Honorable William Pauley III U.S.

District Judge - SDNY 500 Pear Street New York, NY 10007 Subject: Request for the court reconsideration regarding calling Adam Szubin of OFAC to testify in Chichakli trial Reference: United States v. Richard Chichakli, Case# 09-Cri.-1002 (WHP) Your Honor In light of the recently received material and which were previously withheld by the government, the defendant in the above referenced case is respectfully submitting to the court for reconsideration of his two previous requests to call Adam Szubin, the head of the Office of Foreign Assets Control (OFAC) to testify before the court in the above reference trial. The 3500 material received in connection with the testimony of the DEA Senior Investigator Mr. Monica; and which referenced as 3513B and 3513C revealed that statements and testimonies by Adam Szubin of OFAC were used before the grand jury for the purpose of obtaining the indictment against the defendant in the above referenced matter. As such Mr. Szubin is believed to posses directly related knowledge and material about Samar Air transaction which is on trial in this case. The defense also re-assert the fact that Mr. Szubin; the requested witness, have in-fact received communication directly and specifically related to the transaction from Samar Airlines, and from Aventura, as well as from the law firm representing them; and whom all are parties to the transaction. Furthermore, the recently received 3500 hundred material also revealed that the government had indeed used documents from the civil case that was brought by Chichakli against the government in 2006; and which document was PRECLUDED by the court at the request of the prosecutor on the ground of being "Unrelated." Thus; given for the fact that the material was in-fact used by the prosecutor, it is obviously related and it should be equally made available to the defendant for the purpose of cross examination and impeachment of witnesses. IN THE INTEREST OF JUSTICE, EQUITY, DUE PROCESS and FOR THE PURPOSE OF ATTAINING FAIR TRIAL AT EQUAL BASIS Defendant is humbly requesting that the court reconsider its previous ruling concerning the exclusion of documents from the 2006 Chichakli Civil Case against the government, and the denial of the defense request to call Adam Szubin to testify. Both the testimony of Mr. Szubin and the document used in Chichakli's 2006 legal action against the government are directly related to the case on trial now, they are related, and they were both used by the government in preparing its case against the defendant. Respectfully submitted Richard Chichakli, (Pro-Se) Defendant