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Mr. Robert Driscoll

Alston & Bird LLP

950 F Street, NW

Washington, DC 20004-1404

Re: Maricopa County, Arizona

Dear Mr. Driscoll:

u.s. Department of Jnstice

Criminal Division

Washington, D.C 20530

March 13,2010

I am writing to insure that the record is clear regarding your request to provide

information to the Public Integrity Section regarding allegations of public corrption in

Maricopa County, Arizona. When we spoke briefly on March 1,2010, you indicated that your

client had information regarding potential federal criminal violations by public offcials in

Maricopa County, and that you would like to provide that information to the Public Integrity

Section. I indicated that we are always willing to receive infonnation about potential federal

criminal violations, and that you should provide your information in writing. i also indicated

that we would not interfere in any way with the ongoing investigation being conducted by the

United States Attorney's Offce, and that we would, accordingly, share any information that you

provided with that Offce. You agreed to provide your information in writing, and to copy the

United States Attorney on your correspondence.

As I am sure you know, the Department of Justice receives information every day about

alleged violations of federal

law in many forms from a wide variety of sources, including prison

inmates, citizens, attorneys, and organizations. We do not refuse such information when offered,

but our receipt of such information does not indicate that we have initiated an investigation or

that we have agreed to take any action. Upon reviewing the information, we often determine that

no action is waranted. In some instances, we refer the information to an investigative agency,

such as the FBI, or to another federal prosecuting offce tòr their consideration. In many

instances, we determine that the matter properly should be, or is already being, handled by state

or local prosecuting authorities.

Based upon our conversation on March 1, it was my expectation that you would provide the alleged federal criminal violations so that we could, in consultation

a written surmary of

with the United States Attorney, determine how the information should best be handled, and by

whom. You did not indicate, nor did I expect, that you would provide virtually the entire file

from the Maricopa County Sheriff s Office, consisting of thousands of pages of documents and

electronic media. That production was not called for, and we do not intend to review the entire

fie from the Sheriffs Offce. In fact, I now understand that some of the matter that you intend

to refer to this offce have been assigned to a new County prosecutor, Ms. Daisy Flores, who is

the elected Gila County Attorney, and that as of

March 4, 2010, Ms. Flores has her review ofthe

matters underway. We do not intend to interfere with Ms. Flores' review, nor any other ongoing


In these circumstances, I was dismayed to lear that your mere referral of information to

the Public Integrity Section was cited and relied upon in a pleading in federal court, and then

used as a platform for a press conference.

Let me reiterate what I believe I conveyed to you on March 1. If you have information

regarding potential federal criminal violations by any public offcials, you are welcome to

provide that information to the Public Integrity Section. You should provide your information in

writing, in the form of a summary. We wil share that information with the United States

Attorney's Office, and determine whether any further action is warranted.

Please let me know if you have any questions regarding this matter.





~ _.


¿/-'Raymond N. Hulser

Acting Chief

Public Integrity Section