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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 

Application for 2705(b)
Grand Jury Non?Disclosure
In Re Grand Jury Subpoena to Order to Service Provider
Reasoncom Dated June 2, 2015, USAO
Reference No. 2015R00284 SEALED 
Docket No.

 

 

STATE OF NEW YORK 
COUNTY OF NEW YORK 3 SS.

NIKETH VELAMOOR, pursuant to Title 28, United States Code, Section 1746, hereby
af?rms under penalty of perjury the truth of the facts set forth herein:

1. 1 am an Assistant United States Attorney in the Of?ce of the United States Attorney
for the Southern District of New York and am familiar with the investigation underlying this
request. I respectfully submit this application under 18 U.S.C. 2705(b) for an order to
Reasoncom (?Service Provider?), headquartered at 5737 Mesmer Ave, Los Angeles, CA
90230, not to notify any person (including the subscribers, customers or users listed and/or
identi?ed in the attached subpoena) of the existence of the attached subpoena for a period of 180
days from the date of the non?disclosure order herein requested.

2. Service Provider is a provider of an electronic communication service or a remote
computing service in the sense of 18 U.S.C. 2510(15) 2711(2). Section 2703(c)(2) of
Title 18 authorizes the Government to obtain enumerated subscriber information and telephone

connection or session?time information from a provider of an electronic communication service

or a remote computing service via grand jury subpoena. The Government has served a grand

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jury subpoena, a copy of which is attached to the accompanying proposed Non-Disclosure Order,
on Service Provider directing it to disclose information within those categories.

3. When the Government seeks such information via grand jury subpoena, 18 U.S.C.

2705(b) authorizes the Court to issue

an order commanding a provider of electronic communications service or remote

computing service to whom a warrant, subpoena, or court order is directed, for

such period as the court deems appropriate, not to notify any other person of the

existence of the warrant, subpoena, or court order. The court shall enter such an

order if it determines that there is reason to believe that noti?cation of the

existence of the warrant, subpoena, or court order will

result in?? .

(1) endangering the life or physical safety of an individual;

(2) ?ight from prosecution;

(3) destruction of or tampering with evidence;

(4) intimidation of potential witnesses; or

(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

4. In this case, such an order would be appropriate because the attached subpoena relates
to an ongoing criminal investigation that is neither public nor otherwise known to all targets of
the investigation, the account holder is suspected of being involved in or associated with persons
involved in the conduct under investigation, and disclosure of the subpoena to the account owner
or to any other person may alert subjects or targets of the ongoing investigation. Accordingly,
there is reason to believe that noti?cation of the existence of the attached subpoena will seriously
jeopardize the investigation, including by giving targets an opportunity to ?ee or avoid
prosecution, or tamper with evidence, including electronically stored information that is easily
tampered with. Given the amount of time a criminal investigation commonly lasts and the

particular circumstances presented here, the Government respectfully submits that 180 days is an

appropriate delay of notice period for the Court to order.

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5. For the reasons set forth above, the Government further requests that the Court order
that this Application and any resulting order be sealed until further order of the Court, except that
the Government may provide copies of the application and order as need be to personnel
assisting the Government in the investigation and prosecution of this matter, and may disclose
these materials as necessary to comply with discovery and disclosure obligations in any
prosecutions related to this matter.

6. No prior request for the relief set forth herein has been made.

WHEREFORE the Government respectfully requests the Court to enter the
accompanying proposed 2705(b) Non?Disclosure Order.

Dated: New York, New York
June 4-, 2015

 

NIKETH VELAMOOR
Assistant United States Attorney
Tel": 212 637?1076

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