U.S.

Department of Justice


United States Attorney
Eastern District of New York




J DG:AMC 271 Cadman Plaza East
F. #2014R00763 Brooklyn, New York 11201


May 19, 2014

By Mail and ECF

The Honorable J ohn L. Kase
Elizabeth S. Kase, Esq.
Kase & Druker
1325 Franklin Avenue, Suite 225
Garden City, New York 11530

Re: United States v. Michael Grimm
Criminal Docket No. 14-248 (PKC)

Dear Counsel:

Enclosed please find the governments discovery in accordance with Rule 16
of the Federal Rules of Criminal Procedure. The government also requests reciprocal
discovery from the defendant.

I. The Governments Disclosures

A. Statements of the Defendant

Enclosed are copies of the following documents, which contain statements of
the defendant: (a) a Federal Bureau of Investigation (FBI) report regarding the defendants
arrest on April 28, 2014; (b) an arrest log prepared in connection with the defendants arrest;
(c) a waiver of rights form; (d) a United States Marshals Service Prisoner Intake Form
prepared in connection with the defendants arrest; (e) a United States Marshals Service
Medical Release form; and (f) a United States Marshals Service Process and Contact Sheet
prepared in connection with the defendants arrest. These documents are contained on an
enclosed digital video disc (DVD), which is marked Discovery Item A, and identified as
Discovery Exhibit number 48 on the attached chart detailing the contents of the DVD.



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The Honorable J ohn L. Kase
Elizabeth S. Kase, Esq.
May 19, 2014
Page 2

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B. The Defendants Criminal History

The government is not aware that the defendant has a criminal history.

C. Documents and Tangible Objects

Enclosed is Discovery Item A, a DVD containing copies of the documents and
other materials described in the attached chart. Also enclosed is a hard disk drive marked
Discovery Item B, which contains data files from the Healthalicious point-of-sale (POS)
cash register system.

You may examine the physical evidence discoverable under Rule 16,
including original documents, by calling us to arrange a mutually convenient time. The
government will continue to provide any additional documents and objects within the scope
of Rule 16(a)(1)(E) of the Federal Rules of Criminal Procedure as they become available.

D. Reports of Examinations and Tests

The government will provide you with copies of any reports of examinations
or tests conducted in connection with this case if and when they become available.

E. Expert Witnesses

The government will comply with Rule 16(a)(1)(G) of the Federal Rules of
Criminal Procedure and Rules 702, 703 and 705 of the Federal Rules of Evidence and notify
you in a timely fashion of any expert that the government intends to call at trial and provide
you with a summary of the experts opinion. The identity, qualifications, and bases for the
conclusions of each expert will be provided to you when they become available.

F. Brady Material

The government understands and will comply with its continuing obligation to
produce exculpatory material as defined by Brady v. Maryland, 373 U.S. 83 (1963), and its
progeny. Before trial, the government will furnish materials discoverable pursuant to Title
18, United States Code, Section 3500, as well as impeachment materials. See Giglio v.
United States, 405 U.S. 150 (1972).

G. Other Crimes, Wrongs or Acts

The government will provide the defendant with reasonable notice in advance
of trial if it intends to offer any material under Rule 404(b) of the Federal Rules of Evidence.
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The Honorable J ohn L. Kase
Elizabeth S. Kase, Esq.
May 19, 2014
Page 3

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II. The Defendants Required Disclosures

The government hereby requests reciprocal discovery under Rule 16(b) of the
Federal Rules of Criminal Procedure. The government requests that the defendant allow
inspection and copying of: (1) any books, papers, documents, data, photographs, tapes,
tangible objects, or copies or portions thereof, that are in the defendants possession, custody
or control, and that the defendant intends to introduce as evidence or otherwise rely on at
trial; and (2) any results or reports of physical or mental examinations and of scientific tests
or experiments made in connection with this case, or copies thereof, that are in the
defendants possession, custody or control, and that the defendant intends to introduce as
evidence or otherwise rely upon at trial, or that were prepared by a witness whom the
defendant intends to call at trial.

The government also requests that the defendant disclose prior statements of
witnesses who will be called by the defendant to testify. See Fed. R. Crim. P. 26.2. In order
to avoid unnecessary delays, the government requests that the defendant have copies of those
statements available for production to the government no later than the commencement of
trial.

The government also requests that the defendant disclose a written summary
of testimony that the defendant intends to use as evidence at trial under Rules 702, 703, and
705 of the Federal Rules of Evidence. The summary should describe the opinions of the
witnesses, the bases and reasons for the opinions, and the qualification of the witnesses.

Pursuant to Rule 12.1(a) of the Federal Rules of Criminal Procedure, the
government hereby demands written notice, to be served within ten days of this demand, if
the defendant intends to offer a defense of alibi. The written notice shall state the specific
place or places at which the defendant claims to have been at the time of the alleged offense,
and the names and addresses of the witnesses upon whom the defendant intends to rely to
establish such alibi. The offense took place at the location, dates, and times specified in the
Indictment.

Pursuant to Rule 12.3 of the Federal Rules of Criminal Procedure, the
government hereby demands written notice of the defendants intention, if any, to claim a
defense of actual or believed exercise of public authority, and also demands the names and
addresses of the witnesses upon whom the defendant intends to rely in establishing the
defense identified in any such notice.



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The Honorable J ohn L. Kase
Elizabeth S. Kase, Esq.
May 19, 2014
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III. Future Discussions

If you have any questions or requests regarding further discovery or a
disposition of this matter, please do not hesitate to contact us.

Please be advised that, pursuant to the policy of the Office concerning plea
offers and negotiations, no plea offer is effective unless and until made in writing and signed
by authorized representatives of the Office. In particular, any discussion regarding the
pretrial disposition of a matter that is not reduced to writing and signed by authorized
representatives of the Office cannot and does not constitute a formal offer or a plea offer,
as those terms are used in Lafler v. Cooper, 132 S. Ct. 1376 (2012), and Missouri v. Frye,
132 S. Ct. 1399 (2012).

Very truly yours,

LORETTA E. LYNCH
United States Attorney

By: /s/ Anthony M. Capozzolo
Anthony M. Capozzolo
J ames D. Gatta
Nathan Reilly
Assistant U.S. Attorneys

Enclosures

cc: Clerk of the Court (PKC) (by ECF) (without enclosures)
Case 1:14-cr-00248-PKC-RML Document 14 Filed 05/20/14 Page 4 of 4 PageID #: 67
Attachment to discovery letter, dated May 19, 2014
United States v. Grimm, 14-CR-248 (PKC)

Discovery
Exhibit

Bates Stamp Number


Description
1 MGG PR 080312 00001 00024

August 3, 2012 Pen Register Applications and Orders
2 MGG PR 082312 00001 00018 August 23, 2012 Pen Register Application and Orders
3 MGG PR 101912 00001 00018 October 19 2012 Pen Register Application and Orders
4 MGG PR 121412 00001 00018 December 14, 2012 Pen Register Application and Orders
5 MGG PR 103113 00001 00016 October 31, 2012 Pen Register Application and Orders
6 MGG PR 110413 00001 00016 November 4, 2013 Pen Register Application and Orders
7 MGG PR 121213 00001 00016 December 2, 2013 Pen Register Application and Orders
8 MGG PR 021014 00001 00016 February 10, 2014 Pen Register Application and Orders
9 SW A 00001 00037 Search Warrant for two (2) cellular telephones
10 SW B 00001 00046 Search Warrant for Grimm AOL account
11 SW C 00001 00094 Search Warrant for Grimm AOL account
12 SW D 00001 00132 Search Warrant for Grimm AOL account
13 CFDF 2009 00001 00005 Congressional Financial Disclosure Form - 2009
14 CFDF 2010 00001 00005 Congressional Financial Disclosure Form - 2010
15 CFDF 2011A 00001 00005 Congressional Financial Disclosure Form - 2011
16 CFDF 2011B 00001 00005 Congressional Financial Disclosure Form - 2011 Amended
17 CFDF 2011C 00001 00005 Congressional Financial Disclosure Form - 2011 2nd Amended
18 CFDF 2012 00001 00005 Congressional Financial Disclosure Form 2012
Case 1:14-cr-00248-PKC-RML Document 14-1 Filed 05/20/14 Page 1 of 4 PageID #: 68
Attachment to discovery letter, dated May 19, 2014
United States v. Grimm, 14-CR-248 (PKC)

Discovery
Exhibit

Bates Stamp Number


Description
19 NYC DOH 00001 00041 NYC Dept. of Health and Mental Hygiene records
20 J RD 00001 00011 American Express records, check issued from Grimm bank account
and Sovereign Bank deposit ticket
21 FRL A 00001 00045 First Rehab Life re Granny Sayz Policy
22 FRL B 00001 00011 First Rehab Life re Granny Sayz Quarterly Premium Reports
23 LCK 00001 00433 LCK Services Corp. documents
24 LCKMSP 00001 00900 LCK Services Corp. and MSP documents
25 POS 00001 00012 POS System (cash register) reports re Healthalicious
26 RPWR 00001 00084 R Power documents
27 GS ACCT 00001 01188 Financial documents re Granny Sayz LLC
28 NYS DOL 00001 00032 NYS Department of Labor documents
29 NYS DOL WR 00001 00071 NYS Department of Labor wage reports 2009 to 2013
30 NYS DOL 45s 00001 00055 NYS Department of Labor certified NYS-45-MN reports
31 NYS DTF 00001 00271 NYS Department of Taxation and Finance documents
32 NYSIF 00001 00317 NYS Insurance Fund documents
33 US IRS GS 941 00001 00043 US IRS Forms 941 re Granny Sayz (2007 to 2010)
34 US IRS GS 1065 00001 00098 US IRS Forms 1065 re Granny Sayz (2007 to 2010)
35 US IRS MG 1040 00001 00098 US IRS Forms 1040 re Michael Grimm (2008 to 2012)
36 US IRS BO 1040 00001 00103 US IRS Forms 1040 re Bennett Orfaly
37 TM EM 00001 00078 E-mail communications between the individual identified as the
Manager in the Indictment, Grimm and others
38 GS LL 00001 00004 Landlord account statement re 1594 Second Avenue
Case 1:14-cr-00248-PKC-RML Document 14-1 Filed 05/20/14 Page 2 of 4 PageID #: 69
Attachment to discovery letter, dated May 19, 2014
United States v. Grimm, 14-CR-248 (PKC)

Discovery
Exhibit

Bates Stamp Number


Description
39 11CV8736 00001 000288 Pleadings, deposition transcripts (Grimm and R. Perez) and Grimm
responses to document requests and interrogatories
in Perez v. Granny Sayz, LLC et. al, 11- CV-8736 (CM) (S.D.N.Y.)
40 PR MG 00001 00875 Pen register data
41 YH 00001 00003 Yahoo.com records
42 MG 00001 00476 Records re Grimm personal finances
43 RPWR ACCT 00001 00266 R Power Healthalicious account records
44 NYS Tax 00001 00017 Application and Orders for NYS tax records
45 HE 00001 00009 Records provided by a Healthalicious employee
46 TXT 00001 00046 Text Messages between Grimm and a cooperating witness
47 CW1 00001 00063 Documents produced by a cooperation witness
48 MG ARR 00001 00011 Grimm arrest paperwork
49 LH 00001 00026 Lenox Hill Hospital records
50 HP 00001 00047 Photographs of 1594 Second Avenue (interior/exterior)
51 TU 00001 00006 Transunion records

200 BOA x0183 00001 Records from Bank of America account with an account number
ending 0183
201 CHASE x4679 00001 01986 Records from J P Morgan Chase account with account number
ending in 4679
202 CHASE x8559 00001 Records from J P Morgan Chase account with account number
ending in 8559
203 Citi MG x5175 00001 00243 Records from Citibank account with account number ending in
5175
Case 1:14-cr-00248-PKC-RML Document 14-1 Filed 05/20/14 Page 3 of 4 PageID #: 70
Attachment to discovery letter, dated May 19, 2014
United States v. Grimm, 14-CR-248 (PKC)

Discovery
Exhibit

Bates Stamp Number


Description
204 USAA x4059 00001 00139 Records from USAA credit card account with account number
ending in 4059
205 J FCU x28020 00001 00289 Records from J FCU bank account with account number ending in
28020
206 CHASE x5059 00001 00347 Records from J P Morgan Chase account with account number
ending in 5059
207 CHASE x4661 00001 00072 Records from J P Morgan Chase bank account with account number
ending in 4661
208 Citi MG x6133 00001 00059 Records from Citibank credit card account with account number
ending in 6133
209 CHASE x6970 00001 00043 Records from Citibank bank account with account number ending in
6970

300 N/A Phone analysis reports of search of two (2) cellular telephones that
were searched pursuant to the search warrants provided as
Discovery Item number 9
301 N/A Electronic documents provided by LCK Services Corp. and MSP

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