Justice Department's Subpoena to Theymos of Bitcointalk

In a continuation of the saga of the subpoena sent to Theymos of Bitcointalk, the subpoena has now been released. Full plain text below:

U.S. Department of Justice
United States Attorney
Southern District of New York

The Silvio J. Mollo Building
One Saint Andrew’s Plaza
New York, New York 10007

December 2, 2014
By E-mail
Michael Marquardt
Administrator, bitcointalk.org Discussion Forum
Email: theymos@mm.st
Re:

Trial Subpoena in United States v. Ross William Ulbricht,
S1 14 Cr. 68 (KBF)

To whom it may concern:
The attached subpoena has been issued by the United States Attorney’s Office for the
Southern District of New York, in connection with a federal criminal trial scheduled to begin on
January 5, 2015. The subpoena requires the production of certain records, which are described
on the face of the subpoena. Please note that the subpoena also requires the personal appearance
of a custodian of records from your company who can authenticate the records requested. In
light of the impending trial date, please have the appropriate records custodian contact me
as soon as possible to coordinate his or her appearance at trial. In lieu of an appearance, the
custodian may fill out and return the declaration enclosed herewith along with the requested
records.
Thank you for your cooperation in this matter.
Sincerely,
PREET BHARARA
United States Attorney

By:

___________________________
SERRIN TURNER
Assistant United States Attorney
Southern District of New York
(212) 637-1946

Court Subpoena

SOUTHERN DISTRICT OF NEW YORK
TO:

Michael Marquardt
Administrator, bitcointalk.org Discussion Forum
Email: theymos@mm.st

GREETINGS:
WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and
attend before the United States District Court for the Southern District of New York, 500 Pearl Street,
in the Borough of Manhattan, City of New York, New York, in the Southern District of New York, at
the following date, time and place:
Appearance Date:
January 5, 2015
Appearance Time: 9:00 a.m.
Appearance Place:
500 Pearl Street, New York, New York 10007
to testify and give evidence in the following matter:
United States v. Ross William Ulbricht, 14 Cr. 68 (KBF)
and not to depart the Court without leave thereof, or of the United States Attorney, and that you bring
with you and produce at the above time and place the following:
(1) A copy of all posts to the “bitcointalk.org” discussion forum by the user associated to the username “altoid”
(2) A copy of the full discussion thread on “bitcointalk.org” titled “Bitcoin Forum > Economy > Trading
Discussion > A Heroin Store”

Failure to attend and produce any items hereby demanded will constitute contempt of court and will
subject you to civil sanctions and criminal penalties, in addition to other penalties of the Law.
DATED:

New York, New York
December 2, 2014

PREET BHARARA
United States Attorney for the
Southern District of New York

SERRIN TURNER
Assistant United States Attorney
One St. Andrew’s Plaza
New York, New York 10007
Telephone: 212-637-1946
Email: serrin.turner@usdoj.gov
rev. 02.01.12

Declaration of Custodian of Records
Pursuant to 28 U.S.C. § 1746, I, the undersigned, hereby declare:
My name is ________________________________________.
(name of declarant)
I am a United States citizen and I am over eighteen years of age. I am the custodian of
records of the business named below, or I am otherwise qualified as a result of my position with
the business named below to make this declaration.
I am in receipt of a trial subpoena, dated December 2, 2014, and signed by Assistant United
States Attorney Serrin Turner, requesting specified records of the business named below.
Pursuant to Rules 902(11) and 803(6) of the Federal Rules of Evidence, I hereby certify that the
records provided herewith and in response to the Subpoena:
(1) were made at or near the time of the occurrence of the matters set forth in the records,
by, or from information transmitted by, a person with knowledge of those matters;
(2) were kept in the course of regularly conducted business activity; and
(3) were made as a regular practice of that activity.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ___________________.
(date)
_____________________________________________________________
(signature of declarant)
_____________________________________________________________
(name and title of declarant)
_____________________________________________________________
(name of business)
_____________________________________________________________
(business address)
_____________________________________________________________

_____________________________________________________________

Definitions of terms used above:
As defined in Fed. R. Evid. 803(6), “record” includes a memorandum, report, record, or data compilation, in any form,
of acts, events, conditions, opinions, or diagnoses. The term “business” as used in Fed. R. Evid. 803(6) and the above
declaration includes any business, institution, organization, association, profession, occupation, or calling of any kind,
whether or not conducted for profit.

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