US. Department of Justice Michael K. Loucks Acting United States Attorney District of Massachusetts Main Reception (617) 7483100 John Joseph Meakley Unted Sates Courthouse Courthouse Way ‘ute 9200 ‘Bouton, assachwsets 02210 October 29, 2009 Howard B. Brownstein, Esq, Brownstein, Booth & Associates 512- 42nd Street Union City, NJ 07087 Re: Actimarket Financial Services Corporation, ‘Actimarket Sociedad De Corretaje De Valores, and Simon Tache Dear Counsel: This letter pertains to your clients, Actimarket Financial Services Corporation, Actimarket Sociedad De Corretaje De Valores, S.. ind Simon Tache, individually, and in his capacity as an officer and employee of both of these corporations, and an ongoing investigation by the United States Attorney's Office for the District of Massachusetts and the Asset Forfeiture and Money Laundering Section of the Criminal Division of the U.S. Department of Justice (collectively, "the Government”) of, among other offenses, money laundering, in violation of 18 U.S.C. §§ 1956 and 1957, and operation of unlicensed money transmitting businesses, in violation of 18 U.S.C. § 1960 ("Section 1960"), and involving, among other things, certain "Rosemont" Accounts, including Bank of America Account Number 898012027681, formerly held in the name of Rosemont O Corporation d/b/a Actimarket Financial Corporation, and Bank ‘of America Account Number 898012027694, formerly held in the name of Rosemont O Corporation, d/b/a Actimarket Sociedad De Corretaje De Valores. ‘The Government has informed your clients, through you, of its concems regardit compliance with Section 1960, which defines and prohibits unlicensed "money transmitting." In particular, the Government has informed your clients that all activity constituting "money transmitting," including all such activity from or through United States bank accounts, must be ‘conducted only by businesses that have valid state licenses and are duly registered with the Financial Crimes Enforcement Network ("FinCEN"). The Government has also informed your clients that on or about May 12, 2009, FinCEN published proposed regulations that reaffirm the broad scope and application of Section 1960 to such activity. Based on the information currently actually known to it, and assuming the truth of information provided to it by your clients, directly and through you, and also assuming the truthHoward B. Brownstein, Esq, October 29, 2009 Page 2 of your representations, the Govemment presently does not consider your clients "targets" of its investigation as that term is defined in Section 9-11.15! of the United States Attorney’s Manual. The Government is not hereby in any way limiting its rights to take any appropriate action, including action against your clients, based upon future developments, which may include, without limitation, the Government’s obtaining pertinent new information that the Government believes corroborates or substantiates information currently known to the Government, or the Government's determining that any of the information previously provided to it, or any representation made to it, by or on behalf of your clients was false or intentionally misleading, ‘The statements made in this letter pertain only to the U.S. Attorney's Office for the District of Massachusetts and the Asset Forfeiture and Money Laundering Section of the Criminal Division of the U.S. Department of Justice, and do not concer any other Section or Division of the U.S. Department of Justice, or any other federal, state or local prosecutive authority.Howard B, Brownstein, Esq. October 29, 2009 Page 3 Please sign the acknowledgment below, and return the original signed copy of the acknowledgment page to Assistant U.S, Attomey Richard L. Hoffman at the address set forth below. By: By: MICHAEL K. LOUCKS Acyipg, Neil J. Gallagher, Jr. Richard L. Hoffman Assistant U.S. Attomeys John Joseph Moakley United States Courthouse 1 Courthouse Way Suite 9200 Boston, Massachusetts 02210 RICHARD WEBER Chief Asset Forfeiture and Money Laundering Section hee Art (age Scott Paccagnini Trial Attorney Asset Forfeiture and Money Laundering Section USS, Department of Justice 1400 New York Avenue, NW Washington, DC 20005Howard B, Brownstein, Esq October 29, 2009 Page 3 Please sign the acknowledgment below, and retarn the original signed copy of the acknowledgment page to Assistant U.S. Attomey Richard L. Hoffinan at the address set forth below. By: By: MICHAEL K. LOUCKS Acting US. Attomey Neil J. Gallagher, Jt Richard L, Hoffman Assistant US. Attomieys John Joseph Moakley United States Courthouse | Courthouse Way Suite 9200 Boston, Massachusetts 02210 RICHARD WEBER, Chief Fe nd Money Laundering Section Scott Paccagnini Trial Attomey Asset Forfeiture and Money Laundering Section US. Department of Justice 1400 New York Avenue, NW Washington, DC 20005Howard B. Brownstein, Esq. October 29, 2009 Page 4 ACKNOWLEDGMENT OF RECEIPT: Without admitting any violations of applicable law, Actimarket Financial Services Corporation, Actimarket Sociedad De Corretaje De Valores, S.A., and Simon Tache, through their undersigned counsel, hereby acknowledge receipt of the foregoing letter. ACTIMARKET FINANCIAL SERVICES CORPORATION, ACTIMARKET SOCIEDAD DE CORRETAJE DE VALORES, S.A. and SIMON TACHE, Individually, and as Officer and Employee, ward B. Brownstein, Esq. Brownstein, Booth & Associates $12 - 42nd Street Union City, NJ 07087