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Cecilia I.

Martinez
213 E. Duncan Ave.
Alexandria, VA 22301
March 9, 2016
Mr. Damon P. Martinez
United States Attorney
District of New Mexico
P.O. Box 607
Albuquerque, NM 87103
VIA email to Damon.Martinez@usdoj.gov
Dear Mr. Martinez,
On Friday February 19, 2016, I received a call from an FBI agent regarding the investigation into Mr. Jason Jay
McCleskey of Albuquerque, New Mexico, who serves as political advisor to New Mexico Governor Susana Martinez. The
agent told me that Deputy Attorney General Sally Yates declined your offices request to indict Mr. McCleskey and that
the matter was closed. I was told by the agent that despite the strong evidence against Mr. McCleskey (which I
understand was presented to and approved by FBI Director James Comey in late 2015), Ms. Yates did not believe the
government would succeed at trial and therefore closed the multi-year investigation.
I am writing to seek your help in finding the truth about the following:
(1) What will your office do to protect me and the other witnesses who face retaliation, intimidation, and
retribution for cooperating with your investigation?
(2) Why was this white-collar criminal investigation elevated within the U.S. Department of Justice to multiple levels
of review that are typically reserved for capital punishment cases or cases against elected officials?
(3) On what basis did Ms. Yates, on February 18, 2016, instruct your office not to indict Mr. McCleskey?
(4) Why wasnt the grand jury that was seated on this case since September 2015 afforded the opportunity to make
a decision on an indictment, as opposed to Ms. Yates, who is a political appointee in the Department of Justice
in Washington DC?
(5) I was told by FBI agents that they had strong forensic evidence (including bank records), so how did a case with
such strong evidence -- that was backed by your office and had a grand jury seated for over five months -- get
taken over by the Deputy Attorney General and then it abruptly disappeared?
Your office requested my cooperation in the McCleskey investigation due to my past role as a contract fundraiser for
Governor Martinezs (no relation to me) inaugural committee and campaign committee in 2010 and early 2011. I was
given two options by your office interview with the FBI and the Assistant U.S. Attorney voluntarily or testify before the
Grand Jury in Albuquerque. Under advisement of my attorney, I chose the former option. I also complied with the
governments subpoena of all of my records from that time period. For the last 11 months, I have been regularly
contacted by FBI agents with follow-up questions and I have respectfully cooperated fully, honestly, thoroughly, and in a
timely manner.
Complying with this investigation has come at an enormous cost to me, my company and my family. We have spent
thousands and thousands of dollars on attorneys fees, travel costs to Albuquerque and lodging costs in Albuquerque.
But more traumatic has been the time spent away from my family and away from my client work. As a self-employed
small business owner, if I dont do the work, it doesnt get done, and if it doesnt get done, I dont get compensated and
therefore cannot pay my bills.

Cecilia I. Martinez
213 E. Duncan Ave.
Alexandria, VA 22301

As you stated during our phone conversation on February 24, 2016, you are well aware of the professional and personal
retribution I have endured as a cooperating witness for the Government in the McCleskey investigation. You, your office,
and the FBI office in Albuquerque are aware of the harassment my clients have encountered (including pressure to fire
me); you are aware that donors were told not to contribute to my clients; you are aware that potential clients I was
interviewing with were instructed not to hire me; you are aware of the instances where the Governors security detail
followed me around at private events; and you are aware of the personal threat made to me by the Governor.
You, your office and the FBI are also aware that I, like many of the other witnesses in this case, am living in extreme
anxiety and fear for my safety, the safety of my family, not to mention the impact on my career and my ability to make a
living.
It is my sincere hope that in the two weeks since last we spoke and you declined to answer my questions, you and your
office can provide the truth in this matter and put an end to the bullying, intimidation and harassment of the witnesses
in this case.
I am copying my elected representatives Senator Warner and Senator Kaine, Congressman Beyer -- as well as
Chairman of the Judiciary Committee, Congressman Goodlatte who is also in the Virginia delegation. I am also copying
Assistant U.S. Attorney Tera Neda, FBI Special Agent John Fay, FBI Special Agent David Backlund, FBI Special Agent John
"Jack" Howard.
I appreciate your time and your service, and I look forward to your response.
Sincerely,

Cecilia I. Martinez
CC:
Hon. Donald S. Beyer
Hon. Mark R. Warner
Hon. Tim M. Kaine
Chairman Bob W. Goodlatte
Assistant U.S. Attorney Tera Neda
FBI Special Agent John Fay
FBI Special Agent David Backlund
FBI Special Agent John "Jack" Howard