging
from Mirnasiri’s cheating of numerous contractors, many of whom were Mr. DeCicco’s friends,
to vulgar and vile comments Mirnasiri had made about Mr. DeCicco and his family. The FBI, on
the other hand, viewed Mr. DeCicco as a significant target due to his prior ownership interest in
the Everett casino land that was the subject of subsequent federal charges and his relationship
with others who were under investigation. It was a perfect marriage; each could use each other
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As a result of this questionable alliance, the FBI ran a furtive and undocumented
prepared. Key evidence was not preserved. And exculpatory evidence disappeared.
Consequently, the United States Attorney’s Office evidently failed to understand or appreciate
what was afoot, which was clearly evident at the May 23, 2018 pretrial conference when the
prosecutor was forced to confess that she was unaware of the multitude of communications
between the FBI and Mirnasiri. But the consequences were severe. The government, which
moved to detain Mr. DeCicco, made numerous misrepresentations to the Court to support its
“strength of the evidence argument.” The Court relied on the veracity of the government’s
representations and ordered Mr. DeCicco detained pending trial. Nonetheless, Mr. DeCicco has
remained behind bars for over 14 months, on a case involving, at most, a state crime of assault
and battery that has no place in federal court. As the new evidence has been produced, it’s now
clear that Mirnasiri contrived this credible and preposterous story that that Mr. DeCicco was
attempting to extort him—a known FBI informant—to become his business partner in a used car
dealership.
Moreover, due to the manner by which the government has inappropriately handled
discovery, it is continuing to produce further exculpatory evidence even today, all to Mr.
DeCicco’s detriment.1 The loss of evidence and the misrepresentations made to the Court have
already caused Mr. DeCicco to serve a significant term of imprisonment—time in his life that
1
The defense has not had a reasonable opportunity to properly review and analyze the government’s last-minute
disclosures, and reserves the right to raise additional arguments concerning them should the Court allow, or should
the Court order a hearing on this motion. The defense has exercised its best efforts to acknowledge the
government’s May 24, 2018 productions in this brief.
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In this case, the government has lost sight of the fact that, “[t]he United States Attorney is
obligation to govern impartially is as compelling as its obligation to govern at all; and whose
interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be
done.” Berger v. United States, 295 U.S. 78, 88 (1935); see also Ferrara v. United States, 372 F.
Supp. 2d 108, 132 (D. Mass. 2005). This is not how the United States should be conducting its
solemn duty of ensuring its citizens a fair trial and the opportunity to raise a defense against
charges brought against them. As demonstrated below, there is a compelling basis for dismissal
RELEVANT BACKGROUND
The Indictment alleges that Mr. DeCicco attempted to extort Medi Mirnasiri from 2013 to
January 11, 2015. Dkt. No. 23. The government’s theory is that Mr. DeCicco desired an interest
in Mirnasiri’s soon to be formed used car dealership, Auto Excellence Group (“AEG”), and
asked Mirnasiri for a partnership stake in AEG at the beginning of its construction, which was
the fall of 2013. Dkt. No. 3-1. The government alleges that when Mirnasiri did not acquiesce to
DeCicco’s request, he opened AEG alone in June 2014. It next maintains that Mr. DeCicco sent
Mirnasiri a delivery of flowers, a glass cross, a note, and pizza on August 4, 2014. In addition,
the government asserts that, shortly after the delivery of flowers, Mirnasiri received two
threatening phone calls on August 4 and August 6, 2014, respectively. The calls purportedly
included a death threat referencing his Muslim religion and a warning that he was going to “get
burned on the cross.” See Ex. 1. The next alleged extortionate act was the assault of Mirnasiri at
AEG on January 11, 2015, during which the assailant, James Lundrigan, told Mirnasiri that this
would teach him “how talk to a lady.” Dkt. No. 3-1. The government alleges that Mr. DeCicco
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arranged the assault through Jeffrey Prime, who contacted David Witham, who, in turn, enlisted
Lundrigan to commit the assault. Evidently, the government asserts the purpose of an
anonymous assault delivering a message about Mirnasiri’s treatment of women was intended to
force Mirnasiri to make Mr. DeCicco his business partner. See id.
II. The Government’s Longstanding Interest in, and Scrutiny of, into Mr. DeCicco
As the government acknowledged during the Pre-Trial Conference, during the timeframe
immediately preceding the investigation in this case, the government has had Mr. DeCicco under
intense scrutiny. Importantly, the two key FBI agents who played prominent roles in this case
had Mr. DeCicco under active investigation at the outset of the timeframe of the alleged
confidential human source—had been investigating Mr. DeCicco since July of 2011 on an
unknown matter, according to a report he authored in this case. See Ex. 2. FBI Special Agent
Matthew Elio—the case agent in this case—was actively investigating Mr. DeCicco in the
summer of 2013. Specifically, in July of 2013, the FBI intercepted telephone calls between Mr.
DeCicco and Charles Lightbody during a wiretap conducted on Mr. Lightbody’s phone in the
investigation surrounding the sale of land in Everett as a site for a proposed casino. On August
12, 2014, Agent Elio interrogated Mr. DeCicco at length about his real estate dealings with Mr.
Lightbody.2 Mr. Lightbody was involved in sale of land in Saugus to Mirnasiri, which became
the location of AEG. In addition, as represented by the government, the IRS developed an
interest in Mr. DeCicco due to the content of the intercepted calls in the summer of 2013.3
2
The government later brought criminal charges against Mr. Lightbody and two others in United States v. DeNunzio
et al., Crim. No. 14-10284-NMG (D. Mass.), resulting in the acquittal of all defendants on all counts in a case tried
before this Court.
3
During the investigation in this case, the government simultaneously conducted another investigation of Mr.
DeCicco, and has pursued additional charges against him on allegations of mortgage fraud and unlawful monetary
transactions. See United States v. DeCicco et al., Crim. No. 18-cr-10013-RGS (D. Mass.).
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Mirnasiri was well-known to the FBI before the investigation in this case. In 2006,
shortly after Mirnasiri purchased the Saugus land from a limited liability company in which Mr.
Lightbody and Mr. DeCicco were involved, he became an FBI informant. The FBI deactivated
him 2011, shortly after Mirnasiri was charged in state court with threatening bodily harm
stemming from a voicemail he had left for a business associate in which threatened to hunt down
the victim to settle a score; “cut” the victim “to pieces”; stick his foot up the victim’s posterior;
and terminate the victim’s business dealings with a financial institution. The FBI reactivated
Mirnasiri shortly after the assault, on January 11, 2015. In discussions with others, Mirnasiri
routinely referred to the FBI as “his friends.” See Ex. 3. Today, he remains an FBI informant.
On August 4, 2014, Mirnasiri was sent a delivery of flowers, a glass cross, a note, and
$75 worth of pizza that he did not order. See Dkt. No. 3-1 ¶ 10. The note contained a
handwritten message that read: “Congrats Gary – We all know who’s place that is. We hope this
cross will help you get rid of that MUSLIM PRICK. From all RT. 1 Autodealers.” Id.
Mirnasiri reported this delivery to the Saugus Police Department the same day. Saugus
Detectives Frank Morello and Stacey Forni responded to the call and interviewed Mirnasiri at
AEG on August 4, 2014.4 See Ex. 1. According to the Saugus Police, during the interview,
4
During the interview, Mirnasiri demonstrated overt hostility towards women, which Agent Elio described as
follows: “When Forni arrived at the scene it became very clear to her that Mirnasiri wanted nothing to do with her
because she was female. Mirnasiri would not event talk to Forni and he barely acknowledged her presence. Forni
did not hear any of Detective Morello’s interview of Mirnasiri as she was spending time playing with Mirnasiri’s
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Mirnasiri claimed, “[s]hortly after receiving the flowers delivery, [he] took a call from a blocked
number. The male caller said, ‘fucking Muslim, I’m going to fucking kill you.’ Id. When Det.
Morello asked Mirnasiri if he had ever experienced any prior incidents of similar harassment,
Mirnasiri told Det. Morello that he had one prior incident involving DeCicco, and that he had
contacted the FBI about the matter “and it stopped shortly after.”5 Id.
Mirnasiri did not identify whether he received the blocked call on his business line or his
cell phone. On January 17, 2017, over two and one-half years after the incident, he told the FBI
and IRS that he received the call on his business line. See Dkt. No. 35-13 at ¶ 23. The defense
specifically requested production of Auto Excellence Group’s telephone records for the period of
2013-2015, as well as telephone records showing that Mirnasiri or Auto Excellence Group
received the call and efforts by law enforcement to identify the alleged anonymous caller and the
telephone number from which the alleged call was made. See Dkt. No. 35-13 at ¶ 19. Aside
from the recently produced telephone records of Mirnasiri’s cell phone, the government has
produced no evidence in response to these requests. Analysis of Mirnasiri’s cell phone records
show that he did not receive any blocked calls on August 4, 2014. A copy of Mirnasiri’s cell
phone records on August 4, 2014 is attached as Ex. 7.6 The government opposed providing the
defense with evidence of its efforts to identify the alleged caller and efforts to determine
dog.” Ex. 6. Mirnasiri’s display of his low regard for woman as to Det. Forni provides context for the disparaging
comments he made to Det. Morello on August 6 about Mr. DeCicco’s girlfriend, Kim DeBenedictis, as well as the
mother of one of Mr. DeCicco’s daughters, Pamela Avedisian.
5
The defense has not seen any evidence regarding this purported earlier report to the FBI.
6
On other dates, blocked calls appear on Mirnasiri’s cell phone records, including June 5, 2014 at 12:24 p.m., June
5, 2014 at 10:33 p.m., and on June 7, 2014 at 2:51 p.m See Ex. 9.
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It is notable, however, that Mirnasiri has given widely conflicting versions of the alleged
call. He told the Saugus Police that the caller said: “Fucking Muslim, I’m going to fucking kill
you.” Yet when he testified under oath before the grand jury, he claimed the caller said: “You
see that cross. We’re going to burn you on it, you fucking Muslim.” See Ex 8 at 40:11-12.
To date, the government has produced no evidence supporting Mirnasiri’s statement that
he previously reported Mr. DeCicco to the FBI for a similar harassment incident. The defense
expressly requested the government to produce “[a]ll documents and objects regarding CW-1’s
statement to the Saugus Police that CW-1 had a prior similar harassment incident involving a
neighbor, as described in the Paragraph 2 of Det. Morello’s Narrative.” See Ex. 5 at 11. The
absence of evidence in the FBI’s files indicate this was an utter fabrication. Moreover, when the
FBI and IRS specifically questioned Mirnasiri about this point, he explained that he was
referring to a contract dispute he had with Mr. DeCicco concerning Mr. DeCicco’s refusal to pay
to pave the parking lot at AEG, which does not remotely concern a harassment incident similar
On August 6, 2014, at 1:00 p.m., Mirnasiri called Saugus Police again to report new
alleged incidents, and Det. Morello returned to AEG to interview him. See Ex. 1. Mirnasiri
claimed he had received more threatening and harassing messages, comprising (1) at 12:01 p.m.,
a phone call to the business for payment of the pizzas, (2) at approximately 1:00 p.m., a phone
call to his cell phone telling him that the cross was for him and that he was “going to get burned
on the cross”, and (3) a negative cars.com online review from the week prior. Id. Mirnasiri
provided Det. Morello with a printed copy of the review. Id. Det. Morello then informed
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Mirnasiri that the purchaser of the flowers delivered on August 4 was described as a “slim blond
female.” Id. Mirnasiri identified her as Kim DeBenedictis, and noted that she was dating
DeCicco at the time. Id. When asked why DeCicco would be interested in harassing him,
Mirnasiri’s included in his answer that DeCicco “wanted to be a partner” in AEG. Id.
Mirnasiri called the Saugus Police at 1:00 p.m., which is when he claimed he
received a second threatening call. Analysis of Mirnasiri’s cell phone records show that he
received no blocked calls on his cell phone on August 6, 2014. See Ex. 10. Moreover, only call
that received in the vicinity of 1:00 p.m was 11:51 a.m. The defense has identified the caller as a
person named Sylvia Whitman. It obviously was not a 1:00 p.m. and was not a blocked call.
Once again, Mirnasiri has given sharply divergent accounts as to the content of the
alleged call. He told the Saugus Police that the caller said, “The cross was for him and he was
going to get burned on the cross.” Saugus Rep ¶ 5. Before the grand jury, Mirnasiri claimed the
call said, “Fucking Muslim. I’m going to fucking kill you.” Ex. 8 at 40:13-15.
B. The Initial Investigation and the Transfer of the Case to the FBI
The Saugus Police then commenced their investigation of this incident. Dets. Forni and
Morello interviewed the florist and visited the pizza shop that delivered the pizzas. See Ex. 1.
Det. Forni checked the phone records of the pizza shop and traced the call placing the relevant
order to an active landline. Id. Det. Morello also sought surveillance video footage from a bank
On September 2, 2014, Det. Morello recorded in his report that “the case will be
forwarded to the FBI by Det. Donovan for further investigation.” Id. On September 24, 2014,
after Det. Morello interviewed Mirnasiri yet again regarding more alleged incidents with a
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different suspect, he wrote, “Due to the fact that there is another agency currently investigating
this and related matters I will be waiting to speak with SA Jesse Chizmadia so that my
investigation does not interfere with or reveal the presence of his investigation.” Id. On October
16, 2014, Det. Morello confirmed “at this time SA Chizmadia from the FBI Boston Field Office
is handling this case. All information from SPD records have been turned over to SA
Chizmadia.” Id.
At the Pre-Trial Conference, the government provided a vague explanation for the
existence of numerous communications between the FBI and Mirnasiri between August 4, 2014
(the flower incident) and January 11, 2015 (the assault), suggesting that the FBI was not even
sure whether it would investigate the case. Yet there was no such uncertainty about the issue
with the Saugus Police. By early September 2014, the Saugus Police clearly knew the FBI was
investigating the matter, and Agent Chizmadia was leading the federal probe.
Based on the Saugus Police report, there is no indication the Saugus Police physically
reviewed Mirnasiri’s cell phone to confirm that he had received a blocked call on August 6,
2014, or even requested the Essex County District Attorney’s Office to issue a subpoena for
Mirnasiri’s and Auto Excellence Group’s telephone records. Despite the central role of the
alleged telephone threats, the government resisted production of information as to what efforts
were made by law enforcement to identify the alleged callers, including any assessment that
V. Mirnasiri’s Frequent Contact with Agent Chizmadia from August 2014 through
December 2014
During hearings before Magistrate Judge Hennessy as to the detention of Mr. DeCicco
pending trial, the government represented to the Court that the FBI did not commence its
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investigation of this matter until Agent Chizmadia met with Mirnasiri on December 28, 2014.
See Ex. 15 at 30:13-15. In addition, in support of its position that Mr. DeCicco must be
imprisoned pending trial, the government vigorously argued against the defense’s contention that
Mirnasiri ginned up a phony extortion crime against Mr. DeCicco, as he was known to
manipulate law enforcement for his own means. In that regard, the government made the
following representation:
There is no evidence that CW-1 [Mirnasiri] knew this information would render the
case a federal Hobbs Act extortion case, and in fact it was the Saugus Police who
referred the case to the FBI, not CW-1. See Docket No. 84-2, at 4. The FBI
subsequently reached out to CW-1 about the incident, not the other way around.
The actual facts of this case do not support Defendant’s baseless and repeated
allegation that CW-1 is ‘vindictive,’ or that he reported this incident to the FBI in
order to punish Defendant (emphasis in original). See Docket No. 87 at 16.
Based on the recently produced telephone records, it is now evident that Mirnasiri initiated the
contact with the FBI—not the other way around—and the government’s representation to the
As early as August 27, 2014, several days before Saugus Police referred—but not yet
transferred—the case to the FBI, Mirnasiri called Agent Chizmadia.7 See Ex. 22. Mirnasiri
called at 10:13 a.m. (2 min),8 at 2:40 p.m. (2 min), and then the next day, August 28, 2014, at
7
The significance of the calls described in Sections IV and V was unknown to the defense until Tuesday, May 22,
2018, when the defense was able to identify Agent Chizmadia’s number on the late produced December 2014
telephone records of Mirnasiri’s cell phone. The government did not produce any of Mirnasiri’s cell phone records
until May 17, 2018, almost 4 years after the government commenced its investigation in this case. The telephone
records for the time-period of December 9, 2014 and January 8, 2015 were not produced to the defense until May
22, 2018, only after the defense was forced to persist making production requests despite the obvious relevance of
the records to the case. See Exs. 11 and 12.
8
The defense notes the following from its analysis of telephone records to date. Whether two individuals actually
connected and spoke on a call, particularly calls of short (~1-2 min) duration, can only be definitively determined
from comparing the records of both caller and recipient. For example, a call that goes to the recipient’s voicemail
can register as a call on the caller’s statement, but it may not appear on the recipient’s corresponding statement.
However, if the recipient then checks his or her voicemail, that voicemail retrieval can appear on the statement.
Generally speaking, short calls are more likely than long calls to be voice messages, given that most voice
mailboxes are set up to accept voice messages for a limited amount of time before cutting the speaker off.
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3:27 p.m. (2 min). After the case is noted as referred to the FBI on September 2, 2014, Mirnasiri
tried to reach Agent Chizmadia again on September 3, at 3:27 p.m. (1 min). On September 5,
At that time, Mr. DeCicco was squarely on the FBI’s radar screen. Agent Chizmadia had
an open investigation regarding Mr. DeCicco that began in 2011, and Agent Elio had him under
investigation in the casino case and other matters. As noted, Agent Elio had interrogated Mr.
DeCicco the prior summer, and the FBI had intercepted his calls with Mr. Lightbody on a
wiretap. Unquestionably, Mirnasiri’s calls to Agent Chizmadia were a bonanza for the FBI, as it
presented yet one more angle from which the FBI could pursue possible criminal charges against
him. Contrary to the scenario painted by the government at the Pre-Trial Conference, this
breakthrough was significant to the FBI and the U.S. Attorney’s Office.
From August 27, 2014 until January 11, 2015, when Mirnasiri was assaulted, Mirnasiri
and Agent Chizmadia spoke approximately 1-2 days per week on an irregular basis. However,
there were certain bursts of frequent calling in that time period. For example, after Mr. DeCicco
appeared to leave a voicemail for Mirnasiri on September 17, 2014, Mirnasiri called Mr.
DeCicco back and had a 13-minute conversation in the afternoon. Id. The next morning, on
September 18, Mirnasiri called Agent Chizmadia for 4 minutes, and called again on September
19 for just 1 minute. In another example, on September 30, 2014, Mirnasiri and Agent
Chizmadia exchanged a pair of calls and 3 text messages. There also is evidence they met that
night. That night, at 6:19 p.m., Mirnasiri sent a text message to Agent Chizmadia stating, “I’m
here please come.” Ex. 13. Moments later, Agent Chizmadia replied, “On way.” Id.
The week of October 5, 2014 showed even more significant activity, which correlated
precisely with telephone calls between Mr. DeCicco and Mirnasiri on October 8 and 9:
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Notably, on October 8, Mirnasiri reached out to Mr. DeCicco after Agent Chizmadia called
Mirnasiri. Mirnasiri and Mr. DeCicco played phone tag, but they then appeared to talk for 6
minutes at 2:23 p.m. Mirnasiri then immediately called Agent Chizmadia back, and they spoke
twice within 30 minutes. The next day, October 9, Mirnasiri again reached out to Mr. DeCicco
after a flurry of text messages and a brief call with Agent Chizmadia. And again, immediately
after Mirnasiri’s outreach to Mr. DeCicco, Mirnasiri called Agent Chizmadia. In November
By December 2014, Mirnasiri had been under the close supervision of the FBI for three
and a half months. They had communicated by phone and text over forty times in that time-
The events that occurred on December 9 are pivotal in this case. DeCicco became
incensed by comments he heard that Mirnasiri had made about him and his family. At 11:48
a.m., he called Rick Scourtas, a close friend of Mirnasiri, but was unable to reach him and left a
voicemail. He then immediately called Mirnasiri at 11:49 a.m., and left a voicemail for him. At
that time, Mirnasiri was on a 4-minute call (apparently with Fred Varone). At 12:03 p.m.,
Mirnasiri checked his voicemail. Mirnasiri sent a text message to Agent Chizmadia, stating:
“He didn’t answer and it went to voice mail. I did leave him a message.” Agent Chizmadia
replied, “Ok, let me know if he calls back, I will touch base in the morning.” The next day,
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Later that afternoon, Mr. DeCicco finally connected with Mr. Scourtas. In a recent
interview with the FBI, Mr. Scourtas confirmed have a call with Mr. DeCicco in which he was
quite angry with Mirnasiri. Mr. DeCicco insisted that Mr. Scourtas call Mirnasiri and deliver a
message that his buddy “gotta keep his mouth shut,” and was to stop talking badly about Mr.
DeCicco. Ex. 3 at 3. Mr. DeCicco did not tell Mr. Scourtas why he was angry with Mirnasiri,
but wanted Mirnasiri to know that he was sending the message to him through Mr. Scourtas. Mr.
Mr. Scourtas later spoke with Mirnasiri. Telephone records show that on December 9, at
4:09 p.m., there was an 11-minute call between Mirnasiri and Mr. Scourtas. Mr. Scourtas
conveyed Mr. DeCicco’s message to Mirnasiri, who responded by telling him that he (Mirnasiri)
would do whatever he wanted to do. Ex. 3 at 3. Mirnasiri has confirmed the substance of Mr.
Scourtas’ call to him. In the grand jury, Mirnasiri testified that Mr. Scourtas called him to
deliver a personal message from DeCicco. Ex. 8 at 47:5-6. Mr. Scourtas said that Mr. DeCicco
was very angry and very upset. Ex. 8 at 47:10. While Mirnasiri did not recall Mr. Scourtas’
exact words, in substance, Mr. Scourtas delivered the message that (1) Mirnasiri was to keep
quiet and stop talking about him; (2) he was to stop lying about Mr. DeCicco; (3) Mirnasiri was
to shut the hell up; and (4) Mirnasiri was talking too much, and he’d better stop talking about Mr.
DeCicco Ex. 8 at 47:6-12. On another occasion, Mirnasiri described the message as to shut the
hell up, to not call or contact Mr. DeCicco, and to stop talking shit about him. Dkt. No. 35-13 ¶
21. Mirnasiri has informed the FBI that the call was approximately one month before his
assault. Ex. 14 at 1.
The recently produced telephone records show that immediately after Mirnasiri’s call
with Mr. Scourtas ended, he exchanged three text messages with Agent Chizmadia, at 4:21 p.m.,
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4:36 p.m., and 4:57 p.m. In the midst of those text messages, there was a 7-minute call between
Mr. DeCicco and Mr. Scourtas, which began at 4:29 p.m. According to Mr. Scourtas, Mr.
DeCicco called him back to learn whether he had spoken with Mirnasiri. Mr. Scourtas
confirmed that they had spoken, but did not tell Mr. DeCicco what Mirnasiri had said.
From 6 p.m. to approximately 7:15 p.m., a critical series of calls occurred ending with what
clearly appears to be Mirnasiri’s attempt to record a call with DeCicco under the direction of
Agent Chizmadia. First, at 6:00 p.m., Mr. Scourtas had another call with Mirnasiri lasting 12
minutes. Shortly thereafter, at 6:25 p.m., Mirnasiri called Agent Chizmadia and they spoke for 6
minutes. Mr. Scourtas then called Mr. DeCicco at 6:41 p.m., and they had an 11-minute call. At
6:59 p.m., Mirnasiri called Mr. Scourtas and they spoke for 15-minutes. Once Mirnasiri finished
speaking with Mr. Scourtas, he immediately called Agent Chizmadia for another 2-minute call.
Following his call with Agent Chizmadia, Mirnasiri then called Mr. DeCicco, and left a 3-minute
voicemail. Mirnasiri testified about the voicemail in the grand jury. He claims he said, “Gary, I
did not make these comments.” Ex. 8 at 48:3-4. According to Mirnasiri, he knew DeCicco had a
bad temper, and he did not want to be on his bad side. Id. at 48:3-4.
Contrary to normal FBI operating procedure, Agent Chizmadia did not prepare a report of
the critical events that occurred on December 9, even though he clearly was integrally involved
in advising Mirnasiri and monitoring the activity. The critical voice mail that DeCicco left for
Mirnasiri was not preserved—at least it has never been produced. The important voicemail that
Mirnasiri left for DeCicco evidently was not recorded, despite the fact that Agent Chizmadia
spoke with Mirnasiri immediately before he placed the call. But if it was recorded, it has never
been produced. Apparently, none of the calls between Mirnasiri and Mr. Scourtas were
recorded, despite his key role as an intermediary between Mirnasiri and Mr. DeCicco in what
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obviously was an intense personal dispute and had nothing to do with AEG or the alleged
“partnership” story. Agent Chizmadia did not even prepare an FBI Form 302 report of the
events of December. For that matter, based on the government’s production to date, Agent
Chizmadia failed to prepare any reports of any of his interactions with Mirnasiri dating back to
August 27, 2014. It appears as though the FBI was running a stealth investigation with a former
informant seeking to obtain evidence against a significant target without creating a paper trail.
The first documents contact between Mirnasiri and Agent Chizmadia was on December
28, 2014, when Agent Chizmadia interviewed him. But even so, Agent Chizmadia did not
generate a contemporaneous report of that interview. Rather, it appears that he first drafted the
scant report, which provides virtually no details, on October 9, 2010, about 10 months later.
And it is now clear that while the government has consistently maintained that this was the first
time the FBI “talk[ed] to” Mirnasiri regarding this case, that statement is patently false. See Ex.
On January 11, 2015, Lundrigan assaulted Mirnasiri at AEG. The Saugus Police
responded to the scene. The FBI went to AEG the following day to conduct a forensic analysis
As the investigation proceeded, the U.S. Attorney’s Office and the FBI sought and
obtained telephone records of virtually all of the key witnesses but one—Mirnasiri. Law
enforcement obtained telephone records of Mr. DeCicco, the Atlantis Marina (Mr. DeCicco’s
work phone), Kim DeBenedictis, Lundrigan, Witham, Prime, and likely others. See Ex. 17. The
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inclusion of DeBenedictis’s records is particularly notable, given her involvement solely in the
On February 11, 2015, one month after the assault, Agent Chizmadia interviewed
Mirnasiri. See Ex. 16. The only apparent official record of this interview is what appears to be a
composite FD-302 Report (“302 Report”) that was prepared on October 9, 2015 but not finalized
until March 16, 2017, which also happened to be the same day the government filed for the
Criminal Complaint (The “Second 302 Report”). See also Section VIII.A, infra. The entry for
This information was described as provided during one of “four (4) separate occasions as it
related to potential threats received by Mirnasari [sic] from GARY DECICCO as well as an
assault on Mirnasari [sic] allegedly orchestrated by DECICCO.” Ex. 16. The issue with this
On February 16, 2015, less than a week after he had interviewed Mirnasiri, Agent
Chizmadia prepared a Form FD-1057 Laboratory form. Ex. 2. This report contained highly
exculpatory evidence under Brady, but was not produced to the defense until February 12, 2018.
Significantly, the report contains a statement from Mirnasiri that completely contradicts and
undermines the government’s theory of the case: that Mr. DeCicco attempted to extort Mirnasiri
because he wanted to be Mirnasiri’s partner and a co-owner of AEG. The report stated that
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It is believed that the assault was arranged by the same subject of the above-
captioned investigation in response to an alleged debt owed by the cooperating
witness to the subject (emphasis supplied).
The subject referenced in the report is DeCicco. Id. at 2. Agent Chizmadia made no reference—
none—to an attempted extortion over an ownership interest in AEG being the reason for the
assault. Moreover, on November 10, 2015, Agent Chizmadia prepared another FD-1057, again
repeating that the assault was believed to be “in response to an alleged debt owed by the
cooperating witness to the subject.” Ex. 18. Both reports indicate the “full investigation” was
D. The Interview of Mirnasiri by the FBI and the IRS on January 17, 2017
On January 17, 2017, Agent Elio and IRS Special Agent Sandra Lemanski interviewed
Mirnasiri about the alleged extortion. See Dkt. No. 35-13. The purpose of the interview was to
ask Mirnasiri “about information that he provided to the Saugus Police Department on August 4,
2014 relating to a flower delivery.” Dkt. No. 35-13 at ¶ 2. The agents inquired about the
“incident with DeCicco that [Mirnasiri] was referring to in the police report”—referencing
Mirnasiri’s answer to Det. Morello question on August 4, 2014 about “prior incidents of similar
harassment.” Mirnasiri answered that it concerned “their disagreement over DeCicco not paying
for the paving of the dealership.” Id. at ¶ 23; see also Ex. 1. The agents did not appear to ask
Mirnasiri how that dispute constituted Mr. DeCicco’s “harassment” of him given that he was
describing a contractual dispute in which he was asking Mr. DeCicco for money. Nor did they
appear to ask what Mirnasiri meant when he stated that he “contacted the FBI” about the dispute,
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VIII. The Criminal Complaint and the Government’s Affidavits in Support of the
Pleadings and in Support of Pretrial Detention
The FBI reactivated Mirnasiri as a source in July 2015. The government ultimately
decided to charge Mr. DeCicco by way of a criminal complaint filed on March 16, 2017. See
Dkt. No. 3. The complaint was supported by Agent Elio’s affidavit. See Dkt. No. 3-1.
Agent Elio’s affidavit, dated March 16, 2017, was apparently prepared in reliance of a
302 Report that was prepared by Agent Chizmadia, referenced here as the Second 302 Report.
As described earlier, the Second 302 Report purported to include four occasions on which
Mirnasiri provided information to Agent Chizmadia about the purported threats from Mr.
DeCicco as well as “an assault on Mirnasiri allegedly orchestrated by DECICCO.” See Ex. 16.
The earliest contact described between Mirnasiri and Agent Chizmadia was on December 28,
2014, when Agent Chizmadia wrote that Mirnasiri described threats he had earlier reported to
Saugus Police Department that he believed were from Mr. DeCicco related to CW-1’s refusal “to
give part” of his business to Mr. DeCicco. The Second 302 Report went on to document the
collection of evidence on January 13, 2015, the interview with Agent Chizmadia on February 11,
2015, and the identification of James Lundigran as the assailant via photo array on October 2,
2015. The Second 302 Report did not reference any of the other 46 points of contact between
As noted, the “Date of Entry” of the Second 302 Report is March 16, 2017, the same day
the government filed the Criminal Complaint. See Dkt. No. 3. The “Date of Investigation” and
“Date Drafted,” however, are October 2 and 9, 2015, respectively—almost 18 months before the
“Date of Entry.” The FBI’s internal policies and procedures governing the preparation of FD-
302 reports require that “the preparation of the FD-302 should be effected within five days
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following the final interview session.” Ex. 19, FBI Manual of Administrative Operations and
Before receiving the Second 302 Report in discovery, the defense was first provided with
another version of this 302 Report, dated one day earlier on March 15, 2017 (the “First 302
Report”). Ex. 20. The First 302 Report differs from the Second 302 Report in a few notable
respects, including recounting that Mirnasiri “provided information on three separate occasions”
(instead of four). The First 302 Report also did not contain the entry concerning the January 13,
2015 visit to AEG to collect evidence, which appeared to have been inserted sometime between
March 15 and March 16, 2017, over two years later. Critically, the key phrase in the preamble in
the Second 302 Report describing “an assault on Mirnasiri allegedly orchestrated by
DECICCO,” is missing on the March 15 version. The “Date Drafted” on the First 302 Report
was not altered, however, remaining at October 9, 2015. Absent metadata and supporting notes,
the defense is unable to ascertain when either 302 Report was drafted, revised, altered, and/or
On March 16, 2017, the same day the Second 302 Report was being revised and
finalized, Agent Elio used it to prepare his affidavit to support the Criminal Complaint, which
was filed later that day. Compare Ex. 16 with Dkt. No. 3-1 at ¶ 13, n.2. Much of the affidavit is
based on information provided by Mirnasiri to the Saugus PD and to the FBI, particularly Agent
Chizmadia and Agent Elio. To bolster his affidavit, Agent Elio stated that Mirnasiri “has no
9
The government represented to the defense the First 302 Report was a “draft” of the Second 302 Report. The
government did not offer an explanation why a “draft” would have been revised on March 16, 2017, over 18 months
after the report was first drafted on October 9, 2015. The government has also represented that there is no metadata
available.
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criminal history and I am not aware of any information that would adversely affect the credibility
of CW-1’s information.” Dkt. No. 3-1 at ¶ 5. Agent Elio also relied heavily on his analysis of
witnesses Lundrigan and Witham, and Agent Elio used these records to prove the connections
between Lundrigan, the assailant, and Witham, Prime, and Mr. DeCicco around the time of the
IX. The Government’s Representations About Its Investigation During the Detention
Proceedings
The government moved to detain Mr. DeCicco pretrial. Dkt. No. 18. The detention
hearing was later reopened after a hearing on the defendant’s motion to reopen detention hearing.
See Dkt. Nos. 34, 83, 119. During these hearings, the government made a series of
representations that have since been shown to be inaccurate in light of recent productions of
evidence.
Consistent with the timeline inferred from the Second 302 Report, the government has
consistently represented throughout multiple hearings that the first contact between the FBI and
Mirnasiri with respect to the investigation in this case was on December 28, 2014. This
representation was deliberately made to support the government’s argument that the strength of
its extortion case should not be discounted it did not have time to deploy its customary
investigative techniques of interviews, consensually recorded calls, body wires, or Title III
wiretaps, in the period between Mirnasiri’s interview with Agent Chizmadia on December 28,
2014, and Mirnasiri’s assault on January 11, 2015. For example, on October 5, 2017, the
government argued that “the FBI goes and talks to [Mirnasiri] in December of 2014 before he’s
beaten . . . the fact that they didn’t wire him up between the end – I think it was December 28
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and the day he gets beaten on January 11” should not have been held against the government’s
case. Ex. 21 at 67:9-15. The government also had the following colloquy with the Court:
On November 3, 2017, the government presses this point multiple times, stating that,
Between the time when the FBI interviews CW-1 and the time
when he’s beaten, it’s 13 days, and that includes New Year’s and
Christmas vacation. They simply didn’t have a chance to pursue
this investigation before Mr. DeCicco took matters again into his
own hands.
THE COURT: Oh, in other words, the threats were not on December 28.
He’s simply reporting it on December 28, because that’s
when’s interviewed.
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GOVT: Yes, Your Honor. Saugus P.D., the task force officer, he
turns it over to the FBI, and they ultimately get to talk
to CW-1 on December 28; and therein,
THE COURT: Okay.
GOVT: -- there he recounts that he’s received threats that he
believes are from Mr. DeCicco and his associates.
Ex. 15 at 30:10-20 (emphasis added).
As Mirnasiri’s phone records now show, he was in contact with Agent Chizmadia concerning
this case as early as August 27, 2014, and certainly no later than October 8 and 9, 2014, when his
records show him calling Agent Chizmadia immediately after finishing a call with DeCicco.
B. The Government’s Representation that Mirnasiri and Mr. DeCicco Did Not
Talk between August 4, 2014 and January 11, 2015
In addition to representing that the FBI did not talk to Mirnasiri before December 28,
2014, the government also represented that Mirnasiri and Mr. DeCicco did not talk to each other
between the flower incident and the assault. This representation was in support of the
government’s theory that the only interactions that Mirnasiri had with Mr. DeCicco during that
time related to the supposed ownership dispute of AEG, providing the straight-line inference as
to the intent behind the January 11 assault. In truth, Mirnasiri and Mr. DeCicco spoke regularly
between August 4, 2014 and January 2015: constructively and antagonistically at various times,
given their complex, neighborly relationship and rivalry. Indeed, after sending the flowers, Mr.
DeCicco called Mirnasiri the very next day, explaining that he was behind it and was entirely
unapologetic about it.10 Yet the government represented, in response to a direct question about
the interactions between Mr. DeCicco and Mirnasiri between the delivery of flowers and the
10
Mirnasiri did not mention to the Saugus PD that he had talked with Mr. DeCicco to the Saugus PD the day before
when he was being interviewed on August 6; he did, however, then report that Mr. DeCicco purportedly wanted to
be partners with him in AEG. It was later that month that Mirnasiri repeatedly attempted to contact SA Chizmadia.
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THE COURT: All right. One of the things I’m going toward is this. The
flowers are sent in August. It sounds like right after
the dealership opened. And the assault is on January
11.
My question is what’s going on in the interim?
GOVT: He’s doing business, Your Honor. And he hasn’t paid
attention to the threat. He’s not talking to Mr. DeCicco.
He’s not giving him a piece of the business.
Ex. 15 at 31:17-25.
Finally, the government represented in briefing and during argument that Mirnasiri was
approached by the FBI in this investigation, and not the other way around, to support its
argument that Mirnasiri did not manipulate law enforcement, nor was he vindictive, nor biased
against Mr. DeCicco. The government wrote in its opposition brief to reopening the detention
hearing:
Dkt. No. 87 at 16 (emphasis in original). The government tried to drive this point home during
I think what Mr. Sheketoff said is he should have known immediately that this was
a federal extortion and reported it to the FBI. What he did was as soon as he got
the flowers, he reported it to the Saugus P.D. He wasn’t working for the FBI at the
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time. That’s who you report getting a threat . . . you report it to the Saugus P.D. It
was the Saugus P.D. that called the FBI when they realized that this could be a
federal crime . . . And then the FBI goes and talks to [Mirnasiri] in December of
2014 before he’s beaten[.]”
Ex. 15 at 66:22-67:6 (emphasis added). Yet Mirnasiri’s phone records are strongly indicative
that these representations were not true: after the flower delivery but before Saugus PD referred
the case to the FBI, it was Mirnasiri who repeatedly contacted Agent Chizmadia, not the other
While the automatic discovery rules in this district mandate that the government produce
documents and things that are required to be produced under Fed. R. Crim. P. 16(a) without need
for a request from the defense, the defense has indeed made specific requests for (1) Mirnasiri’s
phone records; (2) Mirnasiri’s communications to others regarding Mr. DeCicco, including
specifically communications with the FBI; and (3) notes and the information therein underlying
Agent Chizmadia’s various, inconsistent reports of interviews of Mirnasiri. See Ex. 5. The
Failure to Obtain, or Suppression of, Mirnasiri’s Phone Records, and The Government's
The government did not produce Mirnasiri’s phone records until May 17, 2018, and when
it did, they were incomplete. The defense did not obtain a complete set of Mirnasiri’s phone
records until May 22, 2018, the day before the final pretrial conference.
The circumstances under which Mirnasiri’s phone records were sought and produced in
this case are troubling. First, the government represented that it never was in possession of
Mirnasiri’s phone records, stating that they (1) subpoenaed the wrong phone number; and,
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regardless, (2) subpoenaed the phone records too late, in April 2017,11 because the provider
overwrites the records after 24 months (making August 2016 the latest that the government could
have sought to obtain them). But the government had been working with Mirnasiri directly in
this case since August 27, 2014 (when they first made contact), or December 28, 2014 (when
Mirnasiri was interviewed), or July 2015 (when he was re-opened as a CHS).12 The government
also had been diligent in subpoenaing the phone records of every other conceivable witness in
this case, including Mr. DeCicco, Prime, Witham, Lundrigan, Scourtas, and DeBenedictis, to
name a few. But for whatever reason, the FBI purportedly determined not to obtain Mirnasiri’s
phone records, in a case that involved threatening phone calls in the context of a potential
extortion.
Second, on May 4, 2018, when the defense sought the government’s assent to file a
motion for a Rule 17(c) subpoena for Mirnasiri’s telephone records, the government readily gave
its assent. The defense filed the assented-to motion on that same day.13 See Dkt. No. 180. But
then, unbeknownst to the defense, the government filed its own subpoena to T-Mobile seeking
the same records. See Ex. 23. And on May 17, 2018, the government produced Mirnasiri’s
phone records to the defense. The production contained a cover document from T-Mobile
purporting to report that “no records were found” for Mirnasiri’s number. See Ex. 24.
Consistent with the reply that the government had received from T-Mobile in response to its
11
The government inexplicably waited until after the charges were filed in March 2017 before subpoenaing this
evidence in April 2017.
12
The defense understands that Mirnasiri has been using the same mobile phone from 2014 until the present.
13
The defense ultimately subpoenaed the wrong provider and obtained no records in response to its Rule 17(c)
subpoena, believing from investigation that Mirnasiri’s phone provider was Tracfone/Omnipoint, a prepaid phone
service.
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April 2017 grand jury subpoena, T-Mobile explained that it overwrites its records after 24
months. Yet the 2014-2015 records accompanied the May 2018 subpoena response.
Third, the production on May 17, 2018 was incomplete. The phone records that were
missing coincided with the most critical juncture of the case: the January 8, 2015 statement,
which would have reflected records for December 9, 2014-January 8, 2015, shortly before the
January 11, 2015 assault. Instead of the January 8, 2015 statement, however, the December 8,
2014 statement was produced in its place, and therefore was produced twice, making it difficult
on a preliminary review to discern that the section was missing. See Ex. 26 (comparing
this irregularity, the government agreed to “follow-up” with T-Mobile, and within 48 working
hours, the government produced the missing statement. See Ex. 12.
Given these myriad issues, on the evening of May 23, 2018, the defense requested to
inspect the originals of the production. On May 24, 2018, the government represented there was
“nothing to inspect” because the records were produced by T-Mobile to the government
electronically rather than in hard copy. See Ex. 7. The government then forwarded the apparent
production emails from T-Mobile to the defense for reference, but given the time restraints, the
defense has been unable to obtain any independent forensic review of the records. See Ex. 28.
The government has since been interviewing telephone providers and producing additional
telephone record and other information throughout the morning of May 24, 2018—at this
eleventh hour, almost five years after the beginning of the relevant time period. See Ex. 29
To this days, the government still has not produced critical statements made by Mr.
DeCicco in the months between the flower delivery and the assault, which were due with
automatic discovery on May 26, 2017. See Fed. R. Crim. P. 16(a)(1); L.R. 116.1, 116.2. These
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statements include at least one, arguably case-dispositive voice message that Mr. DeCicco left in
Mirnasiri voice mailbox on December 9, 2014, directly preceding Mirnasiri’s assault. In this
voice message, Mr. DeCicco told Mirnasiri that he had heard about Mirnasiri’s backstabbing and
gossip, and strongly and profanely advised Mirnasiri to stop talking about him and his family, or
else he would “beat the sh*t out of” him. No reference is ever made to AEG, or wanting to be a
partner in AEG, or wanting to be a partner with Mirnasiri. The records show that, after Mirnasiri
retrieved his voice messages (including Mr. DeCicco’s message) on December 9, Mirnasiri
called Agent Chizmadia repeatedly. Then, immediately after hanging up on his second call with
Agent Chizmadia, Mirnasiri called Mr. DeCicco and left him a voicemail lasting 3 minutes. He
then immediately texted Agent Chizmadia, reporting back that he had left Mr. DeCicco a
voicemail. A similar exercise occurred on October 8, 2014. See Section V, supra. Given these
circumstances, it is strains credulity that the FBI never took possession, custody, or control of
Mr. DeCicco’s statements, especially with a cooperating witness in Mirnasiri. But the
The government’s production of Mirnasiri’s communications with FBI SAs Elio and
Chizmadia have been revealed to be incomplete based on Mirnasiri’s phone records. The
communications produced with respect to Agent Chizmadia begin on January 12, 2015, the day
after Mirnasiri’s assault. The defense now understands, however, that Agent Chizmadia and
Mirnasiri began text messaging in September 2014. See Ex. 22. During the May 23, 2018
hearing before the Court, the government acknowledged that there may be earlier text messages
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On May 24, 2018, the government produced Agent Chizmadia’s text messages with
Mirnasiri from 2014, stating they were “inadvertently omitted.” See Ex. 27. The texts appear to
show Mirnasiri leaving voicemails with Agent Chizmadia, and also meeting with him in person.
During the pretrial conference, the government admitted that it had not spoken with
Agent Chizmadia, even though he was noticed on the defense’s witness list and trial was less
than one week away. (Agent Chizmadia was not noticed on the government’s witness list.) The
government expressed surprise that there were such a high number of text messages and calls
before December 28, 2014, but offered several possible benign—but implausible—explanations:
(1) Mirnasiri may not have been talking about Mr. DeCicco; (2) Mirnasiri and Agent Chizmadia
may not have been talking substantively at all, but instead the short calls were perhaps to set up
meetings; (3) Agent Chizmadia was simply exploring, over 5 months, whether Mirnasiri was
suitable or willing to serve as a confidential human source. This ignores, however, that it was
Mirnasiri who first initiated contact with the FBI after the flower delivery, on August 27, 2014.
Moreover, given that Mirnasiri was not a CHS at the time, it was entirely improbable that the
communications were not related to Mr. DeCicco. Indeed, the obvious reading of the phone
Chizmadia was closely supervising, if not instructing the communications Mirnasiri was making
to Mr. DeCicco.
Finally, the production of various (and invariably) exculpatory pieces of evidence have
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The First 302 Report produced with automatic discovery on May 26, 2017 was troubling
on its face, but it was not until the late production of the complete, Second 302 Report that the
irregularity became more acute. At the defense’s request, the government produced the Second
302 Report on March 26, 2018. The Second 302 Report was produced in the middle of a Bates
range, however, that was responsive to a different request that had sought documents about the
alleged incidents of August 4-6, 2014, including deliveries of flowers, pizza, and alleged
anonymous threatening calls.14 Ex. 20. In response to the defense’s request for drafts and
metadata pertaining to the First 302 Report, the government declined to produce, arguing that it
“is not required to provide such information under Local Rule 116.1(c)(1) and Local Rule
The defense then requested production of the missing page of the report, as well as any
metadata, drafts, and notes related to this and other 302 Reports based on (1) the incompleteness
of the report; (2) the inexplicable 18-month delay between the alleged drafting of the report and
its entry into the investigative file; (3) the suspicious and questionable timing of the “date of
entry” one day before the filing of the Criminal Complaint; (4) the absence of any other law
enforcement reports in the production—whether 302 reports, agent notes, or other reports—
contemporaneously documenting the 2014 and 2015 events described in the First 302 Report;
and (5) the apparent violation of FBI policy evidenced by this delay and the FBI’s apparent
failure to prepare separate 302s for each interview of a confidential source. The defense also
requested all documents, reports, and notes within the government’s possession that pertain to
14
The Second 302 Report contains no reference to the August 4-6, 2014 incidents, making its production in the
midst of documents responsive to a request relating to those incidents puzzling.
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the interviews that the Agent Chizmadia and TFO Frenzo conducted with CW-1 in 2014 and
2015. During the hearing on the defense’s Motion to Compel on May 10, 2018, the government
represented that there was no metadata, and agreed to review Agent Chizmadia’s notes and turn
On May 21, 2018, the government reported that it had completed its review and was not
required to produce anything. See Ex. 30. However, during the afternoon hearing on May 23,
the government admitted that it had not recently spoken with SA Chizmadia, and expressed
uncertainty about the scope of his role in the investigation of the alleged crime at issue in this
case, despite the fact that trial was merely days away and he was expected to be called as a
witness.
Automatic discovery was scheduled to be produced on May 26, 2017. On February 12,
2018, the government provided a “supplement” to the automatic discovery that included reports
of examinations and tests that the government concedes that the defense was entitled to under
Fed. R. Crim. P. 16(a)(1)(F), but were “inadvertently omitted from prior productions in this
case.” Included in this supplemental automatic discovery were two Form FD-1057 laboratory
forms, dated February 17, 2015 and November 10, 2015 (the “Laboratory Forms”). Ex.2; Ex.
18. The Laboratory Forms both stated that the January 11, 2015 assault against CW-1 was
believed to be “in response to an alleged debt owed by the cooperating witness to the subject.”
Ex. 2 at 2; Ex. 18 at 2.
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3. Telephone Records
Aside from Agent Chizmadia’s 2014 text messages with Mirnasiri, Scourtas’s phone
records—which are centrally relevant to the events of December 9, 2014, described supra—were
ARGUMENT
The defense seeks dismissal of the indictment, with prejudice, because Mr. DeCicco has
due process violation.” United States v. Chapman, 524 F.3d 1073. 1084 (9th Cir. 2008) (quoting
United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir. 1991)). The government has (1)
destroyed exculpatory evidence; (2) made multiple, material misrepresentations to the Court in
support of its motion to detain Mr. DeCicco pretrial; (3) withheld exculpatory evidence until the
eve of trial, and (4) deliberately failed to investigate facts—and one can only infer because it
knew that the evidence uncovered would have been exculpatory. See Brady v. Maryland, 373
U.S. 83 (1963). The circumstances in this case meet the First Circuit’s standard, where
dismissals should be ordered where there is “serious and blatant prosecutorial misconduct that
distorts the integrity of the judicial process.” See United States v. Rivera-Santiago, 872 F.2d
1073, 1088 (1st Cir. 1989). In its zeal to pursue Mr. DeCicco, the government has thrown its lot
in with Mirnasiri: an inveterate liar with a vindictive streak, a deep animus against Mr. DeCicco,
and a track record of manipulating or exploiting law enforcement to settle business and personal
disputes, evidence of which was plainly before the government’s view. The government has lost
sight of its duty to safeguard the constitutional rights of the accused to a fair trial, an effective
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As a result of a badly-distorted judicial process, Mr. DeCicco has spent over one year in
pretrial detention, deprived of his liberty upon a liar’s uncorroborated say-so and the
government’s acquiescence. He has been wrongly isolated from his family, who rely on him for
financial and emotional support. His businesses and projects have suffered from his absence,
causing him financial harm. And this does not even begin to scratch the surface of the prejudice
that Mr. DeCicco has suffered in the preparation of his defense in his criminal trial resulting
from the government’s mishandling of evidence, of Mirnasiri, and of the entire investigation
itself. Nothing but dismissal of the indictment would begin to redress these harms.
First, the government knowingly destroyed the voicemails that Mr. DeCicco left for
Mirnasiri on December 9, October 8, and October 9, 2014. These voicemails would have gutted
the government’s theory of the case because they would show that, shortly before Mirnasiri was
assaulted, Mr. DeCicco was incensed at Mirnasiri because of his unceasing smearing of Mr.
DeCicco and his family members. Not only did Mr. DeCicco openly express his disdain and
revulsion of Mirnasiri to Mirnasiri himself, making it unlikely that he would have wanted to seek
a partnership with him, the voicemails portended the reason for the violence that followed, taking
this case squarely out of federal reach. See Scheidler v. NOW, Inc., 547 U.S. 9, 15-16 (2006)
(“We hold that physical violence unrelated to robbery or extortion falls outside the scope of the
Hobbs Act.”). These voicemails—and particularly the December 9, 2014 voicemail, given its
proximity in time to Mr. DeCicco’s outreach to Jeffrey Prime and the January 11, 2015 assault—
are nothing if not exculpatory, and their destruction was massively prejudicial to the defense.
In Femia, the First Circuit fashioned a three-part test from Youngblood and Trombetta to
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First, the evidence “must possess an exculpatory value that was apparent before the evidence was
destroyed,” second, the defendant is “unable to obtain comparable evidence by other reasonably
available means,” and third, “bad faith” on the part of law enforcement. United States v. Femia,
9 F.3d 990, 993 (1st Cir. 1993) (quoting Trombetta, 467 U.S. at 488-89 and Youngblood, 488
U.S. at 58). These factors are amply met here. First, the voicemails possess clear exculpatory
value, as already explained above. Second, the defendant is unable to obtain comparable
evidence. The voicemails were contemporaneous snapshots and best evidence of Mr. DeCicco’s
state of mind at the time he left them, and only the recipient, Mirnasiri—and anyone with access
to Mirnasiri’s voice mailbox—would have had the chance to obtain them. Any substitute
evidence—in the form of witness testimony or otherwise—would not carry the same emotional
impact and hallmarks of trustworthiness that the furious voice of Mr. DeCicco’s in a live
recording would.15
Finally, bad faith has been clearly established. As the late-produced phone records newly
show, Agent Chizmadia had access to Mirnasiri for weeks—if not months—before the
voicemails were left. Agent Chizmadia interacted with Mirnasiri in real time in reaction to Mr.
DeCicco’s voicemails in October and December, coaching him on how to respond. It beggars
belief that Agent Chizmadia would not have learned of the contents of the voicemails through
Mirnasiri’s contemporaneous account, through listening to them himself, or most likely: through
collecting them from Mirnasiri’s phone, given their central relevance to the conflict between
Mirnasiri and Mr. DeCicco. Having established possession, custody, and control over the
voicemails, the government’s failure to produce them, as part of automatic discovery, as Brady
15
Moreover, the government is trying to exclude Mr. DeCicco’s out-of-court statements reflecting his loathing of
Mirnasiri as “self-serving” statements. See Dkt. No. 260. While these statements would not be not hearsay as they
are not offered for the truth of the matter asserted, they would necessarily be more antiseptic and less impactful.
33
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 34 of 42
material, or even in response to the defense’s direct requests, clearly establishes bad faith. But to
compound bad faith further, the government’s misrepresentation that the investigation did not
begin until December 28, 2014 gave the Court and the defense the misleading impression that the
FBI was not even involved by October or early December, severely prejudicing the preparation
of the defense and potentially leading to the loss or destruction of the evidence itself.
Even assuming arguendo that the conduct here “does not rise to the level of a due process
violation,” the Court has the inherent supervisory powers to dismiss the indictment. Id. In order
“[t]o justify dismissal under the Court's supervisory powers, the government’s conduct must be
(1) flagrant and (2) cause substantial prejudice to the defendant.” United States v. Fitzgerald, 615
F. Supp. 2d 1156, 1159 (S.D. Cal. 2009) (citing United States v. Jacobs, 855 F.2d 652, 655 (9th
Cir. 1988) and Chapman, 524 F.3d at 1085). The government’s conduct can be flagrant without
being intentional—“‘reckless disregard’ satisfies the standard for dismissal. Jacobs, 855 F.2d at
655; Chapman 524 F.3d at 1085. The government’s contemporaneous access to the voicemails
in 2014—the key exculpatory evidence in this case—and its reckless disregard in allowing them
indictment based on prosecutorial misconduct. See United States v. Chapman, 524 F.3d 1073,
1089 (9th Cir. 2008) (“[T]he dismissal was purely intended to sanction the government's flagrant
Brady/Giglio and procedural violations and the misrepresentations used to conceal these
violations”). The government violated Brady and Giglio when it withheld evidence that Agent
Chizmadia and Mirnasiri were communicating from August 2014 until December 28, 2014. The
government then used affirmative misrepresentations to hide that evidence of their pre-December
34
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28 discussions. Were it not for the recent production of Mirnasiri’s phone records, which was
obtained from T-Mobile by the government likely as a result of the defense’s renewed efforts to
subpoena them separately, the government’s serial misrepresentations about the investigation
and about Mirnasiri would not have been brought to light. And were it not for the Court’s
hearing on May 23, 2018, the additional supplemental productions of exculpatory evidence under
Brady and Giglio likewise would have remained concealed from the defense. The indictment
should be dismissed as sanctions for the government’s flagrant willingness to distort the facts in
evidence in this case extends a dismal history of intentional and inadvertent violations of the
government's duties to disclose in cases assigned to this court.” United States v. Jones, 620
F.Supp.2d 163, 165 (D. Mass. 2009) (quoting United States v. Jones, 609 F.Supp.2d 113, 119 (D.
Mass 2009)) (characterizing “[t]his [as] yet another matter that arises out of ‘misconduct
committed by a federal prosecutor who should have known better.’” (citation omitted)).
As argued above, the evidence that was withheld is material, and the withholding of these
materials from the defense has prejudiced its ability to prepare its defense. For example, were
Mirnasiri’s phone records never produced, the defense would have been unable to cross-examine
Mirnasiri or Agent Chizmadia about their extended contact before the December 28, 2014
interview. Similarly, the defense would have been unable to challenge the holes in the
government’s evidence, such as missing notes, 302s, and the lack of basis for the several
misrepresentation sin this case. Finally, the exculpatory voicemails that were destroyed in this
case have substantially prejudiced the defense’s case, as they provided the best evidence of Mr.
35
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 36 of 42
DeCicco’s intent in this case—the critical element of the attempted extortion charge. “Under the
Due Process Clause of the Fourteenth Amendment, criminal prosecutions must comport with
prevailing notions of fundamental fairness. We have long interpreted this standard of fairness to
defense. To safeguard that right, the Court has developed ‘an area of constitutionally guaranteed
access to evidence.’” California v. Trombetta, 467 U.S. 479, 485, 104 S. Ct. 2528, 2532 (1984)
(quoting United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982)). The violation of this
intentional failure to investigate other leads offends a defendant's due process rights.” Wilson v.
Lawrence Cty., 260 F.3d 946, 955 (8th Cir. 2001); see also Sanders v. English, 950 F.2d 1152,
1162 (5th Cir. 1992) (denying qualified immunity where evidence could support a finding that
defendant had deliberately ignored exonerating information indicating he had arrested the wrong
person); Whitley v. Seibel, 613 F.2d 682, 686 (7th Cir. 1980) (noting that while negligent acts in
an investigation do not violate due process, intentional acts do); Brockinton v. City of Sherwood,
Arkansas, 503 F.3d 667, 672 (8th Cir. 2007) (plaintiff “must show that [defendant's] failure to
investigate was intentional or reckless, thereby shocking the conscience” because negligently
failing to investigate further does not violate due process); Thompson v. Sanborn, 568 F. Supp.
385, 388 (D.N.H. 1983) (finding issues with investigation included actions beyond simple errors
in investigation). Furthermore, “as the Supreme Court stated, ‘the individual prosecutor has a
duty to learn any favorable evidence known to others acting on the government's behalf in the
36
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 37 of 42
case, including the police.’” United States v. Diabate, 90 F. Supp. 2d 140, 142 (D. Mass. 2000)
The government here failed to obtain and investigate Mirnasiri’s phone records, a
decision made even more egregious by its decision to obtain all other witnesses’ phone records.
Indeed, the government has conducted extensive analysis of several phone records plans to use
them as inculpatory evidence against Mr. DeCicco. See Dkt. No. 274. Its decision to refrain
from doing the same with respect to Mirnasiri’s phone records—and especially given that it may
properly investigate a crime, the government failed to produce exculpatory evidence (both on
motion and under their Brady obligations), and the prosecuting attorney purposefully remained
ignorant of the exculpatory evidence until one day before seeking dismissal of the case, which
resulted in an unlawful seven-month incarceration of the defendant. 479 F.3d 196 (2d Cir. 2007).
The Second Circuit highlighted three relevant failures on the part of the government that
evidenced substantive failures in due process for the defendant: (1) “failure to investigate the
tape to see if the tape was in fact exculpatory, [which] would readily support a jury finding of
either intentional violation of, or deliberate indifference to, [defendant]'s constitutional rights;”
(2) “failure to investigate the tape to see if the tape was in fact exculpatory, [which] would
readily support a jury finding of either intentional violation of, or deliberate indifference to,
[defendant]'s constitutional rights;” and (3) “failure to follow police procedures with respect to
the storage of the exculpatory evidence adds further evidence on the basis of which a jury could
16
Although the findings in Russo v. City of Bridgeport were pursuant to an action under 42 U.S.C. § 1983, the
analysis related to substantive due process violations are still relevant to the misconduct at issue here.
37
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 38 of 42
find deliberate indifference to [defendant]’s incarceration and to his asserted innocence.” Id. at
209-10.
While each of the categories of misconduct above, standing alone, warrant dismissal of
the indictment—whether to vindicate Mr. DeCicco’s due process rights or to sanction the
together amply cross the threshold required to order dismissal with prejudice. See Chapman, 524
F.3d at 1089 (“[T]he dismissal was purely intended to sanction the government's flagrant
Brady/Giglio and procedural violations and the misrepresentations used to conceal these
violations”).
To the extent that the Court needs more information to rule on this Motion, especially in
light of the last-minute, relevant productions from the government mere hours before the defense
was due to file these papers, the defense requests an evidentiary hearing to provide the Court
III. If the Case Is to Proceed to Trial, Relief Is Necessary to Redress the Prejudice Mr.
DeCicco Has Suffered as a Result of the Government’s Misconduct
Mr. DeCicco has spent over one year in pretrial detention, deprived of his liberty solely
upon Mirnasiri’s dubious attestations and the government’s eagerness to believe him. He has
been unjustly removed from his family, who depend on him for financial and emotional support.
His businesses and projects have suffered from his absence, causing him financial harm. All of
this is aside from the prejudice Mr. DeCicco has suffered in the preparation of his defense in his
38
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 39 of 42
criminal trial as a result of the government’s mishandling of evidence. Mr. DeCicco should be
granted pretrial release to allow him to assist in his defense should this case continue to trial.
The Court should exercise its broad discretion and inherent supervisory powers and
disallow Mirnasiri from testifying at trial. See Chambers v. NASCO, Inc., 501 U.S. 32, 45 (1991)
(discussing the Court’s inherent supervisory powers). The government has irreversibly tainted
investigation and prosecution. Far from the hapless victim and unwillingly participant in this
federal investigation, as the government has portrayed him, Mirnasiri was actively involved in
recruiting the FBI to investigate Mr. DeCicco and developing evidence against him. See Section
IX, supra. But the government falsely represented that the FBI came to Mirnasiri, and further
falsely represented that he never spoke to the FBI until December 28, 2014, while in fact he had
been setting the stage for carefully-orchestrated contacts with Mr. DeCicco in October and
December, all with the help of the FBI. The government has further ignored the significantly
inconsistent versions of the facts of this case as recounted by the so-called victim, including the
dubious existence of the threatening calls, the ever-changing timeline of when Mr. DeCicco
allegedly made his partnership request, and the non-existent prior report to the FBI establishing
the so called pattern of “harassment” that Mirnasiri claims to have suffered. And yet the
government is prepared to put Mirnasiri on the stand, where his testimony represents the lion’s
share of evidence against Mr. DeCicco. Any disadvantage to the prosecution of this case that
results from excluding Mirnasiri from testifying at trial—which may very well result in
39
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 40 of 42
C. The Government Should Be Ordered to Review Its Files and Produce All
Withheld, Material, and Exculpatory Evidence Immediately
The government should be ordered to thoroughly search its files and the files of the
prosecution team and produce all withheld, material evidence immediately, as it should have
done from the beginning of these proceedings. See United States v. Agurs, 427 U.S. 97, 108
(1976) (“[T]he prudent prosecutor will resolve doubtful question sin favor of disclosure.”). The
burden of obtaining and disclosing exculpatory evidence always lies with the prosecution. Kyles,
514 U.S. at 437 (“[T]he individual prosecutor has a duty to learn of any favorable evidence
known to the others acting on the government’s behalf in the case[.]”); United States v. Osorio,
929 F.2d 753, 761 (1st Cir. 1991) (“An Assistant United States Attorney using a witness with an
impeachable past has a constitutionally derived duty to search for and produce impeachment
The government has made multiple assurances throughout this prosecution that it had
reviewed, searched, and produced all relevant, material, and exculpatory evidence, including
notes and electronic devices. Yet the defense continues to receive today a stream of
government’s prior productions, including the latest disclosure that the government reviewed but
did not produce text messages and emails between Mirnasiri and Agent Chizmadia from
Mirnasiri’s phone, even though the government represented just the day before that it had
completed review of the content of Mirnasiri’s phone, implying that there was nothing further to
produce. Compare Exs. 101 and 102. This but being one example of a string of similar
defense can no longer take the word of the government that it has complied with its discovery
40
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 41 of 42
obligations. The government should be ordered by the Court to turn over all withheld material
evidence to allow inspection and independent evaluation of its potentially exculpatory value.
A spoliation instruction should be entered against the government relating to all material
evidence that the government is unable to produce, including the destroyed voicemails of Mr.
DeCicco to Mirnasiri in the relevant time period. United States v. Laurent, 607 F.3d 895, 902
(1st Cir. 2010). “A ‘spoliation’ instruction . . . is commonly appropriate in both civil and
criminal cases where there is evidence from which a reasonable jury might conclude that
IV. The Government Should Be Otherwise Sanctioned for this Eve of Trial Ambush
In addition to any or all of the relief requested above, it is within the court’s discretion to
order any other sanctions it deems appropriate, given the facts of the case. Chambers v. NASCO,
Inc., 501 U.S. 32, 45 (1991) (citing Roadway Express v. Piper, 447 U.S. 752, 765); see also
Hutto v. Finney, 437 U.S. 678, 689, n. 14 (1978); see also Jones, 620 F.Supp. at 167
(considering monetary sanctions to reimburse Court “for at least some of the time spent by
Jones’ Criminal Justice Act counsel in dealing with issues caused by her failure to disclose
CONCLUSION
For these reasons, the motion to dismiss the indictment for government misconduct
should be granted.
41
Case 1:17-cr-10092-NMG Document 304 Filed 05/25/18 Page 42 of 42
Respectfully submitted,
GARY P. DECICCO
By his attorneys,
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the above document was filed on May 25, 2018
through the CM/ECF system and will be served electronically to registered CM/ECF participants
as identified on the Notice of Electronic Filing.
42
Case 1:17-cr-10092-NMG
SAUGUSDocument
POLICE 304-1
35-14 Filed 05/25/18
DEPARTMENT 04/24/17 Page 1 of 14 Page: 1
' . 1
Call Number Printed: 01/ 11 /2017
Narrative:
called to report that he received a harassing
package and note. Detectives Forni and Morello to
investigate. See incident#
GOVERNMENT
EXHIBIT
1
17-mj-4063-DHH
Incident#:
Call#:
Signature:
Signature:
1 w 54 6:
1 WITNESS w 42
Incident#:
Call#:
08/04/2014 1500
1. On the above date and time Det. S.Forni and I responded to the to take a report of
harassment. Upon our anival we spoke with (02/22/60). l stated that he received
flowers and a decorative glass cross. The card attached to the flowers read "Congrats Gary- We all know who's
place that is. We hope this cross will help you get rid of that muslim prick- From all route one auto dealers."
is of Middle Eastern descent, but claims to not be a religious man. The flowers were delivered by
Tony's florist which is located at 696 Western Ave. in Lynn. Shortly after receiving the flowers took a
call from a blocked number. The male caller said "fucking muslim, I'm going to fucking kill you". A third
incident occuned sh01tly after that when $75.00 worth of pizza was delivered to his store that he did not order
with payment due upon delivery. The pizza was ordered by telephone. The caller ID on the phone showed
781-849-4489.
2. was asked ifhe had any prior incidents of harassment that were similar to this one. He told us that
he had one prior incident that involved a neighbor of his. That neighbor is now identified as Gary DeCicco
(08/31/58). He told us that he had contacted the FBI about the matter and it stopped shortly after.
3. Detective Forni and I went to Tony's Florist at 696 Western ave. in Lynn. We spoke with the owners who
told us that Stephanie Russo (11/05/71) was the clerk that took the order. They provided us with Stephanie's
telephone number in the event we wanted to speak with her ). They also described the woman
that ordered the flowers as having long straight blond hair, thin, approximately 33 years old and well dressed.
They said that she was very polite and easy to deal with. They could offer us no more details and refered us to
speak with Stephanie. We checked area businesses for exterior cameras and found none that would have
captured any useful footage.
4. Upon our return to the station I contacted Stephanie Russo by telephone. Stephanie told me that she had
taken the order from the woman and was shocked that there had been a problem. She described the woman as
being in her mid to late twenties, neatly dressed and pleasant to deal with. She told me that the woman picked
out the flower anangement and vase and asked for a quote. When she got the price she left in the direction of
the Santander bank located at 35 Market Sq. and returned a short time later with cash. Russo did not observe
her entering a vehicle when she left. Det. Forni also checked the phone number used to order the pizzas.
' returned to The Flatley Company with a line status as "active land line".
08/06/2014 1300
voice told that the cross was for him and that he was going to get burned on the cross. . also
provided me with a printed copy of a review of his dealership posted on cars.com. Cars.com is a web site
visited by millions of car shoppers each month. It contains pricing information, dealer reviews, editorial
content and other research tools for shoppers. One of the features of this site allows shoppers to post comments
about the car dealer. A posting was made on 07/31/14 that painted the dealership in a very poor light.
believes that this was an attempt to hurt his business. He told me that the person posting the review had to be
lying because he never had an Audi Q7 for sale at his dealership as the post suggests. had contacted
Cars.com and spoke with "Matt" at and asked that the post be removed. Matt infmmed him that
the IP address of the person that posted the review would be available to the police if needed. A copy of that
posting is in the case file as well as attached to the report as a PDF file.
6. After speaking with about the new incidents I asked ifhe had any idea who the slim blond female
that purchased the flowers might be. immediately told me that he did have an idea who it might be.
He told me that a former employee of his was likely to be a suspect. He told me that
worked for him years ago and was now dating Gary DeCicco. led me to believe that
liked to attach herself to wealthy men who would "take care of her". He also indicated that this
was likely not an exclusive relationship as DeCicco had different girlfriends. also told me that a girl
named also lived with Gary. is believed to be . shows an
address out of ., Nahant, the same address as DeCicco.
7. When I asked . why DeCicco would be interested in harassing him he told me that he was involved
with the sale of the property that the dealership was built on. told me that DeCicco owned the land,
but the sale was made through i also told me that DeCicco wanted to be a partner in the business,
but at the time he had no need for one. also mentioned that he had seen DeCicco driving by the
building recently.
08/07/2014 1131
8. A photo array has been prepared to show to Stephanie Russo. The array contains a photo of
A vedisian and a photo of . This airnys will be shown to Russo as soon as an
appointment with her can be an·anged.
08/21/2014
9. Detective Gaeta and I went to Tony's Florist today to show Stephanie Russo a photo array. Det. Gaeta was
unawai·e who the suspect(s) were in the photo anay. I waited outside in the cai· while Det. Gaeta went into the
business. When he returned, he told me that Stephanie had picked picture number four and told him that she
was sixty percent sure that the person who had purchased the flowers was in that photograph. She initialed and
dated the back of the picture. Photograph number four is a a drivers license image of
08/27/2014
10. I contacted Cassie Kelleher from Santander Security today to request video footage from 08/04 to determine
if withdrew the money for the purchase at the flower shop. A message was left on her voice mail
to contact me. Kelleher's contact number is
09/02/2014
11. I spoke with Cassie Kelleher today. She inf01med me that those records could only be released after the
subpoena process was completed. At this time the case will be forwarded to the FBI by Det. Donovan for further
investigation.
Detective Morello
09/24/2014
12. I spoke with again today regarding continued harassment that he is receiving. inf01ms
me that there have been multiple incidents where a person claiming to be himself orders services. These
services have ranged from food deliveries to a contractor showing up at the to measure
the prope1iy for a fence, to mulch being delivered at his house. . informed me that he now believes the
person responsible for these incidents is a former employee named Saad MOUSTAFA
13. told me that he arrived at the conclusion that MOUSTAFA was responsible for some of the events
based on a voice identification that he did over the telephone in his office. explained that he was
contacted by the Saugus Chamber of Commerce representative TelTi Peznola about a recent application made in
his name. i explained that he had made no such application to the chamber. Peznola went to meet
at his office. Also present was secretary Connie Michaud. called a telephone
number that he knew MOUSTAFA would answer and placed the call on speaker. Immediately upon
MOUSTAFA answering Peznola identified the voice on the telephone as the person that she had been dealing
with that was trying to open a membership with the Saugus Chamber of Commerce. Michaud also immediately
recognized the voice as a person that had called and had attempted to obtain credit card number over
the telephone for payment of a pizza delivery. Michaud suspected that the caller was misrepresenting himself
and did not give him any information.
14. believes that MOUSTAFA is responsible because of past issues between the two of them.
Moustafa was only employed by : for 5-6 weeks. became distrustful of MO USTAFA after he
learned that MOUSTAFA did not believe in paying taxes and held anti american views. also told me
that MO USTAF A claimed to have been a room mate with either the cousin or nephew of Ayman Al Zawahiri
who is the leader of Al Qaeda. In the past MO USTAF A has accused of assaulting him. The incident
went to court, but was dismissed because eye witness testimony contradicted MOUSTAFA's claims.
MOUSTAFA told that he was going to make life difficult for him. did not have the time to
pursue harassment charges or a 258E order at the time because his new dealership on Route One was being built
and he had no time to spend on the matter. The hanassment began when his dealership opened for business.
15. Due to the fact that there is another agency cunently investigating this and related matters I will be waiting
to speak with SA Jesse Chizmadia so that my investigation does not interfere with or reveal the presence of his
investigation. This report will be updated as neccessary.
10/02/2014
16. I spoke with Theresa Peznola today. Peznola told me that she received a call from a man claiming to be
. This call was made from a blocked number. This person wanted to set up a meeting to join the
Saugus Chamber of Commerce. Peznola went to meet at his business. When she met him he denied
ever having called her. While the two were in his office made a telephone call and asked Peznola to
listen to the voice and tell him if she recognized the voice as the person that ananged the meeting. Peznola
confirmed that that it did sound like the person that she spoke with. Peznola told me that she was 70-80 percent
sure that the voice she heard at office was the same person had tried to open an account with her.
10-16-2014
17. At this time SA Chizmadia from the FBI Boston Field Office is handling this case. All info1mation from
SPD records have been turned over to SA Chizmadia.
On 8/21/14 Detective Morello and I went to Tony's Florist to show Stephanie Russo a photo anay. I was
unaware of who the suspect was in the photo anay. Detective Morello waited in the cruiser while I went inside
to show Ms. Russo the anay. Before showing Ms. Russo the photo airny I informed her that I would be showing
her a series of photographs. I fmther informed Ms. Russo that the suspect may or may not be in the photographs
that she is about to view. I showed Ms. Russo the photographs one by one. Ms. Russo identified photograph
number four as the person that she believed purchased flowers from her. I asked Ms. Russo how sure she was
and she stated sixty percent. I asked Ms. Russo to initial and date the back of the picture.
I returned the photo an-ay to Detective Morello and inf01med him that Ms. Russo identified photograph number
four and she was sixty percent certain that she was the person that purchased the flowers.
USAO_DECICC0_00000010
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35-14 Filed 05/25/18
04/24/17 Page 10 of 14
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USAO_DECICC0_00000012
Case 1:17-cr-10092-NMG Document 304-1
35-14 Filed 05/25/18
04/24/17 Page 12 of 14
Connie Michaud
From: feedback@cars.com
Sent: Thursdav. Julv 31. 2014 4:52 PM
To:
Subject: has received a review on Cars.com(1 stars)
do not expect to negotiate the inflated price By Vincent from Boston, MA I July 29, 2014
went to buy an Audi Q7. the prices were way too high. when I showed them comparable cars in
the market for $3,000 less I was sworn at and told to never come back. be prepared to pay
extra because they have a fireplace in their showroom.
Overall: 1
Customer Service: 1 out of 5
Buying Process: 1 out of 5
Quality of Repair: 1 out of 5
Overall Facilities: 2 out of 5
If you are unable to click the above link, you can simply paste the URL into your browsers
address bar.
To change the email address for these notifications please contact support@cars.com. ~s:I'f
AAfreSJ"
VOLUNTARY STATEMENT
(UNDER ARREST)
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following facts. I volunteer the following information ofmy own free will, for whatever
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my signature, and corrections, if any, bear my initials. I ce1·tify that the facts contained
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FISH.
FISH & RICHARDSON
Fish & Richardson P.C.
One Marina Park Drive
Boston, MA 02210-1878
617 542 5070 main
61 7 542 8906 fax
March 6, 2018
Kristina E. Barclay
Assistant U.S. Attorney
U.S. Attorney's Office
John Joseph Moakley United States Courthouse
1 Courthouse Way, Suite 9200
Boston, MA 02210
Dear Kristina:
Pursuant to Fed. R. Crim. P. 16, Fed. R. Crim. P. 26.2, Local Rules of Criminal Procedure 116.1,
116.2, and 116.3, and principles enunciated by the Supreme Court in Brady v. Maryland, 373
U.S. 83 (1963), United States v. Agurs, 427 U.S. 97 (1976), and Giglio v. United States, 405 U.S.
150 ( 1972), this is a formal request for discovery on behalf of defendant Gary DeCicco in this
case. This request supplements prior discovery requests submitted by Mr. DeCicco on or about
June 12, 2017 and January 8, 2018.
Pursuant to Fed. R. Crim. P. 16(a)(l)(D)(i), the defense requests production of books, papers,
documents, data, photographs, tangible objects, buildings or places in the government's
possession, custody, or control that constitute items "material to preparing the defense" as
follows:
REQUEST 1
All documents and objects regarding Sahar LLC's purchase of property located at 173 Main
Street, Saugus, MA from Olde Saugus Land Company, as described in Paragraph 5 of the
Affidavit of FBI Special Agent Matthew Elio ("Elio Affidavit") dated March 16, 2017 and
Paragraph 5 of the IRS Memorandum oflnterview of CW-1 dated January 17, 2017 (the "IRS
Memorandum"), including, without limitation, CW-1 's obtaining of all necessary permits
required for construction of an automobile dealership on 173 Main Street, as described in
Paragraph 6 of the Elio Affidavit and Paragraphs 7, 8, and 10 of the IRS Memorandum.
REQUEST2
All documents and objects pertaining to architectural plans for Auto Excellence Group including,
without limitation:
fr.com
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FISH & RICHARDSON
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March 6, 2018
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(1) all communications (Yvritten and electronic) between CW-1 (and his counsel) <1nd
DiLullo Associates; and
(2) all notes, records, and writings reflecting any and all disputes between CW-1 and
DiLullo Associates.
REQUEST3
All documents and objects pertaining to estimates that CW-1 obtained from contractors and
suppliers for the construction of Auto Excellence Group.
REQUEST4
All documents and objects pertaining to disputes between CW-1 and/or any entity controlled by
CW-1 and contractors and suppliers arising out of the construction of Auto Excellence Group
including, without limitation:
(1) all communications (written and electronic) between CW-1 (and his counsel) and
any contractor who bid, contracted, or performed work at Auto Excellence Group;
(2) alleged threats by Peter Varone to "shut down" the construction project, as
described in Paragraph 13 of the IRS Memorandum;
(3) the alleged meeting at the office of Attorney Welsh at which Peter Varone, CW-1
and Attorney Welsh attended, as described in Paragraph 15 of the IRS
Memorandum;
(4) all lawsuits or threats to file lawsuits, and written demands by contractors against
CW-1 or any entity controlled by CW-1 for alleged nonpayment, including
mechanics liens or notices of contracts filed against 173 Main Street, Saugus;
(5) all judgments in favor of contractors and against CW-1 and/or any entity
controlled by CW-1;
(6) all threats made by CW-1 to any contractor, including, without limitation, threats
to report any contractor to law enforcement authorities;
(8) disputes between Mr. DeCicco and CW-1 regarding Olde Saugus Land
Company's performance under the purchase and agreement for the property at
173 Main Street, including CW-1 's claim that Olde Saugus Land Company
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(9) documents and objects regarding CW-1 's alleged call or calls with Rick Scourtas
concerning statements that Mr. DeCicco made as described in Paragraph 21 of the
IRS Memorandum, including interview reports of Mr. Scourtas and telephone
records of the alleged calls or calls.
REQUEST 5
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding CW-1 claim that Mr. DeCicco requested to be CW-1 's partner in connection with Auto
Excellence Group, as described in Paragraph 7 of the Elio Affidavit, including, without
limitation:
(1) All e-mails, text messages, or other documents between CW-1 and Mr. DeCicco
discussing Mr. DeCicco's alleged partnership request;
(2) All e-mails, text messages, or other documents between CW-1 and any person
other than Mr. DeCicco in which CW-1 discussed Mr. DeCicco' s alleged
partnership request; and
(3) All documents and objects memorializing Mr. DeCicco's alleged partnership
request to CW-1.
R EQUEST 6
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding CW-1 claim that he informed the general contractor to tell Mr. DeCicco that CW-1 did
not want Mr. DeCicco near Auto Excellence Group, as described in Paragraph 9 of the Elio
Affidavit, including, without limitation:
( 1) All e-mails, text messages, or other documents between CW-1 and the general
contractor; and
(2) All e-mails, text messages, or other documents between CW-1 and Mr. DeCicco.
REQUEST7
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding any alleged demand for money or property that Mr. DeCicco made to CW-1 during the
timeframe alleged in Count 1 (2013 to 2015).
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REOUEST8
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding any alleged demand for money or property that Mr. DeCicco made through any third-
party to CW-1 during the timeframe alleged in Count 1 (2013 to 2015).
REQUEST9
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding all communications between Mr. DeCicco and CW-1from2013-2015, the timeframe
of Count 1, including, without limitation, e-mails, text messages, telephone records, instant
messages, Skype, SMS, social media messaging (e.g., Facebook, Linkedln, etc.), and videos.
REQUEST 10
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding Mr. DeCicco's purchase of vehicles from CW-1from2013-2015.
REQUEST 11
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding the following four alleged events involving CW-1 at Auto Excellence Group from
August 4-6, 2014, as described in the Saugus Police Department Narrative for Detective Frank J.
Morello ("Det. Morello's Narrative"):
A. Delivery of flowers, a cross, and a handwritten note to Auto Excellence Group on August
4, 2014;
(1) All documents and objects in the possession, custody, or control of the Saugus
Police Department, the FBI, and the Massachusetts State Police;
(2) All documents and objects regarding statements made by CW-1 and any other
witnesses regarding the alleged incidents;
(3) All documents and objects regarding the delivery of flowers, a cross, and a
handwritten note to Auto Excellence Group on August 4, 2014, including
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telephone records showing that CW-1 culled the florist after receiving the flowers,
as described in Paragraph 4 of the IRS Memorandum;
(4) All documents and objects regarding an alleged anonymous call made to Auto
Excellence Group on August 4, 2014 after the delivery of the flowers, including
(a) law enforcement's efforts to identify the alleged anonymous caller and the
telephone number from which the alleged call was made, and (b) telephone
records showing the call was received by CW-1 or Auto Excellence Group;
(5) All documents and objects regarding the delivery of pizza to Auto Excellence
Group on August 4, 2014, including telephone records showing the telephone
number of the caller who allegedly placed the order;
(6) All documents and objects regarding CW-1 's statement to the Saugus Police that
CW-1 had a prior similar harassment incident involving his neighbor, as described
in Paragraph 2 of Det. Morello's Narrative;
(7) All documents and objects regarding CW-1 's statement to the Saugus Police that
he had contacted the FBI about the prior harassment incident and it stopped
shortly thereafter, including FBI Form 302 Reports, agents' handwritten notes, or
any other evidence that CW-1 had made such a report to the FBI;
(8) All documents and objects regarding the FBI's efforts to investigate the alleged
harassment incident reported to the Bureau by CW-1 and the results of that
investigation;
(9) All documents and objects regarding how and when Gary DeCicco was identified
to the Saugus Police as the person involved in the alleged harassment incident as
described in Paragraph 2 of Det. Morello's Narrative (i.e., "That neighbor is now
identified as Gary DeCicco (08/31/58)");
(10) All drafts and metadata ofDet. Morello's Narrative showing when Detective
Morello added the above sentence to Paragraph 2, which appears under the date of
August 4, 2014, but indicates that it was inserted at a later date;
(11) All documents and objects regarding an alleged call received by CW-1 's assistant
regarding payment for pizza, including telephone records showing the telephone
number of the caller who allegedly placed the call requesting payment;
(12) All documents and objects regarding an alleged threatening call received by CW-
1 on his cell phone at approximately 1 p.m. on August 6, 2014, including (a) law
enforcement's efforts to identify the alleged anonymous caller and the telephone
number from which the alleged call was made, and (b) telephone records from
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CW-1 cell phone showing thut CW-1 actually received a call on the date and time
described in Det. Morello's Narrative;
(13) All documents and objects regarding law enforcement's efforts to investigate and
identify the person who posted information about Auto Excellence Group on
Cars.com as described in Paragraph 5 of Det. Morello's Narrative;
(14) All documents and objects regarding the identification of Kimberly DeBenedictis
as the person who purchased the flowers that were delivered to Auto Excellence
Group;
(15) All documents and objects regarding the Saugus Police Department forwarding of
its file to the FBI for further investigation on September 2, 2014, including all
documents provided to the FBI;
(16) All documents and objects regarding the alleged continued harassment that CW-1
reported to the Saugus Police as described in Paragraphs 12 and 13 of Det.
Morello's Narrative, including, without limitation, documents pertaining to CW-
1's disputes with Saad Moustafa and related court proceedings; and
(17) All documents and objects regarding the Saugus Police Department's cooperation
in the investigation with the FBI as described in Paragraphs 15 and 17 of Det.
Morello's Narrative.
REQUEST 13
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding CW-1 's alleged report to the FBI on December 28, 2014 that "he was receiving threats
from DECICCO and his associates related to CW-1 's refusing 'to give part' of his business to
DECICCO," as described in footnote 2 to the Elio Affidavit.
REQUEST 14
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding an alleged incident that occurred at Auto Excellent Group on or about January 11,
2015, during which CW-1 was struck by a person unknown to CW-1, including, without
limitation:
(1) all audio recordings (and transcripts of any such recordings) made during the
incident;
(2) alleged instructions given by CW-3 to CW-2 regarding the incident, including the
instruction that CW-2 tell CW-1 that "this would teach CW-1 'how to talk to a
lady,"' as described in Paragraph 19 of the Elio Affidavit;
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(3) telephone records for the period of 2013 to 2015 of all individuals allegedly
involved with the incident (CW-2, CW-3, CW-4, Mr. DeCicco), including CW-
1's cellular phone records;
(4) CW-1 's report to the FBI on February 11, 2015 that he had been assaulted at his
place of business, as described in Paragraph 15 of the Elio Affidavit;
(5) the alleged meeting between CW-1 and an alleged associate of Mr. DeCicco on
January 12, 2015, as described in Paragraph 24 of the Elio Affidavit;
(7) the statement in the FBI' s Form 1057 Report dated February 17, 2015: "It is
believed that the assault was arranged by the same subject of the above captioned
investigation in response to an alleged debt owed by the cooperating witness to
the subject."
REQUEST 15
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding telephone calls made by CW-2 related to the investigation in this case, as described in
Paragraph 17 of Elio' s Affidavit.
R EQUEST 16
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding the recorded conversation between CW-3 and CW-4 (referenced as Co-Conspirator 1),
as described in Paragraph 25 of the Elio Affidavit.
R EQUEST 17
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding all alleged payments by Mr. DeCicco to CW-4, including those described in Paragraph
26 of the Elio Affidavit.
REQUEST 18
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding all communications (e-mails, text messages, telephone records, instant messages,
Skype, SMS, social media messaging (e.g., Facebook, Linkedln, etc.), and videos) between CW-
1 and/or Auto Excellence Group and any other person regarding Mr. DeCicco from 2013 to the
present, including, without limitation, the following people:
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• The FBI
• The IRS
• Charles Lightbody
• Rick Scourtas
• George Mastoras
• Connie Michaud
• Peter Varone, Sr .
• Peter Varone, Jr .
• Kim DeBenedictis
• Gary DeCicco
• Atlantis Marina
REQUEST 19
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding all communications (e-mails, text messages, telephone records, instant messages,
Skype, SMS, social media messaging (e.g., Facebook, Linkedin, etc.), and videos) for the
following people from 2013-2015, including, without limitation, the following:
• CW-1
• Connie Michaud
• Rick Scourtas
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• George Mastoras
• Kim DeBenedictis
• Gary DeCicco
• Atlantis Marina
• Charles Lightbody
REOUEST20
The defense requests all books, papers, documents, data, photographs, and tangible objects on
CW-1 's cell phone(s) of Gary DeCicco, Pamela Avedesian, Linda DeCicco, and Victoria
Laurano from 2010 to present, including, without limitation, a video of Mr. DeCicco's arrest
taken by CW-1 on or around March 17, 2017.
REQUEST21
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding financial records and business records of Auto Excellence Group sufficient to show its
financial condition for the years 2014-2017, including the dealership's record book, which are
required to be maintained pursuant to Massachusetts law, and federal and state income tax
returns.
REQUEST22
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding financial records and business records of prior automobile dealership businesses
owned and/or operated by CW-1 (including Allston Motor Sports) before he formed Auto
Excellence Group sufficient to show the financial condition of those businesses for the years
2008-2014, including the dealerships' record books, which are required to be maintained
pursuant to Massachusetts law, and their federal and state income tax returns.
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REQUEST23
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding CW-1 's employment of Kimberly DeBenedictis, as described in Paragraph 6 of Det.
Morello's Narrative, including all payments made to Ms. DeBenedictis.
The indictment charges Mr. DeCicco with attempting to extort CW-1 from 2013 to 2015. The
government commenced its investigation in this case in 2014. Since that time and possibly
earlier, the government has known that communications between CW-1 and Mr. DeCicco are
highly relevant to the alleged crime. The government now claims that telephone records of CW-
1 no longer exist because it inexplicably waited until April 4, 2017 to issue a subpoena for those
records, almost three years after it initiated the investigation and well after the filing of
complaint. The missing telephone records are material to the preparation of the defense. The
defense requests all papers, documents, data, and tangible objects concerning the government's
attempts to obtain CW-1 's telephone records for the period 2013 to 2015, including its requests
directly to CW-1 himself to provide the records .
REQUEST24
The defense requests all books, papers, documents, data, photographs, and tangible objects
regarding recorded statements of Mr. DeCicco. During the timeframe identified in the
indictment (2013 to 2015), federal agents and the Massachusetts State Police intercepted and
recorded electronic communications of Mr. DeCicco, including during in the summer of 2013 .
They are discoverable under Fed. R. Crim. P. 16(a)(l)(E)(i), as well as Fed. R. Crim. P.
16(a)(l)(B)(i) and Local Rule 116.l(c)(l)(A).
REQUEST25
The defense requests all books, papers, documents, data, photographs, and tangible objects
showing that the alleged actions of Mr. DeCicco in the criminal complaint and/or the indictment
affected interstate commerce.
R£OUEST26
Pursuant to Fed. R. Crim. P. 16(a)(l)(D)(ii), the defense requests production of books, papers,
documents, data, photographs, tangible objects, buildings or places in the government's
possession, custody, or control that the government intends to use in its case-in-chief, including,
without limitation, documents and objects regarding the topics identified in Requests Numbers 1
to 25.
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CONSENSUAL INTERCEPTIONS
REQUEST27
Pursuant to Fed. R. Crim. P. 16(a)(l)(E) and Local Rule 116.l(c)(l)(D)(i), the defense requests
all interceptions of wire, oral, or electronic communications, relating to the charges in the
indictment, made with the consent of one of the parties to the communication in which Mr.
DeCicco was intercepted or which the government intends to use in its case-in-chief, including,
without limitation:
(1) All consensual interceptions made by CW-1 of Mr. DeCicco from 2013 to 2015;
and
EXPERT WITNESSES
REQVEST28
Pursuant to Fed. R. Crim. P. 16(a)(l)(G), the defense requests a written summary of any
testimony that the Government intends to use under Fed. R. Evid. 702, 703, or 705 in its case-in-
chief.
REQUEST29
Local Rule l 16.2(b)(l)(A) requires the government to disclose information that would tend
directly to negate Mr. DeCicco's guilt concerning any count in the indictment, as well as any
essential element in any count. See Local Rule 116.2(a)(l). In addition to the general
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requirement of Local Rule 116.2(b)(l)(A), the defense requests disclosure of the following
information:
REQUEST30
Information regarding CW-1 's inconsistent statements to the FBI as to why CW-1 believed he
was assaulted on January 11, 2015, including without limitation any investigation thereof.
REQUEST 31
In the government's automatic discovery letter dated May 26, 2017, the government states that
Mr. DeCicco told CW-4 that a neighbor was harassing his wife or daughter, and asked if he
knew anybody who could beat him up. The defense requests all information regarding
statements made by Mr. DeCicco to others that CW-1 should be beaten and/or was beaten
because CW-1 had made offensive statements about Mr. DeCicco, Kimberly DeBenedictis,
and/or any of Mr. DeCicco's family members.
REQUEST32
Any information that government agents and attorneys have communicated to witnesses and/or
their counsel skepticism or disbelief at certain assertions made by witnesses or otherwise
questioned witnesses' truthfulness while being interviewed, proffering, or testifying before the
grand jury. Such information includes, without limitation, cursing at witnesses, threatening to
prosecute witnesses if they do not change their account of events, and warning witnesses to be
careful what they say to defense attorneys or investigators or they will be prosecuted.
The favorable information being provided by such witnesses to the government is exculpatory,
and the government's reaction demonstrates its awareness of the exculpatory nature of the
statements. In addition, disclosure of these statements will permit the defendant to investigate as
may be warranted to determine whether there were any promises, rewards, inducements, or
threats offered to change testimony, or whether there was any government conduct understood
by a witness to be meant to change a witness's testimony. Napue v. Illinois, 360 U.S. 264
(1959); United States v. Vavages, 151F.3d1185, 1190 (9 1h Cir. 1998) (violation of due process
where prosecutor contacted witness's counsel, expressed his belief that the witness's anticipated
testimony was false, and informed him of consequences of perjurious testimony, as it was "no
more than a thinly veiled attempt to coerce a witness off the stand"); United States v. Sutton, 542
F.2d 1239, 1243 (4th Cir. 1976) (reversing conviction where government failed to disclose
agent's "effort to induce (or coerce)" witness's testimony and case was otherwise wholly
circumstantial).
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REOUEST33
The defense requests a description of every time any government agent or attorney ( 1) instructed,
advised, or otherwise communicated to a person (or that person's counsel or employer) that the
person should not talk to Mr. DeCicco, his counsel, or his investigators, or that they should cease
such communication; (2) discouraged any person (or that person's counsel or employer) from
speaking with Mr. DeCicco, his counsel, or his investigators; (3) criticized, condemned or
otherwise negatively reacted to a person (or that person's counsel or employer) having spoken
with or contemplated speaking with Mr. DeCicco, his attorney, or his investigators; or (4)
discouraged a witness or potential witness (or that person's counsel or employer) from providing
exculpatory statements, documents, or other evidence. Sutton, 542 F.2d at 1243; United States v.
Linder, No. 12 CR 22, 2013 WL 812382 at *44 (N.D. Ill. Mar. 5, 2013), appeal dismissed (July
2, 2013) (prosecution may not interfere with witness's free choice to speak with defense
attorney; such interference can amount to denial of due process in violation of Fifth Amendment
or defendant's Sixth Amendment right to compulsory process of witnesses in his favor.") (citing
cases).
Local Rule 116.2(b)(1 )(C) requires the government to disclose any promise, reward, or
inducement given to any witness whom the government anticipates calling in its case-in-chief.
In addition to the general requirements of Local Rule 116.2(b)(1 )(C), the defense requests
disclosure of the following information:
REQUEST34
All information showing that the government has agreed that it would not prosecute CW-1 for
any possible federal crimes committed by CW-1.
REQUEST 35
All information showing that the government has agreed that it would not refer CW-1 to state
prosecutors for prosecution for any possible state crimes committed by CW-1.
Local Rule 116.2(b)(2)(A) requires the government to disclose information that tends to cast
doubt on the credibility or accuracy of any witness or evidence that the government anticipates
calling or offering in its case-in-chief. In addition to the general requirements of Local Rule
116.2(b)(2)(A), the defense requests disclosure of the following information:
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R F.QUEST 36
The defense requests all information regarding payments made by CW-1 to witnesses and
potential witnesses from March 17, 2017 to the present, including, without limitation, payments
by CW-1 to Silvia Corina Milian.
REQUEST37
The defense requests all Giglio information pertaining to law enforcement agents involved in the
investigation including, without limitation, the following:
REQUEST38
(1) All FBI policies, procedures, regulations or rules regarding the handling of
confidential human sources in effect from 2006 to the present (during which CW-
1 was an FBI confidential source), including all applicable versions of the FBI
Confidential Human Source Policy Manual;
(4) Promises, rewards, inducements, or anything of value made by the FBI or any
other government agency to CW-1, including any agreement to share proceeds of
forfeiture 28 U.S.C. §§ 524(c)(l)(B) and (c)(l)(C);
(5) All documents and information regarding the deactivation of CW-1 as an FBI
source in or around 2011, as noted in Paragraph 5 of the Elio Affidavit;
(7) All documents and information regarding any unauthorized illegal activity or
incidents of misconduct by CW-1 while serving as an FBI confidential source;
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(8) All documents and information regarding the FBI's reopening or reactivation of
CW-1 as a source in July 2015;
(9) All documents and information regarding CW-1 ' s threatening call to Larry
Cunningham on January 15, 2010 (the "January 15, 2010 Incident");
(10) All of CW-1 's statements and/or disclosures to the government regarding the
January 15, 2010 Incident;
(11) All documents and information supporting the government's representation to the
Court in connection with a hearing regarding Mr. DeCicco's pre-trial detention
that Mr. Cunningham had called CW-1 a "sand n*gger" shortly before CW-1 left
the threatening voicemail;
( 12) All documents and information regarding any court orders filed against CW-1,
including, without limitation, any domestic violence restraining orders pursuant to
G.L. c. 209A, including a restraining order obtained by Silvia Corina Milian
against CW-1;
(13) Any statements, reports, or complaints made by CW-1 to the FBI regarding Mr.
DeCicco at any time;
(14) All oral and written communications supporting the government's representation
to the Court in connection with a hearing regarding Mr. DeCicco's pre-trial
detention that "[t]he FBI subsequently reached out to CW-1 about the [August 4,
2014 Incident], not the other way around." ECF No. 87 at 16;
(15) Any and all drafts and versions, including any and all metadata, FBI Form 302,
Page 1 of 2 of which bears the date March 15, 2017, noting it was drafted in 2015
(USAO_ DECICC0_00001262) (partial);
(16) Any and all drafts and versions, including any and all metadata, IRS
Memorandum of Interview of CW-1 bearing the date January 17, 201 7
(USAO_DECICC0_00001263-1269);
(17) All documents pertaining to Auto Excellence Group's floor plan used in 2014,
including the application for the floor plan; and
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Local Rule l l 6.2(b)(2)(D) requires the government to disclose information reflecting bias or
prejudice against Mr. DeCicco by any witness whom the government anticipates calling in its
case-in-chief. In addition to the general requirements of Local Rule l 16.2(b)(2)(D), the defense
requests disclosure of the following information:
R EQUEST 39
The government has identified CW-1 as a confidential source for federal law enforcement for
many years. The defense requests all recorded statements of Mr. DeCicco and attempts to record
Mr. DeCicco made by CW-1 at any time for law enforcement. This request specifically includes
recordings both related to this indictment and unrelated to this indictment.
REOUEST 40
The government has identified CW-1 as a confidential source for federal law enforcement for
many years. The defense requests all information that CW-1 has provided to any law
enforcement authority regarding Mr. DeCicco at any time. This request specifically includes
information both related to this indictment and unrelated to this indictment. Such information is
relevant and exculpatory as it shows CW-1 ' s bias against Mr. DeCicco.
The government produced an FBI Form 302 Report dated March 15, 2017, which is missing the
second page. Please produce the missing page.
Pursuant to Local Rule 116.9, the defense requests the government preserve all contemporaneous
notes, memoranda, statements, reports, surveillance logs, recordings, and other documents
memorializing matters relevant to the charge in the indictment.
4..UnnA.L-4, ~'7J~
Thomas C. Frongillo
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
08/02/14, 10:12 AM (786) 326-2803 to Miami/FL
08/02/14, 11 :36 AM 123 Vm Retrieval (G)
08/02/14, 2:40 PM (786) 326-2803 to Miami/FL
08/02/14, 2:47 PM (786) 326-2803 Incoming 2
08/02/14, 2:56 PM (440) 716-2700 to Trinity/OH (A) 9
08/02/14, 3:06 PM (786) 326-2803 to Miami/FL 4
08/02/14, 5:51 PM (781) 558-8518 Incoming 3
08/02/14, 6:04 PM (781) 284-1556 Incoming
08/02/14, 7:28 PM (617) 605-4500 Incoming 13
08/02/14, 8:10 PM (857) 247-4360 to Boston/MA (F) 1
08/02/14, 8: 11 PM (857) 247-4360 to Boston/MA (F) 1
08/02/14, 8: 11 PM (857) 247-4360 to Boston/MA (F)
08/02/14, 8:12 PM (857) 247-4360 to Boston/MA (F)
08/02/14, 8:13 PM (617) 970-3245 to Eastboston/MA (F)
08/02/14, 8:14 PM (781) 558-8518 to Saugus/MA (A)
08/02/14, 8:14 PM (617) 970-3245 Incoming (A) 3
08/02/14, 8:17 PM (781) 558-8518 to Saugus/MA 12
08/02/14, 9:13 PM (781) 771-4456 to Lynn/MA (F) 2
08/03/14, 11 :02 AM 123 Vm Retrieval (G) 2
08/03/14, 11 :42 AM 123 Vm Retrieval (G)
08/03/14, 12:23 PM (617) 982-8080 Incoming (F)
08/03/14, 1: 14 PM (786) 326-2803 Incoming 3
08/03/14, 1: 16 PM (786) 326-2803 Incoming 6
08/03/14, 6:21 PM (781) 760-2680 to Winchester/MA
08/03/14, 10:49 PM (786) 326-2803 Incoming 28
08/04/14, 4:07 AM (800) 932-3822 Incoming
08/04/14, 9:15 AM (617) 278-9300 to Brookline/MA
08/04/14, 9:46 AM (617) 970-3245 to Eastboston/MA (F)
08/04/14, 10:16 AM (786) 326-2803 to Miami/FL
08/04/14, 10:17 AM (786) 326-2803 Incoming 2
08/04/14, 10:21 AM (786) 326-2803 to Miami/FL 3
08/04/14, 10:25 AM (617) 731-1700 Incoming 4
08/04/14, 10:36 AM (786) 326-2803 Incoming 2
08/04/14, 10:49 AM (617) 926-1250 to Watertown/MA 5
08/04/14, 11 :23 AM (786) 326-2803 Incoming 5
08/04/14, 11 :28 AM (781) 953-7103 Incoming (F) 3
08/04/14, 11 :35 AM (781) 760-2323 to Winchester/MA
08/04/14, 11 :36 AM (781) 953-7103 to Revere/MA (F) 6
08/04/14, 11 :48 AM 8005241539 1-800# (A) 26
08/04/14, 12:14 PM (786) 326-2803 to Miami/FL 11
08/04/14, 12:41 PM (781) 929-2917 Incoming 6
08/04/14, 1 :06 PM (561) 767-0490 Incoming 3
08/04/14, 2:48 PM (617) 314-1448 Incoming 2
08/04/14, 2:57 PM (781) 231-4111 Incoming 4
08/04/14, 3:17 PM (786) 326-2803 to Miami/FL 3
08/04/14, 3:42 PM (617) 970-3245 Incoming (F) 3
08/04/14, 3:52 PM 123 Vm Retrieval (G) 2
08/04/14, 4:33 PM (617) 314-1448 to Boston/MA 4
08/04/14, 5:20 PM (617) 799-4825 to Boston/MA 2
08/04/14, 7: 11 PM (561) 767-0490 to Boytonbch/FL
08/04/14, 7:14 PM (561) 767-0490 Incoming 2
08/04/14, 7:50 PM (561) 767-0490 Incoming
08/04/14, 7:51 PM (561) 767-0490 to Boytonbch/FL
08/04/14, 7:55 PM (561) 767-0490 Incoming
08/04/14, 9:02 PM (617) 605-4500 Incoming
08/04/14, 9:03 PM (617) 699-7798 to Boston/MA
08/04/14, 9:40 PM (617) 605-4500 Incoming
08/04/14, 11 :06 PM (610) 509-9722 to Allentown/PA
08/05/14, 8:15 AM (781) 760-6535 Incoming 3
08/05/14, 8:20 AM (781) 760-6535 to Winchester/MA 5
08/05/14, 8:48 AM 123 Vm Retrieval (G)
08/05/14, 8:57 AM (781) 844-9253 Incoming 5
08/05/14, 9:14 AM (786) 326-2803 Incoming 2
08/05/14, 9:53 AM (617) 910-6056 to Hyde Park/MA
08/05/14, 10:01 AM (617) 278-9300 to Brookline/MA 6
08/05/14, 10:08 AM (617) 910-6056 Incoming 2
08/05/14, 10:20 AM (781) 389-9270 to Winchester/MA 3
PageA15 of A52
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Call Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail (H) Free Calls (I) Intl Disc Call
(J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (T) T-Mobile Number (V) myFaves Call (W) Wi-Fi Call (X) T-Mobile @Home Call
Call Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail (H) Free Calls (I) Intl Disc Call
(J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (T) T-Mobile Number (V) myFaves Call (W) Wi-Fi Call (X) T-Mobile @Home Call
lsuBTOTAL 4,700 $ $ $
Call Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail (H) Free Calls (I) Intl Disc Call
(J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (T) T-Mobile Number (V) myFaves Call (W) Wi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
08/05/14, 10:23 AM (617) 910-6056 Incoming 2
08/05/14, 10:58 AM (617) 223-6221 to Boston/MA
08/05/14, 11 :08 AM (978) 500-9000 to Ipswich/MA 2
08/05/14, 11:17 AM (978) 500-9000 to Ipswich/MA
08/05/14, 11:19AM (561) 767-0490 to Boytonbch/FL
08/05/14, 11 :42 AM (978) 500-9000 Incoming 9
08/05/14, 12:42 PM (781) 284-9600 to Revere/MA
08/05/14, 12:58 PM (786) 326-2803 to Miami/FL 7
08/05/14, 1 :24 PM (781) 599.5333 to Lynn/MA
08/05/14, 1 :47 PM (703) 996-1100 to Dulles/VA
08/05/14, 1 :48 PM (508) 280-1312 to Hyannis/MA 2
08/05/14, 1 :50 PM (908) 725-2200 to Somerville/NJ 6
08/05/14, 2:04 PM (603) 765-6905 to Nashua/NH
08/05/14, 2:06 PM (617) 605-4500 to Malden/MA 5
08/05/14, 2:12 PM (617) 605-4500 to Malden/MA 7
08/05/14, 2:40 PM (786) 326-2803 to Miami/FL
08/05/14, 2:41 PM (978) 790-557 4 Incoming 4
08/05/14, 2:44 PM (781) 599.5334 Incoming
08/05/14, 2:46 PM (617) 314-1448 to Boston/MA 4
08/05/14, 3:03 PM (786) 326-2803 to Miami/FL
08/05/14, 3:10 PM (703) 609-8122 Incoming 2
08/05/14, 3:34 PM (978) 500-9000 Incoming
08/05/14, 6:40 PM (561) 767-0490 to Boytonbch/FL
08/05/14, 6:56 PM (561) 767-0490 to Boytonbch/FL
08/05/14, 7:43 PM 123 Vm Retrieval (G)
08/05/14, 7:45 PM (781) 581-0929 to Lynn/MA
08/05/14, 7:53 PM (561) 767-0490 Incoming 2
08/06/14, 8:15 AM (617) 970-3245 to Eastboston/MA (F) 7
08/06/14, 8:59 AM (781) 760-2680 to Winchester/MA
08/06/14, 9:07 AM (508) 270-5491 to Framingham/MA 2
08/06/14, 9:13 AM (786) 326-2803 to Miami/FL
08/06/14, 9:44 AM (617) 699-7798 Incoming
08/06/14, 9:52 AM (617) 605-4500 Incoming
08/06/14, 9:54 AM (617) 635-4500 to Boston/MA 3
08/06/14, 11 :23 AM (781) 929-2917 to Norwood/MA
08/06/14, 11 :27 AM (786) 326-2803 to Miami/FL
08/06/14, 11 :51 AM (781) 929-2917 Incoming 6
08/06/14, 1 :56 PM 123 Vm Retrieval (G) 3
08/06/14, 2:24 PM (561) 767-0490 to Boytonbch/FL
08/06/14, 3:02 PM (508) 761-6778 to Southgate/MA 2
08/06/14, 3:27 PM (269) 266-3021 to Bridgman/Ml
08/06/14, 3:29 PM (781) 953-7103 to Revere/MA (F) 2
08/06/14, 3:37 PM (978) 314-7288 Incoming 2
08/06/14, 4:03 PM (781) 953-7103 to Revere/MA (F)
08/06/14, 4:07 PM (781) 953-7103 Incoming (F)
08/06/14, 4:09 PM (781) 953-7103 Incoming (F) 11
08/06/14, 4:38 PM (617) 970-3245 Incoming (F) 3
08/06/14, 5:20 PM (617) 782-8222 to Brighton/MA
08/06/14, 6:05 PM (781) 820-7148 to Saugus/MA 2
08/06/14, 7:31 PM (781) 953-7151 to Revere/MA 2
08/06/14, 7:48 PM (617) 970-3245 to Eastboston/MA (F)
08/06/14, 8:56 PM (781) 760-2319 to Winchester/MA
08/06/14, 8:57 PM (781) 760-2319 to Winchester/MA 18
08/07/14, 8:48 AM (617) 970-3245 to Eastboston/MA (F) 2
08/07/14, 8:51 AM (617) 799-4825 to Boston/MA
08/07/14, 8:52 AM (617) 799-4825 to Boston/MA 3
08/07/14, 8:59 AM (786) 326-2803 to Miami/FL 1
08/07/14, 11 :23 AM (617) 278-9300 to Brookline/MA 4
08/07/14, 11 :26 AM (617) 605-4500 to Malden/MA 2
08/07/14, 11 :39 AM (781) 581-0929 Incoming
08/07/14, 12:18 PM (781) 367-1456 Incoming 10
08/07/14, 12:45 PM (617) 970-3245 to Eastboston/MA (F)
08/07/14, 2:34 PM (786) 326-2803 Incoming 3
08/07/14, 4:18 PM (781) 760-2323 to Winchester/MA 2
08/07/14, 5:21 PM (617) 970-3245 Incoming (F)
08/07/14, 5:24 PM (617) 926-1250 to Watertown/MA 2
08/07/14, 6:27 PM (617) 970-3245 to Eastboston/MA (F) 2
PageA16 of A52
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Sent from my iPad
Begin forwarded message:
From: "Salah, Ibrahim (USAMA)" <Ibrahim.Salah@usdoj.gov>
Date: May 22, 2018 at 10:30:38 AM EDT
To: Caroline Simons <simons@fr.com>, "frongillo@fr.com" <frongillo@fr.com>, "jperry@fr.com"
<jperry@fr.com>, James Cipoletta <jim@cipoletta.com>
Cc: "Barclay, Kristina (USAMA)" <Kristina.Barclay@usdoj.gov>
Subject: Supplemental discovery
Good morning, attached please find the missing phone records associated to CW‐1 that T‐Mobile just
provided to me.
Thank you,
Ibrahim Salah
Legal Administrative Specialist
U.S. Attorney's Office, D-MA
1 Courthouse Way, Suite 9200 | Boston, MA 02210
Email: ibrahim.salah@usdoj.gov
Phone: 617-748-3171
Fax: 617-748-3954
1
Date UTC BB ID BB User Type of Message To (Raw) From (Raw) Body
2014‐08‐27 14:15:02, Wed 4729 Chizmadia, Jesse S. Incoming 7812444474 2 NEW VMAIL 0 URG 0 FAX *86
2014‐09‐30 18:19:16, Tue 4729 Chizmadia, Jesse S. Incoming 7812444474 I'm here please come.
2014‐09‐30 18:27:46, Tue 4729 Chizmadia, Jesse S. Outgoing 7812444474 On way
2014‐09‐30 18:28:11, Tue 4729 Chizmadia, Jesse S. Incoming 7812444474 Ok
2014‐10‐09 17:10:25, Thu 4729 Chizmadia, Jesse S. Outgoing 7812444474
2014‐10‐09 17:11:04, Thu 4729 Chizmadia, Jesse S. Incoming 7812444474 No
2014‐10‐09 17:11:50, Thu 4729 Chizmadia, Jesse S. Outgoing 7812444474 You can call if you want to see if he's running late.
2014‐10‐09 17:12:31, Thu 4729 Chizmadia, Jesse S. Incoming 7812444474 Ok
2014‐11‐04 21:14:06, Tue 4729 Chizmadia, Jesse S. Outgoing 7812444474 Are you busy?
2014‐11‐04 21:29:13, Tue 4729 Chizmadia, Jesse S. Incoming 7812444474 Yes I call u later
2014‐11‐24 19:41:16, Mon 4729 Chizmadia, Jesse S. Incoming 7812444474 2 NEW VMAIL 0 URG 0 FAX *86
2014‐12‐04 13:38:46, Thu 4729 Chizmadia, Jesse S. Incoming 7812444474 2 NEW VMAIL 0 URG 0 FAX *86
2014‐12‐10 00:21:41, Wed 4729 Chizmadia, Jesse S. Incoming 7812444474 He didn't answer and it went to voice mail. I did leave him a message.
2014‐12‐10 00:36:19, Wed 4729 Chizmadia, Jesse S. Outgoing 7812444474 Ok, let me know if he calls back, I will touch base in the morning.
2014‐12‐10 00:57:20, Wed 4729 Chizmadia, Jesse S. Incoming 7812444474 Ok tks,
Case 1:17-cr-10092-NMG Document 304-12 Filed 05/25/18 Page 1 of 1
Case 1:17-cr-10092-NMG Document 304-13 Filed 05/25/18 Page 1 of 1
Case 1:17-cr-10092-NMG Document 304-14 Filed 05/25/18 Page 1 of 58
APPEARANCES:
Court Reporter:
3 Government’s:
4 100 Plan 8 x 13 6 6
12 Release
13 112 Lien 24 24
14 Defendant’s:
16 104 Transcript 12 12
20
21
22
23
24
25
2 (10:04:54 P.M.)
8 record?
11 table today by Special Agent Matt Elio from the FBI and
15 present.
25 argument.
7 reopened.
14 March hearing.
17 for today.
23 want to --
4 items --
23 are the architects who worked on the design for the victim's
6 the set that's dated August 14, 2013, also from DiLullo
8 mezzanine floor there, you'll see there are two labels. One
9 says "Gary's Office," and one has CW's first name, and it
21 referencing?
6 second entry. The first entry says updated per owner review
8 something confirmed.
4 these.
8 called them back and said, "I forget. It was John Lloyd who
23 of interest in it.
25 I can't read it. What's the date of the plan, Exhibits 101?
6 by piece.
10 Mr. Sheketoff?
12 exhibits of the --
19 think the government had the drawings at that point and had
20 not --
20 and --
22 easier to read. It's the full police report and the actual
10 104 for the -- I'm sorry -- 103 for the police report, 104
18 exculpatory evidence.
24 It's not the scope of the evidence that the government has
25 in this case.
22 circumstances.
2 employee?
10 wrong.
17 for rebuttal.
24 project.
3 He said, "Yeah."
13 Honor.
20 any way, so. I'd like to see his grand jury testimony, if
13 it.
20 CW-1.
24 affidavit.
3 be --
3 down."
18 Porsche Boston, and Mr. T. told CW-1, "me and the private
20 you down."
2 referring to?
7 Mr. Cinotti?
19 read it.
23 Jane Doe 1 works for the car dealership where Mr. DeCicco's
4 Your Honor, --
10 O'Brien.
13 witness?
17 got it.
19 A-F-F-O-U-S-S-I.
5 Car Center USA. And if you read down, you also see Mr.
17 above.
15 anyway.
21 Shannon O'Brien.
2 of --
19 would just note for the Court that Mr. Cunningham and the
21 twenty plus years. He's the one who filed the complaint.
24 So when Mr. Affoussi got shut down, that was a problem for
25 Mr. Cunningham.
13 taxes.
19 statements made --
23 CW-1.
15 there --
18 believe that he promised CW-1 that he would help him get the
19 permits.
25 him that by hiring Peter Varone who was the brother of Fred
8 Peter Senior?
13 to any of that?
18 dealership and the CW did not want him there. I guess I'm
5 woman --
12 and she did file an affidavit that she signed at the time
17 the last text he said I'm going to get you. I know that
8 government.
14 listen.
15 Is it 84-9?
5 I just put a note down to ask you about it. I think that's
12 affidavit.
22 Exhibit 1.
8 P.D. turns the case over to the FBI, and then the FBI goes
9 to talk to CW-1.
16 --
20 associates.
24 to January 11?
4 cars that --
9 the assault.
12 exactly --
15 what the sales were, but there are expensive cars on display
3 position and the government would argue that this gets under
10 beaten up.
12 better estimate?
23 his employee.
25 and CW-3 and CW-2 that I believe that reflects a gap before
6 shortly before.
12 Court.
15 the --
23 to respond.
8 got -- however the others got involved. We'll just put that
12 case, and so I'll just ask you to think about this. I want
24 the community --
18 because --
9 December.
16 statement. It's not, you know, just made up. I'm not
25 for the complaint and for the detention hearing, he's not a
3 here.
7 if my client hired somebody to beat this man up, how can you
11 probably do the same thing from jail if that was his real
12 goal.
14 wrongdoing.
17 house. You can fashion conditions that make that much less
18 likely.
24 and he died of a heart attack in his early 40s, and they had
3 dissolved. I don't --
12 the worse witnesses for the defense are the witnesses that
13 tell the government the story they want to hear and then get
15 not only thinks that the first story's the true story, they
17 know, moved these people out of fear to try and help him.
5 wrongdoing.
17 the truth and that's all you've got when the FBI had an
23 I apologize.
15 case and these facts and not Mr. Sheketoff's opinion about
18 case.
4 this.
8 that, and the information from Mr. Lloyd that Gary DeCicco
11 ago that Mr. DeCicco walked him through the dealership when
17 things like that, and about CW-1 owing Varone money for
25 She's in the car with Mr. Baldi and Mr. DeCicco when they
2 and all she says about it, "I am the person who purchased
16 hundreds of customers.
22 denied it to anyone.
16 Varone didn't get paid, and that's why DeCicco sent the
17 flowers.
22 or what Mr. DeCicco told Mr. Baldi about the flowers is not
6 that came from yet, but Mr. Baldi clearly said that that was
7 not him.
17 million dollars and run; and that is, Mr. DeCicco didn't
20 about other things and other violent acts with Mr. Baldi but
21 not that. And he was not bringing him in to the fold and
23 away, and he'd take his million dollars, and he'd run.
5 IRS to know about his assets, because he did not want to pay
6 taxes.
21 --
24 that --
4 while he was on probation. And I'm not sure how we can get
13 whenever it will make him money and make his life easier,
19 all of his assets are. We're still doing that, Your Honor.
23 business's name.
19 one of them.
23 me to be farfetched.
25 I mean, --
5 dealership.
18 all over the place, and he wants to force his way in to this
21 these people don't get along with each other? What sense
14 know.
16 FBI. In October the Saugus police tell the FBI that there
24 put a wire on this guy and say after the car -- after the
25 case had been turned over to the FBI, Gary, let me tell you,
9 into the pool area of Mr. DeCicco, and they allow that to go
6 family members.
8 curfew. You can take away his cell phone. You can do a
10 going anywhere.
13 the money he has and the tax fraud count that was going to
16 Manafort has.
7 $3.2 million so that he can wash the cash he gets from the
14 amount of cash.
23 meetings --
2 gamed every restriction and law that has gotten in the way
4 judicially.
9 Mr. DeCicco.
10 And the fact that he, you know, will have access
11 to potential witnesses --
13 are, but that doesn't mean that Mr. DeCicco once he's out
14 can't round up his own slew of witnesses and tell them what
23 Perhaps he's already doing it. I know that he does use that
5 income through, you know, his girlfriends and those who are
5 own hands.
7 after he is viciously beaten and had his jaw wired shut for
16 grand jury, and I believe that was the day before he was
19 In fact, we did not -- the FBI did not approach CW-4 until
21 CW-1 who -- CW-2 who was in jail, CW-3, and they did not
23 his second residence and he worked for Mr. DeCicco, and that
24 was too close and too dangerous for them to talk to him
4 the weight of the evidence and all of the other factors, the
16
17
18
19
20
21
22
23
24
25
5 above-entitled matter.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
William D. Weinreb
Acting United States Attorney
District ofMassachusettsy
Main Reception: (6 17) 748-3100 John Joseph Moakley United States Cour1house
I Courthouse Way
Suite 9200
Boston. Massachusel/s 02210
By Hand
Dear Counsel:
Pursuant to Fed. R. Crim. P. 16 and Rules 116. l(C) and 116.2 of the Local Rules of the
United States District Court for the District of Massachusetts, the government provides the
following automatic discovery in the above-referenced case:
A. Rule 16 Materials
a. Written Statements
There are no relevant written statements of the defendant Gary P. DeCicco in the
possession, custody or control of the government, which are known to the attorney for the
government.
b. Recorded Statements
There are no relevant recorded statements of the defendant Gary P. DeCicco in the
possession, custody or control of the government, which are known to the attorney for the
government.
The defendant Gary P. DeCicco did not testify before a grand j ury in relation to this case.
Case 1:17-cr-10092-NMG Document 304-16 Filed 05/25/18 Page 2 of 6
Attached is the FBI report of the defendant's arrest, as well as notes taken by IRS special
Agent Sandra Lemanski during the arrest, which include notes of statements made by the
defendant [USAO_DECICC0_00000150-152].
The government is unaware of any other oral statements made by the defendant before or
after arrest, in response to interrogation by a person then known to the defendant to be a
govenunent agent, which the government intends to use at trial.
Enclosed are copies of the following books, papers, documents and tangible items which
are within the possession, custody or control of the government, and which are material to the
preparation of the defendant's defense or are intended for use by the government as evidence in
chief at the trial of this case, or were obtained from or belong to the defendant:
a. Saugus police reports for August 2014 [USAO_DECICCO_OOOOOJ 67-180] and January
11, 2015 [USAO_DECICC0_00000181-185];
o CW-4 [USAO_DECICC0_00000568-856];
2
Case 1:17-cr-10092-NMG Document 304-16 Filed 05/25/18 Page 3 of 6
o CW-2 [USAO_DECICC0_00000978-1084];
o Note that the USAO was unable to access the audio files sent by the PCHC
without converting them to MP3 files. We have enclosed the MP3 files created
by the USAO in the event you cannot access the calls in the original format
[USAO_DECICCO_00001228]
The originals may be inspected by contacting the undersigned Assistant U.S. Attorney
and making an appointment to view the same at a mutually convenient time.
There presently are no other reports of physical or mental examinations or scientific tests
or experiments made in connection with this case.
There were no interceptions (as the term "intercept" is defined in 18 U.S.C. § 2510(4)) of
wire, oral, or electronic communications relating to the charges contained in the indictment,
made with the consent of one of the parties to the communication in which the defendant was
intercepted or which the government intends to offer as evidence in its case-in-chief.
3
Case 1:17-cr-10092-NMG Document 304-16 Filed 05/25/18 Page 4 of 6
With respect to the government's obligation under Local Rule l l 6.2(B)( 1) to produce
"exculpatory evidence" as that term is defined in Local Rule l 16.2(A), the government states as
follows:
1. The government is aware of the following information that would tend directly to
negate the defendant's guilt concerning any count in the indictment:
• The defendant told CW-4 that a neighbor was harassing his wife or daughter, and
asked if he knew anybody that could beat him up.
Finally, the government provides the below information in an abundance of caution and
not because it believes it constitutes exculpatory evidence:
• Philip Baldi spent most weekday mornings with the defendant from mid-2013
until the defendant's arrest. Baldi was present when the defendant had
DeBenedictis send flowers to CW- I , and he admitted calling in a pizza order for
deli very to CW-1. During the time period when the defendant sent the flowers to
CW-1 , Baldi recalled that the defendant was getting regular phone calls from
Peter Varone. The defendant told Baldi that Varone was complaining to the
defendant that CW-1 owed Varone money and that CW-1 wasn't paying him.
Baldi didn't think the amount of money that Varone claimed CW-1 owed him was
a lot, Baldi believes it was about $10,000. After the flower incident, the
defendant told Baldi that CW-1 had been saying bad things about the defendant.
The defendant never mentioned anything to Baldi about CW- I harassing
4
Case 1:17-cr-10092-NMG Document 304-16 Filed 05/25/18 Page 5 of 6
2. The government is unaware of any information that would cast doubt on the
admissibility of evidence that the government anticipates offering in its case-in-chief and that
could be subject to a motion to suppress or exclude.
• CW-4 entered into an immunity agreement with the United States Attorney's
Office for the District of Massachusetts on or about April 3, 2017.
• Philip Baldi entered into an immunity agreement with the United States
Attorney's Office forthe District of Massachusetts on or about April 25, 2017.
4. The government is aware that the following named case-in-chief witnesses have
criminal records, copies of which are enclosed:
• CW-2[USAO_DECICCO_ l121-1139].
A witness whom the government intends to call as a witness at trial has a criminal record
which includes a 2003 an-est and citation for driving under the influence. Should the defendant
intend to use this information for cross-examination, please so advise the government and we
will seek disclosure pursuant to a protective order.
A witness whom the government intends to call as a witness at trial has a criminal record
which includes a 1993 restraining order and a 2010 dismissal for assault. Should the defendant
intend to use this information for cross-examination, please so advise the government and we
will seek disclosure pursuant to a protective order.
A witness whom the government intends to call as a witness at trial has a criminal record
which includes a 2003 dismissal for assault and battery and a 2006 dismissal for a compulsory
insurance violation. Should the defendant intend to use this information for cross-examination,
please so advise the government and we will seek disclosure pursuant to a protective order.
5
Case 1:17-cr-10092-NMG Document 304-16 Filed 05/25/18 Page 6 of 6
5. The government is unaware that any of its named case-in-chief witnesses has any
criminal cases pending.
H. Other Matters
The government is aware of its continuing duty to disclose newly discovered additional
evidence or material that is subject to discovery or inspection under Local Rules 116.1 and
116.2(B)(l) and Rule 16 of the Federal Rules of Criminal Procedure.
The government requests reciprocal discovery pursuant to Rule 16(b) of the Federal
Rules of Criminal Procedure and Local Rule 116.1 (D).
The government demands, pursuant to Rule 12.1 of the Federal Rules of Criminal
Procedure, written notice of the defendant's intention to offer a defense of alibi. The times,
dates, and places at which the alleged offense was committed are set forth in the affidavit filed in
support of the criminal complaint in this case, a copy of which you previously have received.
Please call the undersigned Assistant U.S. Attorney at 617-748-3371 if you have any questions.
WILLIAM D. WEINREB
Acting United States Attorney
Enclosures:
USAO_ DECICC0_00000150 through USAO_ DECICC0_00001228
6
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APPEARANCES:
Court Reporter:
3 Defendant’s:
4 PHILLIP BALDI 5 24 51
5 PAGE
7 RESPONSE 66
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2 (2:22:44 P.M.)
8 record?
17 government's view?
23 witness.
5 DIRECT EXAMINATION
6 BY MR. SHEKETOFF:
7 Q. Mr. Baldi, can you tell us how old you are and what
15 A. For all but one year I was there I was the chief
18 the government --
20 need to move the mic to make sure we're getting his voice.
21 BY MR. SHEKETOFF:
24 by your proffer?
25 A. Yes.
2 correct?
3 A. Yes.
9 government?
10 A. Yes.
12 A. Correct.
16 of some sort?
25 why don't you come down the office, and we'll get together.
2 suggestions that had been made to you earlier, did you get
4 A. Yes.
14 that one?
16 There was --
19 get to the bottom of, whether or not the fellow who said he
4 time.
6 loan?
7 A. Yes.
9 A. Yes. Yes.
17 associates. I --
24 Q. Did he --
3 A. Yes.
5 A. Kim DeBenedictis.
14 the Court.
19 for the longest time was about him not paying a fellow by
23 Gary that may have come up, but not in any great --
25 that. I mean, and all I was told actually was that she
2 Q. All right. And did CW-1 tell you that, or did Gary
15 Q. So there was a --
17 A. Yes. Peter I had met a few times with Gary, and Fred a
18 few less times than Peter. I'd say Fred we bumped into
23 Varone and Gary DeCicco discussed the debt that CW-1 owed to
24 Mr. Varone?
3 any conversation?
5 the best way to put it. But yes. The answer is yes.
7 Town.
9 think, with his son and maybe a couple of other people. And
12 I'm just going to tell you the truth. Gary said why
13 don't you have him beat up, and Peter said, no, no, no.
18 was.
23 that Peter was the general contractor, and that he was just
2 A. That Peter wasn't able to pay his subs the amount that
4 Peter why don't you just take out a mechanics lien, because
8 Peter and his subs would get paid in full. And he sort of
13 A. I do.
24 discussions that you had with Gary DeCicco about CW-1 prior
11 stiffed your father, why are you -- why are you talking to
12 him?
4 buying it, and that there was a -- the state was attempting
7 own, and in exchange for that would have given CW a curb cut
13 lady would have been paid by the government for the taking,
18 You know, that curb cut, by the way, was already there.
25 with that. He went to the state and said you're not going
2 me for it.
4 they have to pay you for it. But if there's a quid pro quo ,
18 A. Oh, yes.
6 went in there for, is the best way I can put it, but that's
9 A. Yep.
18 Q. You said you don't remember the exact details, but the
20 A. I don't --
8 came in to the shop, did she say anything about what she
16 BY MR. SHEKETOFF:
19 that's how it came up, is the best way I can put it.
21 words --
23 Gary kind of told her what to put on the card was what
24 happened.
25 Q. And do you recall what the mood was in the car when
3 to send them --
5 that's --
7 A. Yes.
11 Q. What happened next after you guys drove away from the
12 flower shop?
24 and they show up, and they're beeping the horns, and, you
4 pay for.
6 A. Yep.
11 --
13 he's a jerk. You know, let's mess with him a little bit is
19 tell you that I remember it not being cold out was the best
20 way I can put it. You know, I don't think it was at all in
22 Q. Other than the flower delivery and the one or two phone
23 calls to sub or pizza shops, did you ever have any further
6 Q. At CW-1's building?
23 comments about the service, the food, and the this and the
9 physically present?
12 A. Yeah.
20 of xxxx said something bad about me. That's -- and that was
21 it. That was really -- that was for all intents and
24 incident?
5 know exactly.
8 A. No. No. He's -- those were all done in the car with
11 I think the flowers Kim was there for. The other phone
12 calls I don't think -- she might have been in the car for
19 the marina?
20 A. No. No.
24 is.
3 about Rick Salvo is having paid him to do things and him not
5 --
7 Q. Okay.
10 you're asking.
16 The steel guy may have been the guy putting in that
24 A. Correct.
2 what was behind the flower incident, and you gave your
3 opinion; correct?
4 A. Yes.
9 Q. Yeah.
13 CROSS-EXAMINATION
14 BY MS. BARCLAY:
16 A. Good afternoon.
18 A. Yes.
19 Q. And you work for Coopers and Mybrand (sic) in the 80s;
20 is that right?
21 A. Yes.
22 Q. And then you worked for the Flatly Company. You were
24 A. Yep.
25 Q. And you worked for a few more years after that as the
8 some sort?
9 A. Yes, uh-huh.
14 A. Yep.
16 A. Yes.
18 A. Yep.
21 Q. Bentley.
6 but there is the best way I can put it. So I didn't spend a
12 marina?
15 A. Yep.
18 A. Yep.
19 Q. Saugus?
20 A. Yep.
21 Q. Revere?
22 A. Yep.
27
1 And that was a mill building with a lot of tenants?
6 Company.
7 A. Right.
13 some office --
15 A. Yeah.
20 Winthrop?
24 A. Yeah. Yep.
28
1 This land in the Bahamas, did he say I owned some land
2 in the Bahamas?
4 Q. Other land?
7 right?
8 A. Yes.
10 to.
18 A. Yes.
22 A. Oh, yeah.
24 A. Yep.
29
1 paid 6 or 8 million dollars for?
2 A. Yep.
4 some of them.
11 A. Yep.
13 A. Yep.
15 A. Yep.
17 A. Yep.
20 A. Yep.
22 A. Yeah. And Lisa who lived in the other home with his
23 other daughter.
24 Q. Anyone else?
25 A. No.
30
1 Q. And you and DeCicco -- Mr. DeCicco, you're the same
2 age?
3 A. A week apart.
4 Q. Right?
5 A. Yep.
8 A. Yep.
9 Q. Talks tough?
10 A. Yep.
12 Flatly?
15 retirement?
16 A. Yep.
21 you?
22 A. Correct.
24 A. Correct.
31
1 A. Yep.
2 Q. And we'll circle back to this later, but you gave them
3 900,000 --
4 A. Yep.
7 other half.
13 of 2014.
14 A. Okay.
16 A. Yeah.
21 Gary.
24 A. Yep.
32
1 him --
2 A. Correct.
3 Q. -- until April --
10 A. Yep.
11 Q. Is that Brother's?
12 A. Is that in Revere?
15 Q. Is it Kenny Lafauci?
18 Lynn.
20 though?
24 we've repaired --
33
1 handle from a repair stand -- Kenny was a step above Armand
5 Did Mr. DeCicco tell you that Kenny, Mr. Lafauci, let
6 Mr. DeCicco use his dealer license to buy and sell cars?
9 Lynnway Dealership.
11 A. Yep.
14 A. Yep.
15 Q. And did he tell you that the dealer plate allowed him
16 to buy and sell cars without them ever showing up under his
19 No. I mean, my -- my --
21 Q. Okay.
22 A. He would --
23 Q. So --
34
1 He'd by one of two types of cars. One was something
4 a little less.
7 about. He'd buy that, spend some money on it, and then try
9 Q. What about --
13 Q. Okay.
17 cars?
25 And it comes off the back of the truck and started right up,
35
1 so.
7 A. Right.
9 A. Yep.
11 A. Yep.
13 A. Yes.
15 A. Yep.
19 in. And that's the thing that I remember the most, because
23 A. Yeah.
25 A. Correct.
36
1 Q. Peter Varone was there?
5 A. Yeah.
9 A. Sure. Yep.
12 Q. Okay.
13 A. I mean, he never --
16 answer.
19 so.
20 Q. Okay.
37
1 A. It might have been maybe once. Maybe once, yeah, we
4 that Mr. DeCicco talked about CW-1 and how he was running
5 the business?
6 A. Yes.
8 a business?
10 Q. A car --
13 winter.
15 Q. And there's this issue with the curb cut, because Mr.
19 I mean, that's --
20 Boy, you would have paid for that, you know, in the
24 Q. Right.
38
1 that they needed to make a safer turn off of Route 1; to me,
4 A. Yeah. He's --
7 that?
9 about CW-1 --
11 money?
12 A. Yes.
15 A. No. No.
18 Mills; right?
19 A. Yes.
21 A. Correct.
23 A. Yep.
39
1 A. No.
3 day, you're in the car, he pulls over and sends Kim in for
4 the flowers?
9 A. Yep. Yep.
11 A. Yes.
13 A. Yep.
15 things.
17 a daughter, nothing?
18 A. No.
21 A. Yeah.
22 Q. It's addressed to --
24 think --
40
1 THE COURT: Yes. Well, it's part of the Saugus
2 police report.
8 idea?
9 A. No.
11 A. Gary.
12 Q. And where it says, "We all know whose place that is.
13 We hope this cross will help you get rid of that Muslim
15 A. Gary.
18 Q. And when Mr. DeCicco first said let's send him flowers,
19 did you have any idea he was going to write something like
20 this?
41
1 THE COURT: You thought it would be flowery?
5 to the characterization.
7 sustained.
8 A. It's a little --
10 A. You know --
12 A. I'm sorry.
14 next question.
19 business?
42
1 stopped talking to you about CW-1; right?
2 A. Yep.
6 Q. You didn't find that out until after Mr. DeCicco was
7 arrested --
8 A. That's correct.
9 Q. -- in March of 2017?
10 A. Yep.
12 to beat up --
13 A. No.
14 Q. -- CW-1?
15 And if he had told you that, you would have pulled your
22 A. Yes.
24 A. Yep.
43
1 DeCicco?
2 A. Yep.
3 Q. And you believed at that time that Mr. DeCicco used all
8 Street.
12 And the sum of those two are the million three and
15 A. Sure.
17 A. Yep.
23 Cat?
24 A. Yep.
44
1 buy that?
2 A. No.
6 The other personal note between David and Gary was not
8 Q. And early 2016 you guys -- you and Mr. DeCicco start
10 A. Yes.
12 a refinancing?
15 A. Yep. Yep.
17 own it?
19 was Leader Bank. We felt that they may not have been
24 thought that would have been okay with them is the best way
25 to put it.
45
1 Q. And just to be clear, so the first bank, they turned
2 you down, because Mr. DeCicco had a tax lien, and because
9 going to own it, but he was just going to put it in the name
15 Q. Right.
16 A. -- be the --
20 Q. And he --
22 A. The next bank was Bank of New England. Not the old
25 trot on it. And about a week later they came back and said
46
1 they wouldn't do the loan because of Gary's tax liens and
4 didn't you?
5 A. Yes.
7 A. He told me --
8 Q. -- at one point?
11 around there.
13 paid $800,000?
14 A. Yeah.
15 Q. To the IRS?
16 A. Yep.
18 A. Yep.
20 off; right?
23 any money?
47
1 didn't want to do it. I mean --
2 Q. And you --
4 millionaire?
5 A. Sure.
8 right?
11 these banks?
12 A. Yes.
15 A. Correct.
20 were --
48
1 A. It was --
4 he said.
12 heaven and pay for it. That was -- I had nothing to do with
13 it.
20 the name --
22 ability.
49
1 A. Yeah.
8 A. Yep.
10 someone's throat?
12 maybe, yeah.
15 him?
19 A. Yep.
22 A. Yep.
23 Q. When you heard that Mr. DeCicco had been arrested, you
25 A. Oh, yeah.
50
1 Q. Because the allegation here is that he wanted an
3 someone else?
4 A. Correct.
8 yeah.
10 him. And you know, yeah, your mind begins to race. You
14 A. Yep.
16 A. Correct.
18 A. Correct.
20 A. Yes.
21 Q. And you then began paying him half of what you were
51
1 You know, I didn't think that was going to go on
9 38 grand.
11 that time.
13 REDIRECT EXAMINATION
14 BY MR. SHEKETOFF:
16 A. Me.
18 A. September of 2016.
24 Bank?
25 A. Correct.
52
1 Q. And who applied for that loan?
5 A. Yep.
9 A. Correct.
10 Q. But you say you paid my client some of the money from
12 A. Yep.
14 A. A couple of months.
15 Q. Two months?
17 actually.
19 A. No.
25 did what I had assumed Leader Bank probably would have done
53
1 which was to say some of the rents were over market, and
5 we're not going to give you the benefit of the other three.
10 A. 7.8 --
11 Q. Or Mr. DeCicco?
12 A. $7.8 million.
14 A. $7.8 million.
15 Q. And you gave him his -- when you closed on the loan, --
16 A. Yep.
17 Q. -- you gave him the money, and now you own Pulaski?
54
1 default interest on one of the two loans, because it was due
3 together.
23 to you?
55
1 talked about it was that he was going to get his million
3 And then over and above that there were a few extra bucks
6 A. Correct.
9 this witness.
56
1 THE COURT: Okay. And that's what would have been
2 among the things that reduced his net of 3.2 million from
3 7.8.
5 to --
7 have come.
14 5.5.
19 --
57
1 complete at that point.
5 there."
9 and she would place ads like on Craig's List to list space.
20 --
58
1 motive. And I have the architect's plans, I guess, is I
4 plans --
6 "Gary's Office."
8 plans.
14 says "Gary's Office" and CW-1's office, and the third says
59
1 rebuttal, so I'm not going to take it.
2 ARGUMENT
9 seen in more than one context now. And whether it's a issue
11 order from Mr. DeCicco to have the guy beat up who says it
12 was about a woman, but whether it's what this guy says, it's
19 of business.
60
1 everything that was suggested in Mr. Kendall's motion for
4 federal Hobbs Act case where they claim that there was a
5 specific purpose for this extortion from CW-1 who would have
7 time whose own story does not include any specific kind of
11 else.
25 You know, you convince me. But he never did any of that.
61
1 So it really comes down to whether -- what was the
22 that I'm focused on that question, and what I got from Mr.
62
1 difference as to the weight of the evidence. It doesn't
3 sent CW-2 there to beat him up for one reason or the other.
6 reason.
10 two issues that I have with it. And I had mentioned these
11 to Mr. Kendall the last time, or at least the first one, and
15 same take on that note, but the language of the note fairly
16 squares with the government's theory here, and that was what
18 hearing.
63
1 connected to it.
3 and you have this connection to the FBI, and you have Mr.
8 suggests that Gary DeCicco wants him out of there, and maybe
10 view where, you know, someone that worked for the architect
11 has written this in. Wouldn't you -- at that point you put
14 government's theory.
17 Him asking; him sending that cross; him, you know, sending
18 the architect with this name on it. You put these three
20 extort me. You go to the FBI, and they wire you up.
64
1 constructing it afterwards, this is my theory now, it's my
2 theory now, because I can see what the architect did, I can
18 and that --
21 for some crude remark about one of the women in his life,
65
1 fits with the government's theory, but the circumstances of
6 original discussion. And why doesn't this guy put that two
19 release because he's a danger. Which is, you know, what you
25 to convince the jury that this motive was what they allege
66
1 in the indictment.
8 new, and I'll say in that context I did hear testimony that
11 decision.
19 should.
20 RESPONSE
67
1 reported it to the Saugus P.D. He wasn't working for the
4 the Saugus P.D. It was the Saugus P.D. that called the FBI
16 --
18 not mean that the government can not prove the motive in
20 --
23 have him wear a wire and go talk to the guy who hired
68
1 With respect to Mr. Baldi's testimony
4 government's evidence --
12 matters, and nothing Mr. Baldi said here today supports that
13 theory.
69
1 between the two. It was all about the business.
12 trial.
23 red flag for Baldi if he told him why he really sent the
70
1 that's what he thought it was all about.
3 that he didn't tell Mr. Baldi that he had CW-1 beaten up,
6 big game about having people beaten up, and it's an entirely
10 do business.
16 could hide his interest from the IRS and from banks.
71
1 threat with action, and that's exactly what the card was
5 Your Honor?
8 patience.
9 FURTHER ARGUMENT
16 for him being around the building during that period of time
72
1 hearing, that numerous people said that Mr. DeCicco had
10 people who said that Mr. DeCicco had nothing to do with the
11 permitting.
17 did.
73
1 THE COURT: Are we talking about Pulaski now?
5 interest.
15 friend who got ripped off by CW-1 was not -- was ripped off,
74
1 MS. BARCLAY: They don't. They turn it over to
4 interviewed.
13 holidays.
15 is on --
23
24
25
75
1 CERTIFICATION
5 above-entitled matter.
10
11
12
13
14
15
16
17
18
19
20
21
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Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
08/26/14, 7:14 PM (617) 982-8080 to BOSTON/MA (F)
08/26/14, 7:14 PM (617) 782-8222 to BRIGHTON/MA
08/26/14, 8:12 PM (781) 760-2680 to V\1NCHESTER/MA
08/26/14, 8:15 PM (781) 760-2680 Incoming
08/26/14, 8:29 PM (781) 771-4456 to LYNN/MA (F) 6
08/26/14, 8:35 PM (781) 771-4456 to LYNN/MA (F) 5
08/26/14, 8:49 PM 123 VM Retrieval (G)
08/26/14, 8:53 PM (786) 326-2803 Incoming 2
08/27/14, 8:41 AM 123 VM Retrieval (G) 1
08/27/14, 9:45 AM (781) 662-3498 Incoming 3
08/27/14, 9:48 AM (781) 367-1456 Incoming 4
08/27/14, 9:53 AM 123 VM Retrieval (G)
08/27/14, 10:13 AM (617) 939-1462 to BOSTON/MA 2
08/27/14, 11 :00 AM (508) 626-7000 to FRAMINGHAM/MA 2
08/27/14, 11 :03 AM (781) 596-9700 to LYNN/MA 3
08/27/14, 11:12AM (917) 757-9507 to BKLYN NYC/NY 2
08/27/14, 11:14AM (610) 509-9722 Incoming (A) 10
08/27/14, 11 :24 AM (917) 757-9507 to BKLYN NYC/NY 18
08/27/14, 11 :46 AM (917) 757-9507 Incoming 2
08/27/14, 11 :47 AM (561) 715-8034 to DELRAY BCH/FL (F)
08/27/14, 1 :43 PM (781) 599.5333 to LYNN/MA
08/27/14, 1 :44 PM (786) 326-2803 Incoming 8
08/27/14, 2:06 PM (781) 599.5334 Incoming 2
08/27/14, 2:36 PM (786) 326-2803 to MIAMI/FL (A) 3
08/27/14, 2:40 PM (617) 939-1462 to BOSTON/MA 2
08/27/14, 2:43 PM (786) 326-2803 to MIAMI/FL
08/27/14, 3:14 PM (786) 326-2803 Incoming 2
08/27/14, 3:19 PM (617) 924-9507 to WATERTOWN/MA
08/27/14, 3:20 PM (617) 923-8006 to WATERTOWN/MA 10
08/27/14, 3:47 PM (908) 725-2200 to SOMERVILLE/NJ 5
08/27/14, 3:57 PM (908) 725-2200 to SOMERVILLE/NJ 2
08/27/14, 3:59 PM (908) 725-2200 to SOMERVILLE/NJ 7
08/27/14, 4:05 PM (908) 725-2200 to SOMERVILLE/NJ 5
08/27/14, 4:34 PM (617) 923-8006 to WATERTOWN/MA 2
08/27/14, 4:36 PM (786) 326-2803 to MIAMI/FL
08/27/14, 5:31 PM (786) 326-2803 to MIAMI/FL 2
08/27/14, 5:33 PM (781) 760-2680 Incoming
08/27/14, 6:10 PM (781) 727-6036 to NEEDHAM/MA 2
08/27/14, 6:12 PM (786) 326-2803 to MIAMI/FL 3
08/27/14, 6:17 PM (781) 760-2680 to V\1NCHESTER/MA 5
08/27/14, 6:31 PM (786) 326-2803 to MIAMI/FL 2
08/27/14, 6:43 PM (781) 760-2680 to V\1NCHESTER/MA
08/27/14, 6:45 PM (781) 727-6036 Incoming
08/27/14, 8:26 PM (781) 760-2680 to V\1NCHESTER/MA
08/27/14, 8:50 PM (781) 760-2680 Incoming 4
08/27/14, 8:56 PM (617) 797-0200 Incoming 6
08/28/14, 7:46 AM (617) 285-1585 Incoming 3
08/28/14, 7:50 AM (617) 285-1585 to SAUGUS/MA 2
08/28/14, 7:56 AM (781) 771-4456 to LYNN/MA (F) 23
08/28/14, 10:06 AM (781) 760-2680 to V\1NCHESTER/MA
08/28/14, 10:21 AM (781) 760-2680 to V\1NCHESTER/MA
08/28/14, 10:28 AM (781) 760-2680 to V\1NCHESTER/MA
08/28/14, 10:34 AM (781) 760-2680 Incoming 2
08/28/14, 11:10AM (781) 983-4633 to V\1NCHESTER/MA 2
08/28/14, 11:12AM (781) 953-7103 to REVERE/MA (F) 2
08/28/14, 11:14AM (781) 888-3338 to RANDOLPH/MA 6
08/28/14, 11 :21 AM (617) 923-8006 Incoming 8
08/28/14, 11 :30 AM 123 VM Retrieval (G) 2
08/28/14, 12:19 PM (781) 953-7103 to REVERE/MA (F) 4
08/28/14, 12:37 PM (781) 231-9500 Incoming
08/28/14, 12:55 PM (703) 996-1100 to DULLES/VA 2
08/28/14, 2:51 PM (781) 760-2680 to V\1NCHESTER/MA
08/28/14, 2:56 PM (781) 760-2680 Incoming 2
08/28/14, 3:24 PM 123 VM Retrieval (G) 2
08/28/14, 3:27 PM (617) 939-1462 to BOSTON/MA 2
08/28/14, 3:31 PM (781) 760-2680 Incoming
08/28/14, 4:31 PM (781) 983-4633 to V\1NCHESTER/MA
Page AS of A53
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time w here the mobile was located.
Date and time Number Description Type Min Amount
09/02/14, 8:58 PM (781) 771-4456 to LYNN/MA (A) 11
09/02/14, 9:08 PM (781) 760-2319 to V\1NCHESTER/MA 5
09/03/14, 9:07 AM (786) 326-2803 to MIAMI/FL 2
09/03/14, 9:16 AM (781) 953-7103 to REVERE/MA (F) 8
09/03/14, 9:58 AM (508) 270-5462 to FRAMINGHAM/MA 3
09/03/14, 10:22 AM (781) 941-1160 to SAUGUS/MA
09/03/14, 10:39 AM (617) 875-4993 to BOSTON/MA 3
09/03/14, 12:24 PM (781) 771-4456 to LYNN/MA (F)
09/03/14, 12:25 PM (781) 771-4456 Incoming (F) 2
09/03/14, 12:30 PM (781) 760-2680 to V\1NCHESTER/MA 1
09/03/14, 12:41 PM (781) 592-3832 to LYNN/MA 1
09/03/14, 12:55 PM (781) 760-2680 to V\1NCHESTER/MA 7
09/03/14, 1 :08 PM (857) 261-1393 to BOSTON/MA 1
09/03/14, 1 :09 PM (857) 261-1393 to BOSTON/MA
09/03/14, 1: 10 PM (508) 761-6778 to SOUTHGATE/MA
09/03/14, 1: 18 PM (857) 261-1393 Incoming
09/03/14, 1 :20 PM (617) 888-6394 to BOSTON/MA 2
09/03/14, 1 :22 PM (413) 388-5575 to CHICOPEE/MA 2
09/03/14, 1 :44 PM (781) 760-2680 to V\1NCHESTER/MA 2
09/03/14, 1 :49 PM (781) 510-9143 to RANDOLPH/MA
09/03/14, 1 :53 PM (617) 548-0145 to SAUGUS/MA
09/03/14, 2:19 PM (508) 808-3523 Incoming 3
09/03/14, 2:22 PM (781) 592-3832 Incoming
09/03/14, 2:25 PM (617) 548-0145 Incoming 8
09/03/14, 2:40 PM (781) 535-4126 Incoming (F)
09/03/14, 2:55 PM (617) 548-0145 to SAUGUS/MA 2
09/03/14, 3:14 PM (781) 760-2680 to V\1NCHESTER/MA 4
09/03/14, 3:31 PM (781) 760-2680 to V\1NCHESTER/MA 3
09/03/14, 3:34 PM (617) 548-0145 to SAUGUS/MA 2
09/03/14, 3:37 PM (781) 771-4456 to LYNN/MA (F) 3
09/03/14, 5:16 PM 123 VM Retrieval (G)
09/03/14, 5:52 PM (786) 326-2803 Incoming 2
09/03/14, 6:10 PM (786) 326-2803 to MIAMI/FL
09/03/14, 6:28 PM (917) 868-0883 to QUEENS NYC/NY
09/03/14, 6:36 PM (786) 326-2803 Incoming 3
09/03/14, 6:39 PM (786) 326-2803 Incoming 2
09/03/14, 6:42 PM 123 VM Retrieval (G)
09/03/14, 6:43 PM (617) 939-1462 to BOSTON/MA
09/03/14, 7:45 PM (617) 755-8177 Incoming
09/03/14, 7:45 PM (617) 755-8177 to BOSTON/MA
09/03/14, 7:55 PM (781) 771-4456 to LYNN/MA (F) 22
09/03/14, 10:26 PM (786) 326-2803 Incoming 5
09/04/14, 5:20 AM 123 VM Retrieval (G) 2
09/04/14, 11:16AM (781) 245-2415 Incoming 4
09/04/14, 11 :30 AM (617) 970-3245 to EASTBOSTON/MA (F)
09/04/14, 12: 11 PM (617) 538-8888 to WAL THAM/MA
09/04/14, 2:42 PM (781) 599.5333 to LYNN/MA 2
09/04/14, 2:46 PM (781) 599.5334 Incoming 6
09/04/14, 2:57 PM (781) 599.5334 Incoming
09/04/14, 6:38 PM 123 VM Retrieval (G)
09/04/14, 7:02 PM (786) 326-2803 Incoming 6
09/04/14, 7:23 PM (617) 782-8222 to BRIGHTON/MA
09/05/14, 9:23 AM (781) 953-5412 to REVERE/MA (F)
09/05/14, 11:12AM 123 VM Retrieval (G)
09/05/14, 11:14AM (978) 372-2552 Incoming 2
09/05/14, 12:18 PM (617) 393-2229 to WATERTOWN/MA 2
09/05/14, 12:23 PM (781) 771-4456 to LYNN/MA (F) 2
09/05/14, 12:43 PM (610) 509-9722 Incoming 3
09/05/14, 12:47 PM (781) 760-2680 Incoming
09/05/14, 1 :29 PM (857) 247-4360 to BOSTON/MA 3
09/05/14, 1 :33 PM (617) 699-6998 to BOSTON/MA 2
09/05/14, 1 :34 PM (617) 782-8222 to BRIGHTON/MA 4
09/05/14, 1 :48 PM (617) 782-8222 to BRIGHTON/MA 3
09/05/14, 1 :53 PM (781) 558-8518 to SAUGUS/MA
09/05/14, 2:12 PM (857) 247-4360 to BOSTON/MA
09/05/14, 2:27 PM (917) 868-0883 Incoming 2
09/05/14, 2:47 PM 123 VM Retrieval (G)
PageA11 ofA53
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T -Mobile Number
(V) myFaves Call (WJ V\1-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
09/05/14, 2:51 PM (786) 326-2803 to MIAMI/FL 4
09/05/14, 2:55 PM (610) 509-9722 Incoming
09/05/14, 3:10 PM (617) 924-9507 to WATERTOWN/MA 3
09/05/14, 4:06 PM (617) 939-1462 Incoming
09/05/14, 5:13 PM 123 VM Retrieval (G)
09/05/14, 6:14 PM (610) 509-9722 to ALLENTOWN/PA (A) 4
09/05/14, 6:17 PM (732) 788-5250 Incoming (A) 13
09/05/14, 6:32 PM (201) 216-9491 Incoming
09/05/14, 6:33 PM (508) 231-7100 Incoming (A) 2
09/05/14, 6:35 PM (786) 326-2803 to MIAMI/FL 2
09/05/14, 6:37 PM (786) 326-2803 to MIAMI/FL
09/05/14, 6:37 PM (508) 231-7100 to FRAMINGHAM/MA
09/05/14, 6:38 PM (786) 326-2803 to MIAMI/FL
09/05/14, 6:38 PM (508) 231-7100 to FRAMINGHAM/MA 2
09/05/14, 6:57 PM (201) 216-9491 to JERSEYCITY/NJ 3
09/05/14, 7:14 PM (917) 868-0883 Incoming
09/05/14, 7:16 PM (508) 231-7100 to FRAMINGHAM/MA 3
09/05/14, 7:34 PM (617) 699-6998 Incoming 5
09/05/14, 7:49 PM (781) 760-2680 to V\1NCHESTER/MA
09/05/14, 8:01 PM (508) 808-3523 Incoming
09/05/14, 8:18 PM (781) 760-2680 Incoming 2
09/05/14, 9:04 PM (917) 868-0883 Incoming 2
09/05/14, 9:30 PM (781) 771-4456 to LYNN/MA (F)
09/05/14, 9:30 PM (781) 771-4456 to LYNN/MA (F) 18
09/06/14, 8:25 AM (781) 771-4456 to LYNN/MA (F)
09/06/14, 8:29 AM (781) 760-2680 to V\1NCHESTER/MA
09/06/14, 8:33 AM (781) 771-4456 to LYNN/MA (F)
09/06/14, 8:53 AM (410) 808-3201 Incoming 3
09/06/14, 9:00 AM (781) 771-4456 to LYNN/MA (F) 2
09/06/14, 9:36 AM (610) 509-9722 to ALLENTOWN/PA 3
09/06/14, 11 :05 AM (781) 760-2680 to V\1NCHESTER/MA
09/06/14, 11 :07 AM (781) 760-2680 to V\1NCHESTER/MA
09/06/14, 11 :36 AM (617) 821-1896 to CAMBRIDGE/MA (A) 3
09/06/14, 11 :39 AM (781) 953-5412 to REVERE/MA (A) 2
09/06/14, 11 :40 AM (617) 970-3245 Incoming (A) 2
09/06/14, 11 :43 AM (781) 953-5412 to REVERE/MA (F)
09/06/14, 1 :23 PM 123 VM Retrieval (G)
09/06/14, 1 :24 PM (786) 326-2803 to MIAMI/FL
09/06/14, 3:45 PM (781) 599.5334 Incoming 4
09/06/14, 4:56 PM (786) 326-2803 to MIAMI/FL
09/06/14, 5:26 PM (781) 599.5334 Incoming 2
09/06/14, 5:36 PM (781) 771-4456 to LYNN/MA (F) 2
09/06/14, 5:38 PM (781) 599.5334 to LYNN/MA 2
09/06/14, 5:42 PM (781) 771-4456 Incoming (F) 4
09/06/14, 7:16 PM (610) 509-9722 Incoming 6
09/07/14, 10:38 AM (781) 771-4456 Incoming (F) 2
09/07/14, 11 :07 AM (443) 324-9099 Incoming 2
09/07/14, 11 :53 AM (781) 760-2680 to V\1NCHESTER/MA 4
09/07/14, 12:05 PM (786) 326-2803 Incoming 4
09/07/14, 12:13 PM (781) 771-4456 Incoming (F)
09/07/14, 12:26 PM (781) 727-6036 to NEEDHAM/MA 2
09/07/14, 3:01 PM (781) 344-3120 to STOUGHTON/MA 2
09/07/14, 4:40 PM (781) 727-6036 to NEEDHAM/MA
09/07/14, 5:26 PM 123 VM Retrieval (G)
09/07/14, 7:36 PM (786) 326-2803 to MIAMI/FL 3
09/07/14, 8:08 PM (786) 326-2803 Incoming 3
09/08/14, 7:29 AM (781) 771-4456 Incoming (F) 11
09/08/14, 8:50 AM (781) 521-2802 to SAUGUS/MA
09/08/14, 9:27 AM (781) 941-1199 Incoming 2
09/08/14, 9:43 AM (617) 201-6573 to CAMBRIDGE/MA
09/08/14, 9:55 AM (781) 953-7103 to REVERE/MA (F) 3
09/08/14, 10:03 AM (781) 521-2802 to SAUGUS/MA 7
09/08/14, 10:58 AM (781) 953-7103 to REVERE/MA (F) 2
09/08/14, 11 :09 AM (978) 766-5276 to DANVERS/MA 2
09/08/14, 11 :21 AM (617) 201-6573 to CAMBRIDGE/MA 2
09/08/14, 11 :24 AM (617) 970-3245 to EASTBOSTON/MA (F)
09/08/14, 11 :26 AM (508) 962-8345 to FRAMINGHAM/MA 2
Talk
The date and time correst2onds to the local time w here the mobile was located.
Date and time Number Description Type Min Amount
09/11/14, 2:29 PM 8885617077 1-888# 3
09/11 /14 , 2:43 PM (610) 509-9722 Incoming (A) 5
09/11 /14, 2:49 PM 123 VM Retrieval (G)
09/11/14, 2:50 PM (617) 939-1462 to BOSTON/MA
09/11/14, 3:15 PM (800) 932-3822 Incoming
09/11/14, 3:19 PM 123 VM Retrieval (G)
09/11/14, 3:52 PM (508) 270-5496 Incoming
09/11/14, 5:18 PM (786) 326-2803 to MIAMI/FL 2
09/11/14, 5:31 PM (617) 970-3245 to EASTBOSTON/MA (F) 6
09/11/14, 6:47 PM (617) 970-3245 to EASTBOSTON/MA (F) 2
09/11/14, 6:59 PM (786) 326-2803 to MIAMI/FL 2
09/11/14, 7:39 PM (617) 970-3245 to EASTBOSTON/MA (F)
09/11/14, 9:28 PM (786) 326-2803 to MIAMI/FL
09/11/14, 10:25 PM (781) 760-2319 to V\1NCHESTER/MA
09/11/14, 10:32 PM (781) 760-2319 Incoming (A) 2
09/11/14, 10:33 PM (786) 326-2803 Incoming (A) 5
09/11 /14, 10:40 PM (786) 326-2803 Incoming
09/11/14, 11 :10 PM (786) 326-2803 to MIAMI/FL 3
09/12/14, 8:32 AM (978) 766-5276 to DANVERS/MA
09/12/14, 8:50 AM (781) 760-1559 to V\1NCHESTER/MA 4
09/12/14, 9:02 AM (617) 970-3245 to EASTBOSTON/MA (F)
09/12/14, 9:02 AM (617) 970-3245 to EASTBOSTON/MA (F)
09/12/14, 9:46 AM (617) 982-8080 to BOSTON/MA (F)
09/12/14, 9:46 AM (617) 982-8080 to BOSTON/MA (F)
09/12/14, 9:47 AM (617) 982-8080 to BOSTON/MA (F)
09/12/14, 10:01 AM (786) 326-2803 to MIAMI/FL
09/12/14, 10:09 AM (617) 605-4500 to MALDEN/MA
09/12/14, 10:25 AM (786) 326-2803 to MIAMI/FL
09/12/14, 10:30 AM (786) 326-2803 to MIAMI/FL 5
09/12/14, 10:43 AM (786) 326-2803 to MIAMI/FL 2
09/12/14, 10:47 AM (617) 605-4500 to MALDEN/MA
09/12/14, 11 :01 AM (617) 939-1462 Incoming
09/12/14, 11:33AM 123 VM Retrieval (G) 2
09/12/14, 12:19 PM (781) 760-1559 to V\1NCHESTER/MA
09/12/14, 12:43 PM (617) 970-3245 to EASTBOSTON/MA (F) 2
09/12/14, 1 :00 PM (617) 775-4411 to NEWTON/MA
09/12/14, 1 :03 PM (617) 393-2229 to WATERTOWN/MA 4
09/12/14, 1:15 PM (617) 970-3245 to EASTBOSTON/MA (F)
09/12/14, 1 :52 PM (617) 970-3245 Incoming (F) 3
09/12/14, 1 :56 PM (781) 760-1559 to V\1NCHESTER/MA
09/12/14, 2:01 PM (781) 760-1559 Incoming 3
09/12/14, 2:12 PM (781) 424-8714 to NORWELL/MA 5
09/12/14, 4:05 PM 123 VM Retrieval (G) 2
09/12/14, 6:47 PM (781) 771-4456 to LYNN/MA (F) 22
09/12/14, 7:11 PM (786) 326-2803 to MIAMI/FL 6
09/13/14, 9:10 AM (781) 558-8518 Incoming 7
09/13/14, 10:54 AM (781) 953-7103 to REVERE/MA (F)
09/13/14, 11 :26 AM (781) 760-2323 to V\1NCHESTER/MA
09/13/14, 11 :54 AM (617) 314-1448 to BOSTON/MA 2
09/13/14, 1 :02 PM (239) 285-1666 to NAPLES/FL 9
09/13/14, 1 :36 PM (617) 390-3550 Incoming 2
09/13/14, 1 :40 PM (786) 326-2803 to MIAMI/FL 8
09/13/14, 2:26 PM (786) 326-2803 Incoming 3
09/13/14, 2:30 PM (443) 324-9099 Incoming 3
09/13/14, 2:35 PM (786) 326-2803 Incoming 2
09/13/14, 3:01 PM (786) 326-2803 to MIAMI/FL 1
09/13/14, 3:02 PM (786) 326-2803 Incoming 2
09/13/14, 3:07 PM (786) 326-2803 Incoming 2
09/13/14, 3:11 PM (443) 324-9099 to BALTIMORE/MD 5
09/13/14, 6:21 PM (786) 326-2803 to MIAMI/FL 4
09/13/14, 6:24 PM (786) 326-2803 to MIAMI/FL
09/13/14, 6:47 PM (617) 982-8080 to BOSTON/MA (F)
09/13/14, 7:04 PM (617) 605-4500 to MALDEN/MA 2
09/13/14, 7:09 PM (781) 760-2323 Incoming 3
09/13/14, 7:15 PM (786) 326-2803 to MIAMI/FL 6
09/13/14, 7:35 PM (781) 581-9994 to LYNN/MA
09/13/14, 7:57 PM (781) 760-2680 to V\1NCHESTER/MA
Page A2 of A44
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T -Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
09/17/14, 4:18 PM (617) 982-8080 to BOSTON/MA (F) 4
09/17/14, 4:23 PM (617) 982-8080 Incoming (F) 5
09/17/14, 4:27 PM (781) 844-9253 to ARLINGTON/MA 13
09/17/14, 4:41 PM (617) 749-6712 to ROXBURY/MA (F) 6
09/17/14, 5:15 PM (781) 983-4633 Incoming
09/17/14, 7:22 PM 8003489008 1-800#
09/17/14, 7:39 PM 8003489008 1-800# 3
09/17/14, 7:47 PM (617) 593-9111 to BOSTON/MA 7
09/18/14, 7:58 AM (781) 558-8518 to SAUGUS/MA 7
09/18/14, 8:52 AM (617) 939-1462 to BOSTON/MA 4
09/18/14, 9:01 AM (781) 760-2680 Incoming
09/18/14, 9:21 AM (781) 983-4633 Incoming
09/18/14, 10:16 AM (781) 953-6870 to REVERE/MA 2
09/18/14, 10:19 AM (617) 605-4500 to MALDEN/MA
09/18/14, 10:23 AM (786) 326-2803 to MIAMI/FL
09/18/14, 10:43 AM (781) 696-5647 to WOBURN/MA
09/18/14, 10:58 AM (508) 761-6778 to SOUTHGATE/MA 2
09/18/14, 11 :08 AM (786) 326-2803 to MIAMI/FL 2
09/18/14, 11 :20 AM (239) 285-1666 to NAPLES/FL
09/18/14, 12:19 PM (239) 285-1666 to NAPLES/FL
09/18/14, 12:23 PM (786) 326-2803 to MIAMI/FL
09/18/14, 1:10 PM 123 VM Retrieval (G)
09/18/14, 1 :22 PM (781) 696-5647 to WOBURN/MA
09/18/14, 1 :24 PM (617) 970-3245 to EASTBOSTON/MA (F)
09/18/14, 1 :25 PM (617) 970-3245 Incoming (A) 2
09/18/14, 1 :27 PM (781) 953-5412 Incoming (A) 5
09/18/14, 1 :40 PM (781) 696-5647 to WOBURN/MA 9
09/18/14, 2:00 PM (617) 605-4500 Incoming (A) 12
09/18/14, 2:12 PM 123 VM Retrieval (G)
09/18/14, 2:16 PM (617) 593-9111 Incoming 2
09/18/14, 4:24 PM 123 VM Retrieval (G)
09/18/14, 4:25 PM (781) 710-3666 to LYNN/MA 5
09/18/14, 4:56 PM (781) 710-3666 to LYNN/MA 2
09/18/14, 5:25 PM (786) 326-2803 Incoming
09/18/14, 5:35 PM (786) 326-2803 Incoming 2
09/18/14, 6:38 PM (617) 749-6712 Incoming (F) 5
09/18/14, 6:42 PM (617) 212-1880 to BOSTON/MA 2
09/18/14, 7:03 PM (781) 727-6036 Incoming 2
09/18/14, 7:33 PM (786) 326-2803 to MIAMI/FL 2
09/19/14, 7:07 AM (781) 771-4456 to LYNN/MA (F) 10
09/19/14, 8:53 AM (800) 932-3822 Incoming
09/19/14, 8:59 AM 123 VM Retrieval (G) 2
09/19/14, 9:09 AM (786) 326-2803 to MIAMI/FL 2
09/19/14, 9:13 AM (786) 326-2803 to MIAMI/FL (A) 2
09/19/14, 9:16 AM 123 VM Retrieval (G)
09/19/14, 9:33 AM (617) 939-1462 to BOSTON/MA
09/19/14, 10:38 AM (561) 767-0490 to BOYTONBCH/FL
09/19/14, 11 :06 AM (561) 767-0490 Incoming 3
09/19/14, 11 :54 AM (617) 605-4500 to MALDEN/MA
09/19/14, 1:05 PM 123 VM Retrieval (G)
09/19/14, 1:10 PM (617) 820-1248 to BOSTON/MA (F) 2
09/19/14, 1:13 PM (786) 326-2803 to MIAMI/FL 6
09/19/14, 2:51 PM (781) 558-8518 to SAUGUS/MA 2
09/19/14, 5:21 PM (617) 820-1248 to BOSTON/MA (F)
09/19/14, 5:36 PM (781) 953-7151 to REVERE/MA 3
09/19/14, 6:53 PM (781) 771-4456 Incoming (F) 1
09/19/14, 7:03 PM (781) 771-4456 to LYNN/MA (F) 30
09/19/14, 9:06 PM 123 VM Retrieval (G) 2
09/19/14, 9:07 PM 123 VM Retrieval (G)
09/19/14, 9:10 PM (617) 949-6936 Incoming 9
09/20/14, 8:35 AM 995322550777 Incoming (A) 8
09/20/14, 8:43 AM (401) 474-4027 to PROVIDENCE/RI
09/20/14, 8:44 AM 123 VM Retrieval (G)
09/20/14, 8:44 AM (401) 474-4027 to PROVIDENCE/RI 3
09/20/14, 9:04 AM (617) 212-1880 to BOSTON/MA 2
09/20/14, 9:23 AM (401) 474-4027 Incoming 2
09/20/14, 9:29 AM (781) 367-1456 to WOBURN/MA 11
Page A4 of A44
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ VVi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
09/25/14, 10:28 AM (610) 509-9722 to ALLENTOWN/PA (A) 3
09/25/14, 10:30 AM (781) 662-3498 to MELROSE/MA 7
09/25/14, 11 :02 AM (781) 727-6036 Incoming 5
09/25/14, 11 :23 AM (781) 771-4456 to LYNN/MA (F) 5
09/25/14, 11 :28 AM (781) 771-4456 to LYNN/MA (F)
09/25/14, 11 :32 AM (781) 558-5210 to SAUGUS/MA
09/25/14, 11 :40 AM (781) 599-0096 to LYNN/MA 2
09/25/14, 12:03 PM (781) 760-2680 Incoming 2
09/25/14, 12:11 PM (617) 605-4500 Incoming (A) 5
09/25/14, 12:15 PM (781) 771-4456 to LYNN/MA (F) 1
09/25/14, 12:24 PM (714) 336-6613 Incoming 2
09/25/14, 12:31 PM (786) 326-2803 to MIAMI/FL
09/25/14, 12:37 PM (781) 760-2680 Incoming
09/25/14, 12:48 PM (781) 596-9700 Incoming
09/25/14, 1: 15 PM (617) 212-1880 to BOSTON/MA
09/25/14, 2:17 PM (781) 983-4633 to V\1NCHESTER/MA 2
09/25/14, 2:19 PM (786) 326-2803 to MIAMI/FL 4
09/25/14, 2:26 PM (786) 326-2803 Incoming
09/25/14, 2:30 PM (781) 760-2680 to V\1NCHESTER/MA 2
09/25/14, 2:33 PM (786) 326-2803 Incoming 3
09/25/14, 2:42 PM (786) 326-2803 Incoming 7
09/25/14, 3:18 PM (508) 685-3483 Incoming (F)
09/25/14, 3:24 PM (508) 685-3483 to BARNSTABLE/MA (F) 4
09/25/14, 3:30 PM (617) 593-9111 to BOSTON/MA 3
09/25/14, 3:34 PM (714) 336-6613 to ANAHEIM/CA 2
09/25/14, 5:13 PM (786) 326-2803 to MIAMI/FL 2
09/25/14, 6:26 PM (781) 558-8518 Incoming (A) 3
09/25/14, 6:28 PM (306) 229-8800 Incoming (A) 3
09/25/14, 6:54 PM (781) 558-8518 Incoming
09/25/14, 7:24 PM (617) 782-8222 to BRIGHTON/MA
09/25/14, 9:00 PM (781) 771-4456 to LYNN/MA (A) 15
09/25/14, 9:16 PM (781) 558-8518 to SAUGUS/MA
09/25/14, 9:16 PM (781) 558-8518 to SAUGUS/MA
09/26/14, 8:59 AM 123 VM Retrieval (G)
09/26/14, 9:00 AM (781) 231-4111 to SAUGUS/MA 3
09/26/14, 9:07 AM (781) 771-4456 to LYNN/MA (F) 7
09/26/14, 9:33 AM (617) 212-1880 Incoming 2
09/26/14, 9:38 AM (786) 326-2803 Incoming
09/26/14, 10:01 AM (617) 605-4500 to MALDEN/MA 2
09/26/14, 10:09 AM (786) 326-2803 Incoming 3
09/26/14, 10:15 AM (617) 939-1462 Incoming 5
09/26/14, 10:22 AM (786) 326-2803 Incoming 4
09/26/14, 10:34 AM (617) 970-3245 to EASTBOSTON/MA (F) 2
09/26/14, 10:55 AM (786) 326-2803 Incoming
09/26/14, 11:14AM (786) 326-2803 to MIAMI/FL
09/26/14, 11 :20 AM (617) 970-3245 Incoming (F) 2
09/26/14, 11 :33 AM (617) 212-1880 to BOSTON/MA
09/26/14, 11 :33 AM (617) 212-1880 to BOSTON/MA
09/26/14, 11 :43 AM (978) 500-9000 to IPSV\1CH/MA
09/26/14, 11 :53 AM (781) 771-4456 to LYNN/MA (F)
09/26/14, 12:02 PM (978) 500-9000 to IPSV\1CH/MA
09/26/14, 12:03 PM (617) 212-1880 to BOSTON/MA
09/26/14, 12:04 PM (617) 212-1880 Incoming 2
09/26/14, 12:09 PM (617) 970-3245 to EASTBOSTON/MA (F) 3
09/26/14, 12:19 PM (781) 581-0929 Incoming 3
09/26/14, 12:50 PM (617) 970-3245 Incoming (F) 4
09/26/14, 1 :02 PM (781) 888-3338 to RANDOLPH/MA 2
09/26/14, 1 :06 PM (786) 326-2803 Incoming (A) 3
09/26/14, 1 :26 PM (617) 970-3245 Incoming (F)
09/26/14, 1 :32 PM (617) 970-3245 to EASTBOSTON/MA (F) 3
09/26/14, 1 :35 PM (954) 453-8488 Incoming
09/26/14, 1 :59 PM (978) 500-9000 to IPSV\1CH/MA (A) 3
09/26/14, 2:02 PM (617) 970-3245 to EASTBOSTON/MA (F) 2
09/26/14, 2:06 PM (786) 326-2803 Incoming
09/26/14, 2: 11 PM (786) 326-2803 to MIAMI/FL 5
09/26/14, 3:33 PM (617) 970-3245 Incoming (F)
09/26/14, 4:00 PM (781) 771-4456 Incoming (F)
Page A7 of A44
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ V\1-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
09/26/14, 4:08 PM (617) 605-4500 to MALDEN/MA
09/26/14, 4:28 PM (781) 760-2680 to V\1NCHESTER/MA
09/26/14, 5:19 PM (617) 605-4500 Incoming 7
09/26/14, 6:21 PM (781) 596-9700 Incoming
09/26/14, 6:27 PM 123 VM Retrieval (G)
09/26/14, 6:29 PM (786) 326-2803 to MIAMI/FL (A) 16
09/26/14, 6:44 PM (732) 788-5250 Incoming (A) 5
09/26/14, 6:49 PM (781) 760-2680 to V\1NCHESTER/MA 2
09/26/14, 7:52 PM (781) 760-2680 to V\1NCHESTER/MA
09/27/14, 6:20 AM (800) 932-3822 Incoming
09/27/14, 6:30 AM 123 VM Retrieval (G)
09/27/14, 6:48 AM 8009323822 1-800# 4
09/27/14, 8:31 AM (617) 605-4500 to MALDEN/MA 10
09/27/14, 9:10 AM (781) 231-4595 to SAUGUS/MA 2
09/27/14, 10:00 AM (781) 231-4595 to SAUGUS/MA 2
09/27/14, 10:21 AM (781) 599-0096 to LYNN/MA 2
09/27/14, 10:41 AM (781) 231-4595 to SAUGUS/MA
09/27/14, 10:49 AM (617) 543-2500 Incoming (F)
09/27/14, 10:52 AM (781) 231-4595 to SAUGUS/MA 3
09/27/14, 12:03 PM (781) 696-5647 to WOBURN/MA
09/27/14, 12:06 PM (508) 685-3483 to BARNSTABLE/MA (F) 2
09/27/14, 12:11 PM (857) 236-0871 to BOSTON/MA
09/27/14, 12:11 PM (857) 236-0871 Incoming 2
09/27/14, 1 :06 PM 123 VM Retrieval (G)
09/27/14, 1 :07 PM (617) 763-8887 to BOSTON/MA 7
09/27/14, 1:14 PM (617) 901-9114 to BOSTON/MA (F)
09/27/14, 1:15 PM (617) 901-9114 Incoming (F) 3
09/27/14, 7:05 PM (781) 760-2680 to V\1NCHESTER/MA
09/28/14, 11:12AM (617) 605-4500 to MALDEN/MA 6
09/28/14, 11 :24 AM (786) 326-2803 to MIAMI/FL
09/28/14, 11 :47 AM (786) 326-2803 Incoming 9
09/28/14, 1: 11 PM (617) 982-8080 Incoming (F)
09/28/14, 3:12 PM (786) 326-2803 to MIAMI/FL 3
09/28/14, 4:01 PM (781) 771-4456 to LYNN/MA (F)
09/28/14, 4:01 PM (781) 771-4456 to LYNN/MA (F)
09/28/14, 4:02 PM (781) 771-4456 to LYNN/MA (F)
09/28/14, 4:02 PM (781) 771-4456 Incoming (F) 2
09/28/14, 4:04 PM (617) 605-4500 to MALDEN/MA 2
09/28/14, 5:12 PM (781) 771-4456 to LYNN/MA (F)
09/29/14, 7:23 AM (781) 771-4456 to LYNN/MA (F) 2
09/29/14, 9:04 AM (781) 771-4456 to LYNN/MA (F)
09/29/14, 9:46 AM (781) 771-4456 to LYNN/MA (F) 5
09/29/14, 10:29 AM (781) 953-5412 to REVERE/MA (F) 2
09/29/14, 11 :01 AM (800) 932-3822 Incoming
09/29/14, 11:14AM (781) 367-1456 to WOBURN/MA 8
09/29/14, 11 :22 AM (508) 843-5538 to BEVERLY/MA (A) 3
09/29/14, 11 :25 AM (508) 843-5538 Incoming 2
09/29/14, 11 :52 AM (786) 326-2803 Incoming 2
09/29/14, 1 :24 PM (781) 760-2680 to V\1NCHESTER/MA
09/29/14, 1 :30 PM (508) 572-0001 to BILLERICA/MA
09/29/14, 1 :31 PM 123 VM Retrieval (G)
09/29/14, 1 :31 PM (508) 572-0001 Incoming (A) 2
09/29/14, 1 :33 PM 123 VM Retrieval (G)
09/29/14, 1 :34 PM (917) 868-0883 to QUEENS NYC/NY 5
09/29/14, 2:28 PM (781) 953-5412 to REVERE/MA (F) 2
09/29/14, 3:58 PM (786) 326-2803 Incoming 3
09/29/14, 4:10 PM (857) 247-4360 Incoming (F) 1
09/29/14, 5:28 PM (781) 771-4456 Incoming (F)
09/29/14, 5:37 PM (781) 760-2680 to V\1NCHESTER/MA 3
09/29/14, 5:40 PM (857) 247-4360 to BOSTON/MA (F)
09/29/14, 5:50 PM (857) 247-4360 Incoming (F) 8
09/29/14, 6:26 PM (610) 509-9721 to ALLENTOWN/PA 7
09/29/14, 9:10 PM (800) 932-3822 Incoming
09/30/14, 9:54 AM 123 VM Retrieval (G)
09/30/14, 9:55 AM (617) 939-1462 to BOSTON/MA
09/30/14, 11 :43 AM (617) 970-3245 to EASTBOSTON/MA (F)
09/30/14, 12:49 PM 123 VM Retrieval (G)
Page AS of A44
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ V\1-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
09/30/14, 12:50 PM (781) 558-8518 to SAUGUS/MA 2
09/30/14, 2: 11 PM 123 VM Retrieval (G)
09/30/14, 2:17 PM 123 VM Retrieval (G)
09/30/14, 2:33 PM (786) 326-2803 Incoming (A) 5
09/30/14, 2:39 PM 123 VM Retrieval (G)
09/30/14, 3:27 PM (781) 760-2680 to V\1NCHESTER/MA
09/30/14, 3:28 PM (781) 760-2680 to V\1NCHESTER/MA (A)
09/30/14, 3:28 PM (781) 760-2680 Incoming (A) 2
09/30/14, 3:31 PM (703) 996-11 00 Incoming
09/30/14, 3:59 PM (781) 953-7151 to REVERE/MA
09/30/14, 4:24 PM (781) 953-7151 to REVERE/MA 6
09/30/14, 4:47 PM (617) 939-1462 Incoming
09/30/14, 7:37 PM (786) 326-2803 Incoming 2
09/30/14, 9:09 PM (781) 727-6036 Incoming 4
10/01/14, 8:12 AM (617) 605-4500 to MALDEN/MA 14
10/01/14, 8:52 AM (786) 326-2803 to MIAMI/FL
10/01 /14, 9:42 AM (781) 953-5412 Incoming (F)
10/01/14, 10:03 AM (978) 500-9000 Incoming
10/01/14, 10:15 AM 8664264480 1-866# 3
10/01/14, 10:32 AM (610) 509-9721 Incoming 5
10/01/14, 11:01 AM (781) 231-4595 to SAUGUS/MA 3
10/01/14, 12:23 PM (786) 326-2803 Incoming 2
10/01/14, 12:30 PM (781) 760-2680 to V\1NCHESTER/MA
10/01/14, 12:56 PM (714) 336-6613 to ANAHEIM/CA 2
10/01/14, 2:59 PM (786) 326-2803 to MIAMI/FL 5
10/01/14, 3:47 PM (443) 324-9099 Incoming 2
10/01/14, 4:11 PM (781) 771-4456 Incoming (F) 2
10/01/14, 5:07 PM 123 VM Retrieval (G) 2
10/01/14, 5:09 PM (703) 651-3447 to DULLES/VA 4
10/01/14, 5:12 PM (714) 336-6613 to ANAHEIM/CA (A) 6
10/01/14, 5:17 PM (786) 326-2803 Incoming (A) 5
10/01/14, 5:25 PM (561) 767-0490 to BOYTONBCH/FL
10/01/14, 5:26 PM (561) 945-5381 to DELRAY BCH/FL 2
10/01/14, 5:28 PM (786) 326-2803 to MIAMI/FL
10/01/14, 5:28 PM (561) 945-5381 Incoming
10/01/14, 5:30 PM (786) 326-2803 Incoming 8
10/01 /14, 5:46 PM (617) 699-7798 Incoming 7
10/01/14, 6:16 PM 123 VM Retrieval (G) 1
10/01/14, 7:09 PM (561) 945-5381 to DELRAY BCH/FL
10/01 /14, 7:49 PM (781) 727-6036 to NEEDHAM/MA
10/01/14, 8:09 PM (239) 285-1666 to NAPLES/FL
10/01/14, 9:50 PM (786) 326-2803 to MIAMI/FL
10/01 /14, 10:27 PM (786) 326-2803 Incoming 15
10/01/14, 11:09 PM (786) 326-2803 to MIAMI/FL 14
10/02/14, 8:46 AM 123 VM Retrieval (G) 3
10/02/14, 8:51 AM (781) 385-9417 Incoming 2
10/02/14, 10:15 AM (786) 326-2803 Incoming 2
10/02/14, 10:32 AM (786) 326-2803 Incoming 3
10/02/14, 11 :04 AM (786) 326-2803 to MIAMI/FL (A) 4
10/02/14, 11:12AM (786) 326-2803 to MIAMI/FL 2
10/02/14, 12:15 PM 123 VM Retrieval (G)
10/02/14, 12:15 PM (216) 800-8496 to CLEVELAND/OH
10/02/14, 12:24 PM (781) 599.5334 Incoming 5
10/02/14, 12:30 PM (617) 605-4500 to MALDEN/MA 2
10/02/14, 1:11 PM (786) 326-2803 to MIAMI/FL
10/02/14, 2:31 PM (617) 820-1248 Incoming (F) 2
10/02/14, 3:11 PM (786) 326-2803 to MIAMI/FL 1
10/02/14, 4:49 PM (786) 326-2803 to MIAMI/FL 3
10/02/14, 4:54 PM (786) 326-2803 Incoming 3
10/02/14, 4:57 PM (781) 367-1456 Incoming 5
10/02/14, 5:06 PM (781) 760-2680 to V\1NCHESTER/MA 2
10/02/14, 5:27 PM (781) 727-6036 to NEEDHAM/MA 2
10/02/14, 5:29 PM (786) 326-2803 Incoming 4
10/02/14, 6:20 PM (781) 727-6036 Incoming (A) 2
10/02/14, 6:21 PM (617) 699-7798 to BOSTON/MA 2
10/02/14, 6:45 PM (617) 605-4500 to MALDEN/MA 3
10/02/14, 7:31 PM (786) 326-2803 to MIAMI/FL 2
Page AS of A44
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ V\1-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time w here the mobile was located.
Date and time Number Description Type Min Amount
10/02/14, 8:45 PM (617) 605-4500 to MALDEN/MA
10/02/14, 10:03 PM (781) 760-2680 to V\1NCHESTER/MA 2
10/03/14, 7:56 AM (617) 699-7798 Incoming
10/03/14, 7:58 AM (781) 771-4456 to LYNN/MA (F)
10/03/14, 8:09 AM (786) 326-2803 Incoming 5
10/03/14, 8:15 AM (786) 326-2803 Incoming 6
10/03/14, 9:06 AM (781) 385-9417 Incoming
10/03/14, 9:08 AM (781) 771-4456 Incoming (A) 3
10/03/14, 9:10 AM 123 VM Retrieval (G) 2
10/03/14, 9:15 AM (781) 771-4456 Incoming (A) 3
10/03/14, 9:17 AM (786) 326-2803 Incoming (A) 4
10/03/14, 9:36 AM (786) 326-2803 Incoming 3
10/03/14, 9:52 AM (786) 326-2803 Incoming
10/03/14, 10:16 AM (786) 326-2803 Incoming 2
10/03/14, 10:39 AM (786) 326-2803 Incoming 2
10/03/14, 11 :11 AM (786) 326-2803 Incoming 3
10/03/14, 11 :42 AM (786) 326-2803 to MIAMI/FL
10/03/14, 11 :48 AM (786) 326-2803 Incoming 2
10/03/14, 12:15 PM (786) 326-2803 Incoming 3
10/03/14, 12:27 PM (617) 201-6996 to CAMBRIDGE/MA 2
10/03/14, 1 :35 PM (617) 699-7798 to BOSTON/MA 2
10/03/14, 1 :37 PM (781) 727-6036 to NEEDHAM/MA 2
10/03/14, 2:13 PM (786) 326-2803 Incoming 2
10/03/14, 2:17 PM (786) 326-2803 Incoming 5
10/03/14, 3:19 PM 123 VM Retrieval (G)
10/03/14, 3:42 PM (786) 326-2803 to MIAMI/FL 2
10/03/14, 3:50 PM (781) 760-2323 to V\1NCHESTER/MA
10/03/14, 3:55 PM (781) 231-4595 to SAUGUS/MA
10/03/14, 4:19 PM (786) 326-2803 Incoming (A)
10/03/14, 4:20 PM (781) 760-2323 Incoming (A) 3
10/03/14, 4:50 PM (786) 326-2803 to MIAMI/FL 4
10/03/14, 4:59 PM (786) 326-2803 Incoming 3
10/03/14, 6:18 PM (832) 94 7 -9940 Incoming 3
10/04/14, 8:12 AM (786) 326-2803 Incoming 10
10/04/14, 9:02 AM (781) 760-2680 to V\1NCHESTER/MA
10/04/14, 9:21 AM (617) 970-3245 to EASTBOSTON/MA (F) 2
10/04/14, 9:30 AM (617) 782-8224 to BRIGHTON/MA
10/04/14, 2:23 PM (978) 372-2553 Incoming
10/04/14, 5:22 PM (786) 326-2803 to MIAMI/FL 7
10/04/14, 5:29 PM (786) 326-2803 Incoming 6
10/04/14, 7:08 PM (781) 771-4456 to LYNN/MA (F) 17
10/04/14, 10:56 PM (800) 932-3822 Incoming
10/05/14, 12:08 AM 123 VM Retrieval (G)
10/05/14, 1 :32 AM (781) 581-1212 to LYNN/MA
10/05/14, 1 :42 AM (781) 581-1212 to LYNN/MA
10/05/14, 10:24 AM (786) 326-2803 to MIAMI/FL
10/05/14, 11 :23 AM (786) 326-2803 Incoming 10
10/05/14, 11 :47 AM (508) 280-6502 Incoming 2
10/05/14, 12:11 PM (617) 782-8222 to BRIGHTON/MA 4
10/05/14, 1 :05 PM (781) 760-2680 Incoming 3
10/05/14, 1 :25 PM (781) 760-2680 Incoming 5
10/05/14, 1 :30 PM (917) 975-4126 to BKLYN NYC/NY
10/05/14, 5:17 PM (781) 853-8414 to REVERE/MA
10/05/14, 5:19 PM (781) 853-8414 Incoming
10/05/14, 5:46 PM (781) 581-9994 to LYNN/MA
10/05/14, 5:48 PM (617) 939-1462 to BOSTON/MA 3
10/05/14, 5:58 PM (781) 771-4456 Incoming (A) 6
10/05/14, 5:59 PM (305) 318-7590 Incoming (A)
10/05/14, 6:18 PM (305) 318-7590 Incoming 3
10/05/14, 9:00 PM (786) 326-2803 to MIAMI/FL 2
10/05/14, 9:02 PM 123 VM Retrieval (G) 2
10/05/14, 10:10 PM (786) 326-2803 to MIAMI/FL
10/06/14, 8:14 AM (786) 326-2803 to MIAMI/FL 3
10/06/14, 8:40 AM (781) 424-8714 to NORWELL/MA
10/06/14, 8:45 AM (781) 424-8714 Incoming 2
10/06/14, 8:55 AM 123 VM Retrieval (G)
10/06/14, 8:56 AM (585) 381-64 7 4 to EROCHESTER/NY 4
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
10/06/14, 9:18 AM (781) 760-2680 to V\1NCHESTER/MA 2
10/06/14, 9:54 AM (786) 326-2803 to MIAMI/FL
10/06/14, 9:58 AM (786) 326-2803 Incoming 3
10/06/14, 10:20 AM (781) 888-3338 to RANDOLPH/MA 5
10/06/14, 11 :47 AM 123 VM Retrieval (G) 2
10/06/14, 11 :50 AM (786) 326-2803 Incoming 2
10/06/14, 2:36 PM (786) 326-2803 Incoming
10/06/14, 2:42 PM (786) 326-2803 Incoming 2
10/06/14, 3:24 PM (786) 326-2803 Incoming 8
10/06/14, 4:46 PM (786) 326-2803 to MIAMI/FL 1
10/06/14, 4:54 PM (786) 326-2803 Incoming 2
10/06/14, 5:43 PM (786) 326-2803 to MIAMI/FL
10/06/14, 6:38 PM (786) 326-2803 Incoming 3
10/06/14, 7:36 PM (781) 771-4456 to LYNN/MA (F) 23
10/06/14, 8:15 PM (786) 326-2803 Incoming 4
10/06/14, 8:20 PM (786) 326-2803 Incoming 4
10/06/14, 8:23 PM (786) 326-2803 Incoming
10/06/14, 8:36 PM (786) 326-2803 to MIAMI/FL 4
10/06/14, 8:42 PM (786) 326-2803 Incoming
10/06/14, 8:51 PM (617) 994-6491 Incoming
10/06/14, 9:13 PM (786) 326-2803 to MIAMI/FL
10/07/14, 10:14 AM (786) 326-2803 Incoming 3
10/07/14, 10:17 AM (786) 326-2803 Incoming
10/07/14, 12:48 PM (786) 326-2803 Incoming 2
10/07/14, 2:01 PM (781) 853-8414 to REVERE/MA 4
10/07/14, 5:35 PM (781) 760-2680 Incoming 2
10/07/14, 6:26 PM (617) 939-1462 to BOSTON/MA 2
10/07/14, 7:36 PM (781) 771-4456 to LYNN/MA (A) 11
10/07/14, 7:46 PM (857) 277-5563 Incoming (A)
10/07/14, 7:47 PM (617) 970-3245 to EASTBOSTON/MA (F) 5
10/08/14, 7:39 AM (781) 424-8714 to NORWELL/MA 3
10/08/14, 9:05 AM (786) 326-2803 to MIAMI/FL
10/08/14, 9:51 AM (617) 939-1462 Incoming
10/08/14, 9:55 AM (786) 326-2803 to MIAMI/FL
10/08/14, 9:59 AM (781) 888-3338 to RANDOLPH/MA 4
10/08/14, 10:29 AM (401) 465-1980 to PROVIDENCE/RI
10/08/14, 11:16AM (781) 844-9253 to ARLINGTON/MA
10/08/14, 12:57 PM 123 VM Retrieval (G)
10/08/14, 12:58 PM (617) 782-8222 to BRIGHTON/MA
10/08/14, 1 :53 PM (786) 326-2803 to MIAMI/FL
10/08/14, 2:01 PM 123 VM Retrieval (G)
10/08/14, 2:22 PM (781) 844-9253 to ARLINGTON/MA
10/08/14, 2:23 PM (781) 844-9253 Incoming 6
10/08/14, 2:29 PM (617) 939-1462 to BOSTON/MA 2
10/08/14, 2:53 PM (781) 231-4143 Incoming (A) 2
10/08/14, 2:54 PM (617) 939-1462 Incoming (A) 2
10/08/14, 3:13 PM (781) 367-1456 to WOBURN/MA 16
10/08/14, 4:24 PM (781) 820-1452 to SAUGUS/MA 2
10/08/14, 4:26 PM (617) 970-3245 to EASTBOSTON/MA (F) 3
10/08/14, 4:35 PM (781) 820-1452 Incoming
10/08/14, 4:46 PM (617) 605-4500 Incoming (A) 7
10/08/14, 4:53 PM (781) 820-1452 to SAUGUS/MA
10/08/14, 5:34 PM (781) 599.5333 to LYNN/MA 6
10/08/14, 6:16 PM (508) 922-5367 Incoming 3
10/08/14, 6:25 PM (781) 367-1456 to WOBURN/MA 3
10/08/14, 7:21 PM (617) 605-4500 to MALDEN/MA 1
10/08/14, 7:53 PM (781) 771-4456 to LYNN/MA (F) 16
Total: 2,164 $0.00
Text
The date and time correst2onds to Pacific Time (PST/PDT).
Date and time Number Destination Direction Type Amou nt
09/09/14, 5:47 AM (617) 901-6173 Boston, MA Outgoing Text
09/09/14, 6:57 AM (561) 767-0490 Boytonbch, FL Outgoing Text
09/09/14, 6:58 AM (561) 767-0490 Boytonbch, FL Incoming Text
09/09/14, 6:58 AM (561) 767-0490 Boytonbch, FL Outgoing Text
09/09/14, 7:02 AM (561) 767-0490 Boytonbch, FL Incoming Text
PageA11 ofA44
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Text
The date and time correst2onds to Pacific Time (PST/PDT).
Date and time Number Destination Direction Type Amount
09/29/14, 6:53 PM (781) 853-8414 Revere, MA Incoming Text
09/29/14, 6:54 PM (781) 853-8414 Revere, MA Outgoing Text
09/30/14, 7:10 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 7:19 AM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 7:21 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 7:22 AM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 8:40 AM (305) 318-7590 North Dade, FL Outgoing Text
09/30/14, 8:40 AM (305) 318-7590 North Dade, FL Outgoing Text
09/30/14, 9:20 AM (305) 318-7590 North Dade, FL Incoming Text
09/30/14, 11:19AM (617) 939-1462 Boston, MA Outgoing Text
09/30/14, 11 :25 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 11 :25 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 11 :26 AM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 11 :26 AM (305) 318-7590 North Dade, FL Outgoing Text
09/30/14, 11 :26 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 11 :27 AM (617) 939-1462 Boston, MA Incoming Text
09/30/14, 11 :28 AM (617) 939-1462 Boston , MA Outgoing Text
09/30/14, 11 :29 AM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 11 :32 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 11 :34 AM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 11 :39 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 11 :50 AM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 11 :50 AM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 11 :51 AM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 12:21 PM (239) 285-1666 Naples, FL Incoming Text
09/30/14, 12:24 PM (239) 285-1666 Naples, FL Outgoing Text
09/30/14, 12:25 PM (239) 285-1666 Naples, FL Incoming Text
09/30/14, 1 :09 PM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 1 :24 PM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 2: 11 PM (781) 760-2680 Winchester, MA Incoming Text
09/30/14, 2:23 PM (781) 760-2680 Winchester, MA Outgoing Text
09/30/14, 2:52 PM (610) 509-9721 Allentown, PA Incoming Text
09/30/14, 2:54 PM (610) 509-9721 Allentown, PA Outgoing Text
09/30/14, 3:40 PM (603) 997-2171 Hampton, NH Outgoing Text
09/30/14, 3:47 PM (857) 247-4360 Boston , MA Outgoing Text
09/30/14, 4:57 PM (603) 997-2171 Hampton, NH Incoming Text
09/30/14, 5:04 PM (786) 326-2803 Miami, FL Outgoing Text
09/30/14, 6:06 PM (781) 727-6036 Needham, MA Outgoing Text
09/30/14, 6:07 PM (786) 326-2803 Miami, FL Outgoing Text
10/01/14, 6:23 AM (786) 326-2803 Miami, FL Outgoing Text
10/01/14, 6:41 AM (781) 953-5412 Revere, MA Outgoing Text
10/01/14, 7:24 AM (781) 853-8414 Revere, MA Incoming Text
10/01/14, 7:30 AM (781) 853-8414 Revere, MA Outgoing Text
10/01/14, 7:31 AM (610) 509-9721 Allentown, PA Outgoing Text
10/01/14, 7:31 AM (610) 509-9721 Allentown, PA Outgoing Text
10/01/14, 7:36 AM (781) 853-8414 Revere, MA Incoming Text
10/01/14, 9:04 AM (617) 768-7000 Cambridge, MA Incoming Text
10/01/14, 9:06 AM (617) 768-7000 Cambridge, MA Outgoing Text
10/01/14, 9:08 AM (617) 768-7000 Cambridge, MA Incoming Text
10/01/14, 9:09 AM (617) 768-7000 Cambridge, MA Outgoing Text
10/01/14, 10:15 AM 17863262803 Incoming Picture
10/01/14, 10:17 AM 17863262803 Incoming Picture
10/01/14, 10:17 AM (917) 975-4126 Bklyn Nye, NY Outgoing Text
10/01/14, 11:16AM (786) 326-2803 Miami, FL Incoming Text
10/01/14, 1:54 PM (239) 285-1666 Naples, FL Incoming Text
10/01/14, 1:56 PM (239) 285-1666 Naples, FL Incoming Text
10/01/14, 4:11 PM 12392851666 Outgoing Picture
10/01/14, 4:25 PM (857) 247-4360 Boston, MA Outgoing Text
10/01/14, 4:54 PM (857) 247-4360 Boston , MA Incoming Text
10/01/14, 4:55 PM (857) 247-4360 Boston, MA Outgoing Text
10/01/14, 4:56 PM (857) 247-4360 Boston , MA Incoming Text
10/01/14, 4:57 PM (857) 247-4360 Boston, MA Incoming Text
10/01/14, 4:57 PM (857) 247-4360 Boston , MA Incoming Text
10/01/14, 4:57 PM (857) 247-4360 Boston, MA Outgoing Text
10/01/14, 5:10 PM (239) 285-1666 Naples, FL Outgoing Text
10/01/14, 5:39 PM (857) 247-4360 Boston, MA Outgoing Text
10/01 /14, 5:49 PM (312) 560-4800 Chicago, IL Incoming Text
Usage details
(781) 244-4474
Talk
The date and time corres(2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
10/09/14, 8:20 AM 123 VM Retrieval (G) 3
10/09/14, 8:32 AM 123 VM Retrieval (G) 2
10/09/14, 8:36 AM (786) 326-2803 Incoming 6
10/09/14, 9:03 AM (781) 727-6036 Incoming 6
10/09/14, 9:12 AM (786) 326-2803 to MIAMI/FL 2
10/09/14, 10:15 AM (786) 326-2803 Incoming 2
10/09/14, 10:20 AM (786) 326-2803 to MIAMI/FL 4
10/09/14, 10:25 AM (786) 326-2803 Incoming 1
10/09/14, 10:27 AM (786) 326-2803 to MIAMI/FL 2
10/09/14, 10:30 AM (786) 326-2803 Incoming 4
10/09/14, 10:42 AM (786) 326-2803 to MIAMI/FL (A)
10/09/14, 10:42 AM (908) 725-2200 Incoming (A) 2
10/09/14, 10:44 AM (786) 326-2803 to MIAMI/FL
10/09/14, 10:50 AM (908) 725-2200 Incoming
10/09/14, 10:51 AM (786) 326-2803 to MIAMI/FL 5
10/09/14, 10:58 AM (508) 922-5367 to HOPKINTON/MA 2
10/09/14, 11 :00 AM (617) 970-3245 to EASTBOSTON/MA (F)
10/09/14, 11 :03 AM (617) 970-3245 Incoming (F)
10/09/14, 11:14AM (908) 725-2200 Incoming 2
10/09/14, 11 :23 AM (786) 326-2803 Incoming (A) 2
10/09/14, 11 :26 AM (508) 922-5367 to HOPKINTON/MA 2
10/09/14, 11 :30 AM (786) 326-2803 to MIAMI/FL 5
10/09/14, 11 :38 AM (617) 939-1462 to BOSTON/MA 3
10/09/14, 11 :42 AM (781) 558-2070 to SAUGUS/MA 2
10/09/14, 1:19 PM (781) 844-9253 to ARLINGTON/MA
10/09/14, 1:19 PM (617) 939-1462 to BOSTON/MA 2
10/09/14, 1 :27 PM (786) 326-2803 to MIAMI/FL 2
10/09/14, 2:30 PM (786) 326-2803 to MIAMI/FL 8
10/09/14, 3:42 PM (703) 996-1100 to DULLES/VA 2
10/09/14, 3:47 PM (786) 326-2803 to MIAMI/FL 6
10/09/14, 4:05 PM 123 VM Retrieval (G)
10/09/14, 4:32 PM (703) 996-1100 Incoming 3
10/09/14, 5:33 PM (617) 605-4500 to MALDEN/MA 7
10/09/14, 5:51 PM (617) 699-7798 to BOSTON/MA 4
10/09/14, 6:09 PM (781) 727-6036 to NEEDHAM/MA 3
10/09/14, 8:21 PM (781) 535-4126 to BRAINTREE/MA (F) 2
10/09/14, 8:23 PM (786) 326-2803 to MIAMI/FL 4
10/09/14, 8:28 PM (781) 727-6036 to NEEDHAM/MA 2
10/09/14, 8:46 PM (610) 509-9721 to ALLENTOWN/PA 7
10/09/14, 9:27 PM (617) 605-4500 Incoming 2
10/10/14, 8:16 AM (718) 844-3380 Incoming (F) 2
10/10/14, 8:19 AM (781) 760-2680 to V\1NCHESTER/MA 2
10/10/14, 8:42 AM (781) 760-2680 to V\1NCHESTER/MA 5
10/10/14, 8:47 AM (786) 326-2803 to MIAMI/FL
10/10/14, 8:50 AM 123 VM Retrieval (G)
10/10/14, 9:19 AM (718) 844-3380 Incoming (F)
10/10/14, 9:24 AM (786) 326-2803 to MIAMI/FL
10/10/14, 9:53 AM (617) 939-1462 Incoming
10/10/14, 10:52 AM 123 VM Retrieval (G) 3
10/10/14, 10:55 AM (773) 230-6900 to CHICAGO/IL 2
10/10/14, 10:59 AM (781) 385-9417 to HINGHAM/MA
10/10/14, 11:21 AM (561) 891-8554 Incoming 6
10/10/14, 1:15 PM (781) 760-2680 Incoming
10/10/14, 1:16 PM (508) 280-1312 to HYANNIS/MA
10/10/14, 1:20 PM (908) 725-2200 to SOMERVILLE/NJ 3
10/10/14, 1:25 PM (617) 538-6058 to WAL THAM/MA 3
10/10/14, 4:12 PM 123 VM Retrieval (G)
10/10/14, 4:12 PM (773) 230-6900 to CHICAGO/IL 2
10/10/14, 4:45 PM (773) 230-6900 Incoming 3
10/10/14, 4:56 PM (773) 230-6900 to CHICAGO/IL
10/10/14, 5:46 PM (781) 771-4456 to LYNN/MA (F) 4
10/10/14, 6:02 PM (786) 326-2803 to MIAMI/FL
10/10/14, 6:39 PM (617) 797-0200 Incoming 16
10/11/14, 9:17 AM (781) 760-2680 Incoming
10/11/14, 9:39 AM (617) 982-8080 to BOSTON/MA (F) 2
Page A1 of A43
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
10/14/14, 12:29 PM (781) 599-0096 to LYNN/MA
10/14/14, 12:34 PM (617) 731-1700 to BROOKLINE/MA
10/14/14, 12:37 PM (617) 666-4100 to SOMERVILLE/MA
10/14/14, 12:37 PM (617) 666-8333 to SOMERVILLE/MA 3
10/14/14, 12:41 PM (781) 444.4747 to NEEDHAM/MA 3
10/14/14, 12:45 PM (978) 815-5579 to LOWELUMA 2
10/14/14, 12:47 PM (508) 626-7000 to FRAMINGHAM/MA 2
10/14/14, 12:49 PM (786) 326-2803 Incoming
10/14/14, 12:51 PM (786) 326-2803 to MIAMI/FL 2
10/14/14, 12:53 PM (508) 626-7000 to FRAMINGHAM/MA 2
10/14/14, 12:55 PM (508) 270-5491 to FRAMINGHAM/MA (A) 2
10/14/14, 12:56 PM (617) 257-0190 Incoming (A) 3
10/14/14, 1:02 PM (617) 257-3595 to SAUGUS/MA
10/14/14, 1:04 PM (781) 718-6868 to LYNN/MA 2
10/14/14, 1:09 PM (508) 843-1919 to BEVERLY/MA 2
10/14/14, 1:13 PM (781) 662-3498 to MELROSE/MA 2
10/14/14, 1:14 PM (781) 710-3666 to LYNN/MA 7
10/14/14, 1:25 PM (781) 521-2802 to SAUGUS/MA 2
10/14/14, 1:27 PM (617) 699-6998 to BOSTON/MA 2
10/14/14, 1:29 PM (617) 593-9111 to BOSTON/MA 2
10/14/14, 1:31 PM (617) 593-9111 to BOSTON/MA
10/14/14, 1:32 PM (617) 593-9111 to BOSTON/MA
10/14/14, 1:33 PM (781) 389-9270 to V\1NCHESTER/MA 2
10/14/14, 1:36 PM (781) 599-0096 to LYNN/MA 3
10/14/14, 2:26 PM (614) 571-7 450 to COLUMBUS/OH 2
10/14/14, 2:28 PM (781) 760-2680 Incoming 3
10/14/14, 2:41 PM (781) 771-4456 to LYNN/MA (F) 3
10/14/14, 3:25 PM (786) 326-2803 Incoming 2
10/14/14, 3:43 PM (781) 760-2680 Incoming
10/14/14, 4:26 PM (786) 326-2803 Incoming 7
10/14/14, 4:55 PM (786) 326-2803 to MIAMI/FL 3
10/14/14, 4:59 PM (786) 326-2803 to MIAMI/FL 3
10/14/14, 5:07 PM (786) 326-2803 Incoming
10/14/14, 5:18 PM (786) 326-2803 Incoming
10/14/14, 5:46 PM (786) 326-2803 to MIAMI/FL
10/14/14, 6:21 PM (786) 326-2803 Incoming
10/14/14, 7:07 PM (786) 326-2803 Incoming 9
10/14/14, 7:16 PM (786) 326-2803 Incoming
10/14/14, 7:50 PM (508) 612-557 4 to WORCESTER/MA 2
10/14/14, 7:55 PM (617) 835-2100 to BOSTON/MA 5
10/14/14, 8:01 PM (617) 512-3767 to BOSTON/MA 5
10/14/14, 8:42 PM (781) 558-8518 to SAUGUS/MA
10/14/14, 8:43 PM 123 VM Retrieval (G)
10/14/14, 8:44 PM (917) 975-4126 to BKLYN NYC/NY
10/14/14, 8:44 PM (201) 216-9491 to JERSEYCITY/NJ
10/15/14, 8:03 AM (781) 558-8518 to SAUGUS/MA
10/15/14, 8:08 AM (781) 558-8518 to SAUGUS/MA
10/15/14, 8:28 AM (781) 231-4129 to SAUGUS/MA 3
10/15/14, 8:31 AM (781) 983-4633 to V\1NCHESTER/MA 3
10/15/14, 8:49 AM (786) 326-2803 to MIAMI/FL
10/15/14, 8:53 AM (617) 939-1462 to BOSTON/MA 7
10/15/14, 9:45 AM (786) 326-2803 Incoming 5
10/15/14, 10:38 AM (786) 326-2803 to MIAMI/FL
10/15/14, 10:43 AM (404) 669-5762 Incoming
10/15/14, 11:55AM (781) 599.5334 to LYNN/MA
10/15/14, 11:57 AM (786) 326-2803 to MIAMI/FL 2
10/15/14, 12:11 PM (781) 771-4456 to LYNN/MA (F) 1
10/15/14, 12:26 PM (781) 760-2680 Incoming 1
10/15/14, 12:38 PM (786) 326-2803 to MIAMI/FL
10/15/14, 12:41 PM (781) 760-2680 to V\1NCHESTER/MA
10/15/14, 12:50 PM (339) 987-8040 Incoming
10/15/14, 12:53 PM (617) 970-3245 to EASTBOSTON/MA (F)
10/15/14, 1:00 PM (404) 669-5762 Incoming 2
10/15/14, 1:04 PM (561) 945-5381 to DELRAY BCH/FL 2
10/15/14, 1:20 PM (786) 326-2803 Incoming 3
10/15/14, 1:23 PM (404) 669-5762 to ATLANTA/GA
10/15/14, 2:14 PM (781) 558-8518 Incoming 2
Page A3 of A43
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time w here the mobile was located.
Date and time Number Description Type Min Amount
10/21/14, 5:37 PM (978) 500-9000 Incoming 3
10/21/14, 7:12 PM (919) 380-6031 Incoming 2
10/21/14, 7:30 PM (781) 953-7151 to REVERE/MA 2
10/21/14, 7:32 PM (786) 326-2803 to MIAMI/FL
10/21/14, 7:36 PM (781) 760-2680 to V\1NCHESTER/MA
10/21/14, 7:41 PM (781) 771-4456 to LYNN/MA (F) 4
10/21 /14, 8:40 PM (781) 596-2525 Incoming 3
10/21 /14 , 8:44 PM (781) 853-8414 to REVERE/MA
10/21/14, 8:55 PM (786) 326-2803 Incoming 3
10/21/14, 9:13 PM (781) 953-7151 Incoming 2
10/22/14, 12:27 AM (718) 844-3380 Incoming (F) 2
10/22/14, 8:31 AM (781) 231-4500 Incoming 2
10/22/14, 8:51 AM (781) 558-8518 to SAUGUS/MA
10/22/14, 8:53 AM (781) 231-4111 Incoming 8
10/22/14, 9:01 AM (617) 939-1462 to BOSTON/MA 3
10/22/14, 9:28 AM (781) 581-1212 to LYNN/MA
10/22/14, 9:31 AM (617) 970-1011 to EASTBOSTON/MA 2
10/22/14, 9:33 AM (617) 970-1911 to EASTBOSTON/MA 2
10/22/14, 9:38 AM 8009905060 1-800#
10/22/14, 9:39 AM 8009905060 1-800#
10/22/14, 9:40 AM 8774496932 1-877# 2
10/22/14, 9:43 AM (617) 982-8080 to BOSTON/MA (F) 2
10/22/14, 11 :23 AM (617) 970-1911 Incoming 3
10/22/14, 11 :27 AM (617) 538-9070 to WAL THAM/MA
10/22/14, 11 :50 AM 8774496932 1-877# (A) 16
10/22/14, 12:06 PM (786) 326-2803 to MIAMI/FL
10/22/14, 12:08 PM (508) 270-5491 to FRAMINGHAM/MA 2
10/22/14, 12:10 PM (781) 953-7151 to REVERE/MA (A) 2
10/22/14, 12:12 PM (786) 326-2803 Incoming (A) 8
10/22/14, 12:34 PM (786) 326-2803 Incoming 2
10/22/14, 12:49 PM (781) 581-1212 Incoming 2
10/22/14, 1:13 PM (207) 475.4399 Incoming
10/22/14, 1 :35 PM (207) 475.4399 to KITTERY/ME 6
10/22/14, 2:12 PM (781) 858-1306 Incoming 2
10/22/14, 4:03 PM (908) 725-2200 Incoming
10/22/14, 5:36 PM (617) 605-4500 to MALDEN/MA
10/22/14, 5:38 PM (617) 699-7798 to BOSTON/MA 2
10/22/14, 5:43 PM (617) 605-4500 Incoming (A) 20
10/22/14, 7:13 PM 123 VM Retrieval (G)
10/22/14, 8:26 PM (786) 326-2803 to MIAMI/FL 11
10/23/14, 8:10 AM (617) 982-8080 Incoming (F) 3
10/23/14, 8:13 AM (617) 982-8080 to BOSTON/MA (F)
10/23/14, 8:14 AM (617) 982-8080 to BOSTON/MA (F)
10/23/14, 8:24 AM (781) 760-2680 to V\1NCHESTER/MA 2
10/23/14, 8:26 AM 123 VM Retrieval (G) 4
10/23/14, 8:28 AM (781) 760-2680 Incoming (A)
10/23/14, 8:41 AM (781) 775-7427 to WAL THAM/MA 2
10/23/14, 8:45 AM (781) 775-7427 Incoming 3
10/23/14, 9:06 AM (786) 326-2803 to MIAMI/FL
10/23/14, 9:07 AM (786) 326-2803 Incoming 4
10/23/14, 9:12 AM (786) 326-2803 Incoming 3
10/23/14, 9:14 AM (786) 326-2803 Incoming
10/23/14, 9:39 AM (786) 326-2803 to MIAMI/FL
10/23/14, 9:43 AM (786) 326-2803 to MIAMI/FL 2
10/23/14, 9:46 AM (786) 326-2803 Incoming
10/23/14, 10:12 AM (786) 326-2803 to MIAMI/FL 2
10/23/14, 10:45 AM (617) 970-3245 to EASTBOSTON/MA (F) 6
10/23/14, 11 :00 AM (978) 500-9000 to IPSV\1CH/MA
10/23/14, 11 :40 AM (786) 326-2803 Incoming
10/23/14, 12:29 PM 123 VM Retrieval (G)
10/23/14, 1:12 PM (305) 308-3313 to NORTH DADE/FL 2
10/23/14, 1:19 PM (786) 326-2803 Incoming 2
10/23/14, 1 :28 PM (786) 326-2803 Incoming 3
10/23/14, 1 :48 PM (617) 538-8888 to WAL THAM/MA
10/23/14, 2:05 PM (617) 710-3602 Incoming 3
10/23/14, 4:18 PM (781) 760-2680 to V\1NCHESTER/MA 2
10/23/14, 5:14 PM (781) 521-7499 Incoming 2
Page A7 of A43
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T -Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
10/30/14, 11 :37 AM (786) 326-2803 to MIAMI/FL
10/30/14, 12:44 PM (781) 820-1452 to SAUGUS/MA
10/30/14, 12:45 PM (786) 326-2803 to MIAMI/FL
10/30/14, 1:12 PM (786) 326-2803 to MIAMI/FL
10/30/14, 1 :40 PM (978) 423-4730 to LOWELL/MA 2
10/30/14, 1 :50 PM (781) 760-2680 to V\1NCHESTER/MA 5
10/30/14, 3:07 PM (617) 939-1462 Incoming 2
10/30/14, 3:48 PM (781) 760-2680 to V\1NCHESTER/MA
10/30/14, 3:48 PM (781) 760-2680 to V\1NCHESTER/MA 6
10/30/14, 4:39 PM (781) 771-4456 Incoming (F) 19
10/30/14, 5:00 PM (781) 760-2680 to V\1NCHESTER/MA (A) 16
10/30/14, 5:41 PM 123 VM Retrieval (G) 2
10/30/14, 6:19 PM 123 VM Retrieval (G)
10/30/14, 6:20 PM (617) 359-3962 to CAMBRIDGE/MA 5
10/30/14, 6:34 PM (617) 301-3387 Incoming 12
10/30/14, 6:48 PM (978) 500-9000 to IPSV\1CH/MA 10
10/30/14, 7:00 PM (561) 945-5381 to DELRAY BCH/FL
10/30/14, 7:01 PM (561) 767-0490 to BOYTONBCH/FL 3
10/30/14, 7:04 PM (978) 500-9000 to IPSV\1CH/MA 2
10/30/14, 7:29 PM (781) 760-2680 to V\1NCHESTER/MA 6
10/30/14, 8:11 PM (617) 301-3387 to CAMBRIDGE/MA 8
10/30/14, 8:56 PM (786) 326-2803 to MIAMI/FL 6
10/31/14, 8:05 AM (732) 895-1266 Incoming 3
10/31/14, 8:24 AM (617) 212-1880 to BOSTON/MA
10/31/14, 8:26 AM (617) 314-1448 to BOSTON/MA 2
10/31/14, 8:39 AM (617) 970-3245 to EASTBOSTON/MA (F)
10/31/14, 8:55 AM (617) 970-3245 to EASTBOSTON/MA (F)
10/31/14, 9:05 AM (617) 970-3245 Incoming (F)
10/31/14, 9:29 AM (508) 626-7000 to FRAMINGHAM/MA 2
10/31/14, 9:31 AM (857) 321-1002 Incoming 7
10/31/14, 10:10 AM (508) 962-8345 to FRAMINGHAM/MA 2
10/31/14, 11:30AM (617) 257-0190 to SAUGUS/MA (A) 4
10/31/14, 11:34AM (617) 710-8822 to CAMBRIDGE/MA 2
10/31/14, 11:41 AM (781) 599.5334 to LYNN/MA 6
10/31/14, 11:47 AM (786) 326-2803 to MIAMI/FL 12
10/31/14, 12:01 PM 123 VM Retrieval (G)
10/31/14, 12:25 PM (617) 749-6712 Incoming (F)
10/31/14, 12:33 PM (786) 326-2803 to MIAMI/FL (A) 4
10/31/14, 1:41 PM (781) 718-5036 to LYNN/MA 4
10/31/14, 2:28 PM (617) 759-8100 Incoming 4
10/31/14, 2:34 PM (617) 201-1714 to CAMBRIDGE/MA 7
10/31/14, 3:03 PM (617) 970-3245 to EASTBOSTON/MA (F) 2
10/31/14, 3:05 PM (617) 527-2717 to NEWTON/MA (A) 4
10/31/14, 3:09 PM (617) 959-3770 to BOSTON/MA (F) 4
10/31/14, 3:30 PM (786) 326-2803 to MIAMI/FL (A) 10
10/31/14, 3:40 PM (781) 760-2680 to V\1NCHESTER/MA
10/31/14, 4:31 PM (786) 326-2803 to MIAMI/FL
10/31/14, 4:32 PM (617) 888-6394 Incoming
10/31/14, 4:55 PM (561) 767-0490 to BOYTONBCH/FL
10/31/14, 4:56 PM (781) 710-3666 to LYNN/MA
10/31/14, 5:35 PM (617) 943-3382 to BOSTON/MA
10/31/14, 5:36 PM (617) 943-3382 Incoming
10/31/14, 5:43 PM (617) 970-3245 Incoming (F) 3
10/31/14, 5:45 PM (617) 943-3382 to BOSTON/MA
10/31/14, 7:44 PM (786) 326-2803 to MIAMI/FL 4
10/31/14, 8:14 PM (781) 771-4456 to LYNN/MA (F) 4
11/01/14, 8:14 AM (781) 718-5036 to LYNN/MA 2
11/01/14, 9:08 AM (781) 771-4456 to LYNN/MA (F) 6
11/01/14, 10:48 AM (617) 982-8080 to BOSTON/MA (F) 2
11/01/14, 10:50AM 123 VM Retrieval (G)
11/01/14, 10:50AM (617) 982-8080 Incoming (A)
11/01/14, 11:02AM (617) 970-3245 to EASTBOSTON/MA (F) 2
11/01/14, 11:04AM (781) 760-2680 to V\1NCHESTER/MA
11/01/14, 11:05AM (781) 234-4415 to DEDHAM/MA (A) 2
11/01/14, 11:07 AM (508) 397-8163 Incoming 2
11/01/14, 11:13AM (508) 397-8163 to NATICK/MA 4
11/01/14, 11:17 AM (786) 326-2803 to MIAMI/FL
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
11 /04/14, 12:44 PM (978) 500-9000 Incoming 4
11/04/14, 2:30 PM (800) 932-3822 Incoming
11/04/14, 2:31 PM (800) 932-3822 Incoming
11/04/14, 2:32 PM (781) 820-1452 to SAUGUS/MA
11/04/14, 2:33 PM 123 VM Retrieval (G)
11 /04/14, 2:48 PM (781) 820-1452 Incoming 2
11/04/14, 3:38 PM (781) 771-8333 to LYNN/MA (F) 2
11/04/14, 3:53 PM (617) 212-1880 to BOSTON/MA
11/04/14, 3:58 PM (617) 970-3245 to EASTBOSTON/MA (F) 1
11/04/14, 4:08 PM (781) 710-3666 to LYNN/MA 2
11/04/14, 4:28 PM 123 VM Retrieval (G)
11/04/14, 4:47 PM (617) 939-1462 to BOSTON/MA (A) 3
11/04/14, 4:50 PM (781) 771-8333 to LYNN/MA (F) 2
11/04/14, 4:56 PM (561) 767-0490 to BOYTONBCH/FL 2
11/04/14, 5:09 PM (786) 326-2803 to MIAMI/FL
11/04/14, 5:24 PM (781) 710-3666 to LYNN/MA 4
11 /04/14, 7:48 PM (786) 326-2803 to MIAMI/FL
11/04/14, 7:51 PM (781) 760-2680 to V\1NCHESTER/MA 5
11/04/14, 7:58 PM (781) 771-8333 to LYNN/MA (F) 7
11 /05/14, 8:49 AM (786) 326-2803 to MIAMI/FL (A) 5
11/05/14, 8:54 AM (508) 843-5538 Incoming (A) 7
11/05/14, 10:51 AM (786) 326-2803 Incoming 4
11/05/14, 12:17 PM (305) 321-0349 to MIAMI/FL 2
11/05/14, 12:58 PM (786) 326-2803 Incoming 4
11/05/14, 1:05 PM (786) 326-2803 to MIAMI/FL
11/05/14, 1:16 PM (617) 970-3245 to EASTBOSTON/MA (F) 2
11 /05/14, 1 :44 PM (786) 326-2803 to MIAMI/FL
11/05/14, 2:01 PM (781) 581-0929 to LYNN/MA
11/05/14, 2:03 PM (786) 326-2803 Incoming 2
11/05/14, 2:13 PM 123 VM Retrieval (G) 2
11/05/14, 2:21 PM (312) 560-4800 to CHICAGO/IL 15
11/05/14, 4:14 PM (786) 326-2803 to MIAMI/FL
11/05/14, 4:15 PM (786) 326-2803 Incoming 4
11/05/14, 4:33 PM (617) 389-3506 to EVERETT/MA 2
11/05/14, 4:39 PM (781) 231-4595 to SAUGUS/MA 2
11 /05/14, 4:41 PM (617) 389-3506 to EVERETT/MA (A) 3
11 /05/14, 4:43 PM (786) 326-2803 Incoming (A) 5
11/05/14, 5:02 PM (508) 922-5367 to HOPKINTON/MA 2
11/05/14, 5:10 PM (508) 270-5491 to FRAMINGHAM/MA 2
11/05/14, 6:08 PM (781) 727-6036 Incoming 4
11/05/14, 6:18 PM (786) 326-2803 to MIAMI/FL 5
11/05/14, 6:28 PM (781) 771-4456 Incoming (F) 6
11/05/14, 6:33 PM (781) 771-4456 to LYNN/MA (F)
11/05/14, 6:34 PM (786) 326-2803 Incoming 3
11 /05/14, 7:42 PM (786) 326-2803 Incoming 5
11/05/14, 7:50 PM (617) 710-8822 to CAMBRIDGE/MA 2
11/05/14, 8:26 PM (781) 581-0929 Incoming 3
11/05/14, 9:55 PM (786) 326-2803 Incoming 7
11/06/14, 8:31 AM (781) 760-2323 to V\1NCHESTER/MA 2
11/06/14, 8:54 AM (978) 500-9000 to IPSV\1CH/MA 2
11/06/14, 9:07 AM (617) 970-3245 Incoming (F) 2
11/06/14, 9:12 AM (508) 270-5491 Incoming 2
11/06/14, 9:20 AM (617) 970-3245 to EASTBOSTON/MA (F) 3
11 /06/14, 9:48 AM (781) 341-0116 to STOUGHTON/MA
11/06/14, 9:57 AM (347) 356-4351 to BKLYN NYC/NY 6
11/06/14, 10:12AM (617) 389-3506 to EVERETT/MA 4
11 /06/14, 10:25 AM (786) 326-2803 Incoming 1
11/06/14, 10:47 AM (786) 326-2803 to MIAMI/FL 2
11/06/14, 11:06AM (786) 326-2803 Incoming 2
11/06/14, 11 :11 AM (617) 699-6998 Incoming 2
11/06/14, 11:35AM (781) 953-7103 to REVERE/MA (F)
11/06/14, 12:29 PM (610) 509-9722 to ALLENTOWN/PA
11/06/14, 12:30 PM 123 VM Retrieval (G)
11/06/14, 2:03 PM 123 VM Retrieval (G)
11/06/14, 2:24 PM (786) 326-2803 Incoming 4
11/06/14, 2:58 PM (786) 326-2803 Incoming 3
11/06/14, 3:12 PM (786) 326-2803 Incoming 5
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
11/06/14, 3:30 PM (617) 212-1880 to BOSTON/MA 2
11/06/14, 3:36 PM (617) 212-1880 to BOSTON/MA 3
11/06/14, 5:16 PM (781) 341-0116 to STOUGHTON/MA
11/06/14, 5:32 PM (781) 596-9700 Incoming
11/06/14, 5:53 PM (978) 500-9000 Incoming 2
11/06/14, 5:55 PM (610) 509-9722 Incoming 6
11/06/14, 6:09 PM (617) 699-6998 Incoming 19
11/06/14, 6:59 PM (786) 326-2803 to MIAMI/FL 2
11/06/14, 7:09 PM (781) 760-2323 Incoming 1
11/06/14, 7:27 PM (786) 326-2803 to MIAMI/FL 3
11/06/14, 7:30 PM (781) 284-1556 to REVERE/MA (A)
11/06/14, 7:30 PM (781) 284-1556 Incoming (A) 19
11/06/14, 7:59 PM (781) 581-0929 Incoming
11/07/14, 8:26 AM (781) 771-4456 to LYNN/MA (F) 16
11/07/14, 10:25AM (617) 782-8222 to BRIGHTON/MA
11/07/14, 10:31 AM (305) 318-7590 to NORTH DADE/FL
11/07/14, 10:35AM (305) 318-7590 to NORTH DADE/FL
11/07/14, 11:29AM 123 VM Retrieval (G)
11/07/14, 11:30AM (857) 400-6747 to BOSTON/MA 5
11/07/14, 11:38AM (786) 326-2803 Incoming 5
11/07/14, 1:56 PM (781) 599-0096 Incoming 2
11/07/14, 2:58 PM (781) 341-0116 Incoming 11
11/07/14, 5:36 PM (508) 229-8312 Incoming 3
11/07/14, 5:39 PM (617) 782-8222 to BRIGHTON/MA 5
11/07/14, 5:55 PM (781) 760-2680 Incoming 2
11/07/14, 6:03 PM (781) 760-2680 to V\1NCHESTER/MA 2
11/07/14, 6:24 PM (781) 558-5210 to SAUGUS/MA
11/08/14, 8:20 AM (978) 500-9000 to IPSV\1CH/MA 3
11/08/14, 4:07 PM (978) 500-9000 Incoming
11/08/14, 4:30 PM (617) 970-3245 Incoming (F)
11/08/14, 4:36 PM (617) 970-3245 to EASTBOSTON/MA (F) 9
11 /08/14, 4:44 PM (617) 970-3245 Incoming (F)
11 /08/14, 5:48 PM (617) 782-8222 to BRIGHTON/MA 4
11/08/14, 9:07 PM (617) 605-4500 to MALDEN/MA 15
Total: 2,555 $0.00
Text
The date and time correst2onds to Pacific Time (PST/PDT).
Date and time Number Destination Direction Type Amount
10/09/14, 6:29 AM 17863262803 Outgoing Picture
10/09/14, 7:11 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 7:36 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 7:36 AM (786) 326-2803 Miami, FL Outgoing Text
10/09/14, 7:46 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 7:47 AM (786) 326-2803 Miami, FL Outgoing Text
10/09/14, 7:48 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 7:48 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 7:48 AM (786) 326-2803 Miami, FL Outgoing Text
10/09/14, 7:50 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 9:44 AM (786) 326-2803 Miami, FL Outgoing Text
10/09/14, 9:44 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 9:45 AM (786) 326-2803 Miami, FL Outgoing Text
10/09/14, 9:47 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 9:48 AM (786) 326-2803 Miami, FL Outgoing Text
10/09/14, 9:48 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 9:48 AM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 10:10 AM (617) 939-1462 Boston, MA Incoming Text
10/09/14, 10:11 AM (617) 939-1462 Boston, MA Outgoing Text
10/09/14, 10:11 AM (617) 939-1462 Boston, MA Incoming Text
10/09/14, 10:12 AM (617) 939-1462 Boston, MA Outgoing Text
10/09/14, 10:39 AM 17863262803 Incoming Picture
10/09/14, 12:05 PM (786) 326-2803 Miami, FL Incoming Text
10/09/14, 5:04 PM (781) 535-4126 Braintree, MA Incoming Text
10/10/14, 6:25 AM (786) 326-2803 Miami, FL Outgoing Text
10/10/14, 6:47 AM (617) 797-0200 Saugus, MA Incoming Text
10/10/14, 6:47 AM (617) 797-0200 Saugus, MA Outgoing Text
10/10/14, 7:58 AM (773) 230-6900 Chicago, IL Outgoing Text
Text
The date and time correst2onds to Pacific Time (PST/PDT).
Date and time Number Destination Direction Type Amount
11/03/14, 5:35 PM (857) 247-4360 Boston , MA Incoming Text
11/03/14, 5:35 PM (857) 247-4360 Boston, MA Incoming Text
11 /03/14, 5:46 PM (857) 247-4360 Boston , MA Outgoing Text
11/04/14, 4:52 AM (305) 318-7590 North Dade, FL Outgoing Text
11/04/14, 4:53 AM (732) 788-5250 Middletown , NJ Outgoing Text
11/04/14, 4:53 AM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 4:56 AM (305) 318-7590 North Dade, FL Incoming Text
11/04/14, 4:58 AM (781) 853-8414 Revere, MA Incoming Text
11/04/14, 5:38 AM (732) 788-5250 Middletown , NJ Incoming Text
11/04/14, 6:10 AM (781) 771-4456 Lynn, MA Incoming Text
11/04/14, 6:10 AM (781) 771-4456 Lynn , MA Outgoing Text
11/04/14, 8:47 AM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 8:55 AM (781) 853-8414 Revere, MA Incoming Text
11/04/14, 9:06 AM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 9:07 AM (781) 853-8414 Revere, MA Incoming Text
11/04/14, 9:34 AM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 9:36 AM (781) 853-8414 Revere, MA Incoming Text
11/04/14, 9:36 AM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 9:52 AM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 9:52 AM (781) 853-8414 Revere, MA Outgoing Text
11 /04/14, 10:21 AM (781) 760-2680 Winchester, MA Outgoing Text
11/04/14, 10:27 AM (781) 760-2680 Winchester, MA Incoming Text
11/04/14, 12:01 PM (781) 771-8333 Lynn , MA Incoming Text
11/04/14, 12:24 PM (781) 771-8333 Lynn, MA Outgoing Text
11/04/14, 12:30 PM (781) 771-8333 Lynn , MA Incoming Text
11/04/14, 12:31 PM (781) 771-8333 Lynn, MA Outgoing Text
11/04/14, 12:32 PM (781) 771-8333 Lynn , MA Incoming Text
11/04/14, 12:33 PM 17817718333 Incoming Picture
11/04/14, 12:36 PM (781) 771-8333 Lynn , MA Outgoing Text
11/04/14, 12:37 PM (781) 771-8333 Lynn, MA Incoming Text
11/04/14, 12:38 PM (781) 771-8333 Lynn , MA Incoming Text
11 /04/14, 12:40 PM (781) 771-8333 Lynn, MA Outgoing Text
11/04/14, 12:41 PM (781) 771-8333 Lynn , MA Incoming Text
11/04/14, 1:14 PM (617) 939-1462 Boston, MA Incoming Text
11/04/14, 1:15 PM (781) 771-8333 Lynn , MA Outgoing Text
11/04/14, 1:26 PM (781) 771-8333 Lynn, MA Incoming Text
11/04/14, 1:26 PM (781) 771-8333 Lynn , MA Incoming Text
11/04/14, 1:27 PM (781) 771-8333 Lynn, MA Outgoing Text
11/04/14, 1:29 PM (617) 939-1462 Boston , MA Outgoing Text
11 /04/14, 1 :45 PM (781) 771-8333 Lynn, MA Incoming Text
11 /04/14, 1 :46 PM (781) 771-8333 Lynn , MA Outgoing Text
11 /04/14, 1 :48 PM (781) 771-8333 Lynn, MA Incoming Text
11 /04/14, 1 :49 PM (781) 771-8333 Lynn , MA Outgoing Text
11/04/14, 3:39 PM (781) 771-8333 Lynn, MA Incoming Text
11/04/14, 3:39 PM (781) 771-8333 Lynn , MA Outgoing Text
11/04/14, 4:34 PM (617) 749-6712 Roxbury, MA Incoming Text
11/04/14, 4:34 PM (617) 749-6712 Roxbury, MA Incoming Text
11/04/14, 4:35 PM (617) 749-6712 Roxbury, MA Outgoing Text
11/04/14, 4:38 PM (617) 749-6712 Roxbury, MA Incoming Text
11/04/14, 4:38 PM (617) 749-6712 Roxbury, MA Outgoing Text
11/04/14, 4:39 PM (617) 749-6712 Roxbury, MA Outgoing Text
11 /04/14, 4:41 PM (617) 749-6712 Roxbury, MA Incoming Text
11 /04/14, 4:42 PM (617) 749-6712 Roxbury, MA Outgoing Text
11/04/14, 5:17 PM (732) 687-8477 Middletown, NJ Incoming Text
11/04/14, 5:17 PM (732) 687-8477 Middletown , NJ Incoming Text
11/04/14, 5:17 PM (732) 687-8477 Middletown, NJ Incoming Text
11/04/14, 5:20 PM (732) 687-8477 Middletown , NJ Outgoing Text
11/04/14, 5:21 PM (732) 687-8477 Middletown, NJ Incoming Text
11 /04/14, 6:44 PM (781) 853-8414 Revere, MA Incoming Text
11 /04/14, 6:44 PM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 6:47 PM (781) 853-8414 Revere, MA Incoming Text
11 /04/14, 6:49 PM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 6:56 PM (781) 853-8414 Revere, MA Incoming Text
11/04/14, 6:56 PM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 6:59 PM (781) 853-8414 Revere, MA Incoming Text
11/04/14, 7:01 PM (781) 853-8414 Revere, MA Outgoing Text
11/04/14, 7:01 PM (781) 853-8414 Revere, MA Outgoing Text
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
11/18/14, 7:40 PM (781) 853-8414 Incoming
11 /18/14, 7:46 PM (630) 550-07 41 to BARTLETT/IL
11/19/14, 8:09 AM (617) 212-1880 to BOSTON/MA 2
11/19/14, 9:50 AM (617) 592-4018 Incoming 2
11/19/14, 9:54 AM (786) 326-2803 to MIAMI/FL 2
11/19/14, 10:02AM 123 VM Retrieval (G) 2
11/19/14, 10:07 AM (781) 888-3338 to RANDOLPH/MA 3
11/19/14, 1:50 PM (786) 326-2803 Incoming 9
11/19/14, 2:09 PM (786) 326-2803 Incoming 3
11 /19/14, 2:43 PM (630) 550-07 41 Incoming 2
11/19/14, 2:50 PM (630) 550-07 41 to BARTLETT/IL
11/19/14, 2:52 PM (786) 326-2803 to MIAMI/FL 4
11/19/14, 3:02 PM (561) 767-0490 to BOYTONBCH/FL
11/19/14, 3:07 PM (786) 326-2803 to MIAMI/FL
11/19/14, 3:09 PM (781) 710-3666 to LYNN/MA (A) 4
11/19/14, 3:12 PM (786) 326-2803 to MIAMI/FL
11/19/14, 3:12 PM (786) 326-2803 Incoming 2
11/19/14, 3:35 PM (786) 326-2803 Incoming 4
11/19/14, 4:31 PM (786) 326-2803 Incoming 3
11/19/14, 4:38 PM (561) 767-0490 to BOYTONBCH/FL
11/19/14, 4:39 PM (561) 945-5381 to DELRAY BCH/FL
11 /19/14, 4:40 PM (786) 326-2803 Incoming 2
11/19/14, 5:54 PM (630) 550-07 41 to BARTLETT/IL 2
11/19/14, 6:47 PM (781) 771-4456 to LYNN/MA (F)
11/19/14, 7:17 PM (781) 760-2680 Incoming
11/19/14, 7:18 PM (781) 727-6036 to NEEDHAM/MA
11/19/14, 7:21 PM (781) 771-8333 to LYNN/MA (F) 5
11/19/14, 8:37 PM 123 VM Retrieval (G)
11/19/14, 8:39 PM (970) 405-2033 to GREELEY/CO (F) 3
11 /19/14, 8:42 PM (786) 326-2803 to MIAMI/FL 4
11/19/14, 9:07 PM (786) 326-2803 to MIAMI/FL 4
11/20/14, 8:01 AM (781) 853-8414 Incoming 2
11 /20/14, 8:43 AM (703) 536-8085 Incoming
11/20/14, 10:10AM (617) 939-1462 to BOSTON/MA 3
11 /20/14, 10:25 AM (786) 326-2803 Incoming
11 /20/14, 10:42 AM (786) 326-2803 Incoming 5
11/20/14, 10:55AM (786) 326-2803 Incoming
11/20/14, 11:24AM (630) 550-07 41 to BARTLETT/IL
11/20/14, 11:47 AM (630) 550-07 41 Incoming 3
11/20/14, 12:47 PM (630) 550-07 41 to BARTLETT/IL
11/20/14, 12:47 PM (630) 550-07 41 Incoming 2
11 /20/14, 1 :48 PM 123 VM Retrieval (G)
11 /20/14, 2:43 PM (786) 326-2803 to MIAMI/FL 3
11/20/14, 4:32 PM (781) 588-4289 to KINGSTON/MA
11/20/14, 4:56 PM (970) 405-2033 to GREELEY/CO (F)
11 /20/14, 5:41 PM (781) 771-4456 to LYNN/MA (F) 8
11/20/14, 5:59 PM (617) 970-3245 to EASTBOSTON/MA (F) 3
11/20/14, 6:08 PM (781) 771-8333 to LYNN/MA (F) 3
11/20/14, 6:16 PM (781) 727-6036 Incoming 13
11 /20/14, 6:46 PM (781) 760-2680 Incoming 3
11/20/14, 7:24 PM (954) 532-1933 Incoming 5
11/21/14, 8:00 AM 123 VM Retrieval (G)
11/21/14, 8:40 AM (781) 231-4500 to SAUGUS/MA 4
11/21/14, 9:55 AM (786) 326-2803 Incoming 3
11/21/14, 10:06AM (786) 326-2803 Incoming 7
11/21/14, 11:27 AM (617) 212-1880 Incoming
11/21/14, 12:05 PM (781) 888-3338 to RANDOLPH/MA
11/21/14, 2:03 PM (617) 939-1462 Incoming
11/21/14, 3:24 PM (781) 588-4289 to KINGSTON/MA
11/21/14, 3:34 PM (561) 767-0490 to BOYTONBCH/FL 2
11/21/14, 3:36 PM (617) 982-8080 Incoming (F)
11/21/14, 4:10 PM (978) 500-9000 Incoming 2
11/21/14, 4:27 PM (857) 251-7278 to BOSTON/MA
11/21/14, 4:41 PM (630) 550-07 41 to BARTLETT/IL
11/21/14, 5:32 PM (781) 760-2680 to WNCHESTER/MA 2
11/21/14, 5:33 PM (978) 219-3686 Incoming 3
11/21/14, 6:10 PM (401) 490-1419 Incoming 4
Page A4 of A38
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ VVi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
11/21/14, 6:24 PM (630) 550-07 41 to BARTLETT/IL
11/21/14, 6:24 PM (617) 970-3245 to EASTBOSTON/MA (F)
11/21/14, 6:39 PM (617) 970-3245 to EASTBOSTON/MA (F)
11/21/14, 8:26 PM (630) 550-07 41 to BARTLETT/IL 2
11/21/14, 9:20 PM (240) 988-4144 to SILVER SPG/MD
11/21/14, 9:27 PM (508) 612-557 4 Incoming 5
11/22/14, 9:02 AM (978) 500-9000 Incoming
11/22/14, 12:41 PM (347) 873-1278 Incoming (F) 2
11/22/14, 12:47 PM (617) 605-4500 to MALDEN/MA 3
11/22/14, 4:32 PM (617) 970-3245 to EASTBOSTON/MA (F) 1
11 /22/14, 4:43 PM (617) 926-0880 to WATERTOWN/MA 2
11 /22/14, 4:44 PM (508) 572-2030 to BILLERICA/MA 3
11/22/14, 5:28 PM (617) 699-6998 to BOSTON/MA
11/22/14, 5:36 PM (617) 224-6553 to BOSTON/MA (F) 2
11/22/14, 5:39 PM (617) 699-6998 Incoming 2
11/22/14, 6:06 PM (781) 771-4456 to LYNN/MA (F) 5
11/22/14, 9:02 PM (617) 605-4500 to MALDEN/MA 2
11/23/14, 2:51 PM (617) 201-6996 to CAMBRIDGE/MA
11/23/14, 3:25 PM (617) 784-2835 to BOSTON/MA (A) 4
11/23/14, 3:29 PM (786) 326-2803 to MIAMI/FL 3
11 /23/14, 3:41 PM (786) 326-2803 Incoming 3
11/24/14, 10:07 AM (561) 790-1200 Incoming 13
11/24/14, 11:07 AM (781) 727-6036 Incoming 9
11/24/14, 11:22AM (786) 326-2803 Incoming 4
11/24/14, 11:58AM 123 VM Retrieval (G)
11/24/14, 11:59AM (610) 509-9722 to ALLENTOWN/PA 4
11 /24/14, 12:25 PM (610) 509-9722 to ALLENTOWN/PA 5
11/24/14, 12:34 PM (786) 326-2803 to MIAMI/FL 3
11/24/14, 12:37 PM (781) 710-3666 to LYNN/MA
11/24/14, 1:26 PM 123 VM Retrieval (G)
11/24/14, 1:27 PM (781) 710-3666 to LYNN/MA 2
11/24/14, 1:29 PM (781) 596-9700 to LYNN/MA
11 /24/14, 1 :44 PM (781) 760-2680 to V\1NCHESTER/MA 2
11 /24/14, 1 :46 PM (617) 875-4993 to BOSTON/MA 2
11 /24/14, 1 :48 PM (781) 588-4289 to KINGSTON/MA
11/24/14, 1:50 PM (786) 326-2803 Incoming
11/24/14, 2:13 PM (781) 760-2680 to V\1NCHESTER/MA 3
11/24/14, 2:24 PM (630) 550-07 41 to BARTLETT/IL (A) 2
11/24/14, 2:24 PM (781) 760-2680 Incoming (A)
11 /24/14, 2:40 PM (617) 939-1462 to BOSTON/MA 2
11/24/14, 2:51 PM (781) 596-9700 Incoming
11/24/14, 2:55 PM (781) 760-2680 to V\1NCHESTER/MA
11/24/14, 2:56 PM (781) 760-2680 Incoming
11/24/14, 3:11 PM (617) 939-1462 Incoming
11 /24/14, 3:45 PM (630) 550-07 41 to BARTLETT/IL 3
11/24/14, 3:55 PM (781) 596-9700 Incoming
11/24/14, 4:00 PM (781) 599-0096 Incoming
11/24/14, 4:54 PM (617) 389-3506 to EVERETT/MA
11/24/14, 5:12 PM (617) 201-6996 Incoming 3
11/25/14, 8:38 AM (781) 771-4456 to LYNN/MA (F) 6
11/25/14, 8:55 AM (617) 939-1462 Incoming
11/25/14, 10:38AM (781) 588-4289 Incoming 3
11/25/14, 10:41 AM (781) 953-6870 to REVERE/MA
11 /25/14, 10:42 AM (339) 440-7183 to LYNN/MA (F)
11 /25/14, 10:43 AM (781) 953-6870 to REVERE/MA
11/25/14, 10:44AM (781) 953-6870 to REVERE/MA
11 /25/14, 10:45 AM (781) 588-4289 to KINGSTON/MA
11/25/14, 10:50AM (781) 953-6870 to REVERE/MA
11/25/14, 10:51 AM (781) 953-6870 to REVERE/MA 2
11/25/14, 10:53AM (781) 953-6870 to REVERE/MA
11/25/14, 10:54AM (781) 588-4289 to KINGSTON/MA 2
11/25/14, 11 :15 AM (781) 588-4289 to KINGSTON/MA 2
11/25/14, 11 :16 AM (781) 588-4289 to KINGSTON/MA
11/25/14, 11 :19 AM (786) 326-2803 Incoming 2
11/25/14, 11:24AM (786) 326-2803 Incoming 4
11/25/14, 11:38AM (610) 509-9722 to ALLENTOWN/PA 3
11/25/14, 11:52AM (617) 7 46-5520 to BRIGHTON/MA 2
Page A5 of A38
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Wi-Fi Call (X) T-Mobile @Home Call
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
12/03/14, 3:29 PM (786) 326-2803 Incoming 6
12/03/14, 3:46 PM (786) 326-2803 to MIAMI/FL 6
12/03/14, 6:25 PM (781) 588-4289 Incoming (A)
12/03/14, 6:26 PM (781) 760-2680 Incoming (A) 2
12/03/14, 6:27 PM (781) 771-4456 to LYNN/MA (F) 3
12/03/14, 6:32 PM (617) 605-4500 to MALDEN/MA 3
12/03/14, 6:35 PM (781) 558-5481 Incoming 4
12/03/14, 6:38 PM (781) 771-4456 to LYNN/MA (F) 2
12/04/14, 8:30 AM (781) 760-2680 to V\1NCHESTER/MA 1
12/04/14, 8:37 AM (617) 939-1462 to BOSTON/MA 2
12/04/14, 9:00 AM (561) 767-0490 to BOYTONBCH/FL
12/04/14, 9:13 AM (786) 326-2803 to MIAMI/FL 5
12/04/14, 9:17 AM (781) 760-2680 Incoming 2
12/04/14, 10:45 AM (617) 970-3245 to EASTBOSTON/MA (F)
12/04/14, 11 :08 AM (617) 201-6996 Incoming
12/04/14, 11 :35 AM (786) 326-2803 to MIAMI/FL
12/04/14, 11 :42 AM (509) 535-7824 to SPOKANE/WA 5
12/04/14, 12:09 PM (561) 214-2227 Incoming
12/04/14, 12:35 PM (617) 513-8992 to BOSTON/MA 3
12/04/14, 1 :20 PM (617) 782-8222 to BRIGHTON/MA 4
12/04/14, 1 :26 PM (617) 782-8222 to BRIGHTON/MA
12/04/14, 1 :53 PM (786) 326-2803 to MIAMI/FL 3
12/04/14, 1 :56 PM (508) 761-6778 to SOUTHGATE/MA 4
12/04/14, 1 :59 PM (781) 760-2680 to V\1NCHESTER/MA 5
12/04/14, 2:03 PM 8773783383 1-877# 2
12/04/14, 2:05 PM (617) 331-9630 to BOSTON/MA (F)
12/04/14, 2:35 PM (781) 760-2680 to V\1NCHESTER/MA 2
12/04/14, 2:42 PM (781) 760-2680 to V\1NCHESTER/MA
12/04/14, 2:50 PM (954) 857-3973 to DEERFLDBCH/FL
12/04/14, 2:53 PM 8007668797 1-800# 2
12/04/14, 2:55 PM 8773783383 1-877# 2
12/04/14, 2:57 PM (954) 857-3973 to DEERFLDBCH/FL 2
12/04/14, 2:59 PM (954) 835-4720 Incoming (A)
12/04/14, 2:59 PM (781) 760-2680 Incoming (A)
12/04/14, 3:02 PM (954) 835-4720 Incoming
12/04/14, 4:03 PM (630) 550-07 41 Incoming 2
12/04/14, 4:49 PM (781) 771-8333 to LYNN/MA (F) 4
12/04/14, 4:55 PM (781) 760-2680 to V\1NCHESTER/MA 7
12/04/14, 5:04 PM (786) 326-2803 to MIAMI/FL 4
12/04/14, 5:45 PM (781) 771-4456 to LYNN/MA (F) 5
12/04/14, 5:52 PM (781) 760-2680 to V\1NCHESTER/MA 3
12/04/14, 6:19 PM (786) 326-2803 to MIAMI/FL 3
12/04/14, 6:23 PM (617) 749-6712 Incoming (F) 2
12/04/14, 6:42 PM (508) 612-557 4 Incoming 21
12/05/14, 8:41 AM 123 VM Retrieval (G)
12/05/14, 8:42 AM (617) 939-1462 to BOSTON/MA
12/05/14, 9:49 AM (786) 326-2803 to MIAMI/FL 4
12/05/14, 11 :08 AM (786) 326-2803 to MIAMI/FL
12/05/14, 11 :08 AM (786) 326-2803 to MIAMI/FL
12/05/14, 12:35 PM 123 VM Retrieval (G)
12/05/14, 12:41 PM (786) 326-2803 to MIAMI/FL
12/05/14, 12:47 PM (630) 550-07 41 to BARTLETT/IL 2
12/05/14, 3:00 PM (786) 326-2803 Incoming 4
12/05/14, 3:09 PM (786) 326-2803 Incoming
12/05/14, 3:12 PM (786) 326-2803 to MIAMI/FL
12/05/14, 3:17 PM (786) 326-2803 to MIAMI/FL
12/05/14, 3:22 PM (786) 326-2803 Incoming
12/05/14, 3:34 PM 123 VM Retrieval (G)
12/05/14, 3:35 PM (617) 835-2100 to BOSTON/MA 2
12/05/14, 3:36 PM (617) 835-2100 Incoming 2
12/05/14, 3:38 PM (617) 224-6553 to BOSTON/MA (F)
12/05/14, 3:40 PM (617) 224-6553 to BOSTON/MA (F)
12/05/14, 4:06 PM (617) 224-6553 to BOSTON/MA (F) 5
12/05/14, 4:10 PM (617) 835-2100 to BOSTON/MA 3
12/05/14, 4:55 PM (781) 771-4456 to LYNN/MA (F) 11
12/05/14, 6:23 PM (781) 760-2680 Incoming 3
12/05/14, 7:01 PM (617) 269-8562 Incoming 2
Page AS of A38
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ VVi-Fi Call (X) T-Mobile @Home Call
Usage details
(781) 244-4474
Talk
The date and time corres(2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
12/09/14, 9:20AM (978) 500-9000 to IPS\MCH/MA
12/09/14, 9:21AM (978) 500-9000 Incoming 8
12/09/14, 9:32AM (970) 405-2033 Incoming (F) 3
12/09/14, 9:33AM (786) 326-2803 Incoming 2
12/09/14, 9:51 AM (970) 405-2033 to GREELEY/CO (F) 2
12/09/14, 10:32AM (970) 405-2033 Incoming (F) 3
12/09/14, 10:36 AM (781) 436-0294 Incoming
12/09/14, 10:49AM (781) 888-3338 to RANDOLPH/MA
12/09/14, 11:47AM 123 VM Retrieval (G)
12/09/14, 11:49AM (781) 888-3338 to RANDOLPH/MA 4
12/09/14, 12:03 PM 123 VM Retrieval (G) 1
12/09/14, 12:47 PM (786) 326-2803 to MIAMI/FL 2
12/09/14, 1:36 PM 123 VM Retrieval (G) 2
12/09/14, 2:26 PM (781) 771-4456 to LYNN/MA (F) 2
12/09/14, 4:09 PM (617) 605-4500 to MALDEN/MA 14
12/09/14, 5:05 PM (630) 550-0741 to BARTLETT/IL 2
12/09/14, 5:07 PM (970) 405-2033 to GREELEY/CO (F)
12/09/14, 5:26 PM (630) 550-0741 Incoming 1
12/09/14, 5:37 PM (970) 405-2033 Incoming (F) 2
12/09/14, 5:43 PM (781) 771-8333 to LYNN/MA (F) 5
12/09/14, 6:00 PM (617) 605-4500 Incoming 12
12/09/14, 6:13 PM (781) 888-3338 to RANDOLPH/MA 10
12/09/14, 6:25 PM (617) 939-1462 to BOSTON/MA 6
12/09/14, 6:59 PM (617) 605-4500 to MALDEN/MA 15
12/09/14, 7:15 PM (617) 939-1462 to BOSTON/MA 2
12/09/14, 7:17 PM (781) 844-9253 to ARLINGTON/MA 3
12/09/14, 7:28 PM (781) 953-5412 to REVERE/MA (F) 29
12/09/14, 8:56 PM (781) 588-4289 Incoming 2
12/09/14, 9:04 PM (781) 760-2319 to \MNCHESTER/MA 2
12/09/14, 9:21 PM (781) 760-2319 Incoming 8
12/09/14, 9:30 PM (781) 760-2680 Incoming 10
12/10/14, 8:58 AM (781) 596-9700 to LYNN/MA 2
12/10/14, 9:04 AM (781) 727-6036 to NEEDHAM /MA 5
12/10/14, 9:29 AM (781) 588-4289 Incoming 2
12/10/14, 9:54 AM (786) 326-2803 to MIAMI/FL 4
12/10/14, 10:24AM (781) 760-2680 Incoming 3
12/10/14, 11:36AM (781) 424-8714 to NORWELL/MA 2
12/10/14, 11:48AM (617) 939-1462 Incoming 5
12/10/14, 12:14 PM (781) 596-9700 Incoming 2
12/10/14, 1:55 PM (970) 405-2033 to GREELEY/CO (F)
12/10/14, 1:57 PM (970) 405-2033 to GREELEY/CO (F)
12/10/14, 2:37 PM (970) 405-2033 to GREELEY/CO (F) 4
12/10/14, 4:16 PM (508) 740-4508 to FRAMINGHAM /MA 2
12/10/14, 5:33 PM (617) 257-0190 to SAUGUS/MA 1
12/10/14, 5:34 PM 123 VM Retrieval (G) 2
12/10/14, 5:40 PM 123 VM R etrieval (G) 1
12/10/14, 5:47 PM (617) 257-0190 to SAUGUS/MA 4
12/10/14, 6:06 PM (617) 970-3245 Incoming (F) 8
12/10/14, 7:06 PM (786) 326-2803 to MIAMI/FL 7
12/10/14, 7:34 PM 123 VM R etrieval (G) 2
12/10/14, 7:55 PM (781) 254-1212 Incoming 5
12/11/14, 8:27 AM (781) 581-0088 to LYNN/MA 2
12/11/14, 8:30 AM (617) 970-3245 to EASTBOSTON/MA (F) 14
12/11/14, 9:10 AM (617) 212-1880 to BOSTON/MA 2
12/11/14, 9:16 AM (508) 740-4508 Incoming 1
12/11/14, 10:12AM (781) 389-5985 to \MNCHESTER/MA 2
12/11/14, 10:14AM (617) 970-3245 to EASTBOSTON/MA (F) 4
12/11/14, 10:25AM (781) 389-5985 to \MNCHESTER/MA
12/11/14, 10:27 AM (781) 389-5985 to \MNCHESTER/MA 1
12/11/14, 10:29AM (781) 844-4797 Incoming 2
12/11/14, 10:34AM (781) 844-4797 to ARLINGTON/MA 2
12/11/14, 10:39AM (781) 844-4797 Incoming 1
12/11/14, 10:40AM (617) 970-3245 to EASTBOSTON/MA (F) 2
12/11/14, 11:13AM (617) 970-3245 Incoming (F) 3
12/11/14, 1:46 PM (781) 760-2680 Incoming
Page A 1 of A37
Type: (A) Call Wait ing (B) Call Forward (C) Co nference Call (E) Dat a/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Int l Disc Call (J) Int l Disc Call to Mobile (K) WPS Call (M ) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ Vin-Fi Call (X) T-Mobile @Home Call
USAO- DECICCO-00025510
Case 1:17-cr-10092-NMG Document 304-21 Filed 05/25/18 Page 23 of 23
Statement for Account number Bil l close date
MEDI MIRNASIRI 236797294 Jan 08, 2015
Talk
The date and time correst2onds to the local time where the mobile was located.
Date and time Number Description Type Min Amount
01/06/15, 11:20AM (781) 927-4883 to WEYMOUTH/MA
01/06/15, 1:05 PM (781) 771-4456 to LYNN/MA (F) 7
01/06/15, 2:06 PM (781) 241-7707 to REVERE/MA 2
01/06/15, 3:30 PM (916) 334-5438 to SCRM NORTH/CA 3
01/06/15, 3:50 PM (857) 247-4360 to BOSTON/MA (F) 38
01/06/15, 4:31 PM (781) 771-4456 to LYNN/MA (F) 4
01/07/15, 7:40 AM (617) 201-6573 to CAMBRIDGE/MA
01/07/15, 7:45 AM (617) 201-6573 Incoming
01/07/15, 7:46 AM (781) 771-4456 to LYNN/MA (F)
01/07/15, 11:33AM (617) 257-1905 to SAUGUS/MA
01/07/15, 3:16 PM (630) 550-07 41 to BARTLETT/IL
01/07/15, 3:24 PM (630) 550-07 41 Incoming
01/07/15, 4:19 PM (781) 820-1452 to SAUGUS/MA 2
01/07/15, 4:51 PM (732) 895-1266 to Ml DDLETOVVN/NJ
01/07/15, 4:56 PM (781) 241-7707 Incoming
01/07/15, 5:03 PM (732) 591-0842 Incoming 11
01/07/15, 6:17 PM (617) 224-6553 to BOSTON/MA (F) 8
01/07/15, 7:07 PM (978) 289-3667 Incoming
01/07/15, 7:17 PM (786) 326-2803 to MIAMI/FL
01/07/15, 7:20 PM (781) 953-5412 to REVERE/MA (A) 10
01/07/15, 7:29 PM (786) 326-2803 Incoming (A)
01/07/15, 7:30 PM (786) 326-2803 to MIAMI/FL 5
01/07/15, 8:04 PM (781) 771-4456 to LYNN/MA (F) 3
01/07/15, 8:26 PM (781) 760-2319 to V\1NCHESTER/MA
01/07/15, 8:50 PM (617) 605-4500 to MALDEN/MA 2
01/07/15, 9:13 PM (617) 605-4500 Incoming 30
01 /08/15, 9:40 AM (781) 760-2680 Incoming 8
01 /08/15, 9:49 AM (563) 549-6181 Incoming (A)
01/08/15, 9:50 AM (786) 326-2803 to MIAMI/FL
01/08/15, 9:56 AM (786) 326-2803 to MIAMI/FL
01/08/15, 10:11 AM (786) 326-2803 to MIAMI/FL
01/08/15, 10:12 AM (786) 326-2803 Incoming
01 /08/15, 10:46 AM (786) 326-2803 Incoming 3
01/08/15, 11:08AM (786) 326-2803 to MIAMI/FL 2
01/08/15, 11:12AM (786) 326-2803 Incoming
01/08/15, 11:17 AM (786) 326-2803 Incoming
01/08/15, 1:06 PM (781) 760-1559 to V\1NCHESTER/MA 2
01/08/15, 1:56 PM (781) 760-2680 Incoming 2
01/08/15, 2:36 PM (508) 843-1919 Incoming 8
01 /08/15, 2:44 PM 123 VM Retrieval (G)
01 /08/15, 2:45 PM (617) 593-9111 to BOSTON/MA
01/08/15, 3:19 PM (617) 593-9111 to BOSTON/MA 14
01/08/15, 4:07 PM (781) 760-2680 Incoming 5
01/08/15, 4:14 PM (781) 760-2680 Incoming 4
01/08/15, 4:39 PM (786) 326-2803 to MIAMI/FL (A) 7
01 /08/15, 4:45 PM (781) 760-2680 Incoming (A) 2
01/08/15, 5:02 PM (786) 326-2803 Incoming 3
01 /08/15, 5:46 PM (617) 699-6998 Incoming 11
01/08/15, 7:07 PM (978) 500-9000 to IPSV\1CH/MA 2
01/08/15, 7:12 PM (781) 581-9994 to LYNN/MA
01/08/15, 7:16 PM (978) 500-9000 Incoming 6
Total: 2,150 $0.00
Text
The date and time correst2onds to Pacific Time (PST/PDT).
Date and time Number Destination Direction Type Amount
12/09/14, 4:21 PM (617) 939-1462 Boston, MA Outgoing Text
12/09/14, 4:36 PM (617) 939-1462 Boston, MA Incoming Text
12/09/14, 4:57 PM (617) 939-1462 Boston, MA Outgoing Text
12/09/14, 6:21 PM (781) 760-2680 Winchester, MA Incoming Text
12/09/14, 6:21 PM (781) 760-2680 Winchester, MA Incoming Text
12/09/14, 6:30 PM (781) 760-2680 Winchester, MA Outgoing Text
12/09/14, 6:30 PM (781) 760-2680 Winchester, MA Outgoing Text
12/10/14, 4:51 AM (781) 389-5985 Winchester, MA Incoming Text
12/10/14, 5:04 AM (781) 389-5985 Winchester, MA Outgoing Text
12/10/14, 5:06 AM (781) 389-5985 Winchester, MA Incoming Text
12/10/14, 5:07 AM (781) 389-5985 Winchester, MA Outgoing Text
Page AS of A37
Type: (A) Call Waiting (B) Call Forward (C) Conference Call (E) Data/Fax (F) Mobile2Mobile (G) Voicemail
(H) Free Calls (I) Intl Disc Call (J) Intl Disc Call to Mobile (K) WPS Call (M) AnyMobile (R) Roaming (T) T-Mobile Number
(V) myFaves Call (WJ V\1-Fi Call (X) T-Mobile @Home Call
Agency: Attorney/Other
Requestor: Ibrahim Salah
Agent Address: United States Attorney's Office
Billing City, State, Zip: Boston, MA 02210‐0000 Request Submission Response
Provided On: May 16, 2018
This is in response to the Subpoena, 1:17CR10092, dated May 04, 2018, which was served upon T‐Mobile US, Inc. You have requested information for the
subscriber associated with MSISDN: 7812444474. All times below are reflected in Coordinated Universal Time (UTC).
No Records were found for MSISDN 7812444474 for the period of June 01, 2014 ‐ March 01, 2015. Call Detail Records are maintained for a period of 24 months, after which
they are overwritten and cannot be retrieved.
Case 1:17-cr-10092-NMG Document 304-22 Filed 05/25/18 Page 1 of 1
Information Provided By:
T‐Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 1 of 1
Law Enforcement Relations Tel: 866‐537‐0911; Fax: 973‐292‐8697
Information Provided To:
Agency: Attorney/Other
Requestor: Ibrahim Salah
Agent Address: United States Attorney's Office
Billing City, State, Zip: Boston, MA 02210‐0000 Request Submission Response
Provided On: May 16, 2018
This is in response to the Subpoena, 1:17CR10092, dated May 04, 2018, which was served upon T‐Mobile US, Inc. You have requested information for the
subscriber associated with MSISDN: 7812444474. All times below are reflected in Coordinated Universal Time (UTC).
No Records were found for MSISDN 7812444474 for the period of June 01, 2014 ‐ March 01, 2015. Call Detail Records are maintained for a period of 24 months, after which
they are overwritten and cannot be retrieved.
Case 1:17-cr-10092-NMG Document 304-23 Filed 05/25/18 Page 1 of 5
Information Provided By:
T‐Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 1 of 1
Law Enforcement Relations Tel: 866‐537‐0911; Fax: 973‐292‐8697
Case 1:17-cr-10092-NMG Document 304-23 Filed 05/25/18 Page 2 of 5
Information Provided To:
Agency: Attorney/Other
Requestor: Ibrahim Salah
Agent Address: United States Attorney's Office
Billing City, State, Zip: Boston, MA 02210‐0000
Provided On: May 16, 2018
This is in response to the Subpoena, 1:17CR10092, dated May 04, 2018, which was serve
requested Information for the subscriber associated with MSISDN: 7812444474.
Subscriber Details:
Subscriber Name MEDI MIRNASIRI
Subscriber Address 7 NECTAR PL, NAHANT, MA 0
Subscriber Status Active
Subscriber Name Effective Date 10/02/2003
Account Details:
Brand TMUS
Activation Date 10/02/2003
Termination Date
Account Name MEDI MIRNASIRI
Account No 236797294
Account Effective Date 10/02/2003
Account Expiration Date
Device Details:
IMSI 310260987627520
MSISDN Expiration Date
MSISDN Disconnect Reason
MSISDN No 7812444474
MSISDN Status Active
MSISDN Market BOM
MSISDN Name MEDI MIRNASIRI
SIM 8901260985776275206
IMEI 358255006346470
Begin Service Date 10/02/2003
Billing Details:
Bill Name MEDI MIRNASIRI
Bill Birth Date 02/22/1960
Bill SSN 373826341
Bill Cycle 6
Bill Address 7 NECTAR PL, NAHANT, MA 0
Company Name MIRNASIRI
Rate Plan ONE60TI
Rate Plan Desc T‐Mobile ONE Unlimited 55
Case 1:17-cr-10092-NMG Document 304-23 Filed 05/25/18 Page 3 of 5
Contact 1 7815994226
Contact 2 7815994226
Coupon
Last Refilled
Ported Details:
Ported Carrier
Case 1:17-cr-10092-NMG Document 304-23 Filed 05/25/18 Page 4 of 5
Request Submission Response
ed upon T‐Mobile US, Inc. You have
1908 USA
1908 USA
Case 1:17-cr-10092-NMG Document 304-23 Filed 05/25/18 Page 5 of 5
Case 1:17-cr-10092-NMG Document 304-24 Filed 05/25/18 Page 1 of 2
Case 1:17-cr-10092-NMG Document 304-24 Filed 05/25/18 Page 2 of 2
Case 1:17-cr-10092-NMG Document 304-25 Filed 05/25/18 Page 1 of 1
Ashley Deaso
Counsel:
We will send Bates-stamped copies later today, but I wanted to ensure that you received these as
soon as possible. As you will see, there were two spreadsheets because SA Chizmadia switched
from a Blackberry Device to an Android device, and the Blackberry spreadsheet was
inadvertently omitted from the government's 21-day production.
I will forward to you shortly the email production of records from T-Mobile, there is nothing to
inspect at our office as it was sent to us by email.
Kristina
Kristina E. Barclay
Assistant United States Attorney
District of Massachusetts
(617) 748-3371
1
Case 1:17-cr-10092-NMG Document 304-26 Filed 05/25/18 Page 1 of 4
See correspondence with TMobile below.
From: Salah, Ibrahim (USAMA)
Sent: Monday, May 21, 2018 10:25 AM
To: LER2 <LER2@TMobile.com>
Cc: Barclay, Kristina (USAMA) <KBarclay@usa.doj.gov>; Elio, Matthew D. (BS) (FBI) <mdelio@fbi.gov>;
Lemanski, Sandra (USAMA) <SLemanski@usa.doj.gov>
Subject: RE: Expedited Request Tracking ID 1858920
Thank you very much. Just checking in on this.
From: LER2 <LER2@T-Mobile.com>
Sent: Friday, May 18, 2018 9:29 AM
To: Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>
Subject: RE: Expedited Request Tracking ID 1858920
I will have the specialist review.
Thanks,
Yesenia
From: Salah, Ibrahim (USAMA) [mailto:Ibrahim.Salah@usdoj.gov]
Sent: Friday, May 18, 2018 9:17 AM
To: LER2 <LER2@T-Mobile.com>
Cc: Barclay, Kristina (USAMA) <Kristina.Barclay@usdoj.gov>; Elio, Matthew D. (BS) (FBI) <mdelio@fbi.gov>;
Loycano, Stephanie A. (BS) (FBI) <saloycano@fbi.gov>
Subject: RE: Expedited Request Tracking ID 1858920
Thanks but we appear to be missing the records for the time period December 9, 2014January 8, 2015.
From: LER2 <LER2@T-Mobile.com>
Sent: Friday, May 18, 2018 8:57 AM
To: Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>
Subject: RE: Expedited Request Tracking ID 1858920
Good Morning Salah,
Your request was completed and sent via email to ibrahim.salah@usdoj.gov on 5/17/18. Your Tracking ID
1858920.
Thanks,
Case 1:17-cr-10092-NMG Document 304-26 Filed 05/25/18 Page 2 of 4
Yesenia Gonzalez
Contractor
Main: 9732928911 Email: Yesenia.Gonzalez85@T-Mobile.com
This message contains information that is confidential or privileged. The information is intended for the use of the individual or entity
named above. Said information, when provided to a law enforcement agency to assist in its official duties may also be protected from
disclosure by 5 U.S.C. 522, et seq (“the FOIA Act”) and 5 U.S.C. 552a, et seq. (“the Privacy Act”). If you are not the intended recipient,
be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this
electronic transmission in error, please notify the sender and delete this message and any attachments.
From: Salah, Ibrahim (USAMA) [mailto:Ibrahim.Salah@usdoj.gov]
Sent: Thursday, May 17, 2018 12:45 PM
To: LER2 <LER2@T-Mobile.com>
Subject: FW: Expedited Request
Importance: High
Just checking in on the status of the response to the attached.
From: Salah, Ibrahim (USAMA)
Sent: Tuesday, May 15, 2018 1:55 PM
To: 'Cathleen.RodriguezIsmael@TMobile.com' <Cathleen.RodriguezIsmael@T-Mobile.com>
Cc: Barclay, Kristina (USAMA) (KBarclay@usa.doj.gov) <KBarclay@usa.doj.gov>; Elio, Matthew D. (BS) (FBI)
<mdelio@fbi.gov>
Subject: FW: Expedited Request
Importance: High
I hope this email finds you well. As requested, our office has submitted the additional paperwork you
requested. Please let us know what we can do to further expedite this since I had sent the expedited
subpoena on 05/04/18 and was quoted 3 to 5 days from then. I do acknowledge that the expedited form was
not submitted at the time but would have most definitely performed that process if I was told by one of
TMobile subpoena representatives that said was missing during my conversation with her on May 9, 2018.
From: Beckwith, Lauren (USAMA)
Sent: Tuesday, May 15, 2018 1:49 PM
To: Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>
Subject: RE: Expedited Request
Please email and let me know when you receive the records.
From: Salah, Ibrahim (USAMA)
Sent: Tuesday, May 15, 2018 1:48 PM
To: Beckwith, Lauren (USAMA) <LBeckwith@usa.doj.gov>
Subject: RE: Expedited Request
Thank you very much!
Case 1:17-cr-10092-NMG Document 304-26 Filed 05/25/18 Page 3 of 4
From: Beckwith, Lauren (USAMA)
Sent: Tuesday, May 15, 2018 1:46 PM
To: LEREXPEDITES@T-MOBILE.COM
Cc: Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>
Subject: Expedited Request
Good Afternoon,
Please see the expedited request for a TMobile phone.
Thank you,
Lauren
Lauren Beckwith
Support Services Supervisor/Contracting Officer
United States Attorney’s Office
Phone: 617-748-3324
Case 1:17-cr-10092-NMG Document 304-26 Filed 05/25/18 Page 4 of 4
FW: Tasks for Case Number: 1:17CR10092, T-Mobile US, Inc. Trackin…
From: Barclay, Kristina (USAMA)
To: Caroline K. Simons, 'frongillo@fr.com', jcipoletta@post.harvard.edu
Cc: Richardson, Robert (USAMA), Salah, Ibrahim (USAMA)
Sent: 5/24/2018 9:19:57 AM
CDR_Mediations_7812444474_4893976.xls
RECEIPT 1858920.pdf 1858920 Certification.pdf
SUB_Tibco_7812444474_4893977.xls
eb919448-87a9-4055-9ef5-903bbfad3153.pdf
Attachments:
b7686421-b1d0-41d6-a2cd-52658a5b9e77.pdf
Interpreting Call Detail Records - 170711.pdf
Interpreting Subscriber Information.pdf
UTC Information Sheet 03302018.pdf
Original Message
From: LERinbound@TMobile.com <LERinbound@TMobile.com>
Sent: Tuesday, May 22, 2018 10:03 AM
To: Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>
Subject: Tasks for Case Number: 1:17CR10092, TMobile US, Inc. Tracking ID: 1858920
I APOLOGIZE FOR THE ERROR ON RECORDS SENT PRIOR. I HAVE ATTACHED THE TIME FRAME MISSING TO THE END
OF THE RECORDS.
THANK YOU
Case 1:17-cr-10092-NMG Document 304-27 Filed 05/25/18 Page 1 of 1
Ashley Deaso
Caroline Simons :: Fish & Richardson P.C. :: 617 956 5907
From: Barclay, Kristina (USAMA) [mailto:Kristina.Barclay@usdoj.gov]
Sent: Thursday, May 24, 2018 11:39 AM
To: Caroline Simons <simons@fr.com>; Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Cc: Richardson, Robert (USAMA) <Robert.Richardson@usdoj.gov>; Salah, Ibrahim (USAMA) <Ibrahim.Salah@usdoj.gov>
Subject: Supplemental Discovery
Counsel:
Attached please find supplemental discovery, bearing Bates Numbers
USAO_DECICCO_00025548 through USAO_DECICCO_00025561.
Kristina
1
Case 1:17-cr-10092-NMG Document 304-28 Filed 05/25/18 Page 1 of 4
Caroline:
As I stated in the discovery hearing, we have completed the review of CW‐1’s phone, with the
exception of some video/audio files that postdate the offense at issue in this case and
therefore would be entirely irrelevant. Nevertheless, we intend to review but are having
technical difficulties reviewing. When the review is complete I will let you know.
I have completed the review per my representations to Judge Hennessy and there is nothing
to produce pursuant to his order.
Kristina
From: Caroline Simons <simons@fr.com>
Sent: Sunday, May 20, 2018 10:46 PM
To: Barclay, Kristina (USAMA) <KBarclay@usa.doj.gov>; Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>; Richardson,
Robert (USAMA) <RRichardson@usa.doj.gov>
Cc: Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Subject: RE: Defense Exhibits
Kristina,
As we have laid out in much of our pretrial briefing to date, we disagree with the government’s position that the
testimony of the proposed defense witnesses is irrelevant. We confirm that at this time we are declining your request
to prepare and provide to the government a preview of the expected testimony of the defense witnesses, and we will
defer to the Court’s guidance on this issue.
We confirm that our investigator did not prepare or otherwise take any statements of defense witnesses as defined by
Rule 26.2/Jencks, which is what the government is entitled to. We confirm again that we have produced all statements
within our possession, custody, and control (with the exception of GJ transcripts and 302s), and we will supplement our
production if need be. We respectfully refuse to disclose or produce any materials or communications to the
government that constitute attorney work product, including our internal emails, notes, memoranda, etc. pertaining to
these witnesses.
While we are on the topic of discovery, please confirm if the government has completed its review of (1) CW‐1’s phone;
as well as (2) any 302s regarding attempts to identify the source of the alleged threatening calls; and (3) the FBI agents’
notes, per the government’s representations and Magistrate Judge Hennessy’s ruling during the May 10, 2018 hearing.
1
Case 1:17-cr-10092-NMG Document 304-28 Filed 05/25/18 Page 2 of 4
We also plan on providing updated witness/exhibit lists tomorrow morning, along with the anticipated production
discussed earlier this evening.
Regards,
Caroline
Caroline Simons :: Fish & Richardson P.C. :: 617 956 5907
From: Barclay, Kristina (USAMA) [mailto:Kristina.Barclay@usdoj.gov]
Sent: Sunday, May 20, 2018 9:24 PM
To: Caroline Simons <simons@fr.com>; Salah, Ibrahim (USAMA) <Ibrahim.Salah@usdoj.gov>; Richardson, Robert
(USAMA) <Robert.Richardson@usdoj.gov>
Cc: Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Subject: RE: Defense Exhibits
Caroline:
It’s impossible to file objections if we do not know what the witnesses are going to testify
about. While we have interviewed some of these individuals, their testimony as far as we can
tell would be entirely irrelevant to this case. Please confirm that you are refusing to provide
this information so that we may inform the Court.
Please also confirm that your investigator took no notes and wrote no reports, emails, texts,
etc. regarding any interviews of individuals on your witness list. If such materials exist, please
produce them tomorrow morning.
We anticipate providing updated witness and exhibit lists tomorrow morning.
Kristina
From: Caroline Simons <simons@fr.com>
Sent: Sunday, May 20, 2018 7:33 PM
To: Barclay, Kristina (USAMA) <KBarclay@usa.doj.gov>; Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>; Richardson,
Robert (USAMA) <RRichardson@usa.doj.gov>
Cc: Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Subject: RE: Defense Exhibits
Counsel:
We will provide additional exhibits that we have in our possession, custody, and control tomorrow morning.
With respect to your request for a “general description of the relevant testimony” for the proposed defense witnesses
you have identified, we are not presently aware of any authority requiring us to provide you with disclosures of their
anticipated testimony. We note that the government has not offered to provide a synopsis of the expected testimony of
its witnesses. Please let us know what authority you are relying on, however, and we will review your request. As you
know, we have voluntarily provided you with the witness statements we have in our possession, custody, and control
2
Case 1:17-cr-10092-NMG Document 304-28 Filed 05/25/18 Page 3 of 4
(with the exception of grand jury testimony and reports of FBI interviews that we received from your office). We also
understand that the government has interviewed a number of the defense witnesses already and is in possession of
their statements; indeed, the government is in possession of at least one grand jury transcript of a defense witness we
do not have access to.
Thank you.
Regards,
Caroline
Caroline Simons :: Fish & Richardson P.C. :: 617 956 5907
From: Barclay, Kristina (USAMA) [mailto:Kristina.Barclay@usdoj.gov]
Sent: Sunday, May 20, 2018 6:11 PM
To: Caroline Simons <simons@fr.com>; Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Cc: Salah, Ibrahim (USAMA) <Ibrahim.Salah@usdoj.gov>; Richardson, Robert (USAMA) <Robert.Richardson@usdoj.gov>
Subject: Defense Exhibits
Counsel:
We are missing from the defense production proposed exhibits 98‐103, 105 and 106. Please
provide those first thing tomorrow morning.
In addition, please provide tomorrow morning a general description of the relevant testimony
the following proposed defense witnesses would offer:
3. Detective Stacey Forni
5. Lieutenant Robert Wells
6. Richard Aswad
7. Steven Bagnera
8. Marty Barnes
9. Maria Bazzi
10. Alen Bejtovic
11. Andrew Bisignani
12. Sharon Boggs
13. Liran Cohen
14. Mark Cullinan
15. Lawrence Cunningham
16. Nicholas D’Angelo
17. John D’Olimpio
18. Kimberly DeBenedictis
19. Vincent DeBenedictis
20. Linda DeCicco
21. Daniel DiLullo
22. Albert DiVenuti
23. Scott Grieves
24. Farzad Hagayegi
25. Robert Inello
3
Case 1:17-cr-10092-NMG Document 304-28 Filed 05/25/18 Page 4 of 4
26. Sui Chang Li
27. Charles Lightbody
28. John Lloyd
29. Alfred Lopilato
30. Sean McMahon
31. Richard Magnan
32. George Mastoras
33. Saad Moustafa
34. Corina Milian
35. Joseph Oteri
36. Julia Papagno
37. Richard Salvo
38. Richard Scourtas
39. Sherry Soleymani
40. Noelle Spinosa
41. John Taglieri
42. Ralph Texeira
43. Fred Varone
44. Peter Varone, Jr.
Kristina
Kristina E. Barclay
Assistant United States Attorney
District of Massachusetts
(617) 748‐3371
***************************************************************************************************
*************************
This email message is for the sole use of the intended recipient(s) and may contain confidential
and privileged information. Any unauthorized use or disclosure is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy all copies of the original
message.
***************************************************************************************************
*************************
***************************************************************************************************
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This email message is for the sole use of the intended recipient(s) and may contain confidential
and privileged information. Any unauthorized use or disclosure is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy all copies of the original
message.
***************************************************************************************************
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4
Case 1:17-cr-10092-NMG Document 304-29 Filed 05/25/18 Page 1 of 1
Ashley Deaso
From: Barclay, Kristina (USAMA) [mailto:Kristina.Barclay@usdoj.gov]
Sent: Wednesday, May 16, 2018 6:26 PM
To: Thomas Frongillo <frongillo@fr.com>; Caroline Simons <simons@fr.com>; jcipoletta@post.harvard.edu
Cc: Salah, Ibrahim (USAMA) <Ibrahim.Salah@usdoj.gov>; Richardson, Robert (USAMA) <Robert.Richardson@usdoj.gov>
Subject: Discovery
Counsel:
Attached are documents that we realized during trial preparations were inadvertently omitted
from discovery. The texts are between David Witham and SA Elio.
Kristina
Kristina E. Barclay
Assistant United States Attorney
District of Massachusetts
(617) 748‐3371
1
Case 1:17-cr-10092-NMG Document 304-30 Filed 05/25/18 Page 1 of 6
Andrew E. Le/ling
United States Attorney
District ofMassachusetts
Main Reception: (617) 748-3100 John Joseph Moakley United States Courthouse
I Courthouse Way
Suite 9200
Boston, Massachusetts 02210
By Hand
Thomas C. Frongillo
Fish & Richardson
1 Marina Park Drive
Boston, MA 02210
Dear Counsel:
By setting forth specific objections herein, the government does not waive its right to
raise further objections to the discovery requests.
By producing information in response to any request, the government does not admit that
it is required to make such production under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l),
and the government does not waive any objections it may have to the relevance or admissibility
of such information in a trial of this matter.
The government objects to the requests to the extent they call for information in the
possession, custody or control of the Saugus Police Department or any law enforcement agency
other than the United States Attorney's Office for the"District of Massachusetts, the Federal·
Bureau of Investigation, the Internal Revenue Service - Criminal Investigation and the
Massachusetts State Police. The term "government" as used herein is limited to the United
States Attorney's Office for the District of Massachusetts, the Federal Bureau oflnvestigation,
the Internal Revenue Service - Criminal Investigation, and the Massachusetts State Police.
The government objects to the requests to the extent they mischaracterize and misstate
the facts of this case. While the government notes several inaccuracies below, its failure to
identify each and every one of the misstatements and mischaracterizations is not an admission
that any of the statements contained in the defendant's voluminous discovery requests is
Case 1:17-cr-10092-NMG Document 304-30 Filed 05/25/18 Page 2 of 6
accurate.
The government objects to the requests to the extent they call for information the
government is not required to provide, or that it is not required to provide until 21 days before
trial or pursuant to 18 U.S.C. § 3500. The government declines to produce such information in
response to the requests, except as specifically set forth below.
The government objects to these requests to the extent they call for "books, papers,
documents, data, photographs, tangible objects, buildings or places in the government's
possession, custody, or control," and various iterations of these categories of information. Aside
from the fact that the government cannot produce a building or place to the defendant, these
categories of information are overbroad and call for the production of information which is
protected by various privileges and protections, as well as other information to which the
defendant is not entitled at this time.
With regard to specific requests, subject to the objections and limitations above, the
government responds as follows:
2
Case 1:17-cr-10092-NMG Document 304-30 Filed 05/25/18 Page 3 of 6
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l).
10. The government has no responsive documents in its possession, custody or control.
11. Enclosed are responsive documents in the government's possession, custody and
control which have not already been provided to the defendant.
USAO- DECICCO 0003164 to USAO- DECICCO- 0003221. To the extent that
Request 11 calls for documents related to "law enforcement's efforts to identify" an
individual, "law enforcement's efforts to investigate and identify" an individual, or
the "FBI's efforts to investigate" an incident, the government declines to provide any
responsive information on the grounds that such information is protected by the
investigative privilege and the government is not required to produce such
information.
13. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l).
14. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.1 (c)(1) or Local Rule 116.2(b)(1 ). With
respect to Request 14(2), the government notes that Paragraph 19 of the Elio
Affidavit does not state that CW-3 instructed CW-2 to tell CW-1 that "this would
teach CW-1 'how to talk to a lady"'. The government further notes, with respect to
Request 14(4), that CW-1 called 911 after the assault on January 11, 2015. FBI Task
Force Officer James Donovan, a member of the Saugus Police Department, notified
FBI Special Agent Jesse Chizmadia of the assault on or about January 11 or 12, 2015 .
FBI evidence technicians responded to the location on or about January 13, 2015, as
set forth in reports previous!y produced. Due to his injuries, CW-1 was unable to be
interviewed about the assault by SA Chizmadia until February 11, 2015.
15. Enclosed are responsive documents in the government's possession, custody and
control which have not already been provided to the defendant.
USAO DECICCO 0003222.
16. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.1 (c)(1) or Local Rule 1 l 6.2(b )(1 ).
17. Enclosed and produced pursuant to the protective order are responsive documents in
the government's possession, custody and control which have not already been
3
Case 1:17-cr-10092-NMG Document 304-30 Filed 05/25/18 Page 4 of 6
18. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l).
19. Enclosed are responsive documents in the government's possession, custody and
control which have not already been provided to the defendant.
USAO DECICCO- 00003224 to USAO- DECICCO 00003225.
20. Enclosed are responsive documents in the government's possession, custody and
control which have not already been provided to the defendant.
USAO- DECICCO- 0003226.
21. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.1 (c)(1) or Local Rule 116.2(b)(1 ).
22. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l).
23. With respect to the first paragraph of Request 23, the government has no responsive
documents in its possession, custody or control which have not already been
produced to the defendant and which the government is required to produce under
Local Rule 116.1 (c )(1) or Local Rule 116.2(b)(1 ). With respect to the second
paragraph of Request 23, to the extent it is a request and not a comment on the
government's investigation, the government declines to produce any information
which it has not already provided to the defendant, on the grounds that it is subject to
law enforcement privileges and work product protection.
24. The government notes that this information is not actually "discoverable under Fed.
R. Crim. P. 16(1)(1)(E)(i) ... Fed R. Crim. P. 16(a)(l)(B)(i) and Local Rule
116.l(c)(l)(A)." Regardless, enclosed are responsive materials in the government's
possession, custody and control which have not already been provided to the
defendant. USAO DECICCO 0003227 to USAO DECICCO 0003228.
25. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant and which the government is
required to produce under Local Rule 116.1 (c)(1) or Local Rule l 16.2(b)(1 ).
26. The government made its Fed.R.CrimP. 16(a)(l)(E)(i) disclosures on May 26, 2017.
It will make further disclosures regarding its anticipated exhibits on May 14, 2018,
pursuant to Docket No. 152.
4
Case 1:17-cr-10092-NMG Document 304-30 Filed 05/25/18 Page 5 of 6
27. The government has no responsive documents in its possession, custody or control.
28. The government has no responsive documents in its possession, custody or control
which have not already been produced to the defendant.
29. Enclosed are responsive documents in the government's possession, custody and
control which have not already been provided to the defendant.
USAO_DECICCO_ 00003229 to USAO_DECICCO_0003243. The government
notes that the following statement is not accurate: "During the timeframe of the
alleged attempted extortion, federal agents and the Massachusetts State Police
approached Mr. DeCicco and requested him to cooperate on at least two instances,
including during the summer of 2013 and after Mr. DeCicco's arrest on March 17,
2017." The government is not aware that any law enforcement agent asked for
DeCicco's cooperation in 2013 or 2017. In fact, the defendant's prior attorney,
Michael Kendall, approached the government well after DeCicco's March 2017 arrest
and offered DeCicco 's cooperation in an effort to get DeCicco released from prison
pending trial. Please contact undersigned counsel or Mr. Kendall for more
information regarding those conversations, which took place between counsel and
never in the presence of the defendant.
30. The government is unaware of any inconsistent statements made to the FBI as to why
CW-1 believed he was assaulted on January 11, 2015.
31. The government has no responsive documents in its possession, custody or control.
32. The government is not aware that any agent or attorney threatened to prosecute a
witness in this matter if he or she did not change their account of events, or warned a
witness to be careful what he or she said to defense attorneys or investigators or they
will be prosecuted. The remainder of Request 32 calls for the production of
information the government is not required to disclose under Local Rule 116.l(c)(l)
or Local Rule 116.2(b)(l).
33. Request 33 calls for the production of information the government is not required to
disclose under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l).
34. The government has no responsive documents in its possession, custody or control.
35. The government has no responsive documents in its possession, custody or control.
36. The government has no responsive documents in its possession, custody or control.
37. The government will make the disclosures required by Local Rule l 16.2(b)(2)
regarding testifying witnesses 21 days before trial.
38. Enclosed are responsive documents in the government's possession, custody and
control which have not already been provided to the defendant.
USAO_DECICCO_0001262. The government declines to provide information in
response to subsections (1), (2), (3) and (5) because the government is not required to
5
Case 1:17-cr-10092-NMG Document 304-30 Filed 05/25/18 Page 6 of 6
provide such information under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l). In
addition, some or all of the information requested in these subsections is Classified.
In response to subsection (4), the government incorporates by reference its May 26,
2017 automatic disclosures. In response to subsections (6) and (7), the government is
not required to provide such information under Local Rule 116.1 (c)(1) or Local Rule
116.2(b)(l), but nevertheless states that it has no responsive information in its
possession, custody or control. The government declines to provide information in
response to subsections (8) through (16) because the government is not required to
provide such information under Local Rule 116.l(c)(l) or Local Rule 116.2(b)(l).
The government has no documents responsive to subsections (17) and (18) in its
possession, custody or control.
39. The government has no responsive information in its possession, custody or control.
40. The government has no responsive documents in its possession, custody or control.
Please call the undersigned Assistant U.S. Attorney at 617-748-3371 if you have any questions.
ANDREW E. LELLING
United States Attorney
Moakley123!
6
Case 1:17-cr-10092-NMG Document 304-31 Filed 05/25/18 Page 1 of 2
Andrew E. Lelling
United States Attorney
District of Massachusetts
Main Reception: (617) 748-3100 John Joseph Moakley United States Courthouse
1 Courthouse Way
Suite 9200
Boston, Massachusetts 02210
By E-Mail
Thomas C. Frongillo
Fish & Richardson
1 Marina Park Drive
Boston, MA 02210
Dear Counsel:
This morning we searched the extraction report for Mr. Mirnasiri’s phone for the phone
numbers associated with SA Chizmadia and Det. Lt. Frenzo. As a supplement to the
government’s 21-day production, I have enclosed additional text messages between SA
Chizmadia and Mr. Mirnasiri that were included in the extraction report from Mr. Mirnasiri’s
cellular telephone, which inexplicably do not show up on the FBI report of text messages. See
USAO_DECICCO_00025565 through USAO_DECICCO_00025686. As you can see from the
SMS Index page of document number USAO_DECICCO_00024502, the request for SA
Chizmadia’s texts was for the time period August 2014 to “no end date.” We have reached out
to the FBI technicians who process these requests to ensure that we have produced all texts
between SA Chizmadia and Mr. Mirnasiri in the government’s possession, custody and control.
Mr. Mirnasiri’s phone extraction report contained no text messages with Det. Lt. Frenzo.
Also enclosed, as a supplement to the government’s 21-day production, are text messages
between SA Elio and Mr. Mirnasiri from January 2018 until present, and three recent email. See
USAO_DECICCO_00025687 through USAO_DECICCO_00025702. We are in the process of
double-checking to make sure that all text messages between SA Elio and Mr. Mirnasiri
contained in the extraction report for Mr. Mirnasiri’s phone were provided either today or on
May 8, 2018.
Mr. Mirnasiri is the victim in this case. Though not required to do so, he voluntarily
produced his phone to the government for review. The earliest phone call entry on the phone log
and the earliest SSM and MMS messages recovered from Mr. Mirnasisi’s phone are from July
19, 2016. As you know, we previously had reviewed the entirety of the extraction report for
Case 1:17-cr-10092-NMG Document 304-31 Filed 05/25/18 Page 2 of 2
relevant or exculpatory information, including information beyond the August 2014 to January
2015 time period. Believing all of SA Chizmadia’s text messages had been provided by the FBI
technicians and produced to the Defendant, we did not previously produce them.
We do not believe we are required to turn over the entire extraction report for 2014 and
2015, which may include personal and business information for Mr. Mirnasiri, to the extent it has
nothing to do with the case or is not exculpatory in some way.
Please call the undersigned Assistant U.S. Attorneys at 617-748-3371 if you have any
questions.
ANDREW E. LELLING
United States Attorney
2
Case 1:17-cr-10092-NMG Document 304-32 Filed 05/25/18 Page 1 of 5
Ashley Deaso
Counsel –
We have completed the review of all content on the phone that we were able to access.
Kristina
From: Barclay, Kristina (USAMA)
Sent: Monday, May 21, 2018 2:44 PM
To: 'Caroline Simons' <simons@fr.com>; Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>; Richardson, Robert (USAMA)
<RRichardson@usa.doj.gov>
Cc: Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Subject: RE: Defense Exhibits
Caroline:
As I stated in the discovery hearing, we have completed the review of CW‐1’s phone, with the
exception of some video/audio files that postdate the offense at issue in this case and
therefore would be entirely irrelevant. Nevertheless, we intend to review but are having
technical difficulties reviewing. When the review is complete I will let you know.
I have completed the review per my representations to Judge Hennessy and there is nothing
to produce pursuant to his order.
Kristina
From: Caroline Simons <simons@fr.com>
Sent: Sunday, May 20, 2018 10:46 PM
To: Barclay, Kristina (USAMA) <KBarclay@usa.doj.gov>; Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>; Richardson,
Robert (USAMA) <RRichardson@usa.doj.gov>
Cc: Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Subject: RE: Defense Exhibits
Kristina,
1
Case 1:17-cr-10092-NMG Document 304-32 Filed 05/25/18 Page 2 of 5
As we have laid out in much of our pretrial briefing to date, we disagree with the government’s position that the
testimony of the proposed defense witnesses is irrelevant. We confirm that at this time we are declining your request
to prepare and provide to the government a preview of the expected testimony of the defense witnesses, and we will
defer to the Court’s guidance on this issue.
We confirm that our investigator did not prepare or otherwise take any statements of defense witnesses as defined by
Rule 26.2/Jencks, which is what the government is entitled to. We confirm again that we have produced all statements
within our possession, custody, and control (with the exception of GJ transcripts and 302s), and we will supplement our
production if need be. We respectfully refuse to disclose or produce any materials or communications to the
government that constitute attorney work product, including our internal emails, notes, memoranda, etc. pertaining to
these witnesses.
While we are on the topic of discovery, please confirm if the government has completed its review of (1) CW‐1’s phone;
as well as (2) any 302s regarding attempts to identify the source of the alleged threatening calls; and (3) the FBI agents’
notes, per the government’s representations and Magistrate Judge Hennessy’s ruling during the May 10, 2018 hearing.
We also plan on providing updated witness/exhibit lists tomorrow morning, along with the anticipated production
discussed earlier this evening.
Regards,
Caroline
Caroline Simons :: Fish & Richardson P.C. :: 617 956 5907
From: Barclay, Kristina (USAMA) [mailto:Kristina.Barclay@usdoj.gov]
Sent: Sunday, May 20, 2018 9:24 PM
To: Caroline Simons <simons@fr.com>; Salah, Ibrahim (USAMA) <Ibrahim.Salah@usdoj.gov>; Richardson, Robert
(USAMA) <Robert.Richardson@usdoj.gov>
Cc: Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Subject: RE: Defense Exhibits
Caroline:
It’s impossible to file objections if we do not know what the witnesses are going to testify
about. While we have interviewed some of these individuals, their testimony as far as we can
tell would be entirely irrelevant to this case. Please confirm that you are refusing to provide
this information so that we may inform the Court.
Please also confirm that your investigator took no notes and wrote no reports, emails, texts,
etc. regarding any interviews of individuals on your witness list. If such materials exist, please
produce them tomorrow morning.
We anticipate providing updated witness and exhibit lists tomorrow morning.
Kristina
From: Caroline Simons <simons@fr.com>
Sent: Sunday, May 20, 2018 7:33 PM
2
Case 1:17-cr-10092-NMG Document 304-32 Filed 05/25/18 Page 3 of 5
To: Barclay, Kristina (USAMA) <KBarclay@usa.doj.gov>; Salah, Ibrahim (USAMA) <ISalah@usa.doj.gov>; Richardson,
Robert (USAMA) <RRichardson@usa.doj.gov>
Cc: Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Subject: RE: Defense Exhibits
Counsel:
We will provide additional exhibits that we have in our possession, custody, and control tomorrow morning.
With respect to your request for a “general description of the relevant testimony” for the proposed defense witnesses
you have identified, we are not presently aware of any authority requiring us to provide you with disclosures of their
anticipated testimony. We note that the government has not offered to provide a synopsis of the expected testimony of
its witnesses. Please let us know what authority you are relying on, however, and we will review your request. As you
know, we have voluntarily provided you with the witness statements we have in our possession, custody, and control
(with the exception of grand jury testimony and reports of FBI interviews that we received from your office). We also
understand that the government has interviewed a number of the defense witnesses already and is in possession of
their statements; indeed, the government is in possession of at least one grand jury transcript of a defense witness we
do not have access to.
Thank you.
Regards,
Caroline
Caroline Simons :: Fish & Richardson P.C. :: 617 956 5907
From: Barclay, Kristina (USAMA) [mailto:Kristina.Barclay@usdoj.gov]
Sent: Sunday, May 20, 2018 6:11 PM
To: Caroline Simons <simons@fr.com>; Thomas Frongillo <frongillo@fr.com>; jcipoletta@post.harvard.edu
Cc: Salah, Ibrahim (USAMA) <Ibrahim.Salah@usdoj.gov>; Richardson, Robert (USAMA) <Robert.Richardson@usdoj.gov>
Subject: Defense Exhibits
Counsel:
We are missing from the defense production proposed exhibits 98‐103, 105 and 106. Please
provide those first thing tomorrow morning.
In addition, please provide tomorrow morning a general description of the relevant testimony
the following proposed defense witnesses would offer:
3. Detective Stacey Forni
5. Lieutenant Robert Wells
6. Richard Aswad
7. Steven Bagnera
8. Marty Barnes
9. Maria Bazzi
10. Alen Bejtovic
3
Case 1:17-cr-10092-NMG Document 304-32 Filed 05/25/18 Page 4 of 5
11. Andrew Bisignani
12. Sharon Boggs
13. Liran Cohen
14. Mark Cullinan
15. Lawrence Cunningham
16. Nicholas D’Angelo
17. John D’Olimpio
18. Kimberly DeBenedictis
19. Vincent DeBenedictis
20. Linda DeCicco
21. Daniel DiLullo
22. Albert DiVenuti
23. Scott Grieves
24. Farzad Hagayegi
25. Robert Inello
26. Sui Chang Li
27. Charles Lightbody
28. John Lloyd
29. Alfred Lopilato
30. Sean McMahon
31. Richard Magnan
32. George Mastoras
33. Saad Moustafa
34. Corina Milian
35. Joseph Oteri
36. Julia Papagno
37. Richard Salvo
38. Richard Scourtas
39. Sherry Soleymani
40. Noelle Spinosa
41. John Taglieri
42. Ralph Texeira
43. Fred Varone
44. Peter Varone, Jr.
Kristina
Kristina E. Barclay
Assistant United States Attorney
District of Massachusetts
(617) 748‐3371
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4
Case 1:17-cr-10092-NMG Document 304-32 Filed 05/25/18 Page 5 of 5
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