u.s.

Department of Jnstice

Criminal Division

Washington, D.C 20530

March 13,2010

Mr. Robert Driscoll

Alston & Bird LLP
950 F Street, NW
Washington, DC 20004-1404

Re: Maricopa County, Arizona

Dear Mr. Driscoll:

I am writing to insure that the record is clear regarding your request to provide
information to the Public Integrity Section regarding allegations of public corrption in
Maricopa County, Arizona. When we spoke briefly on March 1,2010, you indicated that your
client had information regarding potential federal criminal violations by public offcials in
Maricopa County, and that you would like to provide that information to the Public Integrity
Section. I indicated that we are always willing to receive infonnation about potential federal
criminal violations, and that you should provide your information in writing. i also indicated
that we would not interfere in any way with the ongoing investigation being conducted by the
United States Attorney's Offce, and that we would, accordingly, share any information that you
provided with that Offce. You agreed to provide your information in writing, and to copy the
United States Attorney on your correspondence.

As I am sure you know, the Department of Justice receives information every day about
alleged violations of federal law in many forms from a wide variety of sources, including prison
inmates, citizens, attorneys, and organizations. We do not refuse such information when offered,
but our receipt of such information does not indicate that we have initiated an investigation or
that we have agreed to take any action. Upon reviewing the information, we often determine that
no action is waranted. In some instances, we refer the information to an investigative agency,
such as the FBI, or to another federal prosecuting offce tòr their consideration. In many
instances, we determine that the matter properly should be, or is already being, handled by state
or local prosecuting authorities.

Based upon our conversation on March 1, it was my expectation that you would provide
a written surmary of the alleged federal criminal violations so that we could, in consultation
with the United States Attorney, determine how the information should best be handled, and by
whom. You did not indicate, nor did I expect, that you would provide virtually the entire file
from the Maricopa County Sheriff s Office, consisting of thousands of pages of documents and
electronic media. That production was not called for, and we do not intend to review the entire
fie from the Sheriffs Offce. In fact, I now understand that some of the matter that you intend
to refer to this offce have been assigned to a new County prosecutor, Ms. Daisy Flores, who is
the elected Gila County Attorney, and that as of March 4, 2010, Ms. Flores has her review ofthe
matters underway. We do not intend to interfere with Ms. Flores' review, nor any other ongoing
investigations.

In these circumstances, I was dismayed to lear that your mere referral of information to
the Public Integrity Section was cited and relied upon in a pleading in federal court, and then
used as a platform for a press conference.

Let me reiterate what I believe I conveyed to you on March 1. If you have information
regarding potential federal criminal violations by any public offcials, you are welcome to
provide that information to the Public Integrity Section. You should provide your information in
writing, in the form of a summary. We wil share that information with the United States
Attorney's Office, and determine whether any further action is warranted.

Please let me know if you have any questions regarding this matter.

Sincerely,

/.~_.~_.
/ )

¿/-'Raymond N. Hulser
Acting Chief
Public Integrity Section