IN THE CIRCUIT COURT FOR ROCKINGHAM COUNTY 26TH JUDICIAL CIRCUIT VIRGINIA CHRISTOPHER MOORE Plaintiff, Civil Action No: SHERIFF DONALD L. SMITH, in his individual capacity, and FELIX CHUJOY, JURY TRIAL DEMANDED Defendants. MPLAINT COMES NOW Phintiff Christopher Moore and files this Complaint against Defendants Sheriff Donald L. Smith and Felix Chujoy for trespass to chattels. In support thereof, Plaintiff states: INTRODUCTION ‘Augusta County Sheriff Donald L. Smith is in the middle of a re-election campaign and has been accused of supposting and being associated with alleged human trafficker Felix Chujoy. In an effort to be “transparent” — or, more realistically, to protect his shot at prevailing in the re-election, Defendant Smith responded to a video about the allegations with an omission-ridden post on his official August County Sheriffs Office Facebook page, acknowledging that he knew Defendant Felix Chujoy but neglecting to mention that he andDefendant Chujoy spoke more than nine times between May 2015 and June 2015 while Chujoy was incarcerated — notably, the months in which Defendant Smith was being interviewed by the Department of Homeland Security in reference to the allegations against Defendant Chujoy. What Defendant Smith also failed to mention, both to followers of his Facebook page and Homeland Security Private Investigators, is that throughout Defendant Chujoy’s incarceration and particularly between May and June 2015, Defendant Chujoy placed the calls to Defendant Smith through the use of inmate PIN numbers that Defendant Chujoy had no authorization to use, including Plaintiff Christopher Moore’s PIN number. Defendant Smith answered phone calls that identified an inmate other than Defendant Chujoy, such as Plaintiff Christopher Moore, knowing that it was, in fact, Defendant Chujoy on the line and not the person whose name was pronounced. Defendants Chujoy and Smith worked in concett to speak through these stolen PIN numbers in order to avoid detection of their calls by law enforcement, knowing that telephone calls are recorded and logged by an inmate’s PIN number. This action seeks to hold Defendants Smith and Chujoy responsible for knowingly and illegally intesfesing with Plaintiff Chistopher Moore’s personal property without authorization, and for depleting the value of Plaintiff Christopher Moore’s property by using the funds he allocated for his own personal phone calls. VENUE AND JURISDICTION 1. Venue is proper pursuant to § 8.01-262(4) of the Code of Virginia.r Jurisdiction is proper pursuant to § 17.1-513, seg, and § 8.01-328.1, ef eg., of the Code of Virginia, PARTIES 3. Plaintiff Christopher Moore, at all times relevant to this Complaint, was an inmate at Rockingham County Jail in Rockingham County, Commonwealth of Virginia. 4 Defendant Felix Chujoy, at all times relevant to this Complaint, was an inmate at Rockingham County Jail in Rockingham County, Commonwealth of Virginia, 5. Defendant Donald L. Smith, at all times relevant to this Complaint, was the Sheriff of ‘Augusta County, Commonwealth of Virginia and a friend of Defendant Felix Chujoy, operating in his individual capacity. STATEMENT OF FACTS I, Telephone calls collected from Rockingham County Jail reveal that Defendants Smith and Chujoy spoke often while Defendant Chujoy was incarcerated. 6. Felix Chujoy was incarcerated at Rockingham County Jail from March 2015 to June 2015. See Aff. of Special Agent Tami Ketcham, Ex. 1, 13.7 Tn August 2015, the Department of Homeland Security, Homeland Security Tavestigations, requested copies of any recorded telephone calls from the Rockingham County Jail placed to the telephone numbers of certain government witnesses in Defendant ‘Chujoy’s human trafficking case, ‘United States of America v. Maria Rosalba Alvardo- MeTague, No. 5:14-cr-00055 in the Western District of Virginia, See Aff. of Special Agent ‘Tami Ketcham, Ex. 1, 14. & Defendant Smith was considered a government witness in Defendant Chujoy’s human trafficking case, United States of America v, Maria Rosalba Alvatdo-MeTague, No. 5:14-ct- 00055 in the Western District of Virginia. 9. The Rockingham County Jail provided copies of eleven recorded telephone calls to the Department of Homeland Security, nine of which are between Defendants Smith and Chujoy. See Aff of Special Agent Tami Ketcham, Ex. 1, 14 10. “The nine recorded telephone calls between Defendants Smith and Chujoy took place between May to June 2015. See AFE. of Special Agent Tami Ketcham, Ex. 1, 914 11, Defendant Smith, however, told investigators on Chujoy’s case that he received one telephone call from Chujoy in March 2015 (right after Defendant Chujoy was incarcerated) about picking up his mail. See Aff. of Special Agent Tami Ketcham, Bx. 1, 116.12. Defendant Smith did not reveal any other telephone calls with Defendant Chujoy at either of his interviews with the investigator’s on Defendant Chujoy’s case ~ which tool place in May 2015 and June 2015, the same months as the Defendants? nine phone calls. See Aff. of Special Agent Tami Ketcham, Ex. 1, 416 13. More than not revealing that Defendant Smith was in communication with Defendant Chujoy often while Chujoy was incarcerated, Defendant Smith also did not reveal that he knowingly accepted calls from Defendant Chujoy that came from other inmates” identifying PIN numbers. 14. Indeed, from May 2015 to June 2015, when Defendants Smith and Chujoy spoke to each other, the calls were made by Defendant Chujoy from Rockingham County Jail through other inmates* personal PIN numbers. Il, How receiving a call from an inmate at Rockingham County Jail typically works, 15, First, when an inmate places a call, a secorded voice says, “this call will be recorded and subject to monitoring at any time. Please enter your personal LD number followed by the pound sign. 16. Next, the inmate enters their personal ID number.17. A recorded voice then says, “for collect call press 1. The current balance on your account is 18. A recorded voice then says, “press 1 to place a call to anyone in the U.S.” 19. When the inmate presses 1, a recorded voice then says, “enter the ten-digit number you wish to call follow by the pound sign.” 20. When the person on the other line picks up the call, the recorded voice says, “Hello, this is a prepaid call from [inmate's name], an inmate at Rockingham County Jail.,.To accept this call, press 3 now.” 21. Once the recipient of the call presses 3 to accept, the recorded voice again says, “this call will be recorded and is subject to monitoring at any time.” Then, “you may begin speaking now. II. On June 5, 2015, the phone call between Defendants Smith and Chujoy on took place using Plaintiff Christopher Moore’s inmate PIN number without Mr, Moore’s authorization. 22, On June 5, 2015, when Defendant Chujoy went to make a phone call to Defendant Smith from Rockingham County Jail and was asked by the recorded voice to “please enter {Chujoy’s] personal ID number followed by the pound sign,” Defendant Chujoy knowinglyentered the PIN number belonging to an inmate named Christopher Moore instead of his own PIN number. Ex. 2, June 8, 2015 Audio Recording, 23. ‘At no time ever did Plaintiff Christopher Moore share his PIN number with Defendant Chujoy. 24. At no time ever did Plaintiff Christopher Moore authorize Defendant Chujoy to use Plaintiff Christopher Moore’s PIN number. 25. At no time did Plaintiff Christopher Moore tell Defendant Chujoy that he consented of authorized Defendant Chujoy to use his PIN number to call Defendant Smith on June 5, 2015. 26. ‘At no time ever did Plaintiff Cheistopher Moore tell Defendant Chujoy that he consented or authorized Defendant Chujoy to use his PIN number to call Defendant Smith, ever. 27. Atno time ever did Plaintiff Christopher Moore tell Defendant Chujoy that he consented of authorized Defendant Chujoy to use his PIN number to call anyone, ever.28. When Defendant Chujoy called Defendant Smith on June 5, 2015, he was alerted to the remaining balance on Plaintiff Christopher Moore's account when the recorded voice said, “the current balance on yout account is ...” Ex. 2, June 5, 2015 Audio Recording. 29. ‘When Defendant Chujoy called Defendant Smith on June 5, 2015, Defendant Chujoy was awate that Plaintiff Christopher Moore’s funds were being allocated towards Defendants Smith and Chujoy’s phone conversation without Plaintiff Christopher Moote’s authosization. Ex. 2, June 5, 2015 Audio Recording, 30. When Defendant Chujoy called Defendant Smith on June 5, 2015, Defendant Smith was awate that Plaintiff Christopher Moore's funds were being allocated towards Defendants Smith and Chujoy’s phone conversation without Plaintiff Christopher Moore’s authorization. 31 At no time ever did Plaintiff Christopher Moore tell Defendant Smith or Defendant Chujoy that he consented or authorized Defendants Smith and Chujoy to use Plaintiff Christopher Moore's funds to make phone calls, ae On June 5, 2015, when Defendant Smith answered the call from Defendant Chujoy, the recorded voice said, “hello, this is a prepaid call from Christopher Moore, an inmate atRockingham County Jail...To accept this call, press 3 now,” Defendant Smith pressed 3 and accepted the call. Ex. 2, June 5, 2015 Audio Recording. 33. Oa June 5, 2015, when Defendant Smith pressed 3 to answer the phone call that identified “a prepaid call from Christopher Moore,” Defendant Smith knew that it was not Plaintiff Christopher Moore on the line. 34. On June 5, 2015, when Defendant Smith pressed 3 to answer the phone call that identified “a prepaid call from Christopher Moore,” Defendant Smith knew that it was Defendant Chujoy on the other line, calling through another inmate’s PIN number. 36. Defendant Smith never spoke to inmate Plaintiff Christopher Moore on June 5, 2015. 36. In fact, Defendant Smith never spoke to Plaintiff Christopher Moore while Plaintiff Christopher Moore was incarcerated at Rockingham County jail, which was from April 21, 2015 to July 21, 2015. 37 Upon information and belief, Defendant Smith never spoke on the phone with any inmates other than Defendant Chujoy in Rockingham County Jail from May to June 2015.IV. Defendants Smith and Chujoy spoke through other inmate PIN numbers often. 38, June 5, 2015 is not the only instance in which Defendants Smith and Chujoy spoke to each other through another inmate’s PIN number without authorization, including Plaintiff Christopher Moore’s. 39. June 5, 2015 is not the only instance in which Defendant Chujoy placed calls to Defendant Smith through another inmate’s PIN number without that inmate’s authorization. 40. June 5, 2015 is not the only instance in which Defendant Smith answered a call that was made through another inmate's PIN number, knowing that it was Defendant Chujoy on. the line, not Plaintiff Christopher Moore or any other inmate's name that was announced to Defendant Smith by the recorded voice connected to the PIN number entered by Defendant Chujoy. 41 June 5, 2015 is not the only instance in which Defendant Smith answered a call that was made by Defendant Chujoy through another inmate’s PIN number, knowing that that inmate had not provided Defendant Chujoy authorization to make the call with their personal PIN number. 1042, From at least May 2015 to June 2015, all nine calls made by Defendant Chujoy to Defendant Smith were made through another inmate’s PIN number without that inmate’s authorization rather than Defendant Chujoy’s own PIN number. 4. Additional dates that Defendants Smith and Chujoy spoke through other inmate PIN numbers include, but are not limited to, May 10, 2015; May 29, 2015; June 2, 2015; June 5, 2015; June 8, 2015; June 13, 2015; June 14, 2015; June 16, 2015; and June 20, 2015. 44, ‘Additional dates that Defendants Smith and Chujoy spoke through other inmate PIN numbers that Defendants Smith and Chujoy were not given authorization to use include, but are not limited to, May 10, 2015; May 29, 2015; June 2, 2015; June 5, 2015; June 8, 2015; June 13, 2015; June 14, 2015; June 16, 2015; and June 20, 2015. 45. Defendant Chujoy admits that he placed calls through other inmates’ PIN sumbers while incarcerated at Rockingham County Jail 46. Defendant Chujoy admits that he placed calls through other inmates’ PIN numbers while incarcerated at Rockingham County Jail because he was aware that he was being monitored and because Defendant Smith was running for election to Sherriff. uw4. Upon information and belief, Defendant Smith encouraged and worked in concert with Defendant Chujoy to engage in using stolen inmate PIN numbers to host their conversations. COUNT I TRESPASS TO CHATTELS IN VIOLATION OF VIRGINIA COMMON LAW (against Defendant Smith in bis individual capacity and Defendant Chiyjay) 48. ‘The foregoing paragraphs 1 to 47 are incosporated by reference as though included herein. 49. The Virginia Commonwealth acknowledges trespass to chattels as a viable cause of action with a five-year statute of limitations. 50. Based on the facts and assertions incorporated into this Count, the phone calls between Defendants Smith and Chujoy using inmates’ PIN numbers without authorization took place in 2015; accosdingly, this action is timely. 51. Under Virginia law, trespass to chattels “occurs when one person has illegally seized the personal property of another and converted it to his own use.” 252. Based on the facts and assertions incorporated into this Count, Plaintiff Christopher Moore had the right to possess his inmate PIN number for his personal use, and his personal use only. 53. Based on the facts and assertions incorporated into this Count, Defendants Smith, and Chujoy intentionally used the personal property in rightful possession of Plaintiff Christopher Moore without Christopher Moore's authorization. 54. Based on the facts and assertions incorporated into this Count, Defendants Smith and Chujoy knowingly, wrongfully, and illegally interfered with Plaintiff Christopher Moore’s personal property by converting it to their own use. 55. Based on the facts and assertions incorporated into this Count, Defendants Smith and Chujoy deprived Plaintiff Christopher Moore of his personal property. 56. Based on the facts and assertions incorporated into this Count, Defendants Smith and Chujoy directly and proximately caused damages to Plaintiff Christopher Moore by reducing the funds in Plaintiff Christopher Moore’s account each time Defendants Chujoy and Smith used Plaintiff Christopher Moore’s account, without his permission, to make a phone call, 1357, Based on the facts and assertions incorpotated into this Count, Plaintiff Christopher Moore is entitled to damages for the harm caused by Defendants Smith and Chujoy’s use of Plaintiff Christopher Moore’s personal property without Plaintiff Christopher Moore’s authorization. COUNT II CIVIL CONSPIRACY TO INTERFERE WITH PLAINTIFF'S PROPERTY RIGHTS THROUGH TRESPASS TO CHATTELS AND THEFT IN VIOLATION OF VIRGINIA COMMON LAW (against Defendant Smith in bis individual eapacty and Defendant Chuyjey) 58. ‘The foregoing paragraphs 1 to 47 are incorporated by reference as though included herein. 39, ‘The elements necessary to establish the existence of civil conspiracy ate: (1) that two ot mote persons engaged in concerted action; (2) to accomplish some criminal or unlawful purpose, ot some lawful purpose by some criminal and unlawful means; and (3) that actual damages cesulted from something done by one or mote of the conspirators in furtherance of the object of the conspiracy. See Blackwelder v. Millman, 522 F.2d 766 (4th Cir. 1968). 60. Based on the facts and assertions incorpotated into this Count, Defendants Smith, and Chujoy have met every clement necessaty to establish the existence of civil conspitacy. 461 Based on the facts and assertions incorporated into this Count, Defendants Smith and Chujoy knowingly, wtongfully, and illegally conspired to interfere with Plaintiff Christopher Moore’s personal property. 62, Based on the facts and assertions incorporated into this Count, Defendants Smith and Chujoy conspired to commit trespass to chattels and theft by using Plaintiff Christopher Moote’s (and other inmates’) personal property (PIN numbers) without authorization. 63. Based on the facts and assertions incorporated into this Count, Defendants Smith and Chujoy engaged in a conspiracy with one another to commit trespass to chattels and theft by using Plaintiff Christopher Moore's (and other inmates’) personal property (PIN numbers) without authorization in order to avoid detection of theie calls by law enforcement officers. 64. Based on the facts and assertions incorporated into this Count, Defendants Smith, and Chujoy conspired to directly and proximately cause damages to Plaintiff Christopher Moote through their use of Plaintiff Christopher Moore's personal property, without permission, to make phone calls, resulting in a reduction of Plaintiff Christopher Moore’s personal funds available to him. 1565. Based on the facts and assertions incorporated into this Count, Plaintiff Christopher ‘Moore is entitled to damages for the harm caused by Defendants Smith and Chujoy’s use of Plaintiff Christopher Moore’s personal property without Plaintiff Christopher Moore’s authorization, PRAYER FOR RELIEF WHEREFORE, Plaintiff Christopher Moore requests that this Court: a) Grant Plaintiff Christopher Moore judgment against Defendants Smith and Chujoy for all counts stated herein in an amount sufficient to compensate for actual damages; b) Cast all costs of this action against Defendants; ©) Grant Plaintiff a trial by jury as to all issues raised in this Complaint; d) Grant Plaintiff such other and further relief as this Court deems just. Respectfully submitted this 18th day of September, Les Williams (VSB #91955) NDH LLC 44 Broad Street, NW, Suite 200 Atlanta, Georgia 30303 404-254-0442/703-935-2453 FAX, mvilliams@ndh-law.com Counsel for Plaintiff 16Exhibit 1INTHE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION UNITED STATES OF AMERICA v. Court No, 5:14-cr-00055 MARIA ROSALBA ALVARADO-MCTAGUE, etal. AFEIDAVIT OF SPECIAL AGENT TAMIL KETCHAM Thereby swear end affirm as follows: 1, Tam @ Special Agent with the Department of Homeland Security, Homeland Security Investigations. Iam one of the lead agents for the above-captioned case and have been heavily involved in the investigation of this case. 2. On December 12, 2014, law enforcement executed search warrants at the home of Maria Rosalba Alvarado (“Alvarado”) and Felix Chujoy (“F. Chujoy”), located at 469 Eastover Drive; at Alvarado’s rental home at 452 Cardinal Drive; and at the restaurant, Inca’s Seoret, all in Harrisonburg, Virginia, 3. After the indictment of Alvarado and F. Chujoy in December 2014, law enforcement and a federal grand jury continued to investigate the defendants for labor trafficking and other charges. 4. On March 18, 2015, law enforcement executed search warrants at the home of Alvarado at 469 Eastover Drive and at the apartment of Gladys Chujoy (“G. Chujoy”) located at 1014 Blue Ridge Drive, both in Harrisonburg, Virginia. 1 Case 5:14-cy-00055-MFU _Document 282-1. led1U23/15 Page Lof6 Pe tt: CABS ES SISSRMT, wegen ET hee TT BSS. Peake as Uno Bastian S385. After in iment of Alvarado, P, Chujoy, and G, Chujoy by a federal grand jury in March 2015, law enforcement continued to investigate the three individuals, as well as prepare for trial in the above-captioned case, including interviewing various witnesses, 6. Based on prior witness statements and cellphone records, law enforcement involved in this case believe that Alvarado and F. Chujoy tampered with witnesses, in part, by borrowing the telephones and cellphones of their friends and communicating with the witnesses, in this manner to hide their communications from law enforcement. Agents have interviewed individuals closely associated with the defendants, whose cellphone numbers appear in the call detail records of government witnesses, such as Donald Smith, Carolyn Edlind, Yuri Jung, and Michael (“Mike”) Kwiatkowski 7. In particular, on May 21, 2015, after prior attempts to do so, Special Agent ‘Anthony Woodard and I interviewed Carolyn Edlind and, at the conclusion of the interview, served her with a subpoena to testify at ‘tial in the above-captioned case. Among other statements, in her interview, Edlind stated that Alvarado’s accountant was bad but did not mention that she heard this information from Alvarado and F. Chujoy after their December 2014 arrest, or that she had discussed this information with any other witnesses. During the interview, we also extensively questioned Edlind about her knowledge of Inca’s Secret and its former employees. Edlind mentioned that she would provide minimal help at the restaurant on occasion. During the interview, Edlind stated that she never discussed immigration issues with Alvarado or others, except a conversation with Alvarado when the restaurant opened in 2007 where Alvarado acknowledged that the legal status of the workers. 8. On May 27, 2015, Special Agent David Liv and I interviewed Deputy Donald ‘Smith, who is a swomn Deputy Sheriff with Augusta County and was recently elected sheriff, On Case 5114-0 case 8:15: Q0086 MFU Document 28-1 Filed 11/2915 Page 2 of 6, Pageid: GOSS MEU. Docuimeit 324 Fed Lilgsiis. Page s4 of 40 Wagelah 289June 10, 2015, Special Agent Woodard and I served Deputy Smith with a subpoena to testify at trial in matter and asked him additional questions. 9. I have subpoenaed Deputy Smith to testify at the June 22, 2015, October 26, 2015, and December 1, 2015 trials. My understanding from Deputy Smith is that he has not been subpoenaed by any other party, 10. During the interviews with Edlind and Smith (and other witnesses), another agent ‘or I took handwritten notes during and/or after the interviews. 11, -Priok to the June 2015 tial dete; Veontact both Ealind and Smith and asked if they would meet with Assistant United States Attomey Heather Carlton so that she could help prepare them for trial in this matter. Both individuals refused at the United States Attorney's Office. 12. During the investigation in this case, I interviewed Leonel Fuentes, who is the accountant for Alvarado and/or Inca’s Secret. I have also served a subpoena for records on Mr. Fuentes and have obtained files from him. 13. On August 25, 2015, at the invitation of his counsel and in the presence of his counsel, AUSA Carlton and I interviewed an individual incarcerated at the Rockingham County Jail, During the interview, the inmate indicated that the inmate and others had loaned P. Chujoy their PIN numbers, so that F, Chujoy could place telephone calls from the jail under their names when he was incarcerated there from March to June 2015. From prior investigations and other sources, I understand that inmates will loan each other their PIN numbers in order to avoid detection of those calls by law enforcement, knowing that telephone calls are recorded and logged by an inmate’s PIN number. 4, Based on this information, I requested from the Rockingham County Jail copies of any recorded telephone calls placed to the telephone numbers of certain goverament witnesses 3 Case 5:14-c1-00055-MFU Document 2: 82-1, Filed 11/29/15 Page 3 of : case 6:15-c1-00025-MFU Document 32-1 Filed sae ab ora Pagelah 25 Filed 11/23/15 Page 35 of 40 Pageid#t: 230in the above-captioned case, In response, the Rockingham County Jail provided copies of eleven recorded telephone calls a several days later. I have reviewed each of those telephone calls on multiple occasions. “ OF those leven ‘calls, nine calls are copies of recorded telephone conversations between F: Chujoy and Deputy Smith that occurred from May to'June 2015, as~ follows: a. iva’call dated May 10; 2015, Smith agteed to pay bills for F. Chujoy.F) Chujoy asked if Smith had received a letter from him and asked for his advice based on what was contained in the letter The advige appéais to Be velated to F, Chujoy’s criminal case, bb, Ina call dated May/29;:2015; Sinith told F."Chujoy that “they came after me this Wek" OF. Chujoy asked what was said during the interview. Smith relayed somie of the content of his interview with fedeial agents to F. Chijoy."/F) Chujoy states that he will waite Smith; but or Smith Hott lle Fe Chujoy.» c. Inacall dated June 2, 2015, F. Chujoy asked Smith to contact a witness and have the witness come by the jail to see him this weekend. F. Chujoy tells Smith that Mike is the reason federal agents called Smith and that he wanted Smith to know, F. Chujoy told Smith to contact Mike if Smith wanted to know more. d, nv a/Gall dated Juine'5) 2015, F, (Chujoy asked if Smith received his letter, which Sinith’GonfinMed that he’ hd!” Smith indicated that he did not get the letter about Mike. «Smith asked if he weeded to go talk to Mike? F. Chujoy told Smith to see Mike after he received F. Chujoy’s letter and after Smith spoke to F. Chujoy’s “aunt,” because P. Chujoy put more details into his letter to his aunt. F, Chujoy stated that Mike has the wrong information and that Mike did not understand when F. Chujoy was joking. F. Chujoy wanted Smith to clarify this with Mike. Smith stated that he had not heard from Mike, Christina, or Yuri. Smith told F. Chujoy 4 Case 5:14-cr-00055-MFU Document 282-1 Filed 11/23/15 Page 4 of 6 Pageidé: 1895 Case 5:15-cr-00029-MFU Document 32-1 Filed 11/23/15 Page 36 of 40 Pageidit: 231that the federal agents hed asked him about “all of that stuff and he said he did not have a clue.” F, Chujoy was surprised Smith talked to federal agents because Smith had told him he was not goiiig (6 falk'to them. ‘Smith'said lhe did ‘not fel them aniythingand that he’did hot say certaiv this. Smith relayed to F. Chujoy that he had checked on G. Chujoy at his request. F. Chujoy asked Smith to “clarify” with Mike or get him to “come into town.” e, Ina call dated June 8, 2015, F. Chujoy wanted to know if Smith had spoken to O. Chujoy and “what she was telling him.” F. Chujoy asked Smith to seach out to Yuri. F. Chujoy asked if he had heard from anyone else, £, In'a call dated June 13; 2015, FChijoy asked if Sinith bad received ‘his letter, Smith told F, Chujoy he had been subpoenaed to conte fo court?» Smith stated that they wanted to know who at Christmas time was using his cellphone, and Smith said he did not know. Smith said they wanted to know if he speaks Spanish and who used his cellphone, g. «Inva’call'dated June'14; 2015; Smith stated that he had not received a letter from F. Chujoy yet. F. Chujoy stated that, in addition to the letter, the wants Smith to remember that F. Chujoy ied to text ad all eveiyouie Brom everyone's cellphone because he had a crappy phone and could barely hear. Smith told F, Chujoy that he had already said they took his cellphone. F. Chujoy stated that it was hard to text on that cellphone. fh, Ina call dated June 16, 2015, F, Chujoy asked Smith if he had received the letter. i, Ina call dated June 20, 2015, F. Chujoy asked Smith if he had received the letter. 15. One call is a recorded telephone call between Defendant F, Chujoy and Yuri Jung. Jung is a friend of F. Chujoy and has been repeatedly subpoenaed by the United States to testify at trial in the above-captioned case. 5 Case 5:14-cr-0005-MFU Document 282-1 Filed 11/23/15 Page 5 of 6 Pageid#: 1896 case $:15-c1-00029-MFU Document 32-1 Filed 11/23/18 Page 37 of 40 Pageldi. 23216. Bdlind did not mention any jail calls with F. Chujoy or letters to/from F. Chujoy. during my interview with her in May 2015. Sinith’stated that he veoeived one telephone call none F-? Chujoy’ in? Mrareh: 2005 about picking ip” his “mnaily bul aid siOt mention aA other ‘elephone Galls oF ay jai Vetiews Lorton FChujOy AU eiThEY OF His nteNViOws in May’ dnd Tine 2013: 17. In September 2015, I served both Smith and Edlind with subpoenas to testify before « federal grand jury about potential witness tamperi 1s by F. Chujoy. 18. On October 6, 2015, Smith and Ealind testified before a federal grand jury. 19, On October 20, 2015, I testified before the same federal grand jury as Edlind and Smith on Getober 6, | testified regarding jail calls, text messages, recorded conversations, and other physical evidence obtained before and during the grand jury investigation into potential witness tampering by F. Chujoy. | allirm that the above statements are true, Onn M——, ber _sa We peor Specid! Agent Tami Ketcham: Date 6 Case 5:14-cr-00055-MFU Document 282-1 Filed 11/28/15 Page 6 of 6 Pageidi: 1897 Case 5:15-cr-00029-MFU Document 32-1 Filed 11/23/15 Page 38 of 40 Pageidi#: 233Exhibit 2 June 5, 2015 Audio Recording (CD-ROM)