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Notice is hereby given that today I sent requests for testimony, pursuant to United States
ex rel. Touhy v. Ragen, 340 U.S. 462 (1951), to three federal agencies, so that three current or
former federal employees may testify in this case. Under Touhy, federal agencies may propagate
their own regulations for requests for evidence from current or former employees, in lieu of
The three requested witnesses clearly have relevant evidence. According to a Department
of Justice Press Release, Department of Commerce Special Agent Christopher Tafe and
Immigration and Customs Enforcement (ICE) Agent Theodore Schmitz were commended for their
work on the underlying criminal prosecution of Chiquita Brands. See Exhibit A attached hereto
at 3. These witnesses will explain the Defendant's complex payment schemes to the jury, and the
The third witness, Michael Chertoff, ran the Criminal Division of the Department of Justice
in 2003, and in April 2003 met with Roderick Hills and other Chiquita representatives to discuss
Case 0:08-md-01916-KAM Document 1498 Entered on FLSD Docket 07/08/2017 Page 2 of 3
Chiquita's AUC payments. There is a factual dispute over whether the Department of Justice
indicated that they would look the other way or condone the payments, even though the DOJ
Yesterday, undersigned counsel conferred with counsel for the defendants and the six other
plaintiff groups, but no one replied. If other counsel want to make Touhy requests for other
witnesses, there should be no problem, since each request is independent of the others. The
requests are being made early in the discovery phase, since each agency has its own procedures
and time table for determining whether to object to the testimony. Presuming one or more of these
agencies permit the depositions, undersigned counsel will again confer with plaintiffs and
defendants counsel as to who shall conduct and pay for the depositions. The Court has already set
forth the rules for this, see D.E. 865. Any parties wishing to partipate in the deposition will share
in the costs. Id. The plaintiffs' counsel will vote on who shall conduct the deposition, with each
"case" having one vote. Id. These details will be arranged once the agencies have stated whether
According to the agencies various Touhy regulations, each request must be supported by a
declaration setting forth the scope and relevance of the requested testimony. The three requests
and supporting declarations are attached hereto as Exhibit B. In addition, copies have been sent
to AUSA Jonathan Mathis, who prosecuted the criminal case, and to Channing Phillips, the current
Respectfully submitted,
(202) 431-6986
fax: n/a
paulwolf@yahoo.com
July 8, 2017
Certificate of Service
I hereby certify that on this 8th of July, 2017, I filed the foregoing Notice, along with its
two Exhibits, using the Court's CM/ECF electronic case-filing system, which will send notices by
email to all parties entitled to receive them.