U.S. Department of Justice United States Attorney District of New Hampshire Federal Building 603/225-1552 53 Pleasant Street, Fourth Fl. Concord, New Hampshire 03301 September 19, 2007 Mark Howard, Esq Kacavas, Ramsdell & Howard, PC 175 Canal St. Manchester, NH 03104 Dear Attorney Howard: Re: Daniel Riley 1 understand that your client, Daniel Riley, desires to make statements and to provide information (“proffer”) concerning his knowledge of possible violations of federal criminal law. ‘The United States Attomey’s Office for the District of New Hampshire (“the government”) agrees to consider such a proffer under the conditions set forth belo (1) Except as provided in this letter, no statement made by Mr. Riley during the proffer session will be used by the government in any direct case against him in any trial or other proceeding unless such statement is false, misleading or made with intent to obstruct justice, in which case the statement may be used directly against Mr. Riley in any proceeding for any purpose; (2) IfMr. Riley testifies contrary to any thing he says in the proffer in any trial or other proceeding, the government may use any statement made by Mr. Riley during the proffer or information obtained directly or indirectly from the proffer for the purpose of impeachment, cross-examination or rebuttal. (3) The government may make derivative use of and may pursue investigative leads suggested by any statements made by Mr. Riley or other information provided by him, for any purpose. This provision eliminates the necessity for a Kastigar hearing at which the government would otherwise be required to prove that the evidence it would introduce in any trial or other proceeding is not tainted by any statements made by or other information provided by Mr. Riley during any proffer.Mark Howard, Esq. Re: Daniel Riley Page 2 of 2 (4) Pursuant to U.S.S.G. §1B1.8, the government agrees that any self-incriminating information provided by Mr. Riley during the examination will not be used in determining his applicable sentencing guideline range. The terms of this agreement apply to all proffers made by Mr. Riley to the government after this agreement is fully executed, This letter contains the totality of the agreement between the government and Mr. Riley. No other agreement, understanding, promise or condition may become part of this agreement unless it is committed to writing and the written agreement is fully executed. Thank you for your attention to this matter. Sincerely, THOMAS P. COLANTUONO died States Attomey ye. Robert M. Kinsella Assistant U.S. Attomey Accepted and understood: September 19, 2007 September 19, 2007