File No: CR 20-01-38356 IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. NOTICE OF APPLICATION — (JUDICIAL INTERIM RELEASE) HEARING DATE: JANUARY 6'", 2021 ‘Counsel for the Applicant: Prober Law Offices Gindin, Wolson, Simmonds, Roitenberg 100-387 Broadway 1200-363 Broadway Winnipeg, Manitoba ‘Winnipeg, Manitoba R3C OVS R3C 3N9 JAY PROBER RICHARD J. WOLSON, Q.C. Ph; (204) 957-1205 Ph: (204) 985-8181 Fax: (204) 943-6199 Fax: (204) 985-8190IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: ‘THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. NOTICE OF APPLICATION (JUDICIAL INTERIM RELEASE) TAKE NOTICE that an application will be made on behalf of the above named Applicant, PETER NYGARD before the presiding Judge in The Court of Queens Bench, The Law Courts, in the City of Winnipeg, in the Province of Manitoba, on the 6 day of January, 2021, or soon thereafter as counsel may be heard, for an order granting the judicial interim release of the Applicant.THE GROUNDS FOR THE APPLICATION ARE: 1. Pursuant to Section 13 of the Extradition Act for the provisional arrest warrant of the Applicant, issued on November 23, 2020 by the United States District Court for the Southern District of New York, which provides that the Applicant is charged with racketeering conspiracy, sex trafficking conspiracy, sex trafficking, transportation of a minor for prostitution, and transportation for prostitution, contrary to Title 18 of the United States Code, Sections 1962(d), 1594, 1591, 2423, and 2421. 2. Pursuant to Section 18(1), 19 of the Extradition Act and Section 515(10) of the Criminal Code of Canada. DOCUMENTARY EVIDENCE IN SUPPORT OF THE APPLICATION: 1. The Application herein; 2. Supporting Affidavits 3. The attached casebook 4, Such further documents as Counsel may advise and this Court may permitORDER SOUGHT: ‘The Applicant seeks an order granting his judicial interim release. DATED at the City of Winnipeg, in the Province of Manitoba this 31° day of December, 2020. Per: JAY PROBER % RICHARD J. WOLSON Q.C. Counsel for the APPLICANT TO: Scott Farlinger Department of Justice (Canada) 601-400 St. Mary Avenue Winnipeg, Manitoba R3C 4KS Email: scott.farlinger@justice.ge.caGY File No: CR JO-DI- 96356 IN THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER O| AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. AFFIDAVIT OF DR. HARVEY B. LEE, M.D., FRCPC Affirmed before me this Jl’_day of Jt? é tee» 2020 Prober Law Offices Gindin, Wolson, Simmonds, Roitenberg 100-387 Broadway 1200-363 Broadway Winnipeg, Manitoba Winnipeg, Manitoba R3C OVS R3C 3N9 JAY PROBER RICHARD J. WOLSON, Q.C. Ph: (204) 957-1205 Ph: (204) 985-8181 Fax: (204) 943-6199 Fax: (204) 985-8190THE COURT OF OU) WINNIPEG CE. IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE OF THE APPLICANT, PETER NYGARD, BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD APPLICANT. I, HARVEY B. LEE, M.D., FRCPC, of the City of Winnipeg, in the Province of Manitoba, MAKE OATH AND SAY: 1. THAT I have personal knowledge of the matters hereinafter deposed to by me except where same are stated to be of information and belief and where so stated I believe them to be true.6. THAT [ am a medical doctor specializing in Internal Medicine, Endocrinology and Metabolism. Attached hereto to this my Affidavit is my Curriculum Vitae outlining my professional credentials. THAT Mr. Peter Nygard is under my care as his physician in Winnipeg. He has been my patient since January 2019. THAT I have recently conducted a virtual appointment with Mr. Nygard from the Provincial Remand Centre. THAT Mr. Nygard is 79 years of age and has significant risk factors for Cardiovascular and complicating Cardiorespiratory conditions related to the COVID-19 pandemic. THAT his medical history as it pertains to significant complicating risk factors for COVID-19 are as follows: i, Pacer (Pacemaker) - approx. 4-5 year ago, inserted in New York by Dr Kirsten Healy for CAD (Coronary Artery Disease) ii. DM2 (type 2 diabetes) — controlled by medication and diet. Diet being a very difficult factor to control in an institutional setting iii, Orthostatic Hypotension-dehabilitating (fluctuating high and low blood pressure related to involuntary nerve conditions)10, iv. Hyperlipidemia — related to Coronary Artery Disease v. Suspected sleep apnea with difficultly breathing at night THAT Mr. Nygard has a high probability of developing a severe morbid or fatal outcome while in custody at Headingly Correctional or any other institution, His current circumstances and present condition and the potential for contracting COVID-19 remains high. THAT individuals with any underlying conditions who are at risk of contracting COVID-19 must be considered compromised and precautions must be taken to safeguard the development of severe morbid complications in addition to the potential for a fatal outcome. THAT adults of any age with certain underlying medical conditions are at increased risk for severe illness from the virus that causes COVID-19. Severe illness from COVID-19 is defined as hospitalization, admission to the ICU, intubation or mechanical ventilation, or death. THAT Mr. Nygard is in the high risk category due to his age and comorbidities.Il. THAT I make this affidavit bona fide in good faith and for use in the Court of Queen’s Bench of Manitoba. AFFIRMED before me in the City of ) Winnipeg, in the Province of Manitoba, ) this*?day of De, 2020. ) ) HARVEY B. LEE, M.D., FRCPCFile No: CR 20-01-38356 THE COURT OF QUEEN’S BENCH WINNIPEG CENTRE IN THE MATTER OF: AN APPLICATION PURSUANT TO SECTION 18(1), 19 OF THE EXTRADITION ACT, AND SECTION 515(10) OF THE CRIMINAL CODE OF CANADA, FOR AN ORDER GRANTING THE JUDICIAL INTERIM RELEASE. OF THE APPLICANT, PETER NYGARD. BETWEEN: THE ATTORNEY GENERAL OF CANADA ON BEHALF OF THE UNITED STATES OF AMERICA, RESPONDENT, -and- PETER NYGARD, APPLICANT. AFFIDAVIT OF RICHARD T. FAUGHNAN Affirmed before me this 4" day of January 2021 Prober Law Offices Gindin, Wolson, Simmonds, Roitenberg 100-387 Broadway 1200-363 Broadway Winnipeg, Manitoba ‘Winnipeg, Manitoba RIC OVS R3C 3N9 JAY PROBER, RICHARD J. WOLSON, Q.C. Ph: (204) 957-1205 Ph: (204) 985-8181 Fax: (204) 943-6199 Fax: (204) 985-81902. THAT for the period from 1995 through 2009, I was an Assistant U.S, Attomey for the Eastern District of New York, where I served as Chief of the Public Integrity section. 3. THAT for more than 25 years prior to joining Kroll, Mr. Mazzella conducted criminal investigations for the United States Department of Justice and the United States Department of Labor's Office of Labor Racketeering. 4. THAT on July 27, 2020, September 29, 2020, and December 29, 2020, Mr. Mazzella and I interviewed telephonically the person referred to as “Female-1” in the Application for Provisional Arrest. 5. THAT attached as Exhibits 1, 2, and 3 are reports that fully and accurately summarize those interviews. 6. THAT I make this affidavit bona fide in good faith and for use in the Court of Queen’s Bench of Manitoba, AFFIRMED before me in New York, ) New York, this 4! day of January 2021) JESSE MAKERMAN ) NOTARY PUBLIC-STATE OF NEW YORK ‘No, O1AK6037415 qualified in now Yor County My Commission Exo ‘aliiia22— oo Richard T. FaughnanADmeonat DUFF &PHELPS Kroll Memorandum of Interview To: Elkan Abramowitz, Esq Robert Radick, Esq. Dat July 29, 2020 From: Kroll Subject: Interview of Cheryl Doyle PRIVILEGED AND CONFIDENTIAL (On July 27, 2020, Managing Director Richard Faughnan and Associate Managing Director John Mazzella (the investigators’), along with Robert Radick of Morvillo Abramowitz, telephonically interviewed Cheryl Doyle ("Doyle’). The investigators advised Doyle of their identities and the fact that they had been retained to work with counsel representing Peter Nygard (‘Nygard’). Doyle agreed to the interview. The memorandum thet follows is a summary of the interview with Doyle and is not intended to be a word-for- word transcript Doyle began working for Nygard at his Marina Del Rey ("MOR") property approximately two to three years ‘ago, She was hired through her friend, Karina Gurgu ("Gurgu’), who was a travel manager for Nygard. Doyle intially worked for the first one to one-and-one-haif years as a bartender and server at Pamper Parties and dinners at the MDR property. Doyle advised that Nygard did not like guests to be intoxicated. Gurgu and Angela (LNU) instructed her during her training not to make drinks too strong, and to serve weaker drinks if someone had too many. She recalled a time when Nygard himself asked her why a Parlicular guest was drunk, and she told him that that guest had arrived at the party that way, which she said happened on occasion. Doyle told the investigators that Gurgu and Angela told Doyle that Nygard did not allow drugs. Approximately one and one-half years ago, Pamala Allen (‘Allen’), who had been running the MOR office fas the Communications Coordinator or ComCor, quit and Doyle was promoted to ComCor. Doyle advised there was @ high turnover for the office staff and described the position as “high pressure,” During the time that Doyle worked at the MDR property she did not observe any inappropriate behavior. Krol wroteon 155 Eas 52 Sroet, 31" Fear To 212899.9974 New York, New York Foss 212948 4222, rota notre aay ctl riage are cana wa ern resp) yo oe snes ar) iors ep pets aay tr tonenee avet nyg eaKroll | burrsrneres ‘about these messages. Nygard assisted Matthew in providing e response to Lauren's message. Lauren then replied to Matthew, in substance, “tell Peter thanks for the response.” On the same day she received the Instagram message from Lauren, or the next day, Doyle received a call from Allen, enother former Personal Assistant to Nygard. Allen made similar comments to Doyle during this call as the comments Lauren had made. Doyle believes that Allen and Lauren are friends. Allen specifically said that she had been cooperating with Gutzier and believes Gutzler is working with the FBI. Allen further told Doyle that Nygaré was going to jall, that Doyle could be in trouble because she is with him, that "they" already knew everything, that they knew all about Doyle, and that they knew Doyle was with Nygard, Allen told Doyle that if she helped, it would be to Doyle's advantage. Doyle did not have to get in trouble or “go down with Nygard,” Allen suggested that Doyle's situation was similar to Ghislaine Maxwell's situation ("Maxwell), and that Doyle could get into trouble just like Maxwell did. Allen offered to put Doyle in contact with Gutzier, saying "I can link him in on the call right now." Doyle told the investigators that she regularly spoke with Allen prior to this call the last time being a couple of weeks earlier. Allen never solicited Doyle's cooperation with Gulzler in the past, and was never especially negative towards Nygard. Allen would relay typical frustrations about Nygard, but nothing more. Doyle last saw Allen in February 2020. Approximately 2 weeks ago, Suelyn (Medeiros) called Doyle trying to reach Nygard. Suelyn was upset because she had just been "served" at her boyfriend's work location. Doyle believes that Suelyn is in BrazilADnsen ol DUFF&PHELPS: Kroll Memorandum of Interview To: Elkan Abramowitz, Esq Robert Radick, Esa, Date: September 30, 2020 From: Kroll Subject: Interview of Cheryl Doyle PRIVILEGED AND CONFIDENTIAL (On September 29, 2020, Managing Director Richard Faughnan and Associate Managing Director John Mazzella (the investigators") telephonically interviewed Chery! Doyle (‘Doyle’). The investigators advised Doyle oftheir identities and the fact that they had been retained to work with counsel representing Peter Nygard (‘Nygard’). The memorandum that follows is a summary of the interview with Doyle and is not intended to be a word-for-word transcript Doyle had been at Falcon Lake in Canada with Nygard since late February 2020, She explained that she had stayed longer than expected due to Covid and recently decided to leave Canada and return to the United States. Doyle's friend, Karina Gurgu ("Gurgu’), purchased Doyle's airline ticket home on Thursday Or Friday of last week. Gurgu is currently in Los Angeles. Doyle explained that Gurgu knows that Doyle is € procrastinator, which is why she offered to purchase Doyle's ticket, Doyle told the investigators that while at Falcon Lake she had been in regular contact with Pamala Allen (Allen), speaking to her approximately once per month and sometimes more often. Allen repeatedly told Doyle that she *had to leave’ Canada and come back to the United States, Allen would ask about Nygard, ssaying she was calling to “check on him,” but insisted that Doyle not tell Nygard that they were speaking, Recently, Allen became “super adamant" about obtaining the exact address where Doyle was. On more than one occasion, Allen told Doyle that she could obtain a ticket home for Doyle and that Doyle should send Allen the address where she was staying with Nygard. Once Doyle obtained her ticket home, she spoke with Allen on Thursday or Friday of last week. Doyle told Allen that she was fine and had a obtained a ticket home. Allen became aggravated upon learning that Doyle had obtained a ticket on her own and offered to pay for a taxi to get her to the eiport. She asked rat oll com 55 Eau. 52" syeet 31 Foor Tet 212093 3274 Now York, New Yer Fost 212.908 4222 rit opin an matin Say ronbtec ans b iol Hyouhee esd corranenon or Peas easa mb he sehen ety at eoTNo,Kroll | Durrépuetes ‘+ If she was forced to comply with advances from Nygard, and she said, “not at al + If she had been requested to “get anybody" for Nygard, and she said no. and The agents then asked Doyle questions about Pamper Parties. The agents knew that Doyle had been a bartender at parties. They asked if she was aware of underaged girls or drugs at the parties, and she said there were no underage gils atthe parties, and that Nygard did not like drugs or drunks at his parties. Doyle said that Nygard was an 80-year-old man trying to make sure that all those around him were safe. ‘Agent Vogel said thet when he previously had met Doyle at the airport when she and Nygard were leaving the United States for Canada, Doyle had said Nygard was her boyfriend, Doyle's response was “I ‘said he was my boyfriend?" ~ indignantly expressing surprise because she had not said that. Agent Vogel said that Doyle “seemed very guarded.” Doyle was becoming increasingly nervous that she would miss her fight and lt the Agents know her concer, Agent Vogel then asked Doyle i he could look at her phone, Doyle responded, “I'm allowed to say no, right?" Agent Vogel told her she could say no and added, “but actually we have @ warrant” and wore going to look through her bag. Agent Vogel provided Doyle a copy of the warrant and said that he could look through her bags or she could tell them what electronic devices she had. She told the Agents that she had an iPad and a ell phone, Agent Vogel asked her fo produce them, and she complied. The ‘Agents did not search her carry-on bag. Agent Vogel asked Doyle i there were passcodes and she replied that there were, Agent Vogel then said, ‘we're going to need the passcodes," and showed her the portion ofthe search warrant concerning passcodes, Doyle recalled that when she handed Agent Vogel her phone it was open, and Agent Vogel asked the other Agent to "make sure that screen doesn't lock.” During her conversation with the agents, Doyle was told that the case agent was from New York. They provided Doyle the name Rachael Graves with a 212-telephone number. ‘After the agents took her phone, Doyle asked, "How am | going to get home? All my contacts are in my phone.” Agent Vogel replied, “Guess | ruined your day.” Doyle said thet when she arrived in LA, she called Agent Vogel and asked him to at least give her the phone number for one of her friends so she could call someone to pick her up. The agent complied with this request Doyle told the investigators that the only visitors to Falcon Lake were some local people including an “old lady’ and a few "poker guys.” Doyle was asked if any giritiends were being brought to visit Nygard and she replied “no.” Doyle had not been requested to arrange for anyone to come and meet with NygardKroll | burrérnenes Memorandum of Interview To: Elkan Abramowitz, Esq Robert Radick, Esq Date: December 31, 2020 From: Kroll Subject: Interview of Chery! Doyle PRIVILEGED AND CONFIDENTIAL (On December 28, 2020, Managing Director Richard Faughnan and Associate Managing Director John Mazzella ("the investigators") telephonically interviewed Chery! Doyle ("Doyle"). The investigators advised Doyle of their identities and the fact that they had been retained to work with counsel representing Peter Nygard ("Nygard’).’ Doyle was told that a recent court document fled in Canada contained ‘communications described as being obtained from Doyle's mobile telephone.? The investigators were interested in speaking with Doyle about these reported communications to hear her response and obtain further context. Doyle agreed to the interview. The memorandum that follows is a summary of the interview with Doyle and is not intended to be a word-for-word transcript: Doyle was advised that the Canadian court documents revealed the following communications purportedly obtained from her mobile telephone: 1), Doyle was “required to reside with Nygard’ at Falcon Lake. Doyle responded that this was *hard to answer.” She could not recall any specific communication like that, but she explained that she was very sarcastic with her friends and that anyone going through her phone would have trouble determining what was sarcasm versus the truth. She suggested that she may have communicated things like, “I'm in quarantine with my boss, LOL." "The investigators interviewed Doyle on two prior eccasions, July 27, 2020 and September 29, 2020. 2 krol's September 28, 2020 interview of Doyle was prompted by the seizure of Doyle's mobile phone by the FBI pursuant 1 a court authorized search warrant upon her return to the United States from Canada. roll keolieom 55 East 52 Sreet, 31 Feo. Tet 212899.9074 ‘New York, New Yor Fost 212.998.4222 Cana te cg ro veg ee, a8 wi el catenins Noman Th communal cones rn a ‘Scousnal penestan ees tay er een man oer opci) teenie ‘tsar out oar anos pm he e chKroll | DUFrePueLes Doyle said that this was ‘difficult to answer" and that she “didn't remember.” She suggested that she ‘searches on her phone ‘for lots of stuff" and "whatever is on her mind.” ‘The investigators specifically asked if Nygard had asked Doyle to research traveling under an alias. Doyle responded, “I really don't know,” and “I can't remember.” ‘The investigators told Doyle that, in their opinion, if Nygard had asked her to research traveling under an alias, that was something s0 unique and specific that i's hard to believe she wouldn't remember it. Doyle did not elaborate further on her answer. Doyle was asked if she had spoken with the FBI or government since the FBI agents seized her phone in the Minneapolis airport in late September. She said that "they had.” She told the investigators that she leamed she's not going to be charged. In addition, the FBI offered to get her a lawyer. Doyle said that she asked the FBI about gelting her phone back, and she said it didn't seem likely that she'd be getting it back. Doyle also received telephone calls from Sanctuary for Families® and Shannon Maroney (Allen's therapist). Both offered Allen services to assist her. Doyle described the whole situation as "very stressful" and ‘alittle scary." Doyle was asked if during the time she was at Falcon Lake, or after she had returned to the United States, Nygard ever told her what to say or what not to say. Doyle responded saying that was a ‘hard one" to answer. The investigators said that if Doyle did not feel comfortable answering a specific question, ‘she could simply say that, Doyle then said she “doesn't feel comfortable answering that.” Doyle was asked if Nygard had ever threatened her and she said without hesitation, “no.” Doyle agreed to speak with the investigators again if any questions arose. 8 Sanctuary for Families i a New York-based service provider and advocate for survivors of domestic violence, sex trafficking and related forme of gender violence (hitos:/sanctuaryforfamilles.ora/about.s)