EXHIBIT 1 

Case 1:22-cv-24023-RNS Document 153-2 Entered on FLSD Docket 06/03/2024 Page 1 of 3
U.S. Department of Justice

Tax Division 

Trial Attorney: Mary Elizabeth Smith

Attorney’s Direct Line: 214-880-9779

Fax No. 214-880-9741

Mary.E.Smith@usdoj.gov

Civil Trial Section, Southwestern Region

717 N. Harwood, Suite 400

Dallas, Texas 75201

DAH:AAF:MESmith

DJ 5-18-26129

CMN 2023100222

May 29, 2024

Via Email

Alexander J. Merton

William A. Burck

Derek L. Shaffer

Jason D. Sternberg

Quinn Emanuel Urquhart & Sullivan LLP

1033 I Street NW, Suite 900

Washington, DC 20005

Re: Kenneth C. Griffin v. IRS, et al., 

1:22-cv-24023 (S.D. Fla.)

Dear Counsel:

Pursuant to the Court’s Omnibus Order on Plaintiff’s Motion to Compel Discovery and 

Other Discovery Disputes requiring us to produce: (1) the PIN prosecutorial investigative file 

(but not those portions of the file which were obtained exclusively from the TIGTA investigation 

or any grand jury materials); and (2) the direct communications between Littlejohn and Paul 

Wight, Marsha Coleman, Cody Thierry, Rene Schwartzman, and Nanette Downing, enclosed 

are:

x The United States’ Supplemental Response to Plaintiff’s Second Set of Requests 

for Production to Defendants; and

x The United States’ Second Supplemental Response to Plaintiff’s Third Set of 

Requests for Production to Defendants.

As with previous production, you will receive an invitation to download the documents 

identified in our supplemental responses from JEFS. Please note that the Bates range for this 

production is IRS-0000001 through IRS-0006953 for the emails from the IRS and PIN. The 

proffer memoranda are identified as DOJ-0000000001 through DOJ-0000000025. We affixed a 

new Bates prefix to this production because the files we received from the IRS included Bates 

numbers that inadvertently overlapped with our prior productions with the USA-Griffin prefix. 

Case 1:22-cv-24023-RNS Document 153-2 Entered on FLSD Docket 06/03/2024 Page 2 of 3
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Because we were unable to remove the Bates numbers placed on the documents by the IRS, we 

ask that you disregard the USA-Griffin prefix this production and refer to any documents from 

this production by the IRS Bates prefix. 

Our production complies fully with the Court’s order. We produce the non-privileged 

portions of PIN’s prosecutorial investigative file, but not any portions of the file that were 

obtained exclusively from the TIGTA investigation and any grand jury materials. As set out in 

the enclosed declarations of Scott H. Moffit and Jonathan Jacobson, PIN obtained the evidentiary 

materials for its prosecution of Charles Edward Littlejohn exclusively from TIGTA, except for 

the proffer memoranda. Thus, our production of PIN’s file is limited to the two proffer 

memoranda and emails between PIN and counsel for Littlejohn. 

We also produce “Littlejohn’s direct ‘To/From’ communication with specified 

employees, which the Government already collected and processed.” (ECF No. 141 at 9-10 

(quoting ECF No. 140 at 7-8) (bold supplied by Court; italics supplied by Plaintiff). As you 

explained in your reply in support of the motion to compel, those are the only communications 

you seek. And so, we have produced all direct “To/From” communication between Littlejohn 

and Paul Wight, Marsha Coleman, Cody Thiery, Rene Schwartzman, and Nanette Downing that 

the IRS previously collected from its search of Littlejohn’s laptop and email. 

Please contact us if you have any questions. 

Sincerely, 

BEATRIZ SAIZ 

Trial Attorney 

Civil Trial Section, Eastern Region 

Encls. 

BEATRIZ SAIZ

Digitally signed by 

BEATRIZ SAIZ 

Date: 2024.05.29 17:36:35 

-04'00'

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