Embed Size (px)
Citation preview
UNITED STATES OF AMERI DEC 24 2014 Before the
SECURITIES AND EXCHANGE COM
ADMINISTRATIVE PROCEEDING File No. 3-16033
In the Matter of
AIRTOUCH COMMUNICATIONS, INC., HIDEYUKI KANAKUBO, and JEROME KAISER, CPA
Respondents.
DIVISION OF ENFORCEMENT'S REQUEST FOR ISSUANCE OF SUBPOENAS REQUIRING THE ATTENDANCE AND TESTIMONY OF WITNESSES
Pursuant to Rule 232 of the Rules of Practice, the Division of Enforcement ("Division")
respectfully requests that the Court issue subpoenas requiring the attendance and testimony of the
following witnesses on January 20, 2015, at 9:30a.m., at the United States District Court located at
312 N. Spring Street, Courtroom 24, Los Angeles, California 90012:
1. James Martin Canton
2. Sylvia Ngaling Chan Nettles
3. Frank Cheng
4. Daniel K. Donahue
5. Mario Ego-Aguirre
6. Carlos Jose Isaza
7. Jerome Kaiser
8. Hideyuki Kanakubo
2
9. Larry Paulson
10. Thomas Quan
11. Jack Steven Roush
12. TommyShek
13. Anthony M. Tang
14. Gregory Anton Wahl
The subpoenas are attached hereto as Exhibits 1 to 14, respectively.
Dated: December 22, 2014 Respectfully submitted,
DIVISION OF ENFORCEMENT
Bf~ Amy Jane Longo (323) 965-3835 Peter Altman (323) 965-3871 John Berry (323) 965-3890 Securities and Exchange Commission Los Angeles Regional Office 444 South Flower Street, Suite 900 Los Angeles, CA 90071
AIRTOUCH COMMUNICATIONS, INC., HIDEYUKI KANAKUBO and JEROME KAISER, CPA
Administrative Proceeding File No. 3-16033 Service List
I certify that on December 22, 2014, I caused the foregoing to be served on the following persons by the method of delivery indicated below.
Jill M. Peterson, Assistant Secretary Securities and Exchange Commission 100 F. Street, N.E., Mail Stop 1090 Washington, DC 20549-1090
Honorable James E. Grimes Administrative Law Judge Securities and Exchange Commission 100 F Street, N.E., Mail Stop 2557 Washington, DC 20549-2557 Email: [email protected]
James N. Kramer, Esq. Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105-2669 Email: -and-Mark Mermelstein, Esq. Orrick, Herrington & Sutcliffe LLP 777 South Figueroa Street, Suite 3200 Los Angeles, CA 90017-5855 Email: (Counsel for Respondents Hideyuki Kanakubo and Jerome Kaiser)
Michael Piazza, Esq. Greenberg Traurig, LLP 3161 Michelson Drive, Suite 1000 Irvine, CA 92612 Email: (Counsel for Respondent AirTouch Communications, Inc.)
Dated: December 22, 2014
1
(by United Parcel Service) (Original and three copies)
(by United Parcel Service and by Electronic mail and by facsimile (202) 777-1031
(by Electronic mail)
(by Electronic mail)
(by Electronic mail)
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To:
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
cg] YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules ofPractice by:
-------------------on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o{AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To:
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
cg] YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
___________________ on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA
To: Frank Cheng
SECURITIES AND EXCHANGE COMMISSION
In the Matter o{AirTouch Communications. Inc .. et al Administrative Proceeding No. 3-I 6033
c/o Manuel Lopez & Assocs.,
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
C2J YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
___________________ on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Daniel K. Donahue
D YOU MUST PRODUCE the docrnnents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
~ YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
___________________ on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Mario Ego-Aguirre
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
~ YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules ofPractice by:
___________________ on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Carlos Jose Isaza
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
~ YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
___________________ onDecember_,2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o{AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Jerome Kaiser c/o Orrick Herrington & Sutcliffe, LLP
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
~ YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
-------------------on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request ofthe Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: Jfyou claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o{AirTouch Communications, Inc., eta/ Administrative Proceeding No. 3-16033
To: Hideyuki Kanakubo c/o Orrick Herrington & Sutcliffe, LLP
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
lS] YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules ofPractice by:
-------------------on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Larry Paulson c/o Greenberg Traurig
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
~ YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
___________________ on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o[AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Thomas Quan c/o Thompson & Knight LLP
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
l8J YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge ofthe Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
___________________ on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouclz Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Jack Steven Roush c/o Greenberg Traurig
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
~ YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 ofthe Commission's Rules ofPractice by:
____________________ on December_, 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request ofthe Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA
To: Tommy Shek
SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouch Communications, Inc., et al Administrative Proceeding No. 3-I6033
c/o Gartenberg, Gelfand, Heyton LLP
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
-------------------on December __ , 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o{AirTouch Communications, Inc., et al Administrative Proceeding No. 3-16033
To: Anthony M. Tang c/o Gibson Dunn & Crutcher, LLP
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
~ YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
____________________ onDecember_,2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request of the Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
SUBPOENA
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
In the Matter o(AirTouch Communications. Inc .. et al Administrative Proceeding No. 3-16033
To: Gregory Anton Wahl c/o Gartenberg, Gelfand, Heyton LLP
D YOU MUST PRODUCE the documents or other tangible evidence specified in the Attachment to this subpoena to officers of the Securities and Exchange Commission, at the following place, date and time:
C8:] YOU MUST ATTEND AND TESTIFY before an Administrative Law Judge of the Securities and Exchange Commission, at a hearing in this matter, at the following place, date and time (and from day to day, as may be required until completion of the hearing):
United States District Court 312 N. Spring Street, Courtroom 24
Los Angeles, California 90012 on January 20, 2015 at 9:30 a.m.
FEDERAL LAW REQUIRES YOU TO COMPLY WITH THIS SUBPOENA. Failure to comply may subject you to a fine and/or imprisonment.
Signed, sealed and issued pursuant to Rule 232 of the Commission's Rules of Practice by:
___________________ on December~-' 2014 James E. Grimes, Administrative Law Judge
This subpoena was issued at the request ofthe Division of Enforcement, whose counsel in this matter is Amy J. Longo,
444 South Flower Street, Suite 900, Los Angeles, CA 90071 Phone (323) 965-3835, Fax (213) 443-1904
NOTICE TO WITNESS: If you claim a witness fee or mileage, submit this subpoena with the claim voucher.
