EFTA01266023.pdf

Attn: 12070-7000
15000 Capital One Drive
Richmond, VA 23238-1119
subpoena@capitalone.com
October 25, 2019
VIA INTRALINKS
Federal Bureau of Investigation
26 Federal Plaza
New York, NY 10278
Re: Subpoenaed Entity: Capital One Bank (USA), N.A. and Capital One, N.A.
Responding Entity: Capital (USA), N.A. and Capital One, N.A.
Case No./Name: In re
Our File Number
Dear
I am writing in response to the subpoena or information request for the above-referenced matter
("Subpoena") directed to the above Subpoenaed Entity. Subject to and without waiving the below
objections,' the Responding Entity (-Capital One") has exercised reasonable diligence in searching
its systems of record for the documents and/or information reasonably requested by the Subpoena,
and the enclosed documents and/or information represent all available documents and/or
information yielded by this search. Please note that there are multiple Capital One entities and that
the responsive documents produced herewith represent only those in the possession, custody, or
control of the Responding Entity.
Please note that Capital One has a 7-year retention policy; account records older than 7 years may
no longer be available in our systems of record; account statements prior to September 2007 are no
longer in retention.
For this account opened online, no application, signature card or identification used to open the
account were located. Also, no IP history was found for the account closed in 2013.
Please also note that it is not possible for Capital One or any of its employees to represent that any
document production contains "all documents" for any specific customer and/or account. Based
upon our interpretation of your request, however, we believe the enclosed documents fully satisfy
your request. Capital One shall assume that this response constitutes a full and complete response
requiring no further action by Capital One in response to the Subpoena unless you should advise it
To the extent that the above-listed Subpoenaed Entity does not match the above-listed Responding Entity
("Capital One'9, Capital One objects to the Subpoena on the grounds that the Subpoena is directed to an
incorrect legal entity, as the Subpoenaed Entity does not exist, is not a legal entity, or is not the correct
entity to which the Subpoena should be directed. Information regarding Capital One entities is publicly
available from Capital One's website (www.capitalone.com) and other public sources. These companies are
separate and distinct legal entities, and subpoenas and other legal requests must be served separately
upon the correct entity in full compliance with applicable law in order to permit a response. Capital One
also objects to the Subpoena to the extent that (1) the method of service of the Subpoena is not
specifically authorized by applicable law; (2) the Subpoena has not been issued in full compliance with all
applicable law; (3) the Subpoena requests privileged or confidential information; (4) the full scope of the
information requested by the Subpoena is not relevant or reasonably calculated to lead to the discovery of
admissible evidence; (5) the Subpoena fails to provide sufficient information to uniquely identify some or
all of the individuals and/or entities about which information is sought; and/or (6) compliance with the
Subpoena would pose an undue burden and expense upon Capital One. Capital One further reserves its
right to assert any additional objection to the Subpoena.
SONY_GM_00006127
EFTA_00I20I86
EFTA01266023

CaPij 75000 Capital One Drive
Richmond, VA 23238-1719
subpoena@capitalone.com
in writing otherwise within ten days of this letter. If you have any questions, please contact us at
subpoenana
Sincerely,
Subpoena Fulfillment Team
SDNY_GM_00006128
EFTA 00120187
EFTA01266024

DECLARATION OF QUALIFIED PERSON
CERTIFYING THE AUTHENTICITY OF DOMESTIC BUSINESS
RECORDS AND/OR INFORMATION REFLECTED IN SYSTEMS OF
RECORD PURSUANT TO FEDERAL RULES OF EVIDENCE 803(6) & 902(11
I, the below-signed Declarant, declare under penalty of perjury and pursuant to 28 U.S.C. § 1746
that the information contained in this declaration is true and correct. I am employed by Capital One
Services, LLC, and in this position I have personal knowledge of the business records and systems of
record of and am a qualified person authorized to declare and certify on behalf of Capital One, N.A.
("Capital One") the following in accordance with Federal Rules of Evidence 803(6) and 902(11):
I. This Declaration is made in conjunction with Capi ' se to the Grand Jury
subpoena issued by AUSA a in the matter of In re dated October 7, 2019
("Subpoena").
2. The documents and/or information attached hereto represent such documents and/or
information responsive to any reasonable request of the Subpoena as returned from a reasonably diligent
search of Capital One's systems of record and are true and accurate duplicates of the original business
records maintained by Capital One and/or true and accurate representations of the information reflected in
Capital One's systems of record.
3. In accordance with Federal Rule of Evidence 902(11), I certify that the documents and/or
information reflected in Capital One's systems of record attached hereto:
(A) were made and/or entered in Capital One's systems of record at or near the time of the
occurrence of the matters set forth by, or from information transmitted by, a person with
knowledge of those matters;
(B) were kept and/or entered in its systems of record in the course of the regularly conducted
business activity of Capital One; and
(C) were made and/or entered in its systems of record by Capital One as a regular practice
during its regularly conducted business activity.
4. Capital One is providing the records and/or information attached hereto to the requested
agent of the United States Government, as directed by the Subpoena, to take custody of and present the
documents and/or information to the Grand Jury in lieu of an actual appearance by Capital One before the
Grand Jury. Capital One understands that this is voluntary on Capital One's part and that Capital One may
appear before the Grand Jury with expenses paid, as provided by the applicable U.S. statutes.
1 declare under penalty of perjury and pursuant to 28 U.S.C. § 1746 that the foregoing information
contained in this declaration is true and correct. Executed as of the below date.
to-as-it?
Date ofD eclaration
Prim
For Capital One Use Onty
File #: 2019030401
SDNY_GM_00006129
EFTA 00120188
EFTA01266025