ORDER PURSUANT TO 18 U.S.C. §§ 6002-6003 GRANTING IMMUNITY AND REQUIRING TESTIMONY — LISA KOSMAK

JOHN A. MENDEZ, District Judge.

NOW, THEREFORE, IT IS ORDERED pursuant to 18 U.S.C. § 6002 that Lisa Kosmak give testimony or provide other information which she refuses to give or to provide information with respect to her knowledge concerning loan applications submitted to lending institutions and the sale of her residences in connection with the charged fraud scheme in the above-referenced case, in this case on the basis of her privilege against self-incrimination as to all matters about which she may be asked to testify in this trial.

IT IS FURTHER ORDERED that no testimony or other information compelled under this order, or any information directly or indirectly derived from such testimony or other information, shall be used against Lisa Kosmak in any criminal case, except that Lisa Kosmak shall not be exempted by this order from prosecution for perjury, giving a false statement pursuant to this order, or otherwise failing to comply with this order, and that immunity granted herein is co-extensive with 18 U.S.C. § 6002.

IT IS SO ORDERED.

EXHIBIT A

Pursuant to the authority vested in me by 18 U.S.C. § 6003(b) and 28 C.F.R. § 0.175(a), I hereby approve your request for authority to apply to the United States District Court for the Eastern District of California for an order, pursuant to 18 U.S.C. §§ 6002-6003, requiring Lisa Kosmak to give testimony or provide information in the above matter and in any further proceedings resulting therefrom or ancillary thereto.

The United States of America hereby moves this Honorable Court for an order compelling Lisa Kosmak to testify and produce evidence pursuant to the provisions of Title 18, United States Code, Section 6001, et. seq., and respectfully represents as follows:

1. Lisa Kosmak has been subpoenaed to testify at trial in this matter by the United States;

2. Lisa Kosmak refuses to testify with respect to her knowledge concerning loan applications submitted to lending institutions and the sale of her residence in connection with the charged fraud scheme in the above-referenced case by invoking her constitutional privilege against self-incrimination;

3. In the judgment of Benjamin B. Wagner, United States Attorney, the testimony of Lisa Kosmak is necessary to the public interest; and

4. Paul M. O'Brien, a Deputy Assistant Attorney General, has approved this application for an order instructing Lisa Kosmak to testify pursuant to 18 U.S.C. § 6003 and 28 C.F.R. § 0.175(a).

WHEREFORE, pursuant to the provisions of 18 U.S.C. §§ 6001, et seq., the United States of America requests that the Court order Lisa Kosmak to give testimony and produce all evidence relating to all matters within her knowledge about which she may be asked to testify with respect to her knowledge concerning loan applications submitted to lending institutions and the sale of her residence in connection with the charged fraud scheme in the above-referenced case,

In support of this motion, the United States of America submits herewith the attached Memorandum of Points and Authorities and the Declaration of Special Assistant U.S. Attorney David J. Ward.

I. I. POINTS AND AUTHORITIES

The immunity provisions of Title 18, United States Code, Section 6002, et seq., provide in pertinent part as follows:

Section 6002

18 U.S.C. § 6002.

Section 6003

18 U.S.C. § 6203. The aforesaid statute is valid and constitutional, and orders issued pursuant thereto are likewise valid. United States v. Kastigar, 406 U.S. 441 (1972).

I, David J. Ward, declare as follows:

1. I am a Special Assistant United States Attorney for the Eastern District of California.

2. I have advised United States Attorney Benjamin B. Wagner, or a person delegated with his authority, that Lisa Kosmak will be called to testify at trial in this matter.

3. I have presented the facts of the trial proceedings to Mr. Wagner or his designee, and in his judgment it is likely that Lisa Kosmak may refuse to testify at trial, and her testimony is necessary to the public interest.

4. An authorized Deputy Assistant Attorney General of the United States has approved the Application for an Order instructing witness Lisa Kosmak to testify under the provisions of 18 U.S.C. § 6003 and 28 C.F.R. § 0.175(a). A copy of the letter from Paul M. O'Brien, Deputy Assistant Attorney General, Criminal Division, Department of Justice, expressing said approval is attached hereto as Exhibit "A."

I declare under penalty of perjury that the foregoing is true and correct. Executed this day, November 9, 2015, in Sacramento, California.