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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 1:20-MJ-03278-JJO-1

In Re: Sealed Search Warrant and 

Application for a Warrant 

_______________________________/

MORDECHAI KORF, URIEL LABER, CHAIM SHOCHET 

AND THE OPTIMA FAMILY COMPANIES’

MOTION TO INTERVENE

Mordechai Korf, Uriel Laber, Chaim Shochet, and various Optima Family 

Companies (collectively the “Movants”)1 hereby move to intervene in this 

proceeding, in order to assert valid claims of privilege and thereby avoid the 

deprivation of their constitutional rights. 

As privilege holders, the Movants are permitted to intervene. See In re Grand 

Jury Proceedings (Freeman), 708 F.2d 1571, 1575 (11th Cir. 1983) (holding that it 

was error to preclude limited intervention by claimed privilege holder in grand jury 

proceedings in order to assert privilege) (citing In re Grand Jury Proceedings 

(Jeffrey Fine), 641 F.2d 199, 201-03 (5th Cir. 1981)); see also In re Search Warrant 

Issued June 13, 2019, 942 F.3d 159 (4th Cir. 2019) (intervention permissible to 

assert privilege claims and challenge constitutionality of taint procedure); In re 

Grand Jury Subpoenas, 454 F.3d 511 (6th Cir. 2006) (same); United States v. 

Martoma, 962 F. Supp. 2d 602, 605-06 (S.D.N.Y. 2013) (“A third-party’s reasonable 

assertion of privilege with respect to documents to be produced in a criminal action 

1 The Optima Family Companies are listed in Attachment B.3 to the search warrant. The Movants 

include all such companies with the exception of Optima Specialty Steel, Kentucky Electric Steel, 

Corey Steel Company, Michigan Seamless Tube, LLC, Georgian Manganese, LLC, Vartisikhe 

2005, LLC, Optima Harvard Facility LLC and Optima Stemmons, LLC. 

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is sufficient grounds on which to grant the third-party’s motion to intervene and to 

consider the merits of that party’s application.”).

By way of background, on August 4, 2020, federal law enforcement executed 

a search warrant at the offices of the relevant Optima Family Companies located at 

200 S. Biscayne Boulevard, Suite 5500, Miami, Florida, 33130. As part of that 

search, law enforcement seized documents and equipment, including internal servers

containing electronic documents and correspondence. 

In-house lawyers for the Optima Family Companies and affiliated individuals

(such as the Movants), worked at the office, attorneys Daniela Rost, Robert Powell, 

Thad Florence, and Julia Kim performed legal work for various Optima Family 

Companies and individuals, including Korf, Laber and Shochet. Both Ms. Rost and 

Mr. Powell provided legal advice to many of the Optima Family Companies and

theirs affiliated individuals, including the Movants. Throughout the years, the office 

also employed a number of paralegals. Ms. Rost was present in her private office on 

the date of the search. She verbally informed the agents that day, and again in writing 

the following day, that they had seized documents that were protected from 

disclosure by the attorney-client and/or work product privileges. The electronic data 

seized by the government contains the Optima Family Companies and their affiliated

individuals’ privileged documents. 

The government has stated that it will be reviewing all of the seized

documents and communications for privilege on its own, using a “filter team.” The 

Movants therefore seek intervention to ensure that the protocol used to assess 

privilege accords with fundamental constitutional rights, including those afforded 

by the Sixth Amendment. See In re Search Warrant Issued June 13, 2019, 942 F.3d 

159; In re Grand Jury Subpoenas, 454 F.3d 511; see also United States v. Blasco, 

702 F.2d 1315, 1329 (11th Cir. 1983) (holding that “a communication between an 

attorney and his client that is protected by the common law attorney-client privilege 

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is also protected from government intrusion by the sixth amendment”). Because the

“filter team” procedure employed by the government will cause the Movants

irreparable harm, depriving them of their fundamental constitutional rights, 

intervention should be granted. See generally In re Search Warrant, 942 F.3d 159 

(allowing intervention and holding that “filter team” procedure was improper); In re 

Grand Jury Subpoenas, 454 F.3d 511 (same). Due to the exigencies imposed by the 

government’s ongoing possession and stated intention of reviewing privileged 

documents, the Movants have filed a separate motion for preliminary injunction, (the 

“Motion”), contemporaneously herewith. The Motion sets forth in detail the factual 

basis for intervention, as well as the legal interests at issue and the nature of the relief 

sought. 

For all of the foregoing reasons, as well as those detailed in the Motion filed 

contemporaneously herewith, the Movants should be granted leave to intervene to 

assert claims of privilege and to attempt to preserve their constitutional rights. 

WHEREFORE, the Movants respectfully request that this Court grant leave 

to intervene in this action, and any other relief that the Court deems just and proper. 

Respectfully submitted,

Black, Srebnick, Kornspan & Stumpf, P.A.

201 South Biscayne Blvd., Suite 1300

Miami, FL 33131

Tel: (305) 371-6421

Fax: (305) 371-6322

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By: /s/ Howard M. Srebnick

Howard M. Srebnick

Florida Bar No. 919063

Robert T. Dunlap

Florida Bar No. 11950

HSrebnick@RoyBlack.com

RDunlap@RoyBlack.com

Attorneys for Movants Mordechai Korf and 

Optima Family Companies

Kasowitz Benson Torres LLP

1633 Broadway

New York, New York 10019

(212) 506-1700

Marc E. Kasowitz

Mark P. Ressler

Ronald R. Rossi

Sarmad M. Khojasteh

Joshua Paul

Pro Hac Vice Anticipated

MKasowitz@kasowitz.com

MRessler@kasowitz.com

RRossi@kasowitz.com

SKhojasteh@kasowitz.com

JPaul@kasowitz.com

Attorneys for Movants Mordechai Korf, 

Uriel Laber, Optima Family Companies and 

Chaim Shochet 

By: /s/ Scott A. Srebnick

Scott A. Srebnick, P.A.

201 South Biscayne Boulevard

Suite 1210

Miami, FL 33131

Telephone: (305) 285-9019

Facsimile: (305) 377-9937

Scott@srebnicklaw.com

Attorney for Movant Uriel Laber

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