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SUBPOENA

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

TO: Stewart R. Grabois, Executive Director
New York District Council Benefit Fund
395 Hudson Street New York, New York 1001

GREETINGS:

      We COMMAND YOU that all business and excuses being laid aside, you appear and attend before the GRAND INQUEST of the body of the people of the United States of America for the Southern District of New York, at a District Court to be held at Room 1401 in the United States Courthouse, Foley Square, in the Borough of Manhattan. City of New York on the 26th day of April 1999 at 10:00 in the Fore noon to testify and give evidence in regard to an alleged violation of TITLE 18, United States Code, Section 371 and not to depart the Court without leave thereof , or of the United States Attorney, and that you produce at the time and place aforesaid the following:

SEE ATTACHED RIDER

N.B. Personal appearance not required if the requested documents are delivered on or before the return date to Peter Jacobello, Senior Investigator, United States Department of Labor, PWBA : U.S. Customs House, 6 World Trade Center, 6th Floor, New York, New York 10048 (212) 637-0620 for submission to the Grand Jury.

      And for failure to attend and produce the said documents you will be deemed guilty of contempt of Court and liable to penalties of law.

Dated: April 12, 1999 New York, N.Y.
(Signature of Mary Jo White) (Signature of James M. Parkins)
United States Attorney for the
Southern District of New York
Clerk

 
          
NOTE: REPORT AT ROOM 767. In order to secure your witness fees and
mileage, it is necessary that you retain this Subpoena and present the
same at the United States Attorney's Office, Room 767, upon each day on
which you attend Court as a witness.

 Mathew Biben      
Assistant United States Attorney      
One St. Andrew's Plaza Room 929
New York, New York 10007

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Attached Rider
All original documents including, but not limited to: minutes of Trustees meetings, minutes of Trustees subcommittee meetings, requests for proposals relating to administrative reviews of the Benefit Funds, third party administrator, financial consultants and actuaries, list of bidders and any and all notes or writings relating to the selection of process of consultants and the contracts entered into between the consultants and the Benefit Funds by the Trustees.

All document pertaining to the negotiations between Zenith
Administrators and the Benefit Funds, its Trustees and/or Plan committees.

All appraisals and studies prepared for the building, 395 Hudson Street, N.Y.C., including building committee reports and correspondence from January 1, 1995 to the present.

Annual reports, Form 5500's and related independent auditors reports for the Benefit Funds for the plan year 1995 to present.

Any and all participant complaints, written, taped, monitored or otherwise logged for those relating to the TPA, Zenith Administrators.

Any and all reports and studies, submitted by the plan actuaries for the Welfare, Annuity and Pension Fund for plan years 1995 to the present.

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Horacio Grana was a retired member of the Carpenters Local Union 1506 in Los Angeles.


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