ULS. Department of Justice ‘Vincent H. Cohen, Jr. Acting United States Attorney District of Columbia Judiciary Center 155 Four 1, I. Washingion, B.C. 20830 July 28, 2015 Re: In re Investigation of Possible Violati 50 U.S.C. § 1809 Dear Counsel: As you are aware, your client, Dennis Montgomery, has indicated that he possesses physical evidence of possible violations of 50 U.S.C. § 1809 in the form of documents, written material, electronic media and/or other physical items, to include any codes necessary to access ‘such items (collectively referred to hereinafter as the “Physical Evidence”), which your client acquired in connection with his previous employment with the United States government. I understand that your client is interested in voluntarily producing the Physical Evidence to members of law enforcement and representatives of this Office for evaluation. In order to assure that there are no misunderstandings concerning the terms under which your client's production of the Physical Evidence would occur: (1) __ First, except as provided for in paragraphs two and three below, the act of production by your client would not be used against your client to establish either that (a) the Physical Evidence was in his possession or control or (b) the Physical Evidence is authentic. (2) Second, the Government may make any use whatsoever of the Physical Evidence produced by your client pursuant to this agreement, provided that an evidentiary foundation other than your client's production of such items can be established. (3) Third, in the event your client is ever a witness or presents evidence through other witnesses, at trial or any other proceeding, and your client’s statements or that evidence contradicts that the Physical Evidence (a) existed, (b) was in his possession, custody, or control, or (¢) was authentic, the attorney or agent for the Government may cross-examine your client and other witnesses concerning the act of production by your client. Evidence regarding the act of production may also be introduced in rebuttal at any trial. (This provision is intended to assure that your client does not abuse the opportunity for a voluntary production, does not make ‘materially false statements to a government agency or fact finder, and does not commit perjury or otherwise provide materially false information at a tial or any other proceeding.) (4) ___ Fourth, itis understood and agreed to by your client and the United States that this agreement does not constitute a plea bargaining session. However, if this agreement is subsequently construed to be a plea bargaining session, your client knowingly and voluntarilywaives or gives up any rights he has pursuant to Rule 410 of the Federal Rules of Evidence and Rule 11(8 of the Federal Rules of Criminal Procedure. (5) __ Finally, this agreement does not obligate the United States Attomey’s Office for the District of Columbia to take any action or refrain from taking any action not described in this letter. In addition, your client understands that this Office has made no additional promises to your elient not contained in writing herein. "trust that you will find this offer fair and reasonable. If your client wishes to engage in a voluntary act of production under these ground rules, you and your client should both sign this letter where indicated below. Sincerely yours, VINCENT H. COHEN, JR. UNITED STATES ATTO! DEBORAH A. CURTIS Assistant United States Attomey ACKNOWLEDGMENT Thave read every word of this agreement, and its meaning has been fully explained to me by my attomey. After consultation with my attorney, I understand and agree to the contents of this letter, — YL). ecaallhgoets ATTORNEY'S ACKNOWLEDGMENT J acknowledge that | have read each page of this agreement, reviewed it in its entirety with my client and discussed fully with my client each of the provis a