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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA CRIMINAL NO. 07-103
VERSUS SECTION “L” MAG. (5)
JAMES G. PERDIGAO VIOLATION: 18 USC 1341,
1344, 2314, 1957 & 2, 26
USC 7201 & 7206 (1)
MOTION TO AUTHORIZE ISSUANCE OF SUBPOENAS
DUCES TECUM PURSUANT TO RULE 17(C)
NOW INTO COURT, through undersigned counsel, comes defendant James
Perdigao who hereby moves the court pursuant to Fed.R.Crim.P. 17(c) to authorize the
issuance of the attached Subpoenas Duces Tecum to Adams and Reese, L.L.P., Robert J.
Guidry, and Pinnacle Entertainment, Inc., commanding that they produce the items listed
on the subpoenas on or before November 7, 2008 at 10:00 a.m., for the reasons more
fully set forth in the attached memorandum in support of this motion. Defendant further
reserves the right to file additional motions regarding these matters based on the
government’s response and that of any respondent to the proposed subpoenas.
WESSEL & ASSOCIATES
A LAW CORPORATION
/s/ William F. Wessel
Case 2:07-cr-00103-EEF-ALC Document 137 Filed 09/25/2008 Page 1 of 2
2
WILLIAM F. WESSEL (#8551) 127 Camp St.
New Orleans, LA 70130
Telephone (504) 568-1112
Facsimile (504) 568-1208
and
/s/ Charles F. Griffin
CHARLES GRIFFIN, ESQ.
(#06318) 802 S. Carrollton Avenue
New Orleans, Louisiana 70118
Telephone (504) 866-4046
Facsimile (504) 866-5633
ATTORNEYS FOR
DEFENDANT
JAMES PERDIGAO
CERTIFICATE OF SERVICE
I hereby certify that on September 25, 2008 I electronically filed the above and
foregoing pleading with the Clerk of Court by using the CM/ECF system which will send
a notice of electronic filing to counsel registered with the court for receipt of pleadings by
e-mail. I also certify that the foregoing and all attachments thereto have been served on
all counsel of record as well as upon Adams and Reese, L.L.P., Robert J. Guidry and
Pinnacle Entertainment, by facsimile, electronic mail and/or by depositing same in the
United States Mail, properly addressed and postage prepaid, this 25th day of September,
2008.
/s/ William F. Wessel
WILLIAM F. WESSEL (8551)
Case 2:07-cr-00103-EEF-ALC Document 137 Filed 09/25/2008 Page 2 of 2
1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA CRIMINAL NO. 07-103
VERSUS SECTION “L” MAG. (5)
JAMES G. PERDIGAO VIOLATION: 18 USC 1341,
1344, 2314, 1957 & 2, 26
USC 7201 & 7206 (1)
MEMORANDUM IN SUPPORT OF
MOTION TO AUTHORIZE ISSUANCE OF SUBPOENAS
DUCES TECUM PURSUANT TO RULE 17(C)
This memorandum is respectfully submitted by defendant James Perdigao,
through undersigned counsel, in support of his motion to authorize the issuance of
Subpoenas Duces Tecum to Adams and Reese, L.L.P., Robert J. Guidry, and Pinnacle
Entertainment, Inc., commanding that they produce the items listed on the subpoenas on
or before November 7, 2008
Statement of the Case
Defendant is charged by the Superseding Indictment with, inter alia, mail fraud
relating to his billing practices while he was an attorney at the law firm of Adams and
Reese, L.L.P. Specifically, defendant is charged with billing practices which allegedly
defrauded the firm and various casino clients.
It is believed that the heart of the government’s case will be based upon the
testimony of firm lawyers and clients who will testify that they were “victimized” by the
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 1 of 8
2
defendant’s billing practices and entrepreneurial activities. At trial, defendant will show
that his billing practices and entrepreneurial activities were not only authorized but also
widespread throughout the firm.
Several of the document requests to Adams and Reese, L.L.P., as well as the
entirety of the document requests to Robert J. Guidry and Pinnacle Entertainment, Inc.,
focus squarely on the billing practices cited as wrongful and illegal conduct in the
Superseding Indictment. The subpoenaed records will establish the financial
arrangements and motives of the allegedly victimized firm and its clients and demonstrate
that defendant is being singled out and prosecuted for what were widespread and
authorized billing practices between the firm and its clients.
In addition to the document requests which deal with the firm’s billing practices
and entrepreneurial activities of its partners, the document requests to Adams and Reese,
L.L.P. also seek documents which will support defendant’s contention that the billing
dispute was “ginned up” as a means to undercut defendant’s efforts to report illegal and
unethical activites of the firm (including the firm’s obstruction of justice regarding
federal grand jury subpoenas dealing with Marc Morial and others, the bribery of Cong.
William Jefferson by Robert J. Guidry to illegally influence former U.S. Attorney Eddie
Jordan in the investigation and prosecution of former Governor Edwin Edwards, the
firm’s hiring of former politicians and masterminding their circumvention of the state’s
anti-corruption laws, etc.,) to the U.S. Attorney’s office. At trial the defendant will
establish that the firm made false reports to the federal authorities accusing the defendant
of engaging in prohibited entrepreneurial activities and of various billing irregularities,
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 2 of 8
3
even though firm management was aware of and had approved defendant’s
entrepreneurial activities and billing practices.
Not only did the reports fail to make any reference to their real motivation (i.e., to
destroy defendant’s credibility with regard to the firm’s obstruction of justice and other
illegal and unethical activities), the reports also failed to mention that many of the
claimed billing irregularities, such as the use of ghost hours, dummy or phantom
invoices, value-billing, transferring billable time to non-billable files, etc., were
permissible and pervasive throughout the firm. The reports also failed to disclose that
numerous partners in the firm engaged in similar entrepreneurial activities which were
closely intertwined with their practice of law with the firm. These entrepreneurial
activities included, inter alia, interests in riverboat casinos, slot machine distributorships,
consulting firms, oil and gas working interests, drilling partnerships, professional
baseball teams, professional hockey teams, professional soccer teams, film tax credit
brokerages, waste disposal facilities in the country of Angola (Africa), and numerous
other ventures.
The documents are not otherwise procurable reasonably in advance of trial by the
exercise of due diligence as they are not obtainable by defense counsel through any other
means. While defense counsel has received some of the requested records from the
government in its Rule 16 disclosures to the extent that the government has copies in
their possession, defense counsel is aware that there are a substantial number of
additional documents responsive to the subpoena requests which have not been made
available to the defendant. The defense has no reason to believe that Adams and Reese,
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 3 of 8
4
L.L.P., Robert J. Guidry and Pinnacle Entertainment, Inc. will voluntarily produce these
documents to the defendant. These documents are voluminous and the defense cannot
properly prepare for trial without advance production and inspection of these documents
so that the failure to obtain the inspection may tend to unreasonably delay the
proceedings.
Law and Argument
Rule 17(c) of the Federal Rules of Criminal Procedure provides in pertinent part as
follows:
A subpoena may order the witness to produce any books, papers, documents,
data, or other objects the subpoena designates. The court may direct the witness to
produce the designated items in court before trial or before they are to be offered in
evidence. When the items arrive, the court may permit the parties and their
attorneys to inspect all or part of them.
The right of an accused to have compulsory process for obtaining witnesses and evidence
in his favor is guaranteed in federal trials by the Sixth Amendment to the United States
Constitution. Washington v. Texas, 388 U.S. 14 (1967). The history of compulsory
process is the story of the development of the adversary process and the demise of the
inquisitorial method which was found not only unfair to the accused, but an inefficient
way of determining the truth. P. Weston, The Compulsory Process, 30 Mich.L.Rev. 71,
171 (Nov. 1974).
The United States Supreme Court has considered and approved the propriety of
employing the provision of Rule 17(c) for the early production of materials not
obtainable through Rule 16. Bowman Dairy Company v. United States, 341 U.S. 214
(1951).
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 4 of 8
5
“Any document or other materials, admissible as evidence . . . is subject to
subpoena” under Rule 17(c). Bowman Dairy, 71 S.Ct. at 679. Rule 16, which
severely restricts discovery in criminal cases, does not define outer limits of
materials available under a 17(c) subpoena, nor how wide the Rule 17(c) door will
open. Indeed, documents and materials possessed by the government but not
discoverable under Rule 16 can be reached by a Rule 17(c) subpoena – so long as
the documents and materials are evidentiary. Cf. Id, at 678.
United States v. Adritti, 955 F.2d 331, 346-47 (5th
Cir. 1992) (Goldberg, J., specially
concurring).
The moving party must show: (1) that the documents are evidentiary and relevant;
(2) that they are not otherwise procurable reasonably in advance of trial by exercise of
due diligence; (3) that the party cannot properly prepare for trial without such production
and inspection in advance of trial and that the failure to obtain such inspection may tend
to unreasonably delay the trial; and (4) that the application is made in good faith and is
not intended as a general “fishing expedition.” See United States v. Nixon, 418 U.S. 683,
699-700 (1974).
In United States v. La Rouche Campaign, 841 F.2d 1176, 1180 (1st Cir. 1988), the
First Circuit affirmed the trial court’s order requiring production of documents because
the defendant met the threshold showing of “admissibility, relevancy and specificity.”
See also, United States v. Poindexter, 732 F. Supp. 135, 138 (D.D.C. 1990) (court
ordered disclosure of former President Reagan’s diaries after in camera review to
determine relevancy).
The defendant’s motion provides all the threshold requirements necessary for the
issuance of the subpoenas duces tecum the motion seeks. The documents are evidentiary
and relevant, and they are not otherwise procurable reasonably in advance of trial by the
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 5 of 8
6
exercise of due diligence. Additionally, the defendant cannot properly prepare for the
upcoming trial without the advanced production and inspection of these documents and,
therefore, the failure to obtain the inspection may tend to unreasonably delay and prolong
the trial of this case.
It should be noted that the defendant is making a specific request for documentation
known to exist, which is specifically relevant to the issues involved in this case. The
requested documents will demonstrate quite clearly that other partners in the firm who
are listed on the subpoena engaged in the same billing practices and profited personally
outside of their practice of law at the firm, specifically the senior partners who managed
and controlled the firm. This application is made in good faith and is not intended as a
general fishing expedition. The request is solely that the court require these documents
be produced to counsel before the date of trial so that counsel will have a fair opportunity
to review the documents and prepare for an orderly and professionally prepared
presentation to the court and jury at the trial. Although counsel can subpoena the
requested documents at trial, without seeking the permission of the court to do so,
receiving the documents at that late date will unnecessarily lengthen the proceedings and
may require a continuance so that the parties can review the documents thoroughly.
Finally, it must be emphasized that the records sought by the subpoenas duces
tecum are not protected by the attorney-client privilege and that the parties receiving the
subpoenas would have no lawful basis to resist disclosure of the information sought. By
making claims against the defendant for over-billing, both Robert Guidry and Pinnacle
Entertainment, Inc. have waived their confidentiality protections. Furthermore, it is well-
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 6 of 8
7
settled that the identity of a client or matters involving the receipt of fees from a client are
normally not within the attorney-client privilege. See, In re Grand Jury Proceedings
(Rabin), 896 F.2d 1267 (11th
Cir. 1990); In re Grand Jury Proceedings 88-9 (MIA), 899
F.2d 1039 (11th
Cir. 1990); United States v. Leventhal, 961 F.2d 936 (11th
Cir. 1992).
The only know exception to this rule is the so-called “last link” doctrine, which applies
only where disclosure may be the link that could form the chain of testimony necessary to
convict that client of a federal crime. In re Grand Jury Subpoena of Slaughter, 694 F.2d
1258 (11th
Cir. 1982); In re Grand Jury Proceedings 88-9 (MIA), supra. The doctrine
does not apply where the client is already known (and has already produced documents to
the government) or unless there is a basis for believing that the disclosure of the
information would be incriminating to the client. See, In re Grand Jury Proceedings
(Rabin), supra. Clearly these criteria do not apply here and, therefore, the materials
sought by these subpoenas are not privileged.
For all of the foregoing reasons, defendant respectfully moves the court to order the
issuance of the requested Rule 17(c) subpoenas and set a return date of November 7,
2008 at 10:00 a.m. for the return of the documents requested therein and for such other
relief as may be proper in the premises.
WESSEL & ASSOCIATES
A LAW CORPORATION
/s/ William F. Wessel
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 7 of 8
8
WILLIAM F. WESSEL (#8551) 127 Camp St.
New Orleans, LA 70130
Telephone (504) 568-1112
Facsimile (504) 568-1208
and
/s/ Charles F. Griffin
CHARLES GRIFFIN, ESQ.
(#06318) 802 S. Carrollton Avenue
New Orleans, Louisiana 70118
Telephone (504) 866-4046
Facsimile (504) 866-5633
ATTORNEYS FOR
DEFENDANT
JAMES PERDIGAO
CERTIFICATE OF SERVICE
I hereby certify that on September 25, 2008 I electronically filed the above and
foregoing pleading with the Clerk of Court by using the CM/ECF system which will send
a notice of electronic filing to counsel registered with the court for receipt of pleadings by
e-mail. I also certify that the foregoing and all attachments thereto have been served on
all counsel of record as well as upon Adams and Reese, L.L.P., Robert J. Guidry and
Pinnacle Entertainment, by facsimile, electronic mail and/or by depositing same in the
United States Mail, properly addressed and postage prepaid, this 25th day of September,
2008.
/s/ William F. Wessel
WILLIAM F. WESSEL (8551)
Case 2:07-cr-00103-EEF-ALC Document 137-2 Filed 09/25/2008 Page 8 of 8
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
United States District Court
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA
V.
SUBPOENA IN A CRIMINAL CASE
JAMES G. PERDIGAO
CASE NUMBER: 07-103 “L”(5)
TO: Adams and Reese, L.L.P.
Attn: Records Custodian
4500 One Shell Square
New Orleans, LA 70139
⌧ YOU ARE COMMANDED to appear in the United States District Court at the place, date and time specified below,
or any subsequent place, date and time set by the court, testify in the above referenced case. This subpoena shall
remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.
Place
United States District Court, Eastern District of Louisiana
500 Poydras Street, New Orleans, LA, 70130
COURTROOM
C468
Judge Edon E. Fallon, Section “L”
DATE AND TIME :
November 7, 2008,
10:00 a.m.
⌧ YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):
See Exhibit A attached hereto and incorporated herein by reference.
U.S. MAGISTRATE JUDGE OR CLERK OF COURT
DATE
(BY) DEPUTY CLERK
ATTORNEY’S NAME , ADDRESS AND PHONE NUMBER: William F. Wessel Wessel & Associates 127 Camp Street, New Orleans, LA 70130, 504-568-1112
Case 2:07-cr-00103-EEF-ALC Document 137-3 Filed 09/25/2008 Page 1 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
PROOF OF SERVICE
RECEIVED
DATE
PLACE
BY SERVER
DATE PLACE
SERVED SERVED ON (PRINT NAME) FEES AND MILEAGE TENDERED TO WITNESS
� YES � NO AMOUNT $
_______________ SERVED BY (PRINT NAME)
TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that are foregoing information contained in the Proof of Service is true and correct.
Executed on _________________ __________________________________________
Date
Signature of Server
Address of Server
ADDITIONAL INFORMATION
Case 2:07-cr-00103-EEF-ALC Document 137-3 Filed 09/25/2008 Page 2 of 2
1
EXHIBIT A
Instructions and Definitions
1) The term “Firm” shall refer to Adams and Reese, L.L.P.
2) The term “document” shall mean the original and every non-identical copy of
any written, printed, non-printed, typed, photocopied, photographic, reproduced, and
graphic matter of any kind or character in your possession, under your control, or known
by you to exist, including, without limiting the generality of the foregoing, any recorded
or stored information, however produced or reproduced, including drafts, affidavits,
agreements, contracts, diaries, calendars, notes, lists, desk pads, correspondence,
memoranda (whether internal or external), studies, reports, books, communications,
interim or preliminary drafts, journals and journal entries, ledgers and ledger entries,
entries in books of account, minutes and minute entries, printouts, records of meetings,
telephone and other conferences, conversations, statements, telegraphs, telexes, teletypes,
and work papers, printed copies of electronic mail, and information electronically stored
in computers and other data storage or processing equipment, and in magnetic and optical
and other electronic media, microfilm and microfiche, and every other medium from
which the information can be retrieved or printed or reduced to readable form through
proper programming, decoding, or processing, together with necessary instructions for
understanding, using, or reproducing same. The term “document” includes originals and
all non-identical copies of documents containing notes, notations, comments,
observations, remarks, underscoring, encircling, marks made for emphasis, highlighting
or attention.
3) The term “internal accounting records” shall mean invoices and other Firm
documents which relate to, record, describe or set forth statistics by client; matter lists;
client summaries; statistics by matter; trust account activity; matter details; matter
summaries; invoice summaries; invoice time details; invoice cost details; invoice ledger
details; life to date: hours worked, hours written down/up, worked amounts, amounts
billed (original value), amounts billed (actual value), realization ratios, fees received,
costs written down/up, and total fees received; total accounts receivable (including
accounts receivable fees, accounts receivable costs, other accounts receivable, and
accounts receivable unallocated); total write-offs (including fees written off, costs written
off, and other write-offs), and total unbilled (including unbilled hours, unbilled fees, and
unbilled costs).
4) Unless otherwise stated, the time period covered by the request is January 1,
1991 through September 30, 2004.
Case 2:07-cr-00103-EEF-ALC Document 137-4 Filed 09/25/2008 Page 1 of 7
2
Document Requests
1) All internal accounting records for all matters in which Robert A. Vosbein, Sam
A. LeBlanc, Louis A. Wilson, Robert J. Conrad, Jr., Robert E. Couhig, Marc H. Morial,
Cheryl Teamer, Tim Coulon, Charles P. Adams, Jr., B. Jeffrey Brooks, Edwin C. Laizer,
Thomas G. O’Brien, Mark J. Spansel, or Martin A. Stern are designated as either the
Originating Timekeeper, Billing Timekeeper, or Supervising Timekeeper.
2) All internal accounting records relating to Client #33 (Robert J. Guidry, Harvey
Gulf International Marine, Inc.).
3) All internal accounting records relating to Client #6517 (Optimum E&P Waste
Solutions).
4) All documents and internal accounting records relating to any invoice billed on
the basis of hours worked in which a timekeeper receives a pro-ration of the collections
on such invoice which exceeds the amount worked by such timekeeper.
5) All documents and internal accounting records which relate to any invoice on
any matter which contains time entries for any timekeeper who did not actually spend the
time reflected on the invoice or which is commonly referred to as “ghost hours.”
a) All document which relate to the client’s agreement to such billing
practice on such matter.
6) All documents and internal accounting records which relate to any invoice on
any matter which contains one or more time entries for any timekeeper that such
timekeeper did not actually work.
a) All documents which relate to the client’s agreement to such billing
practice on such matter.
7) All documents and internal accounting records which relate to any invoice on
any matter in which the average billed rate for any timekeeper exceeds $1,000/hour.
a) All documents which relate to the client’s agreement to such billed rate
on such matter.
8) All documents and internal accounting records which relate to any invoice on
any matter which contains a dummy time entry.
a) All documents which relate to the client’s agreement to such billing
practice on such matter.
Case 2:07-cr-00103-EEF-ALC Document 137-4 Filed 09/25/2008 Page 2 of 7
3
9) All documents and internal accounting records which relate to any dummy
invoice on any matter.
10) All documents and internal accounting records which relate to any hourly fee
invoice on any matter which has a realization ratio in excess of 150%.
a) All documents which relate to the client’s agreement to such billing
practice on such matter.
11) All documents and internal accounting records which relate to any timekeeper
with a realization ratio in excess of 150% on a monthly or yearly basis.
12) All checks drawn on any Firm trust account payable to any Firm attorney and
all documents and internal accounting records relating to such checks.
13) All checks drawn on any Firm trust account payable to any entity affiliated with
a Firm attorney or of which a Firm attorney is an agent and all documents and internal
accounting records relating to such checks.
14) All documents responsive to a federal grand jury subpoena received by the Firm
in May 2004 (seeking all records of payments, including but not limited to billing
records, for clients of Marc Morial) which were altered or modified by the Firm after
being served with said subpoena.
15) All documents which relate to traffic citations handled, received or for which
correspondence was issued by or through Firm attorney/Traffic Court Judge Ron Sholes
for Firm attorneys, employees and clients.
16) All documents which relate to traffic citations handled, received or for which
correspondence was issued by or through Firm attorney/Traffic Court Judge Pro Tempore
Donald C. Massey for Firm attorneys, employees and clients.
17) All documents which relate to Robert A. Vosbein’s participation in the
following entities or activities (including without limitation the written proposal to, and
prior approval of, the Managing Partner and any periodic disclosures of information
regarding his participation in such entities or activities):
a) Treasure Chest Casino, LLC
b) Wellstream Corp.
c) N.O. Associates Limited Partnership
d) James B. Lewis Oil Drilling Partnership
e) Offshore Gas Partners, L.C.
f) Prime Operating Drilling Partnership
Case 2:07-cr-00103-EEF-ALC Document 137-4 Filed 09/25/2008 Page 3 of 7
4
g) Siegen Properties Limited Partnership
h) Silver Sands Offshore, LLC
i) Silver Sands-WC78, LLC
j) Silver Sands-Ship Shoal LLC
k) Silver Sands-High Island 198 LLC
l) Silver Sands-Sabine Pass LLC
m) Silver Sands-West Cameron 151 LLC
n) Silver Sands-Horelica LLC
o) Silver Sands-AGIP LLC
p) Silver Sands-West Cameron, LLC
q) Silver Sands-Mississippi LLC
r) VIP Ventures LLC
s) Silver Sands Oil Properties, L.L.C.
t) Cypress Park Townhomes
18) All documents which relate to Robert E. Couhig’s participation in the following
entities or activities (including without limitation the written proposal to, and prior
approval of, the Managing Partner and any periodic disclosures of information regarding
his participation in such entities or activities):
a) New Orleans Zephyrs Investment Group, LLC
b) New Orleans Zephyrs Management Company, Inc.
c) New Orleans Zephyrs Lease Company, LLC
d) Zephyrs Specialties, Inc.
e) Zephyrs Products, Inc.
f) Airline Place Catering Company, LLC
g) Airline Place Management Company, LLC
h) Louisiana Hockey Interests, LLC
i) N.O. Soccer Club, LLC
j) South Street Properties
k) VFI, a Louisiana partnership
l) Earl L’s, LLC
m) Couhig Services, LLC
n) Ramware Investment, LLC
o) Cityart, LLC
19) All documents which relate to Thomas G. O’Brien’s participation in the
following entities or activities (including without limitation the written proposal to, and
prior approval of, the Managing Partner and any periodic disclosures of information
regarding his participation in such entities or activities):
a) Silver Sands Oil Properties, LLC.
Case 2:07-cr-00103-EEF-ALC Document 137-4 Filed 09/25/2008 Page 4 of 7
5
20) All documents which relate to Sam A. LeBlanc III’s participation in the
following entities or activities (including without limitation the written proposal to, and
prior approval of, the Managing Partner and any periodic disclosures of information
regarding his participation in such entities or activities):
a) Gulf Gaming Equipment, Inc.
b) VFI, a Louisiana partnership
c) Happy Shrimp Company, Inc.
d) Georgetown Management and Consulting, Inc.
21) All documents which relate to Louis A. Wilson’s participation in the following
entities or activities (including without limitation the written proposal to, and prior
approval of, the Managing Partner and any periodic disclosures of information regarding
his participation in such entities or activities):
a) Treasure Chest Casino, LLC
b) Gulf Gaming Equipment, Inc.
c) Happy Shrimp Company, Inc.
22) All documents which relate to Daniel K. Rester’s participation in the following
entities or activities (including without limitation the written proposal to, and prior
approval of, the Managing Partner and any periodic disclosures of information regarding
his participation in such entities or activities):
a) Air-Ten, Inc.
b) Magnum Energy Services, Inc.
c) Cinco de Mayo, Inc.
d) The Last Chapter, Inc.
23) All documents which relate to Donald C. Massey’s participation in the
following entities or activities (including without limitation the written proposal to, and
prior approval of, the Managing Partner and any periodic disclosures of information
regarding his participation in such entities or activities):
a) DCM Holding, LLC
b) Secretarycentral.com, LLC
24) All documents which relate to Ronald J. Sholes’ participation in the following
entities or activities (including without limitation the written proposal to, and prior
approval of, the Managing Partner and any periodic disclosures of information regarding
his participation in such entities or activities):
a) LEESIMS, LLC
b) Ionique Records, Inc.
Case 2:07-cr-00103-EEF-ALC Document 137-4 Filed 09/25/2008 Page 5 of 7
6
25) All documents which relate to the written proposal to, and prior approval of, the
Managing Partner, submitted by any Firm attorney to serve as a director or officer of any
entity.
26) All documents which relate to any Firm attorney serving as a director or officer
of any entity who did not submit a written proposal to, or obtain prior approval of, the
Managing Partner.
27) All documents which relate to the written proposal to, and prior approval of, the
Managing Partner, submitted by any Firm attorney to serve as a fiduciary (including but
not limited to the position of administrator, executor, trustee, tutor, guardian, agent for
service of process, or similar agent or advisor).
28) All documents which relate to any Firm attorney serving as a fiduciary
(including but not limited to the position of administrator, executor, trustee, tutor,
guardian, agent for service of process, or similar agent or advisor) who did not submit a
written proposal to, or obtain prior approval of, the Managing Partner.
29) All documents which relate to the written proposal to, and prior approval of, the
Managing Partner and any periodic disclosures of information, submitted by any Firm
attorney to engage in any business or entrepreneurial activity (including any effort to
make money outside of his or her practice of law at the Firm).
30) All documents which relate to any Firm attorney engaging in any business or
entrepreneurial activity (including any effort to make money outside of his or her practice
of law at the Firm) who did not submit a written proposal to, or obtain prior approval of,
the Managing Partner.
31) All documents which relate to the written proposal to, and prior approval of,
both the Chair of the Firm’s Ethics Committee and the Managing Partner submitted by
any Firm attorney to engage in any business transaction with a client (other than everyday
consumer transactions).
32) All documents which relate to any Firm attorney engaging in any business
transaction with a client (other than everyday consumer transactions) who did not submit
a written proposal to, or obtain prior approval of, both the Chair of the Firm’s Ethics
Committee and the Managing Partner.
33) All documents which relate to any Firm attorney soliciting investors to purchase
state film tax credits from Incentive Partners of America (or its predecessor Louisiana
Capital One).
Case 2:07-cr-00103-EEF-ALC Document 137-4 Filed 09/25/2008 Page 6 of 7
7
34) All documents which relate to any Firm attorney’s investment in New Orleans
Zephyrs Investment Group, LLC.
35) All documents which relate to any Firm attorney soliciting investors for a
client’s interest.
Case 2:07-cr-00103-EEF-ALC Document 137-4 Filed 09/25/2008 Page 7 of 7
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
United States District Court
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA
V.
SUBPOENA IN A CRIMINAL CASE
JAMES G. PERDIGAO
CASE NUMBER: 07-103 “L”(5)
TO: Pinnacle Entertainment, Inc.
Attn: Records Custodian
3800 Howard Hughes Parkway, Suite 1800
Las Vegas, NV 89169
⌧ YOU ARE COMMANDED to appear in the United States District Court at the place, date and time specified below,
or any subsequent place, date and time set by the court, testify in the above referenced case. This subpoena shall
remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.
Place
United States District Court, Eastern District of Louisiana
500 Poydras Street, New Orleans, LA, 70130
COURTROOM
C468
Judge Edon E. Fallon, Section “L”
DATE AND TIME :
November 7, 2008,
10:00 a.m.
⌧ YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):
All invoices from Adams and Reese, L.L.P. to Pinnacle Entertainment, Inc. and/or any of its subsidiaries and all documents and records relating to payment of such invoices from January 1, 1991 through September 30, 2004. See also Exhibit A attached hereto and incorporated herein by reference.
U.S. MAGISTRATE JUDGE OR CLERK OF COURT
DATE
(BY) DEPUTY CLERK
ATTORNEY’S NAME , ADDRESS AND PHONE NUMBER: William F. Wessel Wessel & Associates 127 Camp Street, New Orleans, LA 70130, 504-568-1112
Case 2:07-cr-00103-EEF-ALC Document 137-6 Filed 09/25/2008 Page 1 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
PROOF OF SERVICE
RECEIVED
DATE
PLACE
BY SERVER
DATE PLACE
SERVED SERVED ON (PRINT NAME) FEES AND MILEAGE TENDERED TO WITNESS
� YES � NO AMOUNT $
_______________ SERVED BY (PRINT NAME)
TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that are foregoing information contained in the Proof of Service is true and correct.
Executed on _________________ __________________________________________
Date
Signature of Server
Address of Server
ADDITIONAL INFORMATION
Case 2:07-cr-00103-EEF-ALC Document 137-6 Filed 09/25/2008 Page 2 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
United States District Court
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA
V.
SUBPOENA IN A CRIMINAL CASE
JAMES G. PERDIGAO
CASE NUMBER: 07-103 “L”(5) TO: Robert Guidry
Harvey Gulf International Marine, Inc.
1901 Manhattan Blvd, Building H
Suite 200
Harvey, LA 70058
⌧ YOU ARE COMMANDED to appear in the United States District Court at the place, date and time specified below,
or any subsequent place, date and time set by the court, testify in the above referenced case. This subpoena shall
remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.
Place
United States District Court, Eastern District of Louisiana
500 Poydras Street, New Orleans, LA, 70130
COURTROOM
C468
Judge Edon E. Fallon, Section “L”
DATE AND TIME :
November 7, 2008,
10:00 a.m.
⌧ YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):
All invoices from Adams and Reese, L.L.P. to Robert J. Guidry and/or Harvey Gulf International Marine, Inc. and all documents and records relating to payment of such invoices from January 1, 1991 through September 30, 2004. See also Exhibit A attached hereto and incorporated herein by reference.
U.S. MAGISTRATE JUDGE OR CLERK OF COURT
DATE
(BY) DEPUTY CLERK
ATTORNEY’S NAME , ADDRESS AND PHONE NUMBER: William F. Wessel Wessel & Associates 127 Camp Street, New Orleans, LA 70130, 504-568-1112
Case 2:07-cr-00103-EEF-ALC Document 137-5 Filed 09/25/2008 Page 1 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
PROOF OF SERVICE
RECEIVED
DATE
PLACE
BY SERVER
DATE PLACE
SERVED SERVED ON (PRINT NAME) FEES AND MILEAGE TENDERED TO WITNESS
� YES � NO AMOUNT $
_______________ SERVED BY (PRINT NAME)
TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that are foregoing information contained in the Proof of Service is true and correct.
Executed on _________________ __________________________________________
Date
Signature of Server
Address of Server
ADDITIONAL INFORMATION
Case 2:07-cr-00103-EEF-ALC Document 137-5 Filed 09/25/2008 Page 2 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
United States District Court
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA
V.
SUBPOENA IN A CRIMINAL CASE
JAMES G. PERDIGAO
CASE NUMBER: 07-103 “L”(5) TO: Robert Guidry
Harvey Gulf International Marine, Inc.
1901 Manhattan Blvd, Building H
Suite 200
Harvey, LA 70058
⌧ YOU ARE COMMANDED to appear in the United States District Court at the place, date and time specified below,
or any subsequent place, date and time set by the court, testify in the above referenced case. This subpoena shall
remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.
Place
United States District Court, Eastern District of Louisiana
500 Poydras Street, New Orleans, LA, 70130
COURTROOM
C468
Judge Edon E. Fallon, Section “L”
DATE AND TIME :
November 7, 2008,
10:00 a.m.
⌧ YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):
All invoices from Adams and Reese, L.L.P. to Robert J. Guidry and/or Harvey Gulf International Marine, Inc. and all documents and records relating to payment of such invoices from January 1, 1991 through September 30, 2004. See also Exhibit A attached hereto and incorporated herein by reference.
U.S. MAGISTRATE JUDGE OR CLERK OF COURT
DATE
(BY) DEPUTY CLERK
ATTORNEY’S NAME , ADDRESS AND PHONE NUMBER: William F. Wessel Wessel & Associates 127 Camp Street, New Orleans, LA 70130, 504-568-1112
Case 2:07-cr-00103-EEF-ALC Document 137-5 Filed 09/25/2008 Page 1 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
PROOF OF SERVICE
RECEIVED
DATE
PLACE
BY SERVER
DATE PLACE
SERVED SERVED ON (PRINT NAME) FEES AND MILEAGE TENDERED TO WITNESS
� YES � NO AMOUNT $
_______________ SERVED BY (PRINT NAME)
TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that are foregoing information contained in the Proof of Service is true and correct.
Executed on _________________ __________________________________________
Date
Signature of Server
Address of Server
ADDITIONAL INFORMATION
Case 2:07-cr-00103-EEF-ALC Document 137-5 Filed 09/25/2008 Page 2 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
United States District Court
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA
V.
SUBPOENA IN A CRIMINAL CASE
JAMES G. PERDIGAO
CASE NUMBER: 07-103 “L”(5)
TO: Pinnacle Entertainment, Inc.
Attn: Records Custodian
3800 Howard Hughes Parkway, Suite 1800
Las Vegas, NV 89169
⌧ YOU ARE COMMANDED to appear in the United States District Court at the place, date and time specified below,
or any subsequent place, date and time set by the court, testify in the above referenced case. This subpoena shall
remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court.
Place
United States District Court, Eastern District of Louisiana
500 Poydras Street, New Orleans, LA, 70130
COURTROOM
C468
Judge Edon E. Fallon, Section “L”
DATE AND TIME :
November 7, 2008,
10:00 a.m.
⌧ YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):
All invoices from Adams and Reese, L.L.P. to Pinnacle Entertainment, Inc. and/or any of its subsidiaries and all documents and records relating to payment of such invoices from January 1, 1991 through September 30, 2004. See also Exhibit A attached hereto and incorporated herein by reference.
U.S. MAGISTRATE JUDGE OR CLERK OF COURT
DATE
(BY) DEPUTY CLERK
ATTORNEY’S NAME , ADDRESS AND PHONE NUMBER: William F. Wessel Wessel & Associates 127 Camp Street, New Orleans, LA 70130, 504-568-1112
Case 2:07-cr-00103-EEF-ALC Document 137-6 Filed 09/25/2008 Page 1 of 2
AO 89 (Rev. 7/95) Subpoena in a Criminal Case
PROOF OF SERVICE
RECEIVED
DATE
PLACE
BY SERVER
DATE PLACE
SERVED SERVED ON (PRINT NAME) FEES AND MILEAGE TENDERED TO WITNESS
� YES � NO AMOUNT $
_______________ SERVED BY (PRINT NAME)
TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that are foregoing information contained in the Proof of Service is true and correct.
Executed on _________________ __________________________________________
Date
Signature of Server
Address of Server
ADDITIONAL INFORMATION
Case 2:07-cr-00103-EEF-ALC Document 137-6 Filed 09/25/2008 Page 2 of 2