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U.S. Department of Justice
United States Attorney
Eastern District of Oklahoma
1200 West Okmulgee
Muskogee, Oklahoma 74401
(918) 684-5100
Main Fax (918) 684-5130
Criminal Fax (918) 684-5150
August 14, 2001
Brian West
714 E. Osage
McAlester, OK 74501
Fax: 918-967-2859
VIA FAX
Dear Mr. West:
This letter is sent pursuant to our conversation of yesterday.
You indicated to me that you are currently unrepresented in this
matter. If that is untrue, or if you eventually obtain representation,
please have your attorney contact me as soon as possible.
You are incited to appear before the Grand jury on about
September 5, 2001 to answer questions regarding your involvment
in alleged illegal activity. Whether or not you decided to appear
before the grand jury is completely up to you. Please let me know
as soon as possible, but by no later than August 24, 2001, in
writing, whether or not you desire to appear before the grand jury,
and the invitation will be withdrawn. Futhermore, it is prudent that
all of our communications occur in writing, so please note I will
henceforth decline to speak with you on the telephone.
Pursuant to Department of Justice Policy, the folling advice
of rights is provided for your information:
ADVICE OF RIGHTS
1. The grand jury for the Easter District of Oklahoma is
conducting an investigation of possible violations of Federal
Criminal Law innvolving a violation of Title 18, United States
Code, Section 1030, and other violations. You are the target
of this investigation.
2. You may refuse to answer any questions if a truthful
answer to the question would tend to incriminate you.
3. Anything that you do or say may be used against you
by the Grand Jury or in subsequent legal proceeding.
4. If you have retained counsel, the Grand Jury will premit
you a reasonable opportunity to step outside the Grand Jury
room to consult with counsel if you so desire.
Whether to retain an attorney is entirely your decission;
however, I must emphasize that this is a serious matter.
The advice of an attorney may be of great assistance. If you
do retain an attorney, please advise me of that fact soon as
possible.
Also the government would be willing to resolve this matter
at this juncture if you agreed to plead guilty to one violation of
Title 18, United States Code, Section 1030. As part of the
agreement the government would stipulate that your sentence
should be probation. Please let me know, in writing, as soon
as possible, whether or not you wish to resolve this matter
pursuant to plea agreement.
If you have any questions, please do not hesitate to call
FBI Special Agent Gary Graff. I believe a prompt resolution
of this matter is in everyone's best interest.
Sincerly yours,
SHELDON J. SPERLING
United States Attorney
(Signed Jeff Gallant)
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JEFF GALLANT
Assistant United States Attorney
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