IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

IN RE: THE THIRTY-FIVE STATEWIDE 

INVESTIGATING GRAND JURY

PETITION OF: ATTORNEY GENERAL 

KATHLEEN G. KANE

:

:

:

:

:

:

No. 175 MM 2014

ORDER

PER CURIAM

AND NOW, this 26th day of August, 2015, upon the request of the supervising 

judge for removal of the seal from all matters involving the 35th Statewide Investigating 

Grand Jury and the investigation of Attorney General Kathleen Kane which have been 

lodged in this Court, save for grand jury materials such as testimony, exhibits, and in

camera proceedings, and based on the supervising judge’s assurance that there are no 

present grand jury secrecy concerns relative to such unsealing, it is hereby ORDERED

that the seal is lifted upon such terms. 
M.D. Misc. Dkt.

175 MM 2014

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

FILED

11/13/2014

Supreme Court

Middle District

ATTORNEY GENERAL KATHLEEN G. KANE'S EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

Allah M. Minoru, Esq.

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

Attorney for Attorney General Kathleen G. Kane

Winston & Strawn, LLP

Gerald L. Shargel, Esq.

200 Park Avenue

New York, NY 10166

Attorney Pro Hac Vice for

Attorney General Kathleen G. Kane

ReCelved in Supreme Court

NOV 13 2014

Middle

UNSEALED PER 

ORDER OF THE 

COURT DATED

AUGUST 26, 2015
IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-F1VE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

NOTICE OF EMERGENCY APPLICATION

FOR EXTRAORDINARY RELIEF

EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF 

Attorney General Kathleen G. Kane, by and through her counsel, Amil M. Minora, Esq.,

hereby submits an Emergency Application for Extraordinary Relief to (I) quash the submission

initiating a grand jury investigation into an alleged "leak" of information from a five-year-old

investigation, and the subpoena issued for her appearance and testimony; and (11) to vacate the

related protective order.

1. This Court has the authority to entertain this application pursuant to the Section 3309 of

the Pennsylvania Rules of Appellate Procedure; Section 726 of Pennsylvania's Judiciary

and Judicial Procedure (42 Pa.C.S. § 726); and Kings Bench Power.

2. The annexed Attorney Verification and Memorandum of Law are respectfully submitted

in support of this Application.

3. Due to the confidential subject matter of this Application, much of which is subject to a

protective order, we respectfidly request that this Application be filed under seal. A

separate motion to file under seal is appended to this Application.
Minora, Minora, Colbassani,

Krowiak, Manion & Munley

etma /Amt. 

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

cranton, PA 18510

(570) 961-1616

Winston & Strawn, LLP

6r.d.a./ Alioa Ar 

Gerald L. Shargel, Esq.

Attorney Pro Hac Vice for

Attorney General Kathleen G. Kane

200 Park Avenue

New York, NY 10166

(212) 294-2637

Dated: November 12, 2014

New York, New York

To: Clerk of Court

Thomas E. Carluccio

Special Prosecutor
IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

PROOF OF SERVICE

I hereby certify that I am this day causing the service of the foregoing Emergency

Application for Extraordinary Relief upon the persons and in the manner indicated below, which

satisfies the requirements of Pa. R.A.P. 121:

Service by Federal Express addressed as follows:

Thomas E. Carluccio

Special Prosecutor

(484) 674-2899

Law Office of Thomas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19462

Date: November 12, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

a 4A ;If 40.4044 fiA4 

Arnil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616

Wad in Suprnmo Court

NOV 1 3 ZOill

Middle
IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

MOTION TO FILE EMERGENCY

APPLICATION FOR EXTRAORDINARY

RELIEF UNDER SEAL

ATTORNEY VERIFICATION

I, Amil M. Minora, Esq., hereby verify the following:

1. I am an attorney duly admitted to practice in Pennsylvania and before this Court.

2. My office, Minora, Minora, Colbassani, Krowiak, Mattioli & Munley is located at 700

Vine Street Scranton, PA 18510.

3. I represent Attorney General Kathleen G. Kane in this matter, and as such, am fully

familiar with the facts and circumstances of this case.

4. This Verification is respectfully submitted in support of Attorney General Kane's motion

to file the enclosed Emergency Application for Extraordinary Relief under seal.

5. I hereby state that the facts set forth in this motion are true and correct (or are true and

correct to the best of my knowledge, information and belief) and that I expect to be able

to prove the same at a hearing held in this matter. I understand that the statements herein

are rnade subject to the penalties of 18 Pa. C.S. § 4904.
Dated: November 12, 2014

New York, New York

Minoru, Minora, Colbassani,

Krowiak, Mattioli & Munley

etod Ott 

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616
Nov. 14. 2014 10:54AM • No. 2875 P. 3

* )

frlt .1 . Mino ; q.

Min• . Minora, Colbassani,

Mattia'r lunley

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616

Winston & Strawn, LLP

.S 

Gerald L. Shargellf f

Attorney Pro Ilac Vice for

Attorney General Kathleen G. Kane

200 Park Avenue

New York, NY 10166

(212) 294-2637

Dated: November 12, 2014

New York, New York

To: Clerk of Court

.Thomas E. Carhiccio

Special Prosecutor
Nov. 14. 2014. 10:54AM No. 2875 P. 4

Dated: November 12, 2014

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Mii Minora, Colbassani,

uiley

Amil M. Minora,

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703-

700 Vine Street

Scranton, PA 18510

(570) 961-1616

Winston & Strawn, LLP

1,‘A

Gerald L. Shargel, q.

Attorney Pro Hoc Vice for Attorney General

Kathleen G. Kane

200-Park Avenue

New York, NY 10166

(212) 294-2637

14
Nov. 14. 2014 10:54AV No, 2875 P. 5

Mì1i i a, Minora, Colbassani,

"ak, Mattioli unley

M. Mino , sq.

Attorney for Atto ey General Kathleen G. Kane

Attorney 10: 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616

Winston & Strawn, LLP

6>e4cif .51 1,•4

Gerald L. Shargel, Esq.

Attorney Pro Hoe Vice for

Attorney general Kathleeh G. Kane

200 Park Avenue

New York, NY 10166

(212) 294-2637

Dated: November 12, 2014

New York, New York

. To: Clerk of Court

Thomas E. Carluccio

Special Prosecutor

(g-A4
Nov. 14. 2014 10:54AM \10. 2875 P. 6

Dated: November 12, 2014

New York, New York

, Minora, Colbassani,

, Mattioli unley

mi M. Miner6- Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616
N o v 1 4. 2014 10 54AM No. 2875 P. 7

Dated: Novernber 12, 2014

New York, New York

Mino

Kr

Colbassani,

Mattioli unlv

Ami M. Mino „ E q.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616
Nov. 14, 2014 10:54AM No, 2875 P. 8

Debra McCloskey Todd

Pennsylvania Supreme Court Justice

301 GRANT ST STE 3130

PITTSBURGH , PA 15219-6401

United States

412-565-2680

Max Baer

Pennsylvania Suprerne Court Justice

301 GRANT ST STE 2525

PITTSBURGH , PA 15219-6415

United States

412-467-2220

J, Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG , PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG , PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Kro7 ak, Mattioli & Munley

mil M. ivlin.ra, sq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616

2
• Nov. 14. 2014 10:54AM No.2875 P. 9

Debra McCloskey Todd

Pennsylvania Supreme Court Justice

301 GRANT ST STE 3130

PITTSBURGH , PA 15219-6401

United States

412-565-2680

Max 13aer

Pennsylvania Supreme Court Justice

301 GRANT ST STE 2525

PInSBURGI-1 , PA 15219-6415

United States

412-467-2220

J. Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG , PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG , PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Krow. k Mattioli & Munley

Am M. Minora, q,

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616
3 11/13/2014 4:35 PM CT Fax Services •>Sunrethe Court Prothonotary D 2

/

IN RE:

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYINANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

MOTION TO FILE EMERGENCY

APPLICATION FOR EXTRAORDINARY

RELIEF UNDER SEAL

AMENDED PROOF OF SERVICE

hereby certify that, on November 12, 2014, I caused the service of the Motion to File

Emergency Application for Extraordinary Relief Under Seal upon the persons and in the manner

indicated below, which satisfies the requirements of Pa. R.A.P. 121:

Service by Federal Express addressed as follows:

Thomas E. Carluecio

Special Prosecutor

(484) 674-2899

Law Office of Thornas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19462

Ronald D. Castille

Chief Justice

Pennsylvania Supreme Court

1818 MARKET ST STE 3730

PHILADELPHIA , PA 19103-363.9

United States

215-560-5663

Corrcalc F. Stevens

Pennsylvania Supreme Court Justice

10 FOX RUN RD

DRUMS , PA 18222-2155

United States

570-788-2897

Received in Supreme Court

NOV 1 4 2014

iddle
11/13/2014. 4:35 PM CT Fax Services .3 SUAVe COurt Prothonotary Ci 3

Debra McCloskey Todd

Pennsylvania Supreme Court Justice

301 GI-LANT ST STE 3130

PITTSBURGH , PA 1 521 9-6401

United States

412-565-2680

Max Baer

Pennsylvania Supreme Court Justice

301 GRANT ST STE 2525

PITTSBURGH , PA 15219-6415

United States

412-467-2220

J. Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG , PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG , PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

o-i_r e v

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton, PA 1 8510

(570) 961-1616
a 11/13/2014 4:35 PM CT Fax Services .3 Supreme Court Prothonotary 0 4

IN RE:

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG IHSTRICT

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENINSYLVAN1A NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

AMENDED PROOF OF SERVICE

1 hereby certify that, on November 12, 2014, 1 caused the service of the Emergency

Application for Extraordinary Relief upon the persons and in the rnanner indicated below, which

satisfies the requirements of Pa. R.A.P. 121:

Service by Federal Express addressed as follows:

Thomas F. Carluccio

Special Prosecutor

(484) 674-2899

Law Office of Thomas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19462

Ronald D. Castille

Chief justice

Pennsylvania Supreme Court

1818 MARKET ST STE 3730

PHILADELPHIA , PA 19103-3639

United States

215-560-5663

Correale F. Stevens

Pennsylvania Supreme Court Justice

10 F()X RUN RD

DRUMS , PA 18222-2155

United States

570-788-2897

1

Received in Supreme Court

NOV 1 4 2014

Middle
3 11/13/2014 4:35 PM CT Fax Services -> Supreme Court Prothonotary 12 5

Debra McCloskey rodd

Pennsylvania Supreme Court Justice

301 GRANT ST STE 3130

PITTSBURGH , PA 15219-6401

United States

412-565-2680

Max Baer

Pennsylvania Supreme Court Justice

301 GRANT ST STE 2525

PIF1SBURGH PA 15219-6415

United States

412-467-2220

J. Michael Eakin

Pennsylvania Supreme Court Justice

4720 OLD GETTYSBURG RD STE 405

MECHANICSBURG , PA 17055-8419

United States

717-731-0461

Thomas G. Saylor

Pennsylvania Supreme Court Justice

200 N 3RD ST FL 16

HARRISBURG , PA 17101-1590

United States

717-772-1599

Date: November 13, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley •

IX{ g,,vt

Arnil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616

2
M.D. Misc. DKt.

175 MM 2014

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

FILED

11/13/2014

Supreme Court

Middle District

NOTICE OF MOTION TO FILE

EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF UNDER SEAL

MOTION TO FILE UNDER SEAL 

Attorney General Kathleen G. Kane, by and through her counsel, Amil M. Minora, Esq.,

hereby moves to file the enclosed Emergency Application for Extraordinary Relief under seal.

1. Attorney General Kane's Emergency Application for Extraordinary Relief requests that

this Court (I) quash the submission initiating a grand jury investigation into an alleged

"leak" of information from a five-year-old investigation, and the subpoena issued for her

appearance and testimony; and (II) to vacate the related protective order.

2. Most, if not all, of the facts supporting the Application are highly confidential and subject

to a protective order. As such, Attorney General Kane respectfully requests that the

Application be filed under seal.

3. The annexed Attorney Verification is respeetffilly submitted in support of this

Application.

Received In Supreme Court

NOV 1 3 2014

Middle

UNSEALED PER ORDER 

OF THE COURT DATED

AUGUST 26, 2015
Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

Mmole, Ar 

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616

Winston & Strawn, LLP

•241/ / 19A lc

Gerald L. Shargi71:eq.

Attorney Pro Hac Vice for

Attorney General Kathleen G. Kane

200 Park Avenue

New York, NY 10166

(212) 294-2637

Dated: November 12, 2014

New York, New York

To: Clerk of Court

Thomas E. Carluecio

Special Prosecutor
IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

MOTION TO FILE EMERGENCY

APPLICATION FOR EXTRAORDINARY

RELIEF UNDER SEAL

PROOF OF SERVICE

I hereby certify that I am this day causing the service of the foregoing Motion to File

Emergency Application for Extraordinary Relief Under Seal upon the persons and in the manner

indicated below, which satisfies the requirements of Pa. R.A,P, 121:

Service by Federal Express addressed as follows:

Thomas E. Carluccio

Special Prosecutor

(484) 674-2899

Law Office of Thornas E. Carluccio

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19462

Date: November 12, 2014

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

666j.14'.44 /Atilt

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID 22703

700 Vine Street BMW in Supreme Court

Scranton, PA 1,8510

(570) 961-1616 NOV 1 3 2,014

Middle
IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-F1VE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

ATTORNEY VERIFICATION

I, Amil M. Minoru, Esq., hereby verify the following:

1. I am an attorney duly admitted to practice in Pennsylvania and before this Court.

2. My office, Minoru, Minoru, Colbassani, Krowiak, Mattioli & Munley is located at 700

Vine Street Scranton, PA 18510.

3. I represent Attorney General Kathleen G. Kane in this matter, and as such, arn fully

familiar with the facts and circumstances of this case.

4. This Verification is respectfully submitted in support of Attorney General Kane's

Emergency Application for Extraordinary Relief,

5. I hereby state that the facts set forth in this motion are true and correct (or are true and

correct to the best of my knowledge, information and belief) and that I expect to be able

to prove the same at a hearing held in this matter. I understand that the statements herein

are made subject to the penalties of 18 Pa. C.S, § 4904.
Dated: November 12, 2014

New York, New York

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

ado, M kir

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G, Kane

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

(570) 961-1616
M.D. Misc. Dkt.

175 MM 2014

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

MEMORANDUM OF LAW

FILED

11/13/2014

Supreme Court

Middle District

ATTORNEY GENERAL KATHLEEN G. KANE'S MEMORANDUM OF LAW IN 

SUPPORT OF HER EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

Arnil M. Minora, Esq.

Attorney ID: 22703

700 Vine Street

Scranton, PA 18510

Attorney for Attorney General Kathleen G. Kane

Winston & Strawn, LLP

Gerald L. Shargel, Esq,

200 Park Avenue

New York, NY 10166

Attorney Pro Hac Vice for

Attorney General Kathleen G. Kane

Waived In Supremo Court

NOV 1 3 2014

Middle

UNSEALED PER ORDER 

OF THE COURT DATED

AUGUST 26, 2015
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE: EMERGENCY APPLICATION FOR

EXTRAORDINARY RELIEF

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF

PENNSYLVANIA NO. 176 M.D.

MISC. DKT. 2012

MONTGOMERY COUNTY

COMMON PLEAS

M.D. 2644-2012

Emergency Application for Extraordinary Relief Pursuant to Pa.R.A.P. 3309, 42 Pa.C.S. §

726 and Kings Bench Power

MEMORANDUM OF LAW 

INTRODUCTION 

This memorandum is respectfully submitted in support of Attorney General Kathleen G.

Kane's Emergency Application for Extraordinary Relief Pursuant to Pa.R.A.P. 3309, 42 Pa.C.S.

§ 726 and Kings Bench Power: (I) to quash the submission initiating a grand jury investigation

into an alleged "leak" of information from a five-year-old investigation, and the subpoena issued

for her appearance and testhnony; and (II) to vacate the related protective order.

This is "an issue of immediate public importance," and we respectfully request that this

Court "cause right and justice to be done," See 42 Pa.C.S. § 726. Attorney General Kane is

being prevented from protecting the people of the Commonwealth of Pennsylvania, carrying out

the duties of her Office, and removing criminals from positions of power solely by the

machinations of two individuals.
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Two former employees of the Office of Attorney General — Frank Fina and E. Marc

Costanzo — corruptly manufactured this grand jury investigation to protect their own jobs and

reputations. For years, Fina and Costanzo had viewed and distributed pornographic,

misogynistic, racist, obscene and offensive emails using their state-owned computers. Attorney

General Kane had uncovered those emails, and was set to release them to the public. Faced with

their imminent personal and professional disgrace and desperate to keep their wrongdoing secret,

Fina and Costanzo devised a plot to block their obscene emails from being released to the public.

They triggered this grand jury investigation, they made materially misleading statements to the

court to obtain a protective order, and through their scheming they avoided public exposure.

The grand jury proceeding and the related protective order are now preventing Attorney

General Kane from investigating and potentially prosecuting Fina and Costanzo. As a result,

these two men — peddlers of pornography and obscenity depositing state paychecks — are allowed

to maintain their positions as Assistant District Attorneys in the Philadelphia District Attorney's

Office. This is an injustice of the highest order that cannot be allowed to stand.2

Frank Fina and E. Marc Costanzo should not be permitted to bury the truth of their own

gross misconduct by abusing the powers of the investigating grand jury. We respectfully submit

that the submission initiating this investigation and the subpoena to Attorney General Kane

should be quashed, and the protective order vacated, in the interest of justice.3

A selection of these emails is attached as Exhibit A.

2

Numerous state employees have rightfully lost their jobs based on the emails collected

and produced by the Office of Attorney General. This includes, but is not limited to, Justice

Seamus P. McCaffery of this Court. See In re: Mr, Justice Seamus P. McCaffery of the Supreme

Court of Pennsylvania,No. 430, Judicial Adrninistration Docket (Castille, J., Concurring

Statement).

2
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

STATEMENT OF FACTS

Fina and Costanzo's Years of Gross Misconduct

For years, former Deputy Attorneys General Frank Fina and E. Marc Costanza abused

their positions as state prosecutors and the trust placed in them by the people of the

Commonwealth of Pennsylvania. They regularly received, viewed, possessed and distributed

misogynistic, pornographic, racist, obscene and offense emails on their state-owned computers.

A selection of these emails is attached as Exhibit A.

The emails include, among other things:

An email forwarded by Fina attaching pornographic photographs with the subject "New

Office Motivation Policy Posters" (Exhibit A at 001);

An email forwarded by Fina to an attorney outside the Office of Attorney General

attaching inappropriate images with the inserted comment "My favorite is rainbows,"

referring to a photograph of a woman in rainbow-patterned underwear (Exhibit A at 007,

026);

An email forwarded by Fina attaching altered nude photographs purporting to be of

former Alaska Governor Sarah Palin (Exhibit A at 032);

Email correspondence involving Fina referencing "a murder case" on which he was

apparently working in his official capacity, and attaching sexually suggestive

photographs of a female tennis player (Exhibit A at 040);

3 In the event that the Court cannot fully resolve this Application before November 17,

2014, we request that the Court immediately order a stay of the subpoena issued for Attorney

General Kane's appearance and testimony on that date.

3
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

- An email forwarded by Fina attaching pornographic photographs showing, arnong other

things, a woman inserting a banana into her vagina, with the subject "Banana Split"

(Exhibit A at 069, 083-086);

An email received by Fina from "Gregory J Policare, Narcotics Agent, PA Office of

Attorney General," attaching a photograph of a topless woman (Exhibit A at 099, 102);

- An email received by Costanzo with the subject "Hot Ghetto Mess!" containing race- and

class-based discriminatory text and attaching racist photographs, including a photograph

of an African American baby holding a rifle (Exhibit A at 103, 145);

An email received by Fina and Costanza with the subject "Men in Training" attaching

photographs depicting, among other things, a young boy looking into the underwear of a

young girl (Exhibit A at 146, 150);

- An email forwarded to Fina and Costanzo attaching pornographic photographs showing,

among other things, a woman inserting a beer glass into her vagina, with the subject "7

XXX Ways to Serve a Man a Drink" (Exhibit A at 157, 163);

An ernail forwarded to Fina and Costanzo attaching pornographic photographs showing,

among other things, a woman inserting a pacifier into her vagina, with the subject "a New

Year's wish for you" (Exhibit A at 166, 178);

An email received by Fina and Costanzo attaching an altered nude photograph purporting

to be of President Barack Obama and former First Lady Hillary Clinton (Exhibit A at

310);

- An email received by Fina with the subject "Great T-Shirts" attaching, among other

things, a photograph of a young woman wearing a shirt with the slogan "Admit it: You'd

Go To Jail For This" (Exhibit A at 375, 379).

4
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Exhibit A contains only a small selection of the hundreds of similar emails sent and

received by Fina and Costanzo from their state-owned computers. Chief Justice Castille recently

described similar emails as "sexually explicit pornographic emails" which are "clearly obscene

and may violate the Crimes Code Section on Obscenity[1" In re: Mr. Justice Seamus P. 

McCaffery of the Supreme Court of Pennsylvania,No. 430, Judicial Administration Docket

(Concurring Statement), at 1.

Attorney General Kane Uncovers Fina and Costanzo's Criminal Conduct

In February 2014, newly-elected Attomey General Kathleen Kane set in motion a series

of events that threatened to expose Fina and Costanza 's potentially criminal misconduct.

Attorney General Kane had been elected on a platform of public transparency. One of

her first acts in office was to review the Jerry Sandusky child sexual-abuse prosecution, to

determine why the investigation of Sandusky had suffered through so many delays, Attorney

General Kane appointed Professor Geoffrey Moulton on February 4, 2013 to lead that review.

As part of the review, Moulton reviewed emails sent and received by the Office of Attorney

General.

In October 2013, the scope of the information available to Moulton and his team radically

expanded. A Special Agent working on the review devised a process to retrieve emails that had

been deleted from the system. Suddenly, Moulton had access to a much larger universe of

emails sent and received by employees of the Office of Attorney General.

That larger universe included emails that Frank Fina and E. Marc Costanzo believed they

had deleted and hidden forever.

5
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Fina Attempts to Conceal His Crimes But Fails 

When Frank Fina learned that Moulton had obtained access to his previously-deleted

emails, he knew that his career was on the verge of collapse. The obscene emails he had sent

and received from his state-owned cornputer were now in the hands of Professor Moulton and

Attorney General Kane. In accordance with Kane's policy of public disclosure and transparency,

those emails would soon be released to the public. Personally and professionally, Fina would be

ruined.

Between October 2013 and April 2014, Fina embarked on a campaign to suppress the

emails that would rightfully destroy him. He failed. On April 24, 2014, Judge Krumenacker

denied Fina's request to block the public release of his emails.

Fina and Costanzo Scheme to Conceal their Crimes by Abusing the Grand Jury Process

The next step in Frank Fina's plot took just over a month to complete, On May 29, 2014,

he and E. Mare Costanzo secured the appointment of a Special Prosecutor to investigate

Attorney General Kane in connection with an alleged •leak of grand jury materials,

On September 11, 2014, Attorney General Kane received a subpoena under which she

was ordered to appear as a witness before the Pennsylvania Statewide Investigating Grand Jury

"to testify and give evidence regarding alleged violations of the laws of the Cornmonwealth of

Pennsylvania1.1" The subpoena was signed by Supervising Judge William R. Carpenter. It

instructed Attorney General Kane to direct any questions about her appearance to Deputy

Attomey General Thomas Carluccio, the Special Prosecutor assigned to the case.

Carluccio was charged with investigating whether Attorney General Kane unlawfully

disclosed confidential grand jury material. The grand jury material allegedly disclosed was an

6
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

internal memorandum about a 2009 grand jury investigation into the finances of J. Whyatt

Mondesire, the former head of the NAACP Philadelphia chapter.

At the time of the Mondesire grand jury proceedings (beginning and ending in 2009),

Attorney General Kane was a stay-at-home mother, She was not involved in any capacity in the

Mondesire grand jury proceedings. Accordingly, she took no oath of secrecy with regard to

those proceedings. Attorney General Kane was not sworn into office until January 15, 2013.

Fina and Costanzo, both experienced prosecutors, knew that Attorney General Kane

could not have violated the law in connection with the release of any materials related to the

five-year-old Mondesire grand jury investigation. Pursuant to 42 Pa.C,S. § 4549(b), only "a

juror, attorney, interpreter, stenographer, operator of a recording device, or any typist who

transcribes recorded testimony ... shall be sworn to secrecy" regarding "matters occurring before

the grand jury[1" 42 Pa.C.S. § 4549(b). "All such persons," and only those persons, pursuant to

the statute, "shall be in contempt of court if they reveal any information which they are sworn to

keep secret." See id. Attorney General Kane therefore could not have violated the law in

connection with any disclosure related to the 2009 grand jury proceeding because she was not

sworn to secrecy with regard to that proceeding. See Castellani v. Scranton Times, L.P.,598 Pa,

283, 307 (Pa, 2008) rOnly the grand jury participants are bound by the oath of secrecy" and

only they have a duty "to uphold the integrity of the grand jury process. [O]nly the individual

swearing the oath can violate grand jury secrecy" and it is only that individual "who has the

capacity to commit a crime.").

This legal barrier was immaterial to Fina and Costanzo, because they only required the

initiation of investigating grand jury proceedings.
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Fina and Costanzo Make Materially Misleading Statements Under Oath 

Fina's scheme to prevent Attorney General Kane from releasing his obscene emails was

nearly complete. He had secured an investigation into the conduct of the Office of Attorney

General. But he still needed an Order that would block the release of his obscene emails.

On August 25, 2014, Fina and Costanzo appeared before Judge Carpenter.4 Both Fina

and Costanzo provided the Court with materially misleading descriptions of the emails that they

hoped to conceal from the public, in an effort to secure a protective order barring public release

of the emails.

Instead of appropriately describing the emails that were uncovered as pornography,

obscenity and depravity of the highest order, Fina instead told the Court that the issue was

"personal emails of mine that had been uncovered during the review of the Sandusky case by

Geoffrey Moulton,"

Costanzo described the mails as "personal and private emails that were received by me

and others who are current and former members of the staff, of a personal nature." Costanzo

continued: "Just so it's clear, the sending and receipt of personal emails was absolutely

authorized by the Attorney General. We were permitted to both send and receive emails of a

personal nature with no actual caveats in place in terms of their possible dissemination in the

future."

Neither Fina nor Costanzo offered any true and complete description of the emails that

they were seeking to keep secret. They did not inform the court that their "private" emails were

actually collections of pornography received and viewed on state-owned computers.

A transcript of the appearance was submitted to this Court by Judge Carpenter, in

connection with a separate challenge to the protective order by the Office of Attorney General.

8
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Fina and Costanza Realize their Corrupt Objective by Obtaining a Protective Order 

On August 27, 2014, the Court issued a protective order based on Fina and Costanza' s

materially misleading testimony. (Exhibit B, Order dated August 27, 2014.) That order

prevented the Office of Attorney General from releasing the pornographic and obscene emails

received by Fina and Costanza on their state-owned computers.5 As a result, it also allowed Fina

and Costanzo to keep their jobs as state prosecutors despite having themselves engaged in an

ongoing course of potentially criminal conduct.

ARGUMENT 

POINT ONE 

The Submission Initiating the Grand Jury Investigation and the Subpoena Issued for Attorney

General Kane's Appearance and Testimony Should be Quashed 

The submission initiating grand jury investigation and the subpoena issued to Attorney

General Kane should be quashed because these grand jury proceedings are irreparably tainted.

Frank Fina and E. Marc Costanzo subverted the power of the investigative grand jury to conceal

their own crimes and to preserve their own jobs and reputations. This runs contrary to the most

essential safeguards underlying the grand jury process.

One of the most basic and important functions of the grand jury "is to stand between the

government and the citizen and thus to protect the latter from harassment and unfounded

5 Specifically, the order directed all employees of the Office of Attorney General to

refrain from engaging in, or soliciting, any act of obstruction, intimidation or retaliation against

any witness summoned by the Grand Jury in the Special Prosecutor's Investigation." (Exhibit B,

at 2.)

The protective order was subsequently modified on September 17, 2014 and October 30,

2014, but the above-referenced portion of the order remains in effect.

9
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

prosecution." United States v. Dionisio,410 U.S. 19, 45 (1973) (Marshall, 7., dissenting). The

grand jury maintains this "insulating" function even when acting "in its investigative capacity."

Id.

(1962):

As Chief Justice Warren wrote of the grand jury in Wood v. Georgia,370 U.S. 375, 390

Historically,sthis body has been regarded as a primary security to the innocent

against hasty, malicious and oppressive persecution; it serves the invaluable

function in our society of standing between the accuser and the accused, whether

the latter be an individual, minority group, or other, to determine whether a charge

is founded upon reason or was dictated by an intimidating power or by malice and

personal ill will.

In this case, the power of the investigating grand jury has been corrupted to serve the

criminal ends — the "personal ill will" — of Frank Fina and E. Marc Costanza Faced with

personal and professional ruin, they acted in desperation to avoid the public disgrace that they

richly deserve. They were the individuals that instigated this investigation. They did so to

further their own unlawful agenda. The power of the grand jury, instead of acting as a "shield to

the innocent," was in this case misused to protect two peddlers of depravity from public

exposure.

Fina and Costanzo's misuse of the grand jury is exacerbated by the fact that they knew

that no unlawful act could have been committed •by Attorney General Kane, as a matter of law,

as she was never sworn before the 2009 grand jury. She could not have committed any unlawful

act of disclosure; she had no "capacity to commit a crime" under 42 Pa.C.S. § 4549(b). See

Castellani,598 Pa. at 307.

The fact that Fina and Costanzo subsequently offered materially misleading testimony tin

connection with the grand jury proceedings should be sufficient in itself to justify quashing

10
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

submission initiating the investigation. Their sworn testimony on August 25, 2015

unquestionably contained material omissions. The emails in question were not "personal" and

"private emails that were "authorized" or "permitted" by the Office of Attorney General. They

were vehicles for transmitting criminal obscenity from state-owned computers. See In re: Mr.

Justice Seamus P. McCaffery of the Supreme Court of Pennsylvania,No, 430, Judicial

Administration Docket (Concurring Statement), at 1 (discussing "sexually explicit pornographic

emails" which are "clearly obscene and may violate the Crimes Code Section on Obscenity[d").

Under Pennsylvania law, this constitutes at the least false swearing under 18 Pa.C.S. § 4903.

Fina and Costanzo initiated the grand jury investigation in this case. Based on their

willingness to mislead the court about their own wrongdoing, there can be no confidence in the

truth or completeness of any sworn statement they made in doing so.

The machinations of Frank Fina and E. Marc Costanzo must not be rewarded. We

respectfully submit that the submission initiating this grand jury and the subpoena to Attorney

General Kane must be quashed.

POINT TWO

The Protective Order Should be Vacated Because Attorney General Kane is Being Unlawfully

Prevented from Performing Her Duties 

The protective order issued in connection with this investigation must also be vacated in

order to avoid a Constitutional Separation of Powers violation.6 Attorney General Kane is the

chief law enforcement officer for the Commonwealth of Pennsylvania. She is charged with

6 The protective order is also the subject of a Petition for Review filed by the Office of

Attorney General on November 10, 2014, See Pennsylvania Office of Attorney General v.

Supervising Judge of the Thirty-Fifth Statewide Investigating Grand Jury, No — MM 2014, dated

November 10, 2014.

11
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

investigating and prosecuting criminal acts that fall within her purview. She was elected to carry

out that duty. She has an unconditional obligation to protect the citizens of this state from

criminality, particularly when the offenders at issue are public servants abusing their office. The

corrupt machinations of Frank Fina and E. Marc Costanzo have wrongfully caused the judiciary

to bar her from discharging the duties of her Office.

The protective order prevents Attorney General Kane from exposing the truth about Fina

and Costanzo to the citizens of Pennsylvania, and seeing them removed from their positions as

Assistant District Attorneys. Based on the emails they received, possessed, viewed and

distributed on their state-owned computers, they should be investigated and possibly prosecuted.

Under the terms of the protective order, it is currently impossible for the Office of Attorney

General to carry out this responsibility.

The protective order also prevents Attorney General Kane from investigating leaks

associated with this grand jury proceeding. There have been multiple news reports containing

information about this grand jury proceeding, rneaning that someone involved in the

investigation is unlawfully providing information to the press. (See Exhibit C.) The Office of

Attorney General cannot investigate these leaks — as it is charged with doing — because its

investigation may be perceived as running afoul of the overbroad protective order.

Finally, the protective order prohibits Attorney General Kane from investigating any

crimes that may have occurred in connection with the grand jury proceedings themselves. This

includes, but is not limited to, the materially misleading testimony provided by Fina and

Costanzo on August 25, 2014.

Under the terms of this protective order, Attorney General Kane and the Office of

Attorney General cannot perforrn their law enforcement duties. The restriction on Attorney

12
CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

General Kane's power to investigate and prosecute is the product of judicial action. The ultimate

result is a violation of the Separation of Powers Doctrine of the federal and state constitutions.

The protective order must therefore be vacated.

Other Grounds for Relief

The submission initiating the grand jury investigation and the subpoena should also be

quashed, and the protective order vacated, because this investigation has been tainted throughout

by leaks aimed at discrediting Attorney General Kane. On multiple occasions, information

relevant to the grand jury proceedings have been leaked in a form designed to slander Attorney

General Kane's reputation, and the reputation of the Office of Attorney General. (See Exhibit C,

collected news reports.) The failure to maintain the integrity of the grand jury proceedings in

this case is sufficiently serious and wide-spread that quashing the submission and the subpoena

and vacating the protective order is warrantee

CONCLUSION 

For the reasons set forth above, we respectfully submit that: (I) the submission initiating

the grand jury investigation and the subpoena to Attorney General Kane should be quashed; and

(II) the protective order should be vacated, under Pa.R.A.P. 3309, 42 Pa.C.S. § 726 and Kings

Bench Power. This is clearly "an issue of immediate public importance," and we respectfully

request that this Court "cause right and justice to be done." See 42 Pa.C.S. § 726.

7 The extensive leaks in this case likely constitute the criminal offense of harassment,

intimidation or retaliation against a prosecutor under 18 Pa.C.S. § 4953, as well as obstructing

administration of law or other governmental function under 18 Pa. C.S. § 5101.

13
Dated: November 12, 2014

CONTAINS CONFIDENTIAL INFORMATION

SUBJECT TO PROTECTIVE ORDER

REQUEST TO BE FILED UNDER SEAL

Minora, Minora, Colbassani,

Krowiak, Mattioli & Munley

a.14;)A,A.44.01 bemic 

Amil M. Minora, Esq.

Attorney for Attorney General Kathleen G. Kane

Attorney ID: 22703

700 Vine Street

cranton, PA 18510

(570) 961-1616

Winston & Strawn, LLP

6-A411 SW" /Alt 

Gerald L. Shargel, Esq.

Attorney Pro Hac Vice for Attorney General

Kathleen G. Kane

200 Park Avenue

New York, NY 10166

(212) 294-2637

14
EXHIBIT A

(emails and images 398 pages)

EXHIBIT NOT REPRODUCED 

DIGITALLY Available in Prothonotary's 

Office
EXHIBIT B
IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, PENNSYLVANIA

IN RE: • : SUPREME COURT OF PENNSYLVANIA

: NO. 176 M.D. MISC DICT. 2012 •

THE THIRTY-ITVE STATEWIDE

: MONTGOMERY COUNTY COMMON PLEAS

.INVESTIGATING GRAND JURY : M.D. 1424-2014

• : NOTICE NO, 123

ORDER

AND NOW, this 27th day of August, 2014, it is hereby ORDERED, pursuant to

18 Pa.C.S.§ 4954 (relating to protective orders), that:

1. The Office of the Attorney General, except upon specific authorization by

this Court or the Special Prosecutor, shall refrain from any involvement in,

or access to, the investigative efforts of the Special Prosecutor.

2. Employees of the Office of the Attorney General shall refrain from

• engaging in, or soliciting, any act of obstruction, intimidation or retaliation

against any witness summoned by the Grand Jury in the Special

Prosecutor's investigation,

3. All transcripts of Grand Jury testimony shall be given only from the

Stenographer or their employer directly to the Supervising Judge and the

Special Prosecutor, no copy shall be given to the Attomey General's

Office.
4. Employees.of the Office of the Attorney General shall not have access to

trans.cripts of proceedings before the Grand Jury or Supervising Judge,

exhibits, or other information pertaining to the Special Prosecutor's

investigation. All information related to the work of the Special

Prosecutor shall be kept in the custody of the Special Prosecutor and

•

SuperviSing Judge.

5. Any person, including employees of the Office of the Attorney General,

who engage in any act of obstruction, intimidation or retaliation against a

witness summoned by the,Grand Jury in the Special Prosecutor's

investigation may be prosecuted as set forth in 18 Pa.C.S.§ 4955 (relating

to violation of orders) and any other applicable provisions of the Crimes

Code of Pennsylvania.

6, The Special Prosecutor shall serve a Copy of this Order upon the Office of

the Attorney General.

7. The contents of this Order are sealed, and shall not be disclosed (either

verbally or in writing) by the Office of the Attorney General to any

individual outside of the Office of the Attorney General under penalty of

contempt of court.
BY THE' COURT:

WILLIAM R. CARPENTE

.Supervising Judge

Copies sent on August 27, 2014.

By First Class Mail to:

Kathleen G. Kane, Pennsylvania AttofneY General

Thomas E. Carlucci°, Esquire

J.
EXHIBIT C
State A.G. probed Philly NAACP leader Mondesires finances 5 years ago Page 1 of 5

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Knne is reviewing a 2008 grand-lury

Yvestigetlan ofj. ihthyatt Mondesire, former boat of th.o

NAACP in Philadelphia, and ono of hls employees, according

lo documents obtained by the Puffy MAYS.

Mondesire's employee, Harriet Garrett, and her daughter

pleaded guilty in 2010 to steeling Toady $2213,000 In state

grant money for a job-lraInIng program. Garrett was

sentenced to aminirnum of six months in Jail and ordered to

pay restitution. Her daughter got 18 months prohation.

A 2008 mune written by their-Deputy Attorney General

William Davis Jr. says Investigators "uncovered what

appeared lo bo questionable spending" of stale money by

Monoestre.

Kane, a Democrat, is now trying la ddlermina what happened

wIth the Mondesire investigation. Gov. Corbett a Republican,

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Exhibit C 001
State A.G. probed Philly NAACP leader Mondesire's fmances 5 years ago Page 2 of 5

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fdlondeslre, 54, says he was never quelloned and denies any

financial wrongdoing.

The 2009 Davis memo detailed for his bosses what had been

uncovered about Mondeslre and Garrett, who worked at the

Phlladelphla Sunday Slin, a weekly newspeper Mondeslre

publishes.

A nonprofit called Next Generation Community Development

Corp., which Is operated by Mondeslre, held a stategovernment grant for a jobs-trainlng program ln 2004 end

2005, but handed it off lo Garrett, who ran another nonprofit

called Creative Urban Education Systems, or CUES,

sewn:ling to the Davis memo,

Mondasire was listed as chairmen of the CUES hoard, the

marine noted, while Garrett nerved as tho treasurer for'NeY1

Generation's board.

Davis wrote hls mernoto then.Chiof Deputy Attorney General

Frank Fine and then-Senior Deputy Attorney General E. Marc

Costanzo.

Corbett, as attorney general, named Fine in 2008 to head a

new public-corruption unit and Costanza to work on cases for

the unit bin the Philadelphia region.

Floe and Costanzo now work In a sirnilar Unit tor DistrIct

Attorney Seth Whiners,

In themPli10, Davis wrote:

" Next Generation's bank-account records, obtained with a

graild-lutv subpoena, showed deposits of $1.2 rriillinn In

government grants Ina one-year period.

Another 5521,000 kith() account came from political

campaigns, rent payments and the Intermingling of money

from the ,Sunday Sun, +Ala Is owned and operated by

Mandeslie, the memo said,

' Next Generation paid 52,272 40 tho Philadelphia Club, a

private and exclusive dub In Center City.

Nexi Generation spent lens of thousands," writing cheeks to

pay Mondestre's American Express bill kir "clothes, food,

lodging gas end erdertelarnonfii und a loan from Mellon Bank.

There were also checks written lo Mondesire atrb 4o "cash."

• NextGeneratIon wroto checks for $169,900 to Charles and

Claudia Tasco and their company, CSC Construction.

(Charles Tessa ls the son ot City Councilwoman Marlon

-fiasco, a friend and poetical ally of Mondesire's for more than

three decades.)

▪ $0,451 In CMS money was given to Mondesire for what

Garrett called consulting. Thal type of expense was not

allowed, according to the rules of the grant.

"lrr "various correspondence" between Garrett and Moridesiro

discovered by investigators, she questioned payments of

more than $70,000 he made to Claudia Tasoo.

' CUES paid g f,00g for hoard, Insurance for Mondeslre.

' Davis wanted to question Mondeslre - and possibly

subpoena him far sworn grand-jury lestlmony - about Garrett,

CUES and Next Generation,

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Exhibit C 002
State A.G. probed Phifly NAACP leader Mondesire's finances 5 years ago Page 3 of 5

Never questioned

Moneesire, a termer Inquirer reporter who served es the top

alde lo the late U.S. Rep. Bill Gray, said no ono from the

Office ever questioned hlrn,

'We didn't 115 n any money tor persona! galri, Mondesire said.

He said that he has not seen the A.G. Office's documents nd

tWice declined an offer Vern the Daily News lo revlew them.

Mondesire said C&C Construction worked on four properties,

including the NAACP headquarters and his newspaper office,

Wlinfn Ilie Next Generation non-profft ts also located.

'We bought supplles with my American Express card for

construction," he said.

'They never asked me a single question back in 2009. We

rehabbed the hulldings. We spent money buying Muffler lha

buldings, censtruction and paying off developers."

Garrett declined to comment about the invesfigalions. Fier

daughter did not respond to requests for comment.

The May 20-10 news mlease about Gerrett's arrest featured

Corbett laying out the charges.

Corbett did not respond this week to two questions: Was he

briefed on the Mondesim investlgollon and did he play a role

In decidno whet happened with teal probe?

Mondeslre was suspended by the NAACP's national

headquarters In April after he teuded publicly with board

members about the finances of the !coal chapter and Next

Generation.

Those board members - Sid Booker, Donald "Ducky Birts

and the Rev. Elisha Merda - also were suspended.

Booker and Morris, whs say they are still Next Generation

board members, are naw asking a Common Pleas judge to

force Mondesire to show them the nonprofles financtel

records.

As a judge considers that request, Karre's staff is reviewing

what became of the 2009 Mondestre probe.

Davld Pelfer, who heads the A.G.'s Bureau of Special

Investigations, on March 21 intendewed Michael Mtletto, the

speclat agent who investigated Garrett and IvIon.clestre.

The Daily News obtalned 13 transcript of that taped Interview,

Mlletto told Petfer that he subpoenaed Next Generation's

bank ac.courd, the transcript shows.

'When l diet that, I found that there was a whole bunch of

money that appeared to me to be donallons to IT113 NAACP,

not 1[Mendestra], arsl they wem going Into Next Generation's

account and they were being used for [Mondesirees] lifestyle -

much of it,'' Moho told Pelfer.

Milano said he was taken off the case alter Fine and

Costanno WWI ISA about the probe, according to the

transcript.

http://www.philly.com/philly/news/20140606_StateA9 probed_Philly... 11/10/2014

Exhibit C 003
State A.G. probed Philly NAACP leader Mondesire's finances 5 years ago Page 4 of 5

Miletto said 'crirrilnel activity was Just ignored after that, He

added that Iwo accountants who had worked for Mondesire

had provided taped statements, with one asking for irnmunity

and the other asking for protection.

Fina and Costanzo declined to comment about the Mondestre

investigalLon, citing Ma %crab,/ oi grand-Jury proceedings.

Davis, now in private practice, also declined 10 comment,

citing the same restriction.

Ml!ntto, who still walks for the A.G.% office, also declined to

comment

Pelfer referred questions to Kana% cornmUnlcations staff.

J.J. Abbott, a spokesman for Kano, doclined to comment.

The Karie-Fina feud

['Ina and Costanza have a complicated and controversial

relationship with Kane.

Kane criticized Coibett's tenure as attorney general when she

ran for office in 2012, specifically targeting the Penn Stale

child-abuse scandal (hal sent fomor assistant football coach

Jerry Sandusky to prison.

Kana's stall is new conducting ani extensive review of that

investigation.

Fine lad the Sandusky probe.

Kane, on Feb. 5, Issued a statement noting that har office%

Sandusky review had boon underway for one year, adding

lhat delays in the undertaking bo described In more detail

when the raped is rnade public."

A rnonth later, tho Inquirer reported that Kane declined to

pursue an investigation previously led by Flea and Costanza,

stwting In 2010, that used Philadelphia lobbyist Tyron All as a

confidential informant to tape conversations with four Philly

state representatives and a former Ti affic Court judge. On ihe

tapes, the representatives and judge accept cash or gilts horn

Ali.

Kane has said Ana dropped 2,033 criminal counts against Ali,

who had been charged with steallng $430,000 from e state

program, 24 days before she was sworn Into office.

She said that "extraordinarily lenient'.deal "crippled the

chance ef this case succooding in prosecution."

Etna, in a letter published by tha lnqtarer a Week alter the first

story ran, called on Kane to explain her decision.

The Thquireralsu published u letter that day from Fina% hoes,

Williams, critical of Kane.

Kane eventualiy turned over the Ali case file to tAillliains, who

is now examining whether charges cari be brought against Ina

four representatives and the Traffic Court judge, who Is

currently on trial in an unrelated federal corruellori case.

bap ://www.philly. corn/philly/news/20140606_State_A G probed_Philly... 11/10/2014

Exhibit C 004
State A.G. probed Philly NAACP leader Mondesire's finances 5 years ago Page 5 of 5

On Twill-ton (21au1sOrannan1N

ph.ly7PhillyCinuLcnm

CORM IOILTINAN

Derni) News Staff WHIP' brennacephWUrteWs tun

2,5-44,59.7.1V,

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Exhibit C 005
Special prosecutor probes Pa. Attoiney General's Office

• Monday, November 10, 2014

'" " • • • • • _

r, 0John Bolorls' Forecast is

0 Philadelphia, PA philly.com

Page 1 of 5

L5551n: 3.1y5ri In I .0.I09050, f h g

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it I News l Sports I ,gritertainment l BlloiTICES I Opinion I Food I Lifestyle l Health l More

DREAMS NEWS VIDEO vOICESIEILOGS PHILADELPHIA NEWS NEVI LENS ET POLITICS EDUCATION ONITUARITS NATIONAVORLD WEATHER TTIAFFIC

Special prosecutor probes Pa.

Attorney General's Office

Store II TYNAN • ErniF

Pe. Alfons* amoral HaMle on G, Kane faces rerarlforn OVOT hnii,hat are. hvedled servelmcolels, 4 spellel p/OSOCI400 hes is-sue4 subpenno Ita her el'Irce, *Niers M101.IAEL 05iYAIIT AIFII Ploluguglog, rïs

Craig H. McCoy and Anpeta CLulnu mbis, km:Miser Cfaff Writers

LAST II PDATETI: Suoday,Aunost rLl, 2014, 1105 A51

Ztangitrer A spacial prosecutor is investigating

whether the office of Pennsylvania

Attorney General Kathleen G. Kane leaked confidential grand

jury material to a newspaper In a bid to strike bactc at former

prosecutors In the office who had been criticai of hal',

according to several people familiar with the matter.

Thu special prosecutor has issued several subpoenas to

Kane'S Office and others to explore how secret records

became public this year about a 2009 Investigation by the

Attorney Genera fa Office irwolving Philadelphia political

activist J,Inkiyah Mondeslre, the solaces said,

Though there have been periodic inquiries into grand jury

leaks in the past this appears to be first time the stale

attorney generai or top staffers In the office have come under

scrutiny.

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Exhibit C 006
Special prosecutor probes Pa. Attorney General's Office Page 2 of 5

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Reached for comment late Saturday afternoon about reports

of the leak probe, J.J. Abbott, a Kane spokesman, referred

those questions to Renee Martin, Kane's acting

communications director. MarlIn did not return phone calls,

II is unclear who commissioned the investigation, nor was The

Inquirer able to determine the special prosector's name. But

typically, sources said, such a decision would need approval

from the Pennsylvania Supreme Court.

A person who violates grand jury secrecy rules may be round

guilty of contempt of court and sentenced to up to six months

in prison.

The leak Inquiry was prompted by a Philadelphia Daily News

article In June that drew heavily upon a 20D9 internal memo

prepared as part of a grand lury Investigation that

summarized the status of the Mondesire probe.

The newspaper story questioned whether top prosecutors in

the office at the time, including then-Chief Deputy Attorney

General Frank G. Flea, had pursued the Mondesire probe

aggressively.

Over the last year, Kane, a Democrat, has been locked In an

increasingly bruising battle with Fine and other former

prosecutors and investigators who worked under liar

Repnblican predecessors over how certain high-profile cases

were handled.

Critics have faulted Kane for her decision to shut down a sting

launched by Firm that sources and frivestigative documents

say captured five Philadelphia Democratic officials taking

cash payments or gifts.

The Daily News article based on the leak seemed to suggest

Fine and other former state prosecators had fallen short in

pursuing a case against Mondestre,

Flna did not return telephone calls seeking comment for this

article. In a previous interview, he adamantly denied any

suggestlon that he did hot aggressively pursue the Mondesira

investigation, as has the lead prosecutor who was assigned to

that probe.

No charges were filed in that casa. Mondesire, a longtime

leader of the NA.ACP in Philadelphia, has denied any

wrongdoing.

In a twist, the special prosecutor's leak investigation has

Intersected with a separate and seemingly unrelated legal

fight involving many of the same combatants In another

matter: the exchange of sexually explicit e-mails among

former and current stale officials

The messages, shared on state computers and sometimes

through government e-mail accounts, arc said to have

contained pornographic images, Jokes, cartoons, and other

prhiate messages, according to people familiar with them.

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http://www.philly.comiphilly/new s/p ol itics/20140 83 1 _Bead] ineilere _in__ 11/10/2014

Exhibit C 007
Special prosecutor probes Pa. Attorney General's Office Page 3 of 5

)1119 WEER ONLY'

See More Gil-milers

Not all the recipients are known, By some accounts, some of

the material was circulated among scores of officials, from

homicide investigators in the Attorney General's Office to

state prosecutors and caner state officials, Including top

Pennsylvania jurists,

The ingulrer and other news organizations have filed Right-toKnow requests with the Attorney General's Office seeking

information about those e-malls, but a Judge has blocked the

office from deciding whether they can be released.

The e-malls have become art issue in connection with the

leak inquiry, with some Kano critics arguing that Karre's office

Is using the threat of thelr teloase as a way to silence

criticism, sources told The Inquirer,

kr an article published Saturday, the Pittsburgh LTrIbuneReview reported that the Attorney General's Office, In

response to that newspaper's Right-to-Know request, had

said a judicial stay barred the office from saying whether it

could release the e-mails.

Martin, Kane's chief spokeswoman, told the Pittsburgh

newspaper she cotild not reveal the name of the judge or•tha

court that issued the stay.

That a judge has issued a temporary stay suggests that legal

fight is ongoing.

The leak Investigation by the spacial prosecutor was launched

after a June er article in She Daily News that Kano was

reviewing a 2009 grand jury investigation into the finances of

MondeSire, former heed of the NAACP Philadelphia chapter,

arid of One of his employees.

The article clted a 2009 memo written by then-Depuly

Attorney General William Davis Jr. to Fine and tben-Senior

Deputy Attorney General E. Marc Costanza. Among other

things, the memo said investigators had "uncovered what

appeared to be questionable spending of state money by

Mendesire." The article also listed examples of the alleged

questionable spending Davis had included in the memo,

The Daily News article saki Kane wanted to find out what

happened with the investigation. Mondesire said stale

proseoutors never Interviewed

In an interview with The Inquirer this summer, Davis said it

was false to suggest FMB had impeded the probe.

The Daly News article reported that a Sop Kane aide had in

March interviewed an Investigator wlth the Attorney General's

Office who had worked on the Mondesire Case. The Daily

hlews obtained a tape of that interview. In il, Lhe paper

reported, the investigator said he had been thken off the case

after he told Etna and Costanzo about his work.

Davis, in the interview with The Inquirer, sald that the agent in

question irad been replaced and that tha probe had

continued. It wasn't dropped," Davis said,

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http://www.philly.corn/philly/news/politics/20140831 Head] ine_here 11/10/2014

Exhibit C 008
Special prosecutor probes Pa. Attorney General's Office Page 4 of 5

For Flna and other former prosecutors and Investigators in the

Attorney General's Office, and for Kane and her top

command, the quarrel over the alleged wand jury leaks, the

handling of fhe IvIondeslre case, and the sexually explicit

o-mails Ss the latest skirmish f n a war that dates to Kane's

2012 bid for office.

In that race, Kane sharply criticized Finals leadership of the

investigation into serial child sex abuser Jerry Sandusky. She

suggested political consideratlon delayed tho probe into the

former asslstant football coach at Pennsylvania State

University.

She also hired a tormer federal prosecutor to rotrivestigate the

Sandusky onset. In a recent repoit, that ex-prosectrior said he

tound no evidence tho probe had been delayed for political

reasons but said the investigation might have moved more

quickly.

ln hor first months in office, Kuno also secretly shut down a

probe Fine began that sources and investigallve documents

say caught five elected officials, all PhlladelpNa Dernecrats,

on tape taking cash, money orders, or, In one case, a $2,000

bracelet.

After The Inquirer this year revealed Kane's decision to end

the sting, she said the investigation had been carried out

poorly and was possibly tainted by racial targeting. All hve

caught on tape are African American,

Finn vigorously defended the Investigation. His current boss,

PhIladelphia DistrIcf Attorney Seth willlams, has taken on the

case.

In iecent years, judges have approved a series ot probes to

get to the bottom of leaks, such as tnformation that became

pUblIc in nuws stories about the separate investigations into

former casino operator Louis DeNapies and Sandusky.

Judge pony Feudalc jailed a former investigator with the.

Attorney General's Office for leaks related to an Investigation

into pdson conditions in Lackawanna County,

Feudale jailed him for the maximum time permItted at the time

for that form of contempt of court, 15 days. Atter Feudale

complained vigorously that such a penalty was too nlild, the

possible maximum was increased to its current six months,

arionlournbisuptillirnews.com

7l7-787-5934V

@Angelasiiiik

- • — -• •••-

Crslig R. MCCuy wad ADgela Couloornhis

Inquirer Solf Writers

http:/Avww.phi Ily .com/philly/new s/p olitics/2014 083 l_Headline_here l 1/10/20 14

Exhibit C 009
11/12/2014 Special prosecutor probes Pa. Attorney General's Office - Philly.com

Home I News j Sports

Collections • Prosecutor

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Special prosecutor probes Pa.

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COATS

By Craig R. McCoy and Angela couloumbls, inquirer Stair

Writers

POSTElJi September 01,2014

A special prosecutor is investigating whether the office of

Pennsylvania Attorney General Kathleen G. Kane leaked confidential

grand jury matenal to a newspaper in a bid to strike back at former

prosecutors in the office who had been cancel of her, according to

several people familiar with the matter.

The special prosecutor has issued several subpoenas to K aneb office

and others to explore how secret records became public this year

about a 2009 investigation by the Attorney General's Office involving

Philadelphia political activist J. Myatt Montiesire, the sources said.

Though there have been pedodic inquiries into grand jury leaks in the

past, this appears to he flrst time the slate attorney general or top

staffers in the office have come under scnffiny.

Reached for comment late Saturday afternoon about roports of the

leak probe, J.J. Abbott, a Kane spokesman, referred those questions

to Renee Marlin, Kanels acting communications director. Martin did

not return phone calls.

his unclear who commissioned the investigation, nor was Tha Inquirer

able to determine the special prosectors name. But typically, sources

sald, such a decision would need approval from the Pennsylvania

Supreme Court.

A person who violates grand jury secrecy rules may be found guilty of

contempt of court arxl sentenced to up to slx months 5 prison.

The leak Inquiry was prompted by a Philadelphia Daily News article in

June that drew heavily upon a 2009 internal memo prepared as part of

a grand jury investigation that summarized the status ot the Mondestre

probe.

The newspaper story questioned whether top prosecutors irt the office

at the time, including then-Chief Deputy Attorney General Frank G.

Fina„ had pursued the Mondesire probe aggressively.

Over tho last year, Kane,a Democrat, has been locked In an

increasingly bruising battle with Fine and other former prosecutors end

investigators who worknd under her Republican predecessors over how

certain high-profile cases were handled.

Critics have faulted Kane for her decision to shut down a sling

launched by Fine that sources and investigative documents say

captured live Philadelphia Democratic officials taking cash payments

or gilts.

The Daily News arlicre based on the leak seemed to suggest Fine and

other former stale prosecutors had fallen shod In pursuing a case

against Mcndesire.

Fine did not return telephone calls seeking comment lor this article. In

a previous IntervIew, he adamantly denied any suggestion Mat he did

not aggressively pursue the Mondesiru investigation, as has the lead

prosecutor who was assigned to that probe.

No charges were filed In that case. Mondesire, a longtime leader of the

NAACP in Philadelphia, has denied any wrongdoing.

In a twist, the special prosecutors leak investigation has intersected

wilh a separate and seemingly unrelated legal fight involving many of

the same combatants in another matter: the exchange of sexually

explicit e-mails among former and current stale otficials.

The messages, shared on state computers and sometimes through

httryllarticles.philly.com/2014-09-01/news/53417240:1 special-proseculor-whyotl-mcndealre-j-j-abbott

15 2 0

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Exhibit C 010
11/12/2014 Specief prosecutor probes Pa, Attorney General's Office - Phill yzern

government e-mail accounts, are said to hays contained pornographic ti>

images, jokes, cartoons, and other private messeges, ecoerding lo

people farnillar with them,

Not all the recipients are known, By some accounts, sprite of the

material was circulated among scoree of officlale, from homicide

investigators in the Attorney General% Office to state prosecutors end

other state officials, Including top Pennsylvania jurists.

The inquirer and other news organizations have flied Right-to-Know

requests with the Attorney General% Office seeMng information about

Mose e-mails, but a judge has blocked the office from deciding

whether they can be released.

The o-mails have become an Issue In connection with the leak inquir9,

with some Kane critics arguing that Kane's office is using the threat of

their release as a way to silence criticism, sources told The Inquirer.

In an article published Saturday, the Pittsburgh Tribune-Review

reported that the Attorney General's Office, in response to that newspapers Right-to-Know request, had sald a judicial stay barred

the office from saying whether It could release the e-mails.

Martin, Kane's chief spokeswoman, told the Pittsburgh newspaper she could not reveal the nerne of the judge or the courl that

issued the stay.

That a Judge has issued a temporary stay suggests that legal fight is ongoing.

The leak Investigation by the special prosecutor was launched after a June 6 article in the Daily News that Kane was reviewing a

2009 grand jury investigation info the finances of Monclestre, former head of the NAACP Philadelphia chapter, and of ono of his

employees.

The article cited a 2009 memo written by then-Deputy Attorney General William Davis Jr. to Fina and then-Senior Deputy

Attomoy General E. Marc Costanza. Among other thIngs, the memo said investigators had "uncovered what appeared to be

questionable spending of stale money by Mundestre." The article also listed examples of the alleged questionable spending

Davis had included in the memo.

"b hi

The Daily News anis/a said Kane wanted to find out what happened with the investigation. Mondesire said slate prosecutors

never Interviewed hire.

In en Interview with The Inquirer this summer, Davis said it was false to suggest Fine had impeded the probe.

The Daily News article reported that a top Kane aide had in March interviewed an investigator with the Attorney General's Office

who had worked on the Mondestre case. The Daily News obtained a tape of that Interview. In it, the paper reported, the

invesligatcr said he had been taken off the case after he told Fine and Costanza aboul his work.

Davis, in the interview wrth The inquirer, said that the agent in question had been replaced ahd that tha probe had continued, "It

wasn't dropped," Davis said.

For Fine and other former prosecutors and Investigators in the Attorney General's Office,.and for Kane and hor top commend, the

quarrel over the alleged grandlury leaks, the handling of the Mondeslre case, end the sexually explicit e-rnalls is the latest

skirmish in a war that dates to Kane's 2012 bid for office.

In that race. Kane sharply criticized Fina's leademhip of the investigation Into serial child sex ahuser Jerry Sandusky. She

suggested politIcal.consideration delayed the probe Into the former assistant football coach at Pennsylvania Stale University.

She also hlred a former federal prosecutor to reinvestigate the Sandusky case. In a recent report, thal ex-prosecutor said he

found no evidence the probe had been delayed for political reasons hut sald the investigation might have moved mare quickly.

In her first months iri office, Kane also secretly shut down a probe Fine began lhat sources and investigative documents say

caught five elected officials, all Philadelphia Democrats, on tape taking oust% money orders, or, in one case, a 02,000 bracelet.

Atter The Inquirer this year revealed Kane% decision' to end the sling, On said the investigation had been carried oul poorly end

was possibly tainted by racial targeting. All five caught on tape are African American.

Flna vigorously defended the investigation. His current boss, Philadelphia District Attorney Seth Williams, has taken on the case.

In recent years, judges have approved a series of probes to get to the bottom of leaks, such as intonation that became public in

news stories about the separate investigations into former casino operator Louis DeNaples and Sandusky.

Judge Bany Feudale jailed a fonner investigator with the Attorney General's Office for leaks related to an investigation Into prison

conditions in Lackawanna County.

Feociale jailed him for the maximum linie permitted at the time for that form of conteinpt of carat, 15 days. After Feudele

complained vigorously that such a penally was too mild, lhe possible maximum was increased to its current six months.

acoulourneis@phillynews.com

717-7E17-5934

@AngelasInk

You May Like apoeserecl Lh}ts by Terinola

Please Don't Retire At 62. Nere's Why,

The Morley Fool

han://articles.philly.com/2014-09-Oldnevys/53417240 1 spacial- prosecutor-whyatt-mondesire-H-abbott 2/4

Exhibit C 011
11/1212014 Kane's Office the Target of Leak Probe I News I Philadelphia Magazine

r

-IS S + OPINIWs

NAVIGATION

Kane's Office the Target of Leak Probe Was secret info leaked in revenge for criticism?

BY JOEL MATHIS I SEPTEMBER 2, 2014 AT 6:01 AM

AP Photo l Bradley C. Bower

htto://wwwxhillvrnao.cominews/2014/09/021kanes-office- tar gel-leak-Probe/ 1/7

Exhibit C 012
11/12/2014 Kane's Office the Target of Leak Probe l News l Philadelphia Magazine

Kathleen Kane has more trouble on her hands.

It's been a quiet few months for the controversial Pennsylvania attorney general, but an old scandal is

coming back to haunt her anew. The Inquirer reports a special prosecutor is investigating

whether her office leaked secret grand jury material to a newspaper — and did so to make at least

one of Kane's high-profile critics look bad.

What was leaked? Secret records involving a 2009 investigation of then Philly NAACP leader

Jerry Mondesire, who has been suspended from that post by the national office amid a

steady stream of reporting about irregularities in his finances. No charges were brought from the

A.G.'s investigation, and Mondesire has denied wrongdoing.

Why was it leaked? According to the Inquirer, a June Daily News story using the leak as a source

questioned whether forrner Chief Deputy Attorney General Frank Fina had investigated

Mondesire with enough vigor. Fina and Kane, of course, have been at loggerheads over ICane's

decision to abandon a sting operation that recorded up to five Philly Democrats taking

unreported cash gifts from a confidential informant. Fina now works for Philadelphia D.A. Seth

Williams.

So what happens if somebody is caught and convicted of leaking? The Inky says, "A person

who violates grand jury secrecy rules may be found guilty of contempt of court and sentenced to up

to six months in prison."

What's next? Unsure. The Inquirer reports the "special prosecutor has issued several subpoenas to

hurytiwww.nhillvmao.corninews/20-14/09.02/kanes-office- tercet-I eak-orobel 2f7

Exhibit C 013
11/12/2014 Kane's Office the Target of Leak ProbeI News l Ph)ladelphia Magazine

Kane's office and others" but no timeline for the investigation has been given.

« Previous Post

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Read More About: Kathleen Kane

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http://www.phillymag.cominews/2014/09/027kanes-office-target-leak-probe/ 3/7

Exhibit C 014
11/12/2014 Montco lawyer leading inquiry inlo whether Kane's office leaked grand j ury information - Phil ly.com

Home News Sports

Collectinns.• Special Prosecutor

phillyccom

Entertainment Business Food

Montco lawyer leading inquiry into

whether Kane's office leaked grand

jury information

Thomas E. Carlucci:, ia rr defrreso lawyer end RePIMiCali

GALLERY:

Thomas E,

Carluuclo Is a

defense

lawyer—

By Angela Coulounibis and Craig R. McCoy, inquirer Staff

Writers

POSTED: September 04, 2D14

Subscriber Services l clirr1liIrrr I DEIIIEViS

Lifestyle 1 Health Marketplace

A veteran lawyer from Montgomery County is the special prosecutor

heading the Inquiry into whether state Attorney General Kathleen G.

Kane's office leaked grand jury information in an effort 10 dIscredil her

critics, The Inquirer has learned.

Thomas E. Carlucci°, a criminal defense lawyer In Plymouth Meeting

and former prosecutor in Delaware, was appointed over the summer by

a Montgomery County judge to explore how secret records became

public this year about a 2009 investigation by the Attorney General's

Office involving Philadelphia political activIst J. Whyatt IvIondesiro,

according to several people (emitter with the matter.

No charges were brought against Mondesire In the case. The

irivesilyalion, details of which appeared tri a June story in the

Philadelphia Daily News, took place before Kane became attorney

general.

Caduccio did not respond to messages -keft by phone and e-mail

Tuesday. Renee Martin, Kane's acting director of cornrnunIcalions,

said the office would have no comment.

The Inquirer first reported news of the special prosecutors

appointment on Sunday. Sources said investigators in tho inquiry have

issued subpoenas io KaneS office and others.

Carluccie was appointed by Judge William Carpenter, the supervising

grand fury judge in the eastern part of the state, the sources said. Both

men are Republicans. Kane Is a Democrat.

Though there nave been past leak inquiries, this appears lo be first

htt licles.phi l I y.corn/2014-09- 04/news.63527771_1_speci al-prosecutor-al.forney-general-kathieen-g-kano

Tweat 8-1

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Kane denies bid to release controversial

e-mails

Seplember 2E, 2014

Kane to decide whether to release state

workers racy c-mails

Sephrmber 21. 2014

Special prosecutor probes Pa. Attorney

General's Office

SeptemDer 1, 2014

District Attorney Williams blasts

attorney general in sting case

March 22 21114

Find More Stories About

Special Prosecutor

Kane

Exhibit C 015
11/12/2014 Manton lawyer leading inquiry into whether Kane's office leaked grand jury information - Philly.com

Bronx

Acciden

Lawyers

theattorneys.us

Expert.

Experienced

Since 1977

Free Consult.

No RecoveryNo Fee

time the state attorney general cr top staffers In the office have come

under scrutiny. Such an inquiry typically requires ihe approval of the

chief Justice of the Pennsylvania Supreme Court, according to a

spokesman for ihe Administrative Office of Pennsylvania Courts,

A person who violates grand Jury secrecy rules may be founci guilly of

contempt of court and sentenced lo up to six months In prison,

Caduccio, 57, worked as a state deputy attorney garierat in Delaware

before switching sides to work es a defense attorney In Pennsylvania.

His wife, Carolyn Tornetta Caduccio, is a judge. A Republican, she

Ioined Carpenter on the Montgomery County Common Fleas bench in

2019.

The leak to the Daily News Invelved a 2009 investigation by former

Chief Deputy Attorney General Frank a Finn and onetime Senior

Deputy Attorney General E. Marc Costanza. Fine, who handled the

office's highest-profile criminal cases, left his position shortly after

Kane took office,

2014 JEEP, CHEROKEE

Heated battle

Fine and Knne have been locked in a heated battle over the last Iwo years on how certain cases were handled.

Karre, Mr Instance, brought in a fomear federal prosecutor after she was elected to review Fina's prosecution of former Penn State

football coach Jeny Sandusky on child sex-abuse charges.

During her campaign for office. Kane width's Sandusky probe rnight have been delayed for political reasons. The independent

review found no evidence of that.

And for the last six. months, Kane has feced criticism for shutting down a sting operation launched by Firea that sources and

investigative documents say captured five Philadelphia Democrats, including four state legislatom, on tape accepting money or

gifts,

As criticism over the sting case mounted, the Philadelphia Daily News reported in earty June thal Kane was conducting a review

of Fines handling of a 2005 investigation Into Mordesire's finances.

The newspaper's story discussed, arnong other things, a Secret investgalive memo surnrrearizing the status of Me Mondesire

probe.

Mondosire, the former president of the Philadelphia NAACP., has denied any wrongdoing.

Explicit e-mails

The leak investigation has been complicated by a separate but intense legal fight over the exchange of sexually explicit e-mails

among forrner and current state officials,

The e-malls have become an issue because some Xane critics argue that Kane's office Is using the threat of their release as a

way to silence criticism of leer, sources have told The inquirer.

The messages were discovered during Kene's review of the Sandusky investigation, which involved going through thousands of

documents.

The inquirer has reported thal lhe o-mails were shared on slate computers and sometimes through government e-mail accounts.

They are said to hove contained pornographic images, jokes, cartoons, wed other private messages.

Though not all cif !fee recipients am known, some of the materiel circulated among seems of officials, from hernicide investigators

In the Attorney General's Office to state prosecutors and other stete officiels, including lop Permsylvanlejurists, The inquIrenhos

reported.

While Judge Carpenter In Montgomery County is overseeing the leak probe, a different judge, Norman A. Krumenacher 3d, of

Cambria Greenly, has jurisdiction over the e-mail Issue.

Several news organizations, Including The inquirer, leave put In right-to-know requests for the e-mails. But Krumenacher teas

ordered a stay on the release of the e-mails.

He oversees the grand Jury in Westem Pennsylvania as well as the legal Issues involving Kane's review of the Sandusky

prosecution. The e-mail:: in questions were unearthed by computer experts as pert of that review.

acouloumbis@phiflynews.com

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htto://articles.philly.com/2014-09-04/news/53527771_1_spocial-prosecutor-attorney-general-kathleen-g-kane 2/3

Exhibit C 016
Sources: Pam scandal misses Kane's rnain target Page 1 of 6

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HARRISBURG - Attorney General

Kathleen G. Kane's unprecedented move

lo expose the swapping oi pornographic e-rnalls ciÜ 0161e film

has so far cost four man their,lobs, put another at risk of being

stripped of his stale pest, end left three others deeply

embarrassed.

All of thern may be collateral damage.

GO far, Kane has not landed a nlalor blow on the rngn who

SOLI rces soy has long beerl bar main target formai' stele

prosecutor Frank Fine.

In fact, she's been [nuzzled from doing so.

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Exhibit C 017
Sources: Porn scandal misses Kane's main target Page 2 of 6

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The story behind the e-mails is far more tangled then what

has become pallet that eight men, all wilh ties to Fine, have

been named by Kenn as sending or receiving X-rated e-malls

In a widening scandal that has also touched a state Supreme

Court justice.

It involves a secret leak investigation, olOsed-door legal

arguments, a protective ardor, end allegations of threats - all

against a backdrop of a twe-year battle between Kane and

Fins that has become deeply personal, if not ugly.

Flna is a career prosecutor known for higtrprolila putnlicr

corruption cases al the Attorney General's Office. I-le now

works for Philadelphia Olstrict Attorney Seth WIltiams,

Kane is the former assistant district attorney lrrr Lackawanna

County whir emerged from political obscurity to bemire the

first wornan and Democrat elected as Permsylvenin's top

prosecutor.

Both declined to continent for this story.

Numerous people with knowledge of thalr quarrel - including

sources close lo both - have sard Firm participated in the

exchange of X-rated e-molls.

According to the same SOLIMEs, Kane was intent on makIng

het tact public.

She wanted to expose what she believed was an entrencliad

Misogynistic culture in the Attorney General's Office when

Fine was a ranking prosecutor and before she took charge

people close to her say.

But in late summer, Fina obtained a ruling from a MontgomerY

County judge barring Kane from ding his name publicly In

almost ariy fashion, according lo several sources familiar with

the ruling,

Judge Willem R. Carpenter, overseeing a grand jury in tho

eastern part of the stater, granted the order eller Fine argued

is the judge that Kane's office was using the threat of tylng

him to the sexually explicit e-mails to lntimidale end silence

trim and others, the sources said.

Finn dad eirr nnuounter in which be said a Kane aids had

threatened his friend and !owner colleague Christopher

Carusone, warning Mal it Firm kept criticizing Keno, "a lot

people could get hurt," according to two people familiar with

the allegation.

Sources dose la Cortisone say the aide, David Tyler, told

him: 'Tell your boy to stop" - words Corusone took as a threat

against Ma

Carusone and Tyler declined to comment for this article.

There is no dispute that tho two men encountered each other

in August in Harrisburg and discussed what was than Ine still

publicly undisclosed ceche of porn e-mails.

But a person close to Tyler rejected any suggestion ha had

Threatened anyone. Instead, the source said, Tyler was trying

to defuse tensions between the sides and complained that

Firm had been exacerbating it by telling others the elaa4s

would implicate a Mein circle of people_

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http://www.philly.com/philly/news/politics/20141013_Sources Porn_sca.,. 11/.10/2014

Exhibit C 018
Sources: Porn scandal misses Kane's main target Page 3 of 6

Kands utiles have dismissed the allegation involving Tyler as

false and an attempt by Fins to sully her es Carpenter, a

Republican, presides over a grand jury investigation

examining Kane and her aides.

The inquirer has reported thet Carpenter this summer

appointed a special prosecutor, Montgomery County lawyer

Thereon E. Carluecio, also a Republican, in a leak inquiry.

Clailunski is seeking to determine whether Karte's office

improperly leaked gran4 jury material criticel of Fine to the

Philadelphia Daily News for a June story that raised questions

about Fina's role In a case fiVe yews ago.

The leak inqdry carries high stakes: Any person who violates

grand jury secrecy rules may he found guilty of contempt of

court and sentenced lo up to six months in prison,

Campaign criticism

Kane ignited the wer In 2012, when sha made a central therm

of her campaign criticism of how Flna'n leare in the Attorney

General's Office conducted tha investigation into serial sex

abuser Jerry Sandusky. She strongly suggested Mat Gov.

Corbett - a Republican who as attorney general'had been

Fina's boss - ordered It slowed for politicai gniru

A review she later commissioned said Fine's team might have

arrested Sandusky sooner, but found no evidence that politics

ptayed a rale 111 the case.

Though the review failed to beak up Kane's campaign

rhetoric, il gave her a now and unexpected source of

ammunition In tho feutt Forensic computer work found that

Fine, among dozens of others, had traded explicll photos end

videos between 2008 and 2012 on stale time on state

computers,

Tho'krated wero among other messages that

included Jokes, eArtoons, and political commentary. II was nol,

Illegal, but it was a violation of Ogee policy.

The dispute between Kane and Fins escalated greatly irs

Marcli when The inquirer reported that Kane had secretly

ended a sting Investigation begun by Fine that sournes said

had caught five Phi/tar/Wants! Democrats on tape accepting

cash or gifts.

KanO called the sting "half-assed." Finn called her

"ernbarrassIng to law enforcement."

Throughout, Fine was publicly bac.ked itp in his defense of the

Sandusky probe ay old colleagues, including StatoPolice

Cornmissloner Frank Noonan, former top state prosecutor

Richard Sheet., end former agent Randy Feathers, tho case's

lend investigator.

All three later landed on the list of eight Kane named as

having received pornographic emiails while working in the

Attorney General's Othce under Corbett or other Republicans.

Alao among them was Corusona, a prosecutor who, v.%

Fine, was a kay player in the Attorney General's Office's

public corruption cases and who irtter became Corhaft

secretary ot legislative Matra.

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http://www.phi11y,com/philly/news/politics/20141013_Sources Porn_sca.., 11/10/2014

Exhibit C 019
Sources: Pom scandal misses Kane's main target Page 4 of 6

The others she named were E. Christopher Abruzze, who

become Corbett's erwironmentat secretary; Glenn Parno, a

lop lawyer for Abruzzi:Y., Patrick Blessington, a former member

of Fine's anticorruption team who now works with him as a

Philadelphia prosecutor; and Kevin Harley, Corbett's onetime

spokesman in the Attorney General's orrice, and Governor's

Office.

The fallout since that Sept. 25 bombshell has been

pronounced.

Abruzzo arid Porno resigned their government positions the

week after the e-mail release. Shealy stepped down as a

prosecutor in Lancaster county. Corbett has asked Feathers

to gi,/e up hls position on the stale patole boord, a demand

Feathers has thus far ignored.

Last week, Canusone lost h)s lob with a major Philadelphia

law firm, though nellher ho nor the firm would discuss why.

Carusone's attorney, Robert J. Donstont of West Chester,

sold Carusone could not speak to reporters because ha was

cooperatIng wine the spode! prosecutor."

Donstonl wouid not elaborele but did say;

Irt my view and lhat of others, Chris has the reputation of

being n first-rate lawyer and has paid an enormous price for

his cooparaton. Chris is hopeful thet tlra ontim truth about

what happened to him and his fernily will be revealed through

the legal process."

Noonan, whom Corbett appointed to head the state police,

has kept hls job. The governor said there was no evidence

Noonan opened the sexualiy explicit e-rrialls,

And test week, Supreme Court Justine Ronald Castilla urged

his colleagues to lake action after seeing e-rnalls that Mclicate

Justice Seamus McCatfery had sent seutially explicit images

to an agent In the Attorney Generars Office and to

MoCaffery's brother, a Philadelphia Common Pleas Court

judge.

Name ls leaked

At one point, it appeared She lortg-nanored e-rnail scande1

might pass without notice.

Late in the summer, Fine had asked anotherjudge, Norman

A. Krumenacker, to block any release on grounds that the

materiel was covered by the grand jury secrecy of the

Sandusky case, sources said. After days of deliberation, the

judge retooled Fina's argument

Despite the rulings by Krumenacker and Carpenter Fina's

name leaked out anyway in media accounts et these who had

vlawed the e-mails.

stilt, Kane's office seemed uncertain whether she would

release anything.

Or Sept 23, in fact, her office gave The Inquirer and other

navvepapers a legal opinion staling thal the retrieved e-mails

and the information aboulthern the papers had asked to see

. were nol public records and that. Kane was not legally bound

la release them.

http://www.philly.com/philly/news/polities/20141013Sources_Porn_sca,.. 11/10/2014

Exhibit C 020
Sources: Porn scandal misses Kane's main target Page 5 of 6

Two days later, Kane abruptly changadcourse and calked in

reporters 10 look at roughly 75 pornographic photos end

videos,

The presentation lasted abbot gri minuten.

ln explaining why she singied oul that group of eight for

release, her office obliquely referred to constraints that

brooked 11 from naming Fine.

'There are restrictions upon which we cannot elaborate -

which currently prohibit us -horn revealing the names of some

other people who participated in this activity," a statement

from har Mica read.

As many as 30 current prosecutors end agents also were irr

the porn e-mail }sop, according to Kane's office. Her

spokeswoman, Renee Marlin, said that all faced discipline but

that union contracts and stale law mandated secrecy for

those Involved ill dieCiPilrlary

Summing up, Multi) issued a statement saying the oftica was

gulden by certain basic principles of human reletions .

rnanagoment.

One such key, she saki, was "respect for the reputations and

privacy of current employees."

uncsoyagmillynnwa.com

215-054-1821Cli aCeriuMsnoy

Exhibit C 021
11/12/2014 Judge blocks grand jury summons for Trites Harrisburg correspondsnl I TribLIVE

Subscribe P17100 Ad Buy Trib Photos Jobs domes Sear& AMU SporisTalk Conics-is

TRIBLIVE 1 News

• • News

Seørclv

KO re' LI 6.

Columnists Allegheny Armstrong Omar Duller Fayette Indiana Somerset YVeshIngton Westmoreland Health Kews On the Grid

Education Pennsylvania Slogs Contact

J.i Larger text •fis Smaller text l Order Photo RE:prnte

Judge blocks grand jury summons for Trib's

Harrisburg correspondent

(

1 By Andrew Conte.

4,- Thursday. Ocl. 16, 201d, 12,t2 pm.

The judge presiding over a statewide grand jury blocked an

appearance Friday before the panel by Tribune-Review stale

Capitol correspondent Bred Burnsteri, Me newspapers attorney

said.

Jecige William R. Carpenter, who is supervising the grand jury

and whose signature appears on the subpoena issued

Wednesday night, told the Trib ho did not know oboel the

subpoena until he talked with a reporter.

Carpenter declined in discuss the grand jury arid reformd

questions to Chief Deputy Attorney General Laura A. Dittos,

who issued the summons, She later informed the Trib's lawyer,

[Eon Barber, that Carpenter told her she was nal authorized to

subpoena Burnsted.

Carpenter returned a call to the Trib on Thursday and asked a

reporter to read the subpoena to hire

Asked how the grand jury could issue a subpoena bearing his

signature without his knowledeo, Corpalter said, "Thatts whal

irrn going to try to figure out."

Ditka declined to comment, citing grand jury restrictions.

Barber sold Pennsylvania's strong shield law protects reporters

horn having to tastily about their sources. The Pennaylvania

law, In effect since 59713, Is hosed on a law Adopted In 1937.

'The shield leer in Pennsylvania is very bread and very

powerful," Berber said.

By issuing the subpoena to Demoted, the grand Jury

threatened to pull Mtn ioto an Increasingly ugly feud among

prosecutors in the capital and Philadelphia.

Garpenter appointed a special prosecutor, Thomas Car/deck],

le Investigate allegations ol Informalion leaks Born the offloa uf

Attorney General Kathleen Kane, The Philadelphia Inquirer has

reported .

Caluccia could not be reached for commenL Kariets

spokesman declined to comment, citing grand Jury secrecy

rules.

The grand jury investigation might be linked to reports about a

2009 case involving a Philadelphia political activist, who was

not prosecuted, as well as the release of information about

pornographic malls that circulated in the Attorney General's

Office under Kane's predecessor, Gov. Tem Corbett,

Brensted broke the story of the emals existence in late

AugusL

Former Chief Deputy Attorney General Frank Fins, whn

prosecutes' high-profife corruption cases, asked a judge 113

block release of Me racy enalls. Dina heads a public

mirruption unit In the Philadelphia District Attorney% Office.

Pennsylvania is among ;39 slates with specifrc oliloLd taws

protecting journalists. said Gregg Leslie legal defense director

of the IRepolers Committee for Freedom ul the Press In

Virginia. Thu federal government does not have a specific law

protecting journalists.

Ponnsyivania% law protects reporters from having lo Identify

confidential sources or give up notes and story drafts, said

MellSsa, Melewsky. media law counsel far !he Pennsylvania

NewoMedia Association.

"We have a really strong shield law in Pennsylvania, and it's

boon interpreted robustly by the courts, with regard la

Identifying confideetial sources,' IvIerowsky saki "As long as

(Burmese) promised confidentiality sod has kept it, tira law

says he earrnot be compelled to reveal the Identity of his

confidential seurces.'

Trib Totel Media writer Bred Burnsted

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htlp://triblive.com/newsladminpage/6075511-74/law-pennsylvania-allcriloyl/axzz3IsxNdHZL 1/3

Exhibit C 022
1111212014 Judgo blocks grand jury summons for Trib's Harrisburg correspondent TribLIVE

611CIS, Lovers- TUT Uei,D5 Prosecutors often see reporters as a 'Shortcut' to discover

information, but journalists' ability to protect sources ls key lo

their fob cis goyommenl watchdogs, said Gem Polielnski, chief

operating officer of the blewseum institute ln Washington and

senior vice president of its Fitsi Amendment Canter.

"The concept ol a shield law is that irs really government's job

tO police its own house," he said, 'and they shouldn't be relying

on journalists to do that."

Andrew Conte is a Trib Total Media staff writer, Reach him at

412-320-7835 uT andrawcorge@tribweb.cent

Add Amami, Corrro10 your Gouglo+

Follow @AndrewConleIrib

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Exhibit C 023
11/12/2014

"Mil;

Critics claim slats Attorney General Kane puts polltl cs first I TribLIVE

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Critics claim state Attorney General Kane

puts politics first

AP

Pennsylvania stale attorney general Kathleen Kane, right, speaks about a inulti slate task force formed la

address the Noelheas1 herein crisis during a news conference accompanied by New York stele attorney

general Eno Schneiderman, lefl, Wednesday, Oct. 11, 2019, in New York. Authorities In four Northeast

slates have agreed to collaborate in InveslIgatlons of heroin trafficking that often cross slate lines. The

coalition so far includes New York, Pennsylvania, New Jersey and Massachusetts, wlth other stales

expected to foto .(AP PholofJulle Jacobson)

errl By Brad Bemsted

• Friday., Oct 24, 2014, 10:17 p.m.

HARRISBURG — Call it a difficult year for Pennsylvania

Attorney Gollelal Kathleen Kane, tha first Democrat and

woman elected to the office.

Her selective release of pornographic mails a little more than

a morith before Election Day has critics crying foul that her

actions are politically motivated.

"To paraphrase 'Casablanca, Ern shocked, shocked there aro

political games being played in this state so close to an

election," said John Kennedy, a political science professor al

West Chester University and author of a book on slide

elections.

Yet some analysts think We too soon to judge Komi's rola In

what has become a burgeoning scandal in all branches ol slate

gevoinment.

"Them is no political motivation involved," said tier

spokeswoman Renee Martin. Nee released the information we

could, when we did, while staying within" legal ond contractual

boundaries.

Kane has reftisod requests for an interview.

The embarrassing disclosure of eraoils involving former and

current staffers In the Attorney General's Office and at least

two state Supreme Court iustices Is one of several matters

this yea( tbal may not have gone the way Kane initially

intended.

Under pressure from Gov. Tom Corbett arid chi& Justice

Ronald Castilte to share any sexually expllcit awaits sent or

received by stale employees er Jurists, Kane did so, though in

a piecemeal fashion that irked her critics. In the aftermath,

httoPtriblive.com/eolllicsrpolilicalheadlines/69449-96-74/kane- alloriley-em al Isitaxzz3IsxNdll ZL 1/4

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Exhibit C 024
11/12/2014 Critics claim state Attorney General Kane puts politics First } TribLIVE

Justice Seamus MnCutlery was suspended Monday.

Previously, three men who had worked for Corbett, including a

Cabinet member, resigned, one retired and a fifth tell a job In

the private sector.

Kane has quarreled VIII Democrats end Republicans. The

GOP-rnajorily execullve committee of the Pennsylvania

District Attorneys Association in July rebuked her for

"continued public attacks on the successful work af career

prosecutors," and implored; -The focus on winning the news

cycle must end."

liarieb office is under an apparent investlgallon of whether

sorneone on staff leaked secret grand jury information this

year to the Philadelphla newspapers.

"She dues not look like the lair-haired attorney general she did

eady on," said Steven Peterson, a polltical science professor

at Penn Slate's Harrisinag campus,

Asked whether it's bean a bad year, Martln replied, "I'd say we

are operating on all eight cylinders here. doing the work that

Attomay General Kane was elected to do."

Marlin eked several 2014 accomplishments: continued

prosecutions of child predators; El coot Ming that recoups

$120 rnilllori in contested tobacco lewsult settlement money;

Installation of a "mobile sheet crime mill" irt Hazleton for slx

months; 1,172 drug arrests; and gamedng rollions of dollars

tlinsugh insurance and Medicald fraud litigation.

TILOTIOIlLtOus rf1011ths

On the heels ol positive pInns during her first year in office, Kanas second year has taken twists and turns

since spring.

Har Inexplicable year, said political analyst G. Terry Madonna, starred In March when Kane declined to

prosecute four Philadelphia Democrats videotaped while accepting cash from an undercover lobbyist. That led

to a public clash with Philadelphia District Attorney Seth Williams. a Democrat who has a grand jury

investigating the case she dismissed as "legally flawed."

Willlams on Thursday brought charges against an ex-Traffic Court judge In the case, acousing her of bribery,

consplracy and conflict of interest for allegedly accepting a $2,000 Tiffany & Co. bracdel.

In June, Karie's 16-monlh review of the prosecullon el child molester Jerry Sandusky found no evidence that

Corbett, as attorney general, slowed the Invesligallon ol the former Penn State assistant football coach to win

the governor's race. Her revlew, led by former federal prosecutor Geoffrey Moulton, noel taxpayers at least

$100,000, her office sald.

When refeasing that sIgnature report, Keno baffled reporters al a news conference by claiming Sandusky had

molested two other children. She backpedaled after trial prosecutors dismissed it as tictton.

In August, the Pennsylvania Turnpike Commission "pay-to-play" case Kane announced In March 2013 with

accusations of bribery and bid-dgying appeared to sled falling apart lis prosecutor, Laurel Brendsteller,

resigned. Two defendants received probation without yerdict, Then a judge dismissed charges against an exSenate Democratic Mader, leaving three of eight. people to be triad.

But Kane can "recover, and is recovering, horn the year of nosTood news and questions about her political and

legal acumen,' said Anthony May, former top aide to tho tale Democratic Gov. Robert P. Casey.

May said news coverage of Ihe entails shared among attorney general staffers horn 2000 to 2012 could be a

plus for Kane "because she is not the locus.'

BY releasing ernalls involving eight man, live of whom have lost their lobs, Kane ward "on the offensive on a

compelling issue, something she really needed to do, considering Me battering she was taking horn political —

yes, political — enemies," May said.

Naming Republicans?

Moulton's Investigators found the racy ROO raiolst ernalls while resonslructing messages that staffers had

deleted. Moulton told Corbett that he had Ictind inappropriate ernalls; tha governor has said he did not know

employees were sharing them and that he would have stopped IL

Kane denied open records requests by the TribunisFievlew and other newspapers to examlne the mails. Days

later, she released images from emails received or sent by eight men who worked for Corbett arld his

successor, tinda Kelly.

lier office blacked out most narnes from the !Worm:lion made public, end Kane has refused 'OS rOlOOSs malls

implicating about 30 unionized staffers.

'You shouldn't pick and choose who you are going to release, unless you have a wried goad reason nol to

release certain names," said fernier U.S. Attorney James West of Flurnmelsiown.

Kane's office claims Internet disciplinary actions am under way and union contracts prevent the release of

embarrassing information about workers.

Corbett, facing a fierce re-election challenge by Democrat Tom Wolf on Nov. 4, said in Pittsburgh WI MO: I

will say, the only names she pul out so ler are people Itrat are Republloans, or people that work Its me at this

point In lime."

Kane's actions are hard to evaluate but raise "reasonable questions about the political oorisIderations Involved

In tho choices," sald Christopher Borick, a political science professor al Munlenberg College In Allentom.

Grand jury pmbe

A special prosecutor and grand jory In Norristown are investlgating whether Kailas office leaked grand jury

Information about a 20f10 case, according to The Philadelphia Inquirer.

The inquirer reported In September that attorney Thomas Caduccio of Montgomery County heeds the inquiry

Into whether someone leaked records to try to discredit Kane's critics.

The newspaper said Montgomery County Judge William Carpenter, the supervising grand jury judge in Eastern

Pennsylvania, appointed Coduccio to determine hew the Philadelphia Oally News obtained documents from an

investigetion of Philadelphia politicel (Taoist J. Whyall Mondesire, who was not charged with a crime.

Kane has not commented on the matter.

ViolatIng grand jury secrecy nries can lead IL, a contempt of court charge anci potential six-month prison

sentence.

In July 2013, The Inquirer reported that Kane persuaded the slate Supreme Court to remove Judge Barry

Feudale frorn overseeing statewide grand jury InvestigatIons In Harrlsburg. The newspaper did net say how it

learned of the sealed proceedings.

11 said Kane moved to oust Feudale, a Democrat, on learning that he criticized her in an email to termer Chief

Deputy Attorney General Frank Fina.

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Exhibit C 025
11/12/2014 Critics claim state Attorney General Kane puts politics

Poudalo expressed regret for takIng a cheap shot but told The Inquirer: "Kane is a politician first, second, and

and perhaps en AG ... fourth and fifth."

Faudale oversaw grand Juries in Maher cases Mel Fine led, including legislative corruption and tire Sandusky

chiki sex abuse case.

Fine, who works for tiro Philadelphia district attorney, In August persuaded Cambria County Judge Norman A.

Kruniehackor til to freeze the release of the pornographic ameils under the open records laW, arguing that they

contained grand jury material. Krurneneeker identified Fina when he lilted the hold on Ma emalls.

Brad BUrrieted is TIM Total Media's slate Capitol reporter. Reach him at 717-787-1405 or

hiburested@tribweb.corn. Staff writer Melissa Daniels conidbuted lo thls report.

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Posting as Jenntior Heys Bendel (MK you?) F7771

Ellen Thonias

AG Kenn Is just followilig in the traditions of Republican Attorney Generals Mat

came hafore her, these Republican AG's used polities lo protect their buddies, dld

they not?

Reply - Like • r • Follow pi,nr . Onlehor 00 fit 2.2ALEn

Art (3/Giacomo • Top Gonimentm TIOYFB

Political games? Is that dillerent then the political games being played by tho

current governor going amnia) PA passing out hundreds of millions ol taxpayer

dollars to corporations telling us that Um money will create lobs? That's not politics?

Reply - like • 1 • Felloo Fest • October 24 et i 1:0bEtm

Yri.ylri i 'if` Stephen tiandol: Malcne •

704 RETIRED

Go ahead...Vole for Wollo.„.Yriu will regret il,„

Reply • tam • 2 • OclikeL 0111:3linm

Top Commenter -Works at I AM I1APPILY

Richard Gandino • Top Coalmen ler • lniliana University el Pennsylvania

Go ahead 8. pal tha Don-mural l,r es Gov., you'll end up ilke us In Maryland,

complaining about high lams Si waded spending.

Repty • like • 1. Follow OcIolssr 25 01400lpin

Llten Thomas

VVe already go1 higher taxes under the Republicans!

Reply - 1 • Ocighgr 31/ al 2:25a an

Deborah Hell • Top Commenter

liwhatwas good fel the goose Is good for the genderThe 8tr current employoris of

the AG's olfice would be gone. No exceptions. No 505uSeS.

As lot the Phi/1y fiasco. lhat is obvious.

Reply • Like • Follow Post • October 25 al.6-4harn

Stofnhoti Randalitiolone • Top Commenter • Welks al I AM FIATVIL Y RETIREE)

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Ron Scott • Top Commenter - Grove City, Pennsylvania

Stephen YES WE WILL1

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Exhibit C 026
Kanes car crash derailed teStimony a second tirn.e

Po...ember 10.2015

phillyFcorn

,EA1

Page 1 of 4

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rnb,,,

I News Sports I Entertainment I Business I Opinicm I Food I Lifestyle I Health I More

• LOrreisr

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a second time

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Cfnl9 O, 10 0Ge.i. and Angola. Coulournkls, Inquirer SfaIt Wthers

LAST Uni0nTkoi Eneloy, fninnarabor 9. 2.0,0 i105..1

The early-morning car accident that left

Pennsylvania Attorney Genera} Kathleen

G. Kano with a concussion last month occurred hours before

she was scheduled to- lestify In a grand Jury investigation into

possible improper leaks by her office, according to people

with knowledge of the odso.

rtiOliis_

11 was the second limo this fall Keno canc..eled plane to take

the stand, the sources said.

Kane was schedulod to appear that mcrning in a Montgomery

County courtroom, where e special prosecutor is examining

how confidential records about a 21309 investigation ruri by

her Ropoblican predecessors became

Her testimony has been rescheduled for later this month. the

sources said. The grand Jury expires within a few Weeks, they

lanFIEUOYERAGE

Wolf likely yuln POUU oipirUUiJ den !Inns with GOP

Renee Martin, Kane's spokeswoman., declined to discuss any

matter related So the grand jury. She has said tier office

cannot even confirm cr deny the existence ot one.

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Exhibit C 027
Kane's car crash derailed testimony a second time Page 2 of 4

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Sha did say that Kane, 48, was recuperating and workIng

from her home irr Clarks.SUrnmit, about la miles north of

Scranton, arid that her doctors had forbidden her to travel.

Martin said that sha dld not know when Karla was expected to

return lo work In tiarrisburg but that the allorney.general was

connected with the office by computer and phone. She added:

"Ifs not affecting how work Is done here."

The Inquirer has reported that lawyer Thornas E. Carluccio Is

the special prosecutor for the grand jury sitting In Montgomery

County. His appointment was authorized by Mei Justice

Ronald D. Castilla. in Ms position, Carluctlo is examining an

alleged leak to the Philadelphia Daily News about a 2909

grand jury Inquiry into the finances of activist...1.41.1-10

Mondeslre, former head of the Philadelphia NAACP.

Violating grand jury secrecy rules tan he punished hy up 10

.slx months In prison.

The Daily News story questioned whether Frank G. Flea and

another ranking prosecutor in the Attorney General's Office

had pursued the Mondesire probe aggressively. No charges

were filed against Morldeslro,

Flna has been looked In an increasingly biller and public

baJllo wlth Kane ever how oases wore handled.

As part of Curlucelde probe, his Investigators have

subpoenaed Kann and other officials on her stag.

Kans's first planned appearance was canceled because she

had a scheduling conflict, the sources say. It was rescheduled

for Oct. 21.

Just before 7 that morning, the SUV canying Kane end her

security detail hit an empty parked car in Dunmore, a small

town near Scranton, accordlng te a potica report. The vehicle

thal was hit - a 1909 Jeep - had dents on one side when an

Ingulror photographer took, photos of It last week,

The two agents wlth Kane at the time wore Patrick Reese and

Robert Ruddy, Roth had been Dunmore police officers before

Kane hlred them last year..Reasehed been the pollee chief,

Ruddy a veteran ofilcer.

According tlo the police report, Ruddy was driving and Reese

was In tha front passenger sent.

The accident report by Duernore pollee, retecised by Marlin Oil

0d, 31, said the crash occurred when the driver of the StIV

lost slghl of the dark, raio-sil eked road as his iPed siipped off

the seat.

There was disagreement about whether Kane was wearing a

seat belt.

The report said Kane and the men were wearing shoulder arid

seat belts. Dot Marlin said Kane was eel betted In and struck

her hecd on Impact. The cost of the dannege lo her car wšs

estimated al $064, state records show, •

None of the theca was taken M a hospital by emergency

medical personnel, aCcording to the police report. Kana did go

to the emergency room. and subsequently visited her doctor,

Marlin said.

Kands ofPce did not release information about the accident

until The Inqulrer asked about It 10 claya after the crash.

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http://www.philly.com/philly/news/loca1/20141109_1(ane_s_car_crash_der... 11/10/2014

Exhibit C 028
Kane's car crash derailed testimony a second time

Malin saki the .offce didn't report the crash because it

considered 11 e.minor rnetterlhet did not affoci lhe office's

performance,

She said she also expected Dunmore police to issue the

news. That didn't happen. Dunmore Poke Chief Sal

Marchese didn't return oafs front The hquirer. He told the

Scranton Times-Tribune there was "no particular reesort for

not issuing the news.

Martin said last week ail the participants ware recovering. Ma

thank everyone for their concerns," she said in a statement.

sumIncinhis-aptilyrows.coin

717-707-5931qi ipAnoelasInk

Page 3 of 4

AN INQUIRER ORMINAL

DJSCOVRT*E`.1 k•

AMPROV . 1 FD A tIORE'v

Exhibit C 029
MD. Misc. DM.

7C 2014

LEADI G

la ER ME 1212I

** UNDE

FILED

11/14/2014

Supreme Court

Middle District

**

Received in Supreme Court

NOV 1 4 2014

id&

‘1111:Ake."7.4::

UNSEALED PER ORDER OF

THE COURT DATED

AUGUST 26, 2015
Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 page 3

M.D. Misc. Dkt.

i7 5 2014

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PA

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF PENNSYLVANIA

NO. 176 M.D.D MISC. KT 2012

MONTGOMERY COUNTY COMMON PLEAS

M.D. 2644-2012

RESPONSE OF SPECIAL PROSECUTOR

TO THE MOTION TO FILE UNDER SEAL

THE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

OF ATTORNEY GENERAL KATHLEEN G. KANE

Thomas E. Carluccio, Special Prosecutor to the Investigatory Grand Jury hereby responds

to the Motion to File Under Seal the Emergency Application for Extraordinary Relieffiled by the

Movant, Attorney General Kathleen G. Kane and states in support thereof as follows:

1. The averments set forth in this paragraph succinctly state the import of the relief

Attorney General Kathleen G. Kane ("A.G. Kane") seeks under her Emergency Application for

Extraordinary Relief and no response is required of the Respondent hereunder.

2. Admitted. By way of further answer, Respondent takes no exception to the Movant's

request that the Emergency Application for Extraordinary Reliefbe filed under seal.

3. Admitted.

Received In Supreme Court

NOV 1 4 2014

Middle
Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 page 4

WHEREFORE, the Motion to File Under Seal the Emergency Application for Extraordinary

Relief filed by Attorney General Kane should be granted.

7

Thomas E. Carluccio, Esquire

Attorney I.D. No. # 81858

Plymouth Greene Office Campus

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19464-2484

(484) 674-2899

Special Prosecutor of Investigating Grand Jury No. #35

DATED: 11/14/2014
Nov 14 2014 15:37 Allen M Mandelbaum, Esci (610) 279-3005 page 5

VERIFICATION

I, Thomas E. Carluccio, Esq. as Special Prosecutor to the Investigating Grand Jury No #35

appointed by the Pennsylvania Supreme Court, do hereby state that after due diligence and investigation

into the operative events underlying the subject matter of the Motion to File Under Seal the

Emergency Application for Extraordinary Relief (the "Motion") filed of record with the Court by the

Attomey General Kathleen G. Kane, 1 hereby represent that the averments set forth in the foregoing

Response to said Motion are true and correct to the best of my knowledge, information and belief. 1

understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating

to unsworn falsification to authorities.

Thomas E. Carluccio, Esquire

Attorney I.D. No. # 81858

Plymouth Greene Office Campus

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19464-2484

(484) 674-2899

Special Prosecutor of Investigating Grand Jury No. #35
M.D. Mc. Dkt.

1 75 2014

FILED

11/14/2014

Supreme Court

Middle District

PLEADING TWO

MI NM Mil 11111

** UNDER SEAL **

Received In Supreme Court

NOV 1 4 2014

'WPer

24. '

UNSEALED PER ORDER OF

THE COURT DATED

AUGUST 26, 2015
Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) 279-3005 pa9e 7

MD.Wisc. Dkt.

175.7 Loil.

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PA

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF PENNSYLVANIA

NO. 171 M.D.D MISC. KT 2012

MONTGOMERY COUNTY COMMON PLEAS

M.D. 2644-2012

RESPONSE OF SPECIAL PROSECUTOR

TO THE EMERGENCY APPLICATION FOR EXTRAORDINARY RELIEF

OF ATTORNEY GENERAL KATHLEEN G. KANE

Thomas E. Carluccio, Special Prosecutor to the Investigating Grand Jury hereby responds

to the Emergency Application fOr Extraordinary Relief filed by the Movant, Attorney General

Kathleen G. Kane, by and through her privately retained legal counsel, and states in support

thereof as follows:

1. Admitted.

2. Admitted. By way of further answer, a comprehensive response to the

representations made in support of the Emergency Application for Extraordinary Relief (the

"Applicahorn are provided hereinafter in New Matter below.

3. Admitted. By way of further answer, Respondent takes no exception to the

Movant's request that the Application be filed under seal, and has taken such position in its

Response to the Motion to File Under Seal the Emergency Application for Extraordinary Relief

in pleadings independently docketed with this Honorable Court assigned: Supreme Court No. #

176 M.D.D. Misc. KT 2012.

Pleading Under Seal of Court

Page #1 of 12

Received in Supreme Court

NOV 1 4 2014

iddle
Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610) . 76.113005 page 8

NEW MATTER

4. The Respondent to the :underlying Application, Thomas E. Carluccio, Esq.,

appointed Special Prosecutor, hereby incorporates herein by reference its responses to the

Application filed by Attorney General Kathleen G. Kane, by and through her privately retained

legal counsel, reflected in the preceding paragraphs, inclusive, above as though fully set forth at

length herein.

BACKGROUND

5. Under the 5/29/14 Order of the Hon. William R. Carpenter convened the 35th

Investigating Grand Jury and contemporaneously appointed Respondent as its Special Prosecutor

in accordance with the authority vested in it by the 1078 Pennsylvania Investigating Grand Jury

Act of 1978, 42 Pa. C.S. ¶4541, et. seq. and the procedural rules that followed (Pa. R.Crim. P

220, et. seq.) as well as relevant case law. A copy of the aforesaid Order is attached hereto made

a part hereof and marked Exhibit A.

6. As stated in Supervising Judge Carpenter's 5/29/14 Order, the central focus of the

established 35th Investigating Grand Jury is to undertake investigation into allegations that an

alleged illegal disclosure of information protected by the law and rules of Grand Jury secrecy

pertaining to deliberations of a prior 2009 Statewide Investigating Jury (the "2009 Grand Jury")

had been impermissibly compromised.

7. Thereafter, the Philadelphia Daily News on 6/6/14 disclosed grand jury information

to the public involving political activist J. Whyatt Mondesire.

8. Following the report, the 35th Grand Jury and its Special Prosecutor received

Pleading Under Seal of Court Page #2 of 12
Nov 14 2014 15:37 Allen M Mandelbaum, Esq (610), 279-3005 page 9

information suggesting the alleged inforrnation leaks emanated in whole or in part from sources

within the Office of the Attorney General.

9. At all times material and relevant to the deliberations of the 35th Investigating

Grand Jury, Respondent has principally focused on determining if Attorney General Kane's

office played a role in directly or indirectly releasing information/documentation protected under

seal pertaining to the 2009 Grand Jury, or had information that might lead to identifying the

source(s) of any leak.

10. Notwithstanding, Respondent's disciplined focus in seeking information in any role

played by Attorney General Kane's Office in the aforesaid leak(s), Movant has sought by filing

her Application to divert attention from Respondent's apolitical effort to investigate leaks of

information/documentation under seal pertaining to a Grand Jury to an assessment of the

propriety of certain emails which Attorney General Kane has characterized to represent

"pornography".

11. It is respectfully submitted that such diversion represents an ongoing strategic effort

on the part of Attorney General Kane not to honor a subpoena for her to testify before the 35th

Grand Jury, as directly evidenced by the central theme advanced in the Application hereunder.

SUBPOENA No #1

12. Respondent issued its first subpoena to Attorney General Kane on 9/1 1/14, calling

for her testimony to be provided before the 35th Investigating Grand Jury on Thursday, 9/18/14, a

copy of which is attached hereto, made a part hereof and marked Exhibit B(Subpoena No #1).

13. Respondent agreed to reschedule Attorney General Kane's testimony under

Pleading Under Seal of Court Page #3 of 12
Nov 14 2014 15:38 Allen M Mandelbaum, Esq (610) 27973005 page 10

Subpoena No #1 to the following day, 9/19/14 - at her request - so that she could attend the

funeral of Cpl. Bryon Dickson who was killed in an ambush undertaken in Pike County at the

hands of accused killer Eric Frein.

14. Notwithstanding the accommodation extended to Attorney General Kane, she

elected to again reschedule her testimony.

15. Thereafter, Attorney General Kane, by and through her retained private legal

counsel, sought to both quash Subpoena No42 and to contest the authority of the Special

Prosecutor asserting legal defect(s) to his appointment by Supervising Judge Carpenter under her

filing of a Motion to Quash Subpoena filed of record with this Honorable Court on 9/29/14.

16. Quixotically, in her Motion to Quash Subpoena, Attorney General Kane advanced

the argument that Subpoena No #1 should be quashed, for among other reasons, she was not one

of the limited group of individuals who were sworn to secrecy to the 29th Grand Jury, and as such

was not legally obligated to maintain the secrecy of its proceedings.

17. Indeed to quote from her Memorandum of Law in Support of the Motion to Quash

Subpoena, Attorney General Kane — through private legal counsel and not from the Office of the

Attorney General expressly states:

... Attorney General Kane was not sworn to secrecy with regard to the 2009 grand

jury proceedings. By statute, only a limited group of individuals are sworn to

secrecy with regard to grand jury proceedings, and only those individuals can

subsequently , 'be in contempt of court if they reveal any information which they

are sworn to keep secret. 42 Pa. C.S. § 4549(b). Because Attorney General Kane

had no involvement whatsoever with the 2009 grand jury proceedings, she could

It should be noted that Movant's pleading fails to directly within its text to articulate the

substantive representations serving as the foundation of her stated position. Rather the draftsman

has elected to incorporate by reference a Memorandum of Law in Support of the subject Motion,

which articulates the basis for the requested relief.

Pleading Under Seal of Court Page #4 of 12
Nov 14 2014 15:38 Allen M Mandelbaum, Esq (610) 279-3005 page 11

not as a matter of law be in contempt of court with regard to any disclosure related

to that grand jury proceeding." (see page land 2 of Memorandum of Law in

Support of the Motion to Quash, filed 9/29/14)

18. What is alarming regarding such position is that Attorney General Kane entirely

ignores her duties and obligations to undertake the Office of Attorney General, and as such must

assuredly accede to the obligations and duties of her predecessors in office to maintain the

secrecy of prior gxand juries and thereby preserve the integrity of the function of the entire grand

jury "system." 2

19. Respondent filed a timely response to the Motion to Quash Subpoena, and in

concert with such filing presented his "Schofield" Affidavit to the Court wherein Respondent

articulated with precision the basis for which he sought the testimony before the 35th Grand Jury

of Attorney General Kane. A copy of the "Schofiehr Affidavit, in didacted form to conform

with the confidential nature of the 35th Grand Jury proceedings in view of Movant's right to

review pleadings hereunder is attached hereto, made a part hereof and marked Exhibit C(the

"Schofield Affidavit").

20. For purposes of convenience to this Honorable Court, Paragraphs 9-12 are provided

as follows, to demonstrate the disciplined focus of the Respondent in seeking the testimony of

Attorney General Kane:

9. The purpose in seeking the testimony of Attorney General Kane under the subject

subpoena, is to determine if Attorney Kane maintains direct or inferential

information on matters pertaining to the unauthorized disclosure of the existence

and contents of the Confidential Information including without limitation: (a) what

persons were present at the subject staff meetings and/or conferences; (b) whether

she or others were aware of the presence of the Confidential Information at such

2 Moreover, it is asserted such an argument should be properly advanced by the Office of the

Attorney General on behalf of Attorney General Kane in furtherance of her public office, and not

by her private legal counsel.

Pleading Under Seal of Court Page #5 of 12
Nov 14 2014 15:39 Allen M Mandelbaum, Esq (610) 279-3005 page 12

staff meetings and/or conferences; (c) whether she or others were aware that the

Confidential Information was at all times deemed private and confidential due its

inclusion into the evidence of the 291h Investigating Grand Jury; (d) to explore

whether Attorney General Kane maintains information to assist the Grand Jury in

determining if the Confidential Information was reviewed, copied, possessed,

discussed and/or distributed among one or rnore unauthorized third persons; and

(e) the identity of those person(s) who impermissibly disclosed the Confidential

Information to rnembers of the press or the general public.

10. Upon reasonable inforrnation and belief, the Affiant hereby asserts that Attorney

General Kane be compelled to testify and subject herself through the issued

subpoena to a reasonable line of questioning on those issues as aforementioned,

together with questions on concems that may arise in the development of her

testimony and such testimony is proper and warranted under the circumstances.

11. The Affiant hereby certifies that the testimony of Attorney General Kane is either:

directly relevant and material to the investigation undertaken by 35th Investigating

Grand Jury; or upon information and reasonable belief will lead to relevant and

material information relating to the unauthorized disclosure of the Confidential

Information.

12. The Affiant hereby states that the service of a subpoena upon Attorney General

Kane for her testimony is warranted under the circumstances, represents a goodfaith basis for compelling such testimony, and that Affiant seeks such testimony for

no other inappropriate basis.

21. In view of the Motion to Quash Subpoena and response of Respondent thereto,

Supervising Judge Carpenter scheduled a Hearing in Camera among all parties.

22. Such Hearing in Camera was conducted on 10/14/14, at which all parties were

represented, and resulted in Supervising Judge Carpenter's Order of 10/24/14 wherein he granted

Attorney General Kane s motion to review the Order appointing Thomas Carluccio as Special

Prosecutor, together with a didacted copy of the Schofield Affidavit, while denying the Motion

to quash the Subpoena No #1.

23. A copy of Supervising Judge Carpenter' s Order of 10/20/14 is attached hereto,

made a part hereof and marked Exhibit D.

Pleading Under Seal of Court Page #6 of 12
Nov 14 2014 1539 Allen M Mandelbaum, Esci (610) 279-3005 page 13

SUBPOENA No #2

24. Respondent again issued a second subpoena to Attorney General Kane on 9/25/14,

calling for her testimony to be provided before the 35th Investigating Grand Jury on Tuesday,

10/21/14, a copy of which is attached hereto, made a part hereof and marked Exhibit C

(Subpoena No #2).

25. The morning of the scheduled subpoenaed testimony, thnough her retained private

legal counsel, Attorney General Kane again requested a rescheduling of her testimony for three

(3) days later that week on Friday, 10/24/14.

26. The basis for the rescheduling was due to Attorney General Kane having incurred

physical conditions, notably a diagnosed concussion, she sustained in a reported motor vehicle

accident.

27. The subject motor vehicle accident was first reported by private counsel to Attorney

General Kane, accompanied by no formal notification from the Office of the Attorney General.

28, Upon information and reasonable belief, Respondent asserts that no news report of

the subject motor vehicle accident was issued by any news media until days after the accident

and the scheduled subpoenaed testimony.

29. Shortly before the rescheduled subpoenaed testimony on Friday 10/24/14, private

counsel again requested an amicable accommodation to reschedule due to Attorney General

Kane's continuing to be symptomatic to conditions associated with a diagnosed concussion.

Pleading Under Seal of Court Page #7 of 12
Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 279-005 page 14

SUBPOENA No #3

30. Upon a lack of communication with private counsel to Attorney General Kane to

reschedule her testimony, Respondent found it prudent to again issue a third subpoena to

Attorney General Kane on 10/29/14, calling for her testimony to be provided before the 35th

Investigating Grand Jury on Monday, 1 1/17/14, a copy of which is attached hereto, made a part

hereof and marked Exhibit F (Subpoena No #3).

31. Without notice of any issues to the issued subpoena for testimony before the 35th

Grand Jury taken by Attorney General Kane, her private legal counsel elected to strategically file

the underlying Application only days before her scheduled testimony on 11/12/14 — in what can

only be characterized as an ongoing effort to avoid having to testify.

32. Again, the Application effectively seeks three grounds for relief, as follows:

(i) to discharge the 35th Grand Jury, because of the assertions that:

(a) that it was established not because of an intent to explore

an impermissible leak of information/documentation

under seal pertaining to the 39th Grand Jury, but in

reliance upon the deceptive statements presented by

Frank Fina and E. Marc Constanzo purportedly for the

ulterior objective of seeking protections from public

disclosures that may well impugn their personal and

professional reputations; and

(b) effectively prevents the Office of the Attorney General to

pursue an investigation into whether Fina and Constanzo

engaged in misappropriation of professional time and

equipment to disseminate "pornographic" material

through email;

(ii) to quash Subpoena No# 3 as moot in view of the discharge of the 35th

Grand Jury; and

(iii) to vacate the protective measures provided under Supervising Judge

Carpenter's 9/17/14 Order under seal, a copy of which is attached hereto,

Pleading Under Seal of Court Page #8 of 12
Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 29-005 page 15

made a part hereof, and marked Exhibit G. (the "Protective Order") 3

33. Notwithstanding, the arguments made in the Application, Movant has elected to

raise a red herring, whereunder she misrepresents the principal purpose of empaneling the 35th

Grand Jury — to investigate whether there was an impermissible release of

information/documentation under seal pertaining to the deliberations of the 29th Grand Jury.

34. Put simply, the concerns raised by Movant pertaining to emails are simply not

relevant to the ongoing deliberations of the 35th Grand Jury, and may well represent an ancillary

distraction to the proceedings of the 35th Grand Jury.

THE POSITION OF THE SPECIAL PROSECUTOR

ON WHETHER ATTORNEY GENERAL KANE IS SUBJECT TO A SUBPOENA TO

TESTIFY BEFORE A GRAND JURY

35. The argument of Attorney General Kane that she is not subject to the subpoena

because it is outside the purview of the Special Prosecutor is directly countered by application of

42 Pa. C.S. §4548(a), which in relevant part provides as follows:

§4548(a) Powers of investigating grand jury

The investigating grand jury shall have the power to inquire into offenses against the criminal laws of the Commonwealth alleged to have been committed within the county

or counties in which it is summoned. Such power shall include the investigative

resources of the grand jury which shall include but not be limited to the power of subpoena, .

36. The aforesaid statute provides no exemption of persons to whom a subpoena may

be directed.

3 what the Movant has referenced as the "Protective Order"

Pleading Under Seal of Court Page #9 of 12
Nov 14 2014 15:40 Allen M Mandelbaum, Esq (610) 279-3005 page 16

37. Further, it is inconceivable that the chief prosecuting attorney within the

Commonwealth may assert she is immune from the imposed obligation of confidentiality to all

participants in a grand jury merely because she was not directly sworn-in as a witness. Indeed, it

is asserted that the Attorney General is effectively and implicitly bound to the confidentiality

imposed by all Investigating grand juries during their tenure of public service by simple

operation of their held position. To suggest otherwise is to threaten the integrity of the judicial

system.

38. Moreover, 42 Pa. C.S. §4542 provides authority to the Special Prosecutor to compel

the attendance of investigating witnesses, and provides in relevant part as follows:

§4542 Investigative resources of the grand jury

"The power to compel the attendance of investigating witnesses; the power to compel

the testimony of investigating witnesses under oath; the power to take investigating

testimony from witnesses who have been granted immunity; the power to require the

production of documents, records and other evidence.. ."

39. In addressing the authority to subpoena a witness, Judge Savitt adroitly opined in

his seminal publication, Pennsylvania Grand Jury Practice, quoted in IN RE: Special

Investigating Grand Jury ofApril 26, 1984, 37 PA. D &C 3d 516) 1986 at page 520:

"It can be seen from a reading of these excerpts from the act that broad subpoena

power is vested in the investigating authority. The rationale is apparent. Without such authority, how could a prosecutor effectively investigate and ferret out crime? To follow the narrow construction that appellants desire would have a chilling effect on any and all types of investigation. It would defeat the very purpose of the act.'' Judge Savitt, Pennsylvania Grand Jury Practice, §21.04(A)(3) at p. 92-93, §21.04(C)(3) at p. 96 (1983).

Pleading Under Seal of Court Page #10 of 12
Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 17

THE SUPREME COURT'S DISPOSITION

ON ATTORNEY GENERAL KANE'S

PETITION FOR SUPREME COURT REVIEW

FOR VACATING THE PROTECTIVE ORDER REMAINS OUTSTANDING

40. Further, it is respectfully submitted that no emergency exist here, that warrants the

extraordinary powers of this Honorable Court be assurned.

41. Accordingly it follows that there should be no stay of the Subpoena for Attorney

General Kane to testify before the 35th Grand Jury.

42. The record of the proceedings relating to these concerns is clear - Supervising

Judge Carpenter has considered the concerns of Attorney General Kane towards her assertions

the 35th Grand Jury should be terminated and the subpoena for her testimony should be quashed.

43. As stated, such concerns were addressed in a Hearing in-camera, and were denied

under Supervising Judge Carpenter's Order of 10/20/14.

44. Relative to Movant's position that the Protective Order precludes her from

investigating and publicly disclosing matters relating to the questionable emails, it is asserted

that such claims are best pursued by Attorney General Kane, in the capacity of her public office,

through the Office of the Attorney General in accordance with TIIE INVESTIGATING GRAND JURY

ACT, and specifically 42 Pa. C.S. §4549(b).

45. Accordingly, it is respectfully submitted that the Movant does not have proper legal

standing to pursue having the Protective Order vacated.

46. Moreover, Attorney General Kane's Petition for Supreme Court Review for

Vacating the Protective Order filed on 11/10/14 remains outstanding.

47. Under the applicable Rules of Court, the Special Prosecutor as Respondent thereto

Pleading Under Seal of Court Page #11 of 12
Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 18

understands he has until December 1, 2014 to file its response.

48. In view of the strategic timing of the Application, the Special Prosecutor requires

the full complement of time to which he is afforded under the Rules of Court to respond.

49. Accordingly, it would be in the interests of all parties to defer the Supreme Court's

ruling on the Application until after addressing the Petition to Vacate the Protective Order, or

consolidate the two concerns for a single Hearing.

50. For the reasons set forth above, it is respectfully submitted that the Emergency

Application for Extraordinary Relief filed by Attorney General Kane should be denied.

WHEREFORE, the Emergency Application for Extraordinary Relief filed by Attorney General

Kane should be DENIED, and Attorney General Kane should be held to honor the Subpoena to testify

before the 35th Investigating Grand Jury on a date and time mutually agreeable to the parties, but no later

than the end of the session for the 35th Grand Jury scheduled for December 2014.

Thomas E. Carluccio, Esquire

Attorney I.D. No. # 81858

Plymouth Greene Office Campus

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19464-2484

(484) 674-2899

Special Prosecutor of Investigating Grand Jury No. #35

DATED: 1 1/1 4/2014

Pleading Under Seal of Court Page #12 of 12
Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 19

VERIFICATION

I, Thomas E. Carluccio, Esq. as Special Prosecutor to the Investigating Grand Jury No #35

appointed by the Pennsylvania Supreme Court, do hereby state that after due diligence and investigation

into the operative events underlying the subject matter of the Emergency Application for

Extraordinary Relief (the "Application") filed of record with the Court by the Attorney General Kathleen

G. Kane, I hereby represent that the averments set forth in the foregoing Response to said Application are

true and correct to the best of my knowledge, information and belief. I understand that false statements

herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to

authorities.

Thomas E. Carluccio, Esquire

Attorney I.D. No. # 81858

Plymouth Greene Office Campus

1000 Germantown Pike, Suite D-3

Plymouth Meeting, PA 19464-2484

(484) 674-2899

Special Prosecutor of Investigating Grand Jury No. #35

Pleading Under Seal of Court
Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 279-3005 page 20

Íi - Exhibit "A"

[Order of 5/29/14 of Supervising Judge Carpenter]
Nov 14 2014 15:41 Allen M Mandelbaum, Esq (610) 27 9='3005 - page 21

IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, PENNSYLVANIA

IN RE:

rn IF STATEWIDE

INVESTIGATING GRAND JURIES

: MONTGOMERY COUNTY COMMON PLEAS

: In Re: Powers and Responsibilities of

: Special Prosecutor Exercising

: Extraordinary Jurisdiction; on Allegations that

: Secret Grand Jury or Related Information was

Unlawfully and/or Negligently

: Accessed/Released/Com promis ed

ORDER 

AND NOW, this 29th day of May, 2014, after "preliminary investigation"; this

court in its capacity as Supervising Judge of -the 35th Statewide Investigating Grand Jury,

finds there are reasonable grounds to believe a further more substantive investigation is

warranted into allegations that statewide Grand Jury secrecy may have been compromised:

It is therefore ORDERED and DIRECTED by this Court in accordance with the authority

vested in it by the 1078 Pennsylvania Investigating Grand Jury Act of 1978, 42 Pa. C.S. §

4541, et seq. and the procedural rules that followed (Pa.R.Crim.P 220, et seq.) as well as

relevant case law; that THOMAS E. CARLUCCIO, ESQUIRE, be and is hereby

appointed Special Prosecutor with full power, independent authority and jurisdiction to

investigate and prosecute to the maximum extent authorized bY law any offenses related to

any alleged illegal disclosure of information protected by the law and/or intentional and/or.
Nov 14 2014 15:42 Allen M Mandelbaum, Esq (610) 279-3005 page 22

negligent violations and rules of Grand Jury secrecy as to a former Statewide Investigating

Grand Jury, such as;

I . 42 Pa. C.S. § 4.549(b) Disclosure of proceedings by participants other than

"Witnesses..."all such persons shall be sworn to'secrecy, and shall be in contempt

of court if they disclose/reveal any information which they are sworn to keep

secret."

2. 18 Pa. C.S. § 5101 Obstructing administration of law or other govemmental

function — "a person commits a misdemeanor of the second degree if he

intentionally obstructs, impairs or perverts the administration of law or other

governmental function by force, violence, physical interference or obstacle,

breach of official duty.

3. Any other applicable offense.

It is FURTHER ORDERED by the Court that the Special Prosecutor:

1. Shall use any appropriate currently =paneled Grand Jury to investigate any

alleged or suspected violations of secrecy or concomitant crimes related to such.

2. Shall have the right to request an application for an immunity order from the

Attorney General.

3. Shall have the right to employ all appropriate resources including a rninimum of

one investigator and if necessary, one support staff . .
Nov 14 2014 15:42 Allen M Mandelbaum, Esq (610) 279-3005 page 23

1 P.

4. Shall have day-to-day independence and will be free to structure the

investigation as he wishes and to exercise independent prosecutorial discretion

whether, which and when any potential witness should be brought before the

Grand Jury and/or whether, which and when charges should be brought,

including contempt of court.

.5. Shall be permitted, while serving as Special Prosecutor, to consult with past and

present members of the Office of Attorney General and take such action as is

necessary to ensure that matters he is investigating and/or prosecuting in his role

as Special Prosecutor are brought to a successful conclusion, so long as such

consultation/action does not present a conflict of interest with his duties as

Special Prosecutor and/or violate the secrecy oath.

6. Shall be empowered to respond to interference with his investigation by also

having authority to investigate and prosecute crimes committed in the course of,

and with the intent to interfere with the Special Prosecution's investigation such

as Perjury, Intimidation of witnesses and other applicable and relevant violations

of the law.

7. Shall comply with all relevant statutory and case law as well as all applicable

canons of ethics.

8. Shall be removed from the position of Special Prosecutor only by the personal

action of the Grand Jury Judge and/or the Pa Supreme Court.
Nov 14 2014 15:42 Allen M Mandelbaum, Esq (610) 219-- 005 page 24

9. Shall be appointed for a period not to exceed six months from today, unless the

Special Prosecutor makes a written request to the Court for an extension setting

tbrth the reasons for the extension.

10.The Special Prosecutor shall be compensated at the rate of $65.00 an hour to be

paid by the Commonwealth of Pennsylvania. The investigator/support staff

chosen by the Special Prosecutor shall be compensated at the rate of $20.00 an

hour. All those seeking compensation shall keep detailed records of time and

services rendered. All shall provide the Supervising Grand Jury Judge with a

monthly accounting of time/services rendered.

11.Shall provide the Supervising Grand Jury Judge with periodic summaries of any

progress.

12.Submit a report addressed to the Pennsylvania Supreme Court, and the

Supervising Grand Jury Judge, setting forth any findings and recommendations

on any proposed statutory, rulemaking or recommended practices that would

preserve the critical requirement of secrecy in Grand Jury proceedings as well as

insuring the rights of defendants to a fair trial and maintaining the integrity of

our Grand Juries.
Nov 14 2014 15:43 Allen M Mandelbaum, Esq (61b) page 25

BY THE COURT:

0,92tg

WILLIAM R, CARPEN R, J.

Supervising Judge

Copies sent on May 29, 2014

By First Class Mail to:

Chief.Justice Ronald D. Castille

Pennsylvania Attorney General Kathleen G. Kane

Thomas E. Carluccio, Esquire
Nov 14 2014 15:43 Allen M Mandelbaum, Esq (610) 279-3005 page 26

Exhibit "B"

[Subpoena No#1]
NbV 14 2014 15:43 Alle`h M Mdétba (610i 2'/9 - -k$5 - pe g e 27

114

STATEWIDE INVESTIGATING GRAND JURY

SUBPOENA 

TO: ATTORNEY GENERAL

KATHLEEN KANE

:SUPREME COURT OF PENNSYLVANIA

:NO. 176 M.D. MISC. DKT. 2012

:MONTGOMERY COUNTY COMMON PLEAS

:M.D. 2644-2012

1. YOU are ORDERED to appear as a witness before the PENNSYLVANIA STATEWIDE

INVESTIGATING GRAND JURY, 1000 Madison Avenue (corner of Trooper and Van Buren

Roads), Third Floor, Norristown, Pennsylvania, on Thursday, September 18, 2014, at 8:00

O'clock A.M. to testify and give evidence regarding alleged violations of the laws of the Commonwealth of Pennsylvania and to remain until excused.

2. YOU are further ORDERED:

FAILURE to attend may cause a warrant to be issued for your arrest and will make you liable

under penalty of law for contempt of Court.

DATED: September 11, 2014 fa24, A? C?4,040,e.e,,

Hon. William R. Carpenter

Supervising Judge

If you have any questions about your appearance, contact Deputy Attorney General

Thomas Carluccio, at 484.674.2899.

Notice: 123 Subpoena: 1388
Nov 14 2014 15:43 Allen M Mandelbaum, Esci (610) 279-3005 page 28

-=-1)Exhibit "C"

[Schofield Affidavit of Special Prosecutor]
Nov 14 2014 15:43 Allen M Mandelbaum, Esq (610) 279-3005 page 29

AFFIDAVIT

COMMONWEALTH OF PENNSYLVANIA

: SS

COUNTY OF MONTGOMERY

BEFORE ME, the undersigned, personal/y appeared Thomas E. Carluccio, Esq.("Afflane),

who upon first being duly sworn by me, deposed upon her/his oath and stated as follows:

1 I, Thomas E. Carluccio, Esquire, am the Special Prosecutor to the 35'h Statewide Grand Jury

("35'h Investigating Grand Jury"), and the Affiant hereunder.

2. Memorandum prepared by William Davis, Esq. Deputy Attorney General and assigned

Prosecutor to the 291h Investigating Grand Jury- I hereby state that the 351h Investigating

Grand Jury received testimony from one or more witnesses that a Memorandum prepared by

William Davis, Esq. Deputy Attorney General and assigned Prosecutor to the 29th Investigating

Grand Jury was made available within an office environment to staff and/or others, where the

Memorandum was subsequently reviewed and delivered to unauthorized persons, including

members of the press

3. Recorded and Transcribed Statement of Special Agent Michael Miletto - Moreover, I hereby

state that 3.5th Investigating Grand Jury received testimony from one or more witnesses that a

recorded and transcribed statement of Special Agent Michael Miletto pertaining to his activities

and knowledge of particulars associated with the subject rnatter of the 29th Investigating Grand

Jury was procured by one or more persons who did not participate in the said the 296'

Investigating Grand Jury, and was subsequently reviewed and delivered to unauthorized persons,

including members of the press.

4. For purposes of this Affidavit, I define the aforesaid Memorandum, and Recorded and Statement

to be collectively referenced hereinafter as "Confidential Records" and are subject to prohibitions

on their singular and collective disclosure to third persons by operation of 42 Pa.C.S. §4549(b).

5. The Confidential Records contain information which clearly identifies facts, witnesses and events

which are part of the 291h Investigating Grand Jury, all of which is deemed part of the sealed

record of such Grand Jury, and as such is secret and confidential, subject to disclosure upon

application to the appropriate overseeing court.

6. Any disclosure of the Confidential Records or information thereto to unauthorized persons may

represent criminal act(s) under 42 Pa.C.S. §4549(b). and/or 18 Pa.C.S. §5101.

7. It was disclosed to the 35' 1 lnvesti_atin Grand

v4b Page # 1
Nov 14 2014 15:44 Allen M Mandelbaum, Esq (610) 279-3005 page 30

9, The purpose in seeking the testimony of Attorney General Kane under the subject subpoena, is to

determiae if Attorney Kane maintains direct or inferential information on matters pertaining to

the unauthorized disclosure of the existence and contents of the confidential Information

including without limitation; (a) what persons were present at the subject staff meetings and/or

conferences; (b) whether she or others were a.ware of the presence of the Confidential Information

at such staff' meetings and/or eonferences; (c) whether she or others were aware that the

Confider/fiat Information was at all times deemed private and confidential due its inclusion into

the evidence of the 29' 1 Investigatin5 Grand Jury; (d) to explore whether Attorney General Kane

maintains information to assist the Grand Jury in determining if the Confidential Inforrnaticm was

reviewed, copied, possessed, discussed and/or distributed among one or more unauthorized third

persons; and (e) the identity of those person(s) who impermissibly disclosed the Confidential

Information to members of the press or the general public.

10. Upon reasonable information and belief, the Affiant hereby asserts that Attorney General Kane

be compelled to testify and subject herself through the issued subpoena to a reasonable line of

questioning on those issues as aforementioned, together with questions on concerns that may arise

in the development of her testimony and such testimony is proper and warranted under the

circumstances.

11. The Affiant hereby certifies that the testimony of Attorney General Kane is either: directly

relevant and material to the investigation undertaken by 35th Investigating Grand Jury; or upon

information and reasonable belief will lead to relevant and material information relating to the

unauthorized disclosure of the Confidential Information.

12. The Affiant hereby states that the service of a subpoena upon Attorney General Kane for her

testimony is warranted under the circumstances, represents a good-faith basis for eompeiHng such

testimony, and that Affiant seeks such testimony for no other inappropriate basis.

13. Affiant herein verifies that the statements in this Affidavit are both truthful and correct to the best

of his knowledge, information and belief. Further, Affiant acknowledges that the statements

made herein may be subject to the penalties of 18 Pa. C.S.A. 4904 relating to the falsification to

authorities.

Thomas E. Carluccio, Esquire - Affiant

Special Prosecutor for the 35th Statewide Grand Jury

SWORN TO AND SUBSCRIBED

BEFORE mE THIS 1 DAY

eXTOC.10 1

OF , 2014

The Hon. William R. Carpenter

v4b Page # 2
Nov 14 2014 15:44 Allen M Mandelbaum, Esc1 (610) 279-3005 page 31

2 Exhibit "D"

[Order of 10/20/2014 of Supervising Judge Carpenter]
Nov 14 2014 15:44 Allen M Mandelbaum, Esq (610) 279-3005 page 32

IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, PENNSYLVANIA

IN RE:

THE THIRTY-FI VE STATEWIDE

INVESTIGATING GRAND JURY

: SUPREME COURT OF PENNSYLVANIA

: NO. 176 M.D. M1SC OKT. 2012

: MONTGOMERY COUNTY COMMON PLEAS

: M.D. 1424-2014

: NOTICE NO. 123

ORDER 

AND NOW, this 20th day of October, 2014, upon. consideration of the Motion to

Quash Grand Jury Subpoena containing also a "Motion for the Production of the Order

appointing Thomas Carluccio as Special Prosecutor and any documents related to that

Appointment" filed by Amil M. Minora, Esquire and Gerald L Shargel, Esquire for

Attorney General Kathleen Kane, the following ()rder is entered:

1. IT IS ORDERED that the Motion for the Production of the Order

appointing Thomas Carluccio as Special Prosecutor and any documents

related to that Appointment is GRANTED.

2. r r Is ORDERED that after an in camera hearing was conducted in which

arguments of counsel for Attorney Kathleen Kane and those of the

Special Prosecutor were considered and their respective memorandurn

were reviewed; and after it was determined that a challenge to

empanelment statements and submission notice were without any
Nov 14 2014 15:45 Allen M Mandelbaum, Esq (610) 279-3005 page 33

merit, and upon consideration of the "Schofield" affidavit, a redacted

copy of which was furnished to Attorney General Kathleen Kane, which

showed that the information sought from Attorney General Kane is

relevant to the 35'h Statewide Grand Jury investigation, is within the

Grand Jury's jurisdiction and that the information is sought in good

faith and not for another purpose, therefore, the Motion to Quash

Grand Jury Subpoena is DENIED.

IT 15 HEREBY ORDERED and DECREED that Attorney General Kane must appear

before the 35''' Statewide Investigating Grand Jury to testify on Tuesday, October 21,

2014.

BY THE COURT:

WILLIAM R. CARPEN ER, J.

Supervising Judge

Copies sent on October 20, 2014

By Electronic Mail to:

Thomas E. Carl uccio, Esquire

Amil M. Minora, Esquire

Gerald L. Shargel, Esquire
Nov 14 2014 15:45 Allen M Mandelbaum, Esq (610) 279-3005 page 34

IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, PENNSYLVANIA

TN RR:

THE STATEWIDE

: MONTGOMERY COUNTY COMMON PLEAS

INVESTIGATING GRAND JURIES

: In Re: Povvers and Responsibilities of

: Special Prosecutor Exercising

: Extraordinary Jurisdiction; oa Allegations that

Secret Grand Jury or Related Information was

: Unlawfully and/or Negligently

: Accessed/Released/Compromised

ORDER •

AND NOW, this 29th day of May, 2014, after "preliminary investigation"; this

court in its capacity as Supervising Judge of the 35th Statewide Investigating Grand Jury,

finds there are reasonable grounds to believe a further more substantive investigation is

warranted into allegations that statewide Grand Jury secrecy rnay have been compromised:

It is therefore ORDERED and DIRECTED by this Court in accordance with the authority

vested in it by the 1078 Pennsylvania Investigating Grand Jury Act of 1978, 42 Pa. C.S. §

4541, et seq, and the procedural rules that followed (Pa.R.Crim.P 220, et seq.) as well as

relevant case law; that THOMAS E. CARLUCCIO, ESQUIRE, be and is hereby

appointed Special Prosecutor with full power, independent authority and jurisdiction to

investigate and.prosecute to the maximum extent authorized by law any offenses related to •

any alleged illegal disclosure of information protected by the Iaw and/or intentional and/or ..
Nov 14 2014 15:45 Allen M Mandelbaum, Esq (610) 279-3005 page 35

negligent violations and rules of Grand Jury secrecy as to a former Statewide Investigating

Grand Jury, such as;

1. 42 Pa. as. § 4549(b) Disclosure of proceedings by participants other than

"Vitnesses..."all such persons shall be sworn te"secrecy, and shall be in contempt

of court if they disclose/reveal any information which they are sworn to keep

secret."

2. ]8 Pa. C.S. § 5101 Obstructing administration of law or other governmental

function — "a person commits a misdemeanor of the second degree if he

intentionally obstructs, impairs or perverts the administration of law or other

governmental function by force, violence, physical interference or obstacle,

breach of official duty.

3. Any other applicable offense.

It is FURTHER ORDER.ED by the Court that the Special Prosecutor:

1, Shall use any appropriate currently empaneled Grand Jury to investigate any

alleged or suspected violations of secrecy or concornitant crimes related to such.

2. Shall have the right to request an application for an immunity order from the

Attorney General.

3. Shall have the right to employ all appropriate resources including a minimum of

one investigator and if necessary, one support staff.
Nov 14 2014 15:46 Allen M Mandelbaum, Esq (610) 279-3005 page 36

AFFIDAVIT

COMMONWEALTH OF PENNSYLVANIA

: SS

COUNTY OF MONTGOMERY

BEFORE ME, the undersigned, personally appeared Thomas E. Carluecio. Esq.("Affiann,

who upon first being duly sworn by me, deposed upon her/his oath and stated as follows:

1. I, Thomas E. Carluccio, Esquire, am the Special Prosecutor to the 35th Statewide Grand Jury

("35th Investigating Grand jury"), and the Affiant hereunder.

2. Memorandum prepared by William Davis, Esq. Deputy Attorney General and assigned

Prosecutor to the 29111 Investigating Grand Jury- I hereby state that the 35th Investigating

Grand Jury received testimony from one or more witnesses that a Memorandum prepared by

William Davis, Esq. Deputy Attorney General and assigned Prosecutor to the 29th Investigating

Grand fury was made available within an office environrnent to staff and/or others, where the

Meinorandum was subsequently reviewed and delivered to unauthorized persons, including

mernbers of the press

3. Recorded and Transcribed Statement of Special Agent Michael Miletto - Moreover, I hereby

state that 35th Investigating Grand Jury received testimony from one or more witnesses that a

recorded and transcribed statement of Special Agent Michael Miletto pertaining to his activities

and knowledge of particulars associated with the. subject matter of the 29th Investigating Grand

Jury was procured by one or more persons who did not participate in the said the 291h

Investigating Grand Jury, and was subsequently reviewed and delivered to unauthorized persons,

including members of the press.

4. For purposes of this Affidavit, I define the aforesaid Memorandum, and Recorded and Statement

to be collectively referenced hereinafter as "Confidential Records" and are subject to prohibitions

on their singular and collective disclosure to third persons by operation of 42 Pa.C.S. §4549(b).

5. The Conjidewial Records contain information which clearly identifies facts, witnesses and events

which are part of the 291h Investigating Grand fury, all of which is deemed part of the sealed

record of such Grand Jury, and as such is secret and confidentia/, subject to disclosure upon

application to the appropriate overseeing court.

6. Any disclosure of the Cow?derilial Records or information thereto to unauthorized persons may

represent criminal act(s) under 42 Pa.C.S. §4549(b). and/or / 8 Pa.C.S. §5101.

7. It was disclosed to the 35th Irivestiati

v4b Page it 1
Nov 14 2014 15:46 Allen M Mandelbaum, Esq (610) 79-3005 page 37

9. The purpose in seeking the testimony of Attorney General Kane under the subject subpoena, is to

determine if Attorney Kane maintains direct or inferential information on matters pertaining to

the unauthorized disclosure of the existence and contents of the Conficlential Information

including without limitation: (a) what persons were present at the subject staff meetings and/or

conferences; (b) whether she or others were aware of the presence of the Confidential Information

at such staff meetings and/or conferences; (c) whether she or others were aware that the

Confidential Information was at all times deemed private and confidential due its inclusioli into

the evidence of the 29'h Investigating Grand Jury; (d) to explore whether Attorney General Kane

maintains information to assist the Grand Jury in deterrnining if the Confidential Information was

reviewed, copied, possessed, discussed and/or distributed among one or more unauthorized third

persons; and (e) the identity of those person(s) who impermissibly disclosed the Confidential

Information to members of the press or the general public.

10. Upon reasonable information and belief, the Affiant hereby asserts that Attorney General Kane

be compelled to testify and subject herself through the issued subpoena to a reasonable line of

questioning on those issues as aforementioned, together with questions on concerns that may arise

in the development of her testimony and such testimony is proper and warranted under the

circumstances .

11. The Affiant hereby certifies that the testimony of Attorney General Kane is either: directly

relevant and material to the investigation undertaken by 35th Investigating Grand Jury; or upon

information and reasonable belief will lead to relevant and material information relating to the

unauthorized disclosure of the Confidential Information.

12. The Affiant hereby states that the service of a subpoena upon Attorney General Kane for her

testimony is warranted under the circumstances, represents a good-faith basis for compelling such

testimony, and that Affiant seeks such testimony for no other inappropriate basis.

13. Affiant herein verifies that the statements in this Affidavit are both truthful and correct to the best of his knowledge, information and belief. Further, Affiant acknowledges that the statements

made herein may be subject to the penalties of 18 Pa. C.S.A. 4904 relating to the falsification to authorities.

SWORN TO AND SUBSCRIBED

BEFORE ME THIS 11 DAY

OF CA.TCA3/1/2 , 2014

Thomas E. Carluccio, Esquire - Affiant

Special Prosecutor for the 35th Statewide Grand Jury

6"\ UfL9-7

The Hon. William R. Carpenter

Page # 2
Nov 14 2014 15:47 Allen M Mandelbaum, Esq (610) 279-3005 page 38

Exhibit "E "

[Subpoena No#2]
--Nov 14 (11!tl. - 1§47 Alien M Mandelbaum, Esq (610) 279-3005 page 39

STATEWIDE INVESTIGATING GRAND JURY

SUBPOENA 

TO: ATTORNEY GENERAL

KATHLEEN KANE

:SUPREME COURT OF PENNSYLVANIA

:NO. 176 M.D. MISC. DKT. 2012

:MONTGOMERY COUNTY COMMON PLEAS

:M.D. 2644-2012

1. YOU are ORDERED to appear as a witness before the PENNSYLVANIA STATEWIDE

INVESTIGATING GRAND JURY, 1000 Madison Avenue (corner of Trooper and Van Buren

Roads), Third Floor, Norristown, Pennsylvania, on Tuesday, October 21, 2014, at 8:00 O'clock

A.M. to testify and give evidence regarding alleged violations of the laws of the Commonwealth of

Pennsylvania and to remain until excused.

2. YOU are further ORDERED:

FAILURE to attend may cause a warrant to be issued for your arrest and will make you liable

under penalty of law for contempt of Court.

DATED: September 25, 2014 r A ?

Hon. William R. Carpenter

Supervising Judge

If you have any questions about your appearance, contact Deputy Attorney General

Thomas Carluccio, at 484.674.2899.

Notice: 123 Subpoena: 1427
Nov 14 2014 15:47 Allen M Mandelbaum, Esq (610) 279-3005 page 40

[21 Exhibit "F"

[Subpoena No#3[
Nov 14 2014 15:47 Allen M Mandelbaum, Esq (610) 279-3005 page 41

STATEWIDE INVESTIGATING GRAND JURY

SUBPOENA 

TO: ATTORNEY GENERAL

KATHLEEN KANE

:SUPREME COURT OF PENNSYLVANIA

:NO. 176 M.D. MISC. DKT. 2012

:MONTGOMERY COUNTY COMMON PLEAS

:M.D. 2644-2012

1. YOU are ORDERED to appear as a witness before the PENNSYLVANIA STATEWIDE

INVESTIGATING GRAND JURY, 1000 Madison Avenue (corner of Trooper and Van Buren

Roads), Third Floor, Norristown, Pennsylvania, on Monday, November 17, 2014 through Friday,

November 21, 2014, at 8:00 O'clock A.M. to testify and give evidence regarding alleged violations

of the laws of the Commonwealth of Pennsylvania and to retnain until excused.

2. YOU are further ORDERED:

FAILURE to attend may cause a warrant to be issued for your arrest and will make you liable

under penalty of law for contempt of Court.

DATED: October 29, 2014 ;eel Æ

Hon. William R Carpenter

Supervising Judge

If you have any questions about your appearance, contact Special Prosecutor Thomas

Carluccio, at 484.674.2899.

Notice: 123 • Subpoena: 1502
Nov 14 2014 15:48 Allen M Mandelbaum, Esq (610) 279-3005 page 42

A- Exhibit "G"

[9/17/14 Order of Supervising Judge Carpentel
Nov 14 2014 15:48 Alleh M Mandelbaum, Esq (610) 279-3005 page 43

IN RE:

ry,

IN TI-IE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, •PENNSYLVANIA

: SUPREME COURT OF PENNSYLVANIA.

; NO. 176 M.D. MISC. NCI. 20.12

THE TI-HRTY-FIFTH STATEWIDE

: MONTGOMERY COUNTY COMMON-PLEAS

INVESTIGATING GRAND JURY : M.D. 2644-2012

: NOTICE NO. 123

ORDER

AND NOW; this' VA' day of September, 2614, it is hereby ORDERED that :the,attactied ,

1.ederf.Septe.mber :hereby sealeci.

i•;

WILLIAM.R,CARPENTER:.

.8üptvîšíi JOdke

ThirtyFif-th Statewide,IiWestigailig -

Q;-arid. Airy
Nov 14 2014 15:48 Alleri M Mandelbaum, Esq (6.10) 279-3Q05 page 44

IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, PENNSYLVANIA

IN RE: : SUPREME COURT OF PENNSYLVANIA *

: NO. 176 M.D. MISC mcr. 2012

THE TH1RTY-FIVE STATEWIDE

: MONTGOMERY COUNTY COMMON PLEAS

INVESTIGATING GRAND JURY •: M.D. 1424-2014

: NOTICE NO. 123

ORDER

AND NOW, this 17th day of September, 2014, in the exercise of its discretion after

an in camera hearing and a finding of substantial evidence, this Court issued a Protective

Order;

And upon consideration of the Motion for Reconsideration filed by the Office of

Attorney General relating to the Order of Court issued August 27, 2014,

IT IS ORDERED that the Motion is GRANTED in part as to Paragraphs 2 and 5' of

said Order, and'the following persons only shall be subject to Paragraphs 2 and 5 of said

Order:

1. Any person who has been sworn to Grand Jury secrecy.

2. Any person who has or had access to any Grand Jury information.

3. Any person associated with the J. Whyatt Mondesire proceedings and

investigation.

Additionally, Paragraph 7 of said Order is modified to allow communication

regarding the Order with counsel for a person subject to the Order, for purposes of appeal,

and for any other, similar purpose required by law,
Nov 14 2014. 1548 Allen M Mandelbaum, Esq (610) 279-3005 page 45

....... •••

BY THE CO`ORT:

WILLIAM R. CARPEN ER, J.

Supervising Judge

Copies sent on September 1710-4

By Firsf; Oass Mail toz

Thonias E. Carluccio, Esquire

3:ames Barker, Esquire
FILED

11/18/2014

Supreme Court

Middle District

IN RE: THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

PETITION OF: ATTORNEY GENERAL

KATHLEEN G. KANE

UNSEALED PER 

ORDER OF THE 

COURT DATED

AUGUST 26, 2015
IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

THE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF PENNSYLVANIA NO.

176 M.D. MISC. DKT. 2012

MONTGOMERY COUNTY COMMON PLEAS

M.D. 2644-2012

Docket No. 175 MM 2014

AFFIDAVIT OF AMU, M. MINORA, ESQUIRE

Pursuant to Pennsylvania Rule of Civil Procedure 1012.1(d)(2), I declare that the

following facts are true, to the best of my knowledge, information and belief:

1. After reasonable investigation, I believe Gerald L. Shargel, Esq. is a reputable and

competent attorney and I am in a position to recommend Gerald L. Shargel, Esq.'s

admission.

2. I aver that the information required by Section 81.504 of the IOLTA regulations

has been provided to the IOLTA Board.

3. The fee required by Section 81.505(a) of the IOLTA regulations has been paid

and a copy of the fee payment certification from the IOLTA Board is attached.

4. I sponsored Gerald L. Shargel's admission pro hac vice in a related matter before

the Montgomery County, Pennsylvania Court of Common Pleas, captioned M.D.

2644-2012.

5. I aver that any proceeds that are received from this representation of Attorney

General Kathleen Kane in which Gerald L. Shargel, Esq. is granted admissionpro

hac vice shall be received, held, distributed and accounted for in accordance with

Rule 1.15 of the Pennsylvania Rules of PJ ssional Conduct, including the

IOLTA provisions thereof, if applica

COMIVIONWEALTFI OF PENNSYLVANIA

COUNTY OF

Amil M. Mi , Esquire

: SS
On this ay of November, 2014, before me, a Notary Public, the undersigned officer, personally appeared,

Amil M. Minora, Esquire, known to me (or satisfactorily proven) to be the person whose name is subscribed to the

within instrument and acknowledge the same to her act and deed for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.

COMMONWE LTH OF PENNSYLVANIA

Notarial Seal

Nancy M. Haggerty, Notary Public

City of Scranton, Lackawanna County

My Commission Expires May 13, 2015

MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Ap.pettate Divon of the *Upton)/ (fond

of the *tate of New Mork

Oerrinb aluiskiat Bepartntent

31, Aprilame Agostino, Clerk of tt, Appellate Dion of tile

Oupretne Cunt of tire *tate of New Mork, etconb Xubicial Department,

Ito tFereby certify tbat Gaunt Einurence*Iyargel urns bully

anb atunitter to practice as an Attorney anti Tounselor-at-Eam

in aft tilt courts of tlire *tate, amrbing to tile taws of tIle *tate anù tire

court mires mai orbgvas on tile L tlf bay of Derenther 1009,

Imo bully taktu anti subscribeit tt,e nab of office prestribeb by tant,

been enrollat in tire 1011 of Attorneys unit Counselors-at-Emu on file in

my office, Ilaz buly registereb tiitI tIE tOntinistratine office of tile

courth, anb accorbing to tile recorbs of tlifis court is in goat stanbing as

an Attorney mat Tounselor-at-Kant

itneos IR hereof, I have hereunto get

Ing halal IiI fixeb the seat uf

Appethrte Divioion on Nouember 14, 2014.

Mak of the (Court
IN THE SUPREME COURT OF PENNSYLVANIA

HARRISBURG DISTRICT

IN RE:

TICE THIRTY-FIVE STATEWIDE

INVESTIGATING GRAND JURY

SUPREME COURT OF PENNSYLVANIA NO.

176 M.D. MISC. DKT. 2012

MONTGOMERY COUNTY COMMON PLEAS

M.D. 2644-2012

Docket No. 175 MM 2014

AFFIRMATION

Gerald L. Shargel, being duly sworn, states under the penalty of perjury that the

following is true and correct:

I. I am an attorney duly licensed to practice in New York State. I was first admitted

to the New York State bar in December, 1969. My New York State Bar

Identification Number is 1068915. I subnait this affirmation in support of my

application for admission pro hac vice in the above captioned matter.

I am also authorized to practice in the following jurisdictions:

a. Eastem District of New York (January 8, 1971)

b. Southern District of New York (January 11, 1971)

c. United States Court of Appeals for the Second Circuit (January 12, 1971)

d. United States Court of Appeals for the Third Circuit (September 7, 1977)

e. United States Court of Appeals for the Fifth Circuit (July 8, 1974)

f. United States Court of Appeals for the Ninth Circuit (January 9, 1980)

g. Supreme Court of the United States (October 23, 1973)

III. I have been admitted to pfactice pro hac vice in the District of New Jersey, the

Northern District of Florida, the Eastern District of Pennsylvania, and the Eastern

District of Virginia.

IV. I have never been suspended, disbarred, or otherwise disciplined in any

jurisdiction.

V. I have never been subject to any disciplinary proceedings in any jurisdiction.

VI. I am admittedpro hac vice in a related matter before the Montgomery County,

Pennsylvania Court of Common Pleas, captioned M.D. 244-2012.

1
VII. I will comply with and be bound by all applicable statutes, case law, and

procedural rules of the Commonwealth of Pennsylvania, including the

Pennsylvania Rules of Professional Conduct and will submit to the jurisdiction of

the Pennsylvania courts and the Pennsylvania Disciplinary Board with respect to

acts and omissions occurring during my appearance in this matter.

VIII. I consent to the appointment of Amil Minora, Esq., 700 Vine Street, Scranton, PA

18510, as the agent upon whom service of process shall be made for all actions,

including disciplinary actions, that may arise out of the practice of law in this

matter.

Dated: November7i 2014

New York,

2

/

rorShargel
From:

Sent:

To:

Subject:

PA IOLTA Board

P.O. Box 62445

Harrisburg, PA 17106..2445

www.patolta.org

Thank you for your order!

a i 44—*7

Merchant:

Description:

Invoice Number:

customer ID:

Isabelle Wozniak <isabelle.wozniak@pacourts.us>

Friday, November 14, 2014 2:43 PM

Shargel, Gerald L

Pennsylvania Interest on Lawyers Trust Account Board Customer Receipt/Purchase

Confirmation

-

Pemtsylvania Interest on Lawyers Trust Account Board

Pro Hac Vice Application Fee

PHV20141114144148

NY1068915

Billing Information

Gerald Shargel

132 E. 72nd St.

New York, NY 10021

gsharnel@winstoncom

212-294-2637

Fax: 212-294-4700

DateiTime:

Transaction ID:

Shipping Information

7—tt

14-Nov-2014 14:43:02 EST

6666414928

The total includes a $2.75 convenience fee.

MVZ

-v.

Total: US $202.7.5

• -,-4,4,-4x,-4:70 Pep4.1g,v 4 zt'QV

1
SUPREME COURT OF PENNSYLVANIA

PENNSYLVANIA INTEREST ON

LAWYERS TRUST ACCOUNT BOARD

November 17, 2014

GERALD L SHARGEL, Esq.

WINSTON & STRAWN LLP

200 PARK AVE.

NEW YORK, NY 10166

SENT TO GERALD L SHARGEL VIA Email: GSHARGEL@WINSTON.COM

Dear Attorney SHARGEL:

This letter serves as the fee payment certification referenced in 204 Pa Code §81.503 and

acknowledges receipt of the $200.00 fee paid by Online Payment on this date related to your

pursuit for admission pro hac vice in the case identified as in re: The Thirty-Five Statewide

Investigating Grand Jury, no. 175 MD 2014, filed in the Supreme Court of Pennsylvanra.

You should refer to Pa Rule of Civil Procedure 1012.1, local court rules, and other regulations of

204 Pa Code §81.501 et. seq. concerning additional requirements related to seeking pro hac vice

admission.

Sincerely,

Aidii,04e714,ivadStephanie S. Libhart

Executive Director

cc: AMIL MICHAEL MINORA, Esq.

emit minora@gmail.corn

Pennsylvania Judicial Center

601 Commonwealth Ave., Ste.2400

PO Box 62445, Harrisburg, PA17106-2445

717/238-2001 • 888/PA-1OLTA P4-6582) • 717/238-2003 FAX

paiolta@pacourts.us • www.paiolta.org

Administering Pennsylvania's Interest On Lawyers Trust Account (IOLTA) Prograrn
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

In Re: The Thirty-Five Statewide ' No. 175 MM 2014

Investigating Grand Jury

Petition of: Attorney General Kathleen G.: Motion for Admission Pro Hac Vice

Kane

ORDER

AND NOW, this 19th day of November, 2014, the Motion for Admission Pro Hac

Vice of Gerald L. Shargel is hereby granted.

Prothonotary

UNSEALED PER ORDER OF

THE COURT DATED

AUGUST 26, 2015