PRESS COPY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Sees gb L Haan ate Haste Hae AFFIRMATION UNITED STATES OF AMERICA 09 Mag. 2306 i RAJIV GOEL, Defendant . : SEE se eee ge gE EEO Hag STATE OF NEW YORK ) COUNTY OF NEW YORK 2 8s.t SOUTHERN DISTRICT OF NEW YORK ) Joshua Klein, pursuant to Title 28, United states Code, Section 1746, hereby declares under penalty of perjury: 1. aman Assistant United States Attorney in the Office of Preet Bharara, United States Attorney for the Southern District of New York. I submit this affirmation in support of an application for an extension of the order of continuance of the time within which an indictment or information would otherwise have to be filed, pursuant to Title 18, United States Code, Section 3161(h) (7) (A). 2. The defendant was charged with violations of Title 15, U.S.C. §§ 78j(b) and 78ff, and Title 17, C.F.R. §§ 240.10b-5 and 240.10b5-2, and Title 18, U.S.C. § 371, in a complaint dated October 15, 2009. The defendant was arrested and presentedbefore Magistrate Judge Frank Maas on October 29, 2009, and was released on the condition that he execute a $750,000 personal recognizance bond, to be co-signed by the defendant's wife, and further secured by $100,000 in cash or property, that he limit his travel to the Southern and Eastern Districts of New York, the District of New Jersey and the states of California and Ohio, that he surrender all travel documents, and that he submit to regular Pretrial Services supervision. Goel had initially been arrested on the above-referenced Complaint in the Northern District of California. Accordingly, upon the setting of the bond in this District, Judge Maas exonerated the personal recognizance bond that Goel had signed in the Northern District of California when he was arrested in that District. 3. At the initial presentment counsel for the defendant consented to a waiver of his client’s right pursuant to Rule 5 of the Federal Rules of Criminal Procedure to a preliminary hearing within 30 days of the initial appearance. Accordingly, under the Speedy Trial Act the Government initially had until November 16, 2009, within which to file an indictment or information.* + As mentioned above, Defendant Goel was not presented in this District until October 29, 2003. Nevertheless, the parties agreed at that time that the preliminary hearing date for Goel would be waived until November 16, 2009, instead of a later date, so that his case would be calendared together with those of his co-defendants.4.. On November 16, 2009, Magistrate Judge Michael H. Dolinger, upon the application of the Government and consent of the defendant, granted an order of continuance extending the date within which the Government must file an indictment or information to December 16, 2009. 5. On December 16, 2009, Magistrate Judge James Cc. Francis, IV, upon the application of the Government and consent of the defendant, granted an order of continuance extending the date within which the Government must file an indictment or information to January 15, 2010. 6. Since the arrest of defendant Goel, David Zornow, Esq., counsel for Goel, has had communications with me and my colleagues, Assistant United States Attorney Jonathan Streeter and Special Assistant United States Attorney Andrew Michaelson, regarding a possible disposition of this case. Those discussions are ongoing. 7. Therefore, the Government is requesting a 30-day extension of the order of continuance until February & 010, to continue the foregoing discussions and reach a possible disposition of this case. I have spoken to counsel for the defendant who has specifically consented to this request. Deputy Chief of the Criminal Division Andrew Dember has also approved this request.8. For the reasons stated above, the ends of justice served by the granting of the requested continuance outweigh the best interests of the public and defendant in a speedy trial. I declare under penalties of perjury that the foregoing is true and correct, pursuant to 28 U.S.C. § 1746. Dated: = New York, New York January 15, 2010 Assigtant United states Attorney