FBI FILES

Association of Community Organization for Reform Now (ACORN)

Phoenix, Arizona FBI Bureau

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! I

08/22/06 17:54:39 •

Title and Character of Case:

• FD-192A

ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW ACORN

Date Property Acquired: Source from which Property Acquired: I I

07/17/2006

Anticipated Disposition: Acquired By: I

Description of Property: 1C 1

I RESPONSE TO SUBPOENA I I, INCLUDING I

Barcode: I I Location: FGJ UNIT2

Case Agent:

Grand Jury Material (Disseminate only pursuant to Rule 6(e))

Case Number: Owning Office:

I /I I, \ 56C-PX-78762 ( '- t .) PHOENIX Su~ \

~

ICMIPR01 Page 1

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Date Entered

08/22/2006

-

FD-340a (Rev. 11-12-89)

(TItle) ______________ _

lA Envelope Case ID: 56C-PX-78762

! PX 1 ! ORIG NOTES RE L..I _______ ....J

! PX 2 ! ORIG NOTES RE .... 1 _____ ....J

! PX 3 ! ORIG NOTES REI ~--------------------~ -------------------------------------------------------------------------------! PX -------------------------------------------------------------------------------! PX 5 ! 7/21/06 E-MAIL & ATTACHEMENTS RE SUB RESPONSE, .... I __ ~I·

! I I -----------------------------------~-------------------------------------------! PX 6 ! SPREADSHEET OF 53 NAMES OF REGISTRANTS WHO RECEIVED INS

! LETTERS ----------------r---........ -........ - -::...=.,-=--..;:.,;;;-;..::..,;--=-=--.=...:::--~--:..=..,-::...=,-.=...:--:...:...:--:....:..-.::..,:--...:...::--::...:...-:...:--.:,.:--:...:...;--:.:,-.:.:--:.:.,:--:.:..:.:-.:.:--::.-~-- - - - - - -

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• FD-340 (Rev. 4-11-03)

File Number 6& t .., Field Office Acquiring Evidence

Serial # of Originating Document

fK - 7f7& ?- -IA([) Px 4 1

Ce la-tloCe Date Received ; ,

'. From

(Name of Con tributorl Interviewee)

(Address)

By lL ________________ yC_iw_a_Prl_swJr-)------------------

To Be Returned 0 Yes No

Receipt Given D Yes No Grand Jury Material- Disseminate On y Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

D Yes No Federal Taxpayer Information (FT!)

DYes No

Title:

J4co(1fI

Reference: (Conununication Enclosing Material)

7j;:ottJ:iol£.lnoLl.;_ ..... ~_....1Q""'~al notes re jnterview of

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,\To you OJ; u.'>. ."uz,em __ No (fyou che<:ke.i:l NO. do NOT complete this form. Are ;''Ou a et:'l\~credfclc!lf?'U I(ES, dt? t;lOT ccmpItl1e this (o~ vnJass your eMf rights are restored.

tastName

Address wIlere you live (house number. street, apt/unit nUmOOr; if no street address, deSClibe le:sidel"lCa Iocalion uslng nuleage;major cross streets and landtnarl<s). Do ~ot use pc.tollico box or business address.. Draw a map below if toc:ated in rural area...~_~~r~ler s::,'?co' •.

you registered to vota atano1het address? __ Yes Ust the fO!tller address, including county and state

II your !,!"",)e was dlffecent the fast·time you

Voler Oecfaraliorl- By signing below,l swear or affitm that 1he f~owin9ls true; » I run 8 CITIZEN of the UnUed Stales • • )- I am a RESIDENT 01 mona and thl! aoove name<! county. » I wiU beat 1eas118 YEARS OF AGE by ~!»I:"""' ...... _,eleciion }> I am NOT a (X)Il\iCled » J haw NOT been -'~ ..• -... ~ » .

It you are unable \0 can be ccmpleted at yOlJI Olraction. The peison 1M1o assisled you must sign here: Signa)1lreol per,;onassisling; ___ --:-_______________ Oale: ______ _

<Remove tape and lotd 10 mail

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REQUEST FOR CANCELLA TION OF VOTER REGISTRATION

/ ) , DATE: 08--:-CJ-:5 .- 0 y

" equest th~t 'my vot~r registration be canceled and that my name be removed ,from the Voter Registration file.

Effective: Uf( ·08 "-a.tl!..-Oy . .. . .. . .. 7 ;

'----.----'---~~~~~~;.;;~;~;~~~TlON CARD ~f'Janie: ,:-1 ' Mm'icopa County, Arizona !

Helcn Purcell Recorder Address:r;.--:-_____ 'A7'-________ ..J ' I, /~

'-~===-_P:..:.A~R:..:..TY;..:..:,;,...;PN:..:.:DI DOR: 04/2812004 ""btv: ~ State: d'"j ::.,:Z;:,;i.::.p.:..: ===8=:::.::1'--'0:::0:::;6 ~ I! ~ L..,JI='I'ENiIT'IXi1'"",'ii'AZ~8;;;;50iiii06~--- Pate qf Birth: .-AEOINCT: CAMBRIDGE CITY: P4 CON: 4 LEG: 15 SUP: 5 SCHOOL DIST: CREIGHTON ELEM #,14

PHOENIX UNION Signature:

Date received: rlz_r/c { --~~j~~I~-------------

Received by: ~L ________ ..J---

'II!!II-~~,,,,,,,,, .. ,,,,, . ..., >:=--_____ _ I

FD·340 (Rev. 4-11·03)

File Number 5&C-Field Office Acquiring Evidence

Serial # of Originating Document

Date Received 5/to,/(;Cp From

(Name of ContributorlInterviewee)

(Address)

By --JL ____________ L-_____ (C_itr_a_D_dS_lrW-)-------------,--______ __

To Be Returned ·0 Yes

Receipt Given 0 Yes

No

No Grand Jury Material· Disseminate 1y Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

o Yes No Federal Taxpayer Information (FTI)

Title:

o Yes

VNSU73 ) ACOf(.AI

Reference:

No

(Communication Enclosing Material)

Description: ifo'riginal notes re interview of

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FD-340 (Rev. 4-11-03)

File Number r:{&C -Field Office Acquiring Evidence

Serial # of Originating Document

ev(/.,!bc Date Received j

From (Name of Con tributorl Interviewee)

(Address)

By ~L ______________ JL _____ OC_iN_a_n_d_sm_t_ru __ -I--------------------------_________ __

To Be Returned 0 Yes

Receipt Given 0 Yes

No

No Grand Jury Material- Disseminate 0 y Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

o Yes No Federal Taxpayer Information (FT!)

Title:

DYes

UAlSU'Tj '. ACo{(f\})

Reference:

No

, (Communication Enclosing Material)

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• • FD·340 (Rev. 4--11-03)

File Number 5fee - 6<:- 7J'rz 4> ? - rirCtI ), Field Office Acquiring Evidence' __ ...;.Pt_y_K _______________ _

Serial # of Origlnadng ~~ument

Date Received 1 L1 J--/0& --f I

From (Name of Contributor/Interviewee)

(City and State)

By ______________________________________________________ _

To Be Returned 0 Yes No

Receipt Given 0 Yes No Grand Jury Material ~ Disseminate a ly Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

o Yes No Federal Taxpayer Infonnation (FTI)

DYes' No

Title:

Reference:

Description: ~ Original notes re interview of

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(NameofContn1mtorJInterviewee)

(Address)

By __ L-______________ ~I~---ca~[-d-~-~-~----------------------------To Be Returned 0 Yes

Receipt Given 0 Yes ~ ~

Grand Jury Material- Disseminate Only Pursuant to Rule 6 (e) Federal Rules of~al Procedure

02r Yes D No Federal Taxpayer Information (FI1)

o Yes ~NO Title:

Refurenoo: ____________________ ~--------~--__ ------------------(Communication Enclosing Material) ,

Description: o Original notes re interview 0

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FD-340 (Rev. 4-11-03)

r:;tJC -File Number ./ ....

Field Office Acquiring Evidence

Serial # of Originating Document

Date Receriv:..=;ed=--_-"?_""'/=rz==6"'"'tJ=G~t7====:;__---------­From JI....-__ --=---""I~I-:::-.--:----=------

(Name ofContn6utorlInterviewee)

Ct~_) Uek.a ~'i~C.

By

To Be Returned 0 Yes No

Receipt Given 0 Yes No Grand Jury Material- Disseminate On y Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

o Yes No Federal Taxpayer Infonnation (FTI)

DYes

Title:

itto/2-N

Reference:

No

(Communication Enclosing Material)

Description: o Original notes re interview of

Page 1 of 1

From: Sent: Fri 7/7/2006 4:11 PM

To:

Cc:

Subject: RE: Non Citizens

Attachments: ACoRN HiL.I __ ----I

Can I get a copy of the registration forms fori I? Let me know if you need a subpoena, that's no problem. If not, you can fax them to me (no rush, whenever you get to it) at! l For the names listed on the spreadsheet which don't have a batch # noted, does that mean they were definitely not submitted as part of a "Multiple registration form drop-off"?

From: I Sent: T6rh-u~7:-:::/6:-::/2::-::0~06:::--:-4:~19::-:::PM:-:-------------....J To:1 I Subject: Non Citizens

~-.--.--"--... -~- -----------~ -~-----~---. -------- -- --- -~------::~;:"'--::----,:;-----. ~--;:------..--

\ ___ H_~~e's._!~:~':L~~~~tW~lg1k~~g!JQ!dt. yesterqay. __ L~t me klJowjf yql! n,~e.dany additionaLinformation-,--,_ ,

«INS LETTERS with other info.xls»

D [;\taricopa county 'E1tctions f[)epL

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S/oC.- !!'t- 2£:~ rlttl&) ... 7/7/2006

LN.S. LETTER UPDATED ON JUNE 8,2006

DATE NAME BIRTH COUNTRY VOTER I.D.-AFF* BATCH # NAME REGISTERED? VOTED?

4/17/2006 IRAN Y Y

6/812006 UNKNOWN NIA N N

8/25/2003 MEXICO Y Y

8/13/2003 MEXICO Y Y

5/27/2005 HONDURAS Y N

3/412004 UNKNOWN n ACORN Y N

8/2/2005 MEXICO Y N

4/27/2005 TURKEY Y N

8/12/2003 IRAN Y N

3/212005 PANAMA n ACORN Y Y

9/30/2003 GUATEMALA Y Y

2/13/2004 UNKNOWN NIA N N

8/13/2003 UNKNOWN N/A N N

9/24/2003 UNKNOWN N/A N N MOVING AMERICA

1/312005 MEXICO n FORWARD y N

5/15/2006 MEXICO Y N

5/15/2006 MEXICO Y N

5/13/2005 MEXICO Y N

4/17/2006 SCOTLAND Y N

8/25/2003 MEXICO Y Y

3/712006 NIGERIA Y N

8/7/2003 UNKNOWN NIA N N 9/29/2003 UNKNOWN NIA N N

n ' SIGN HERE 9/28/2004 UNKNOWN PETITIONS Y N

7/14/2004 UNKNOWN Y N 12/22/2003 MEXICO Y Y 212312004 BULGARIA Y N

1..---______________________ . ___ . _ .. _

5/26/2005 MEXICO Y Y

5/27/2005 PHILIPPINES Y N

3/26/2004 HUNGARY Y Y

8/22/2005 UNKNOWN NIA N N

5/26/2005 UNKNOWN N/A N N

11/18/2005 UNKNOWN N/A N N

5/2312006 AFRICA Y N

8/15/2003 MEXICO Y Y

8/13/2003 UNKNOWN N/A N N

8/24/2004 UNKNOWN N/A N N

8/24/2004 ELSALVADOR I ACORN & ACORN Y N

11/14/2005 UNKNOWN N/A N N

8/1612005 INDIA Y Y

8/16/2005- INDIA . Y Y

3/30/2006 UNKNOWN Y Y

11/21/2005 TRINADAD Y I Y

8/21/2005 UNKNOWN Y N

10/9/2003 MEXICO Y N

3124/2005 UNKNOWN N/A N N

5/9/2005 UNKNOWN N/A N N

1/4/2005 UNKNOWN Y N

9/6/2005 UNKNOWN Y N

2/23/2006 UNKNOWN N/A N N

2/18/2005 MEXICO ~ Y Y

1/19/2005 UNKNOWN N/A N N

10/6/2003 JAMAICA Y N,

• Fde NtqDber ....,....5}cJ.-:.0~. t~-'--.L-(/..p....)L_----J7:.....!.!.r--l-7~Cz,,--':: .::::;...;}_ ...... .-;.,.l ~~t )'---__ _ FieldOfiiceAcqulring.~dence --I-f.-' +K~~==-_-== ___________ _

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~-1L ______ --~~~~--J----------------ToBeReturned 0 Yes I!f')ro R,eceipt Given 0 Yes g No Grand Jury ~terial-Disseminate Only Pursuant to Rule 6 (e) Federal Rules of Cri~al Procedure

I1J' Yes 0 No Federal Taxpayer Information (FTI) J

o Yes rn No

Title: , , ,

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Reference: _________________________ .....:.:-r:-:,;:;;::·;Ti:~;~,:,::,;;;:,:j . (~cation Enclosing Material)

l'

Description: o Original notes re interview of

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• :,. FD-340 (Rev.4-U-03)

File Number ~6(:....=..&_C_-...L-p~K_-~r;~r-4-7----:;&---=;)~-(-'-1-fl:~U~) _ Field Office Acquiring Evidence Px-Serial # of Originating Document ___ • ...... 1 .... 1 _______________ _

Date Received g:(~(;I07 From

(Name of ContributorlIntetviewee)

(Address)

By --f (t:;ty

ondSlall--__________ _ To Be Returned 0 Yes No

Receipt Given 0 Yes No Grand Jury Material- Disseminate y Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

o Yes No Federal Taxpayer Infonnation (FTI)

DYes No b7C

Title:

Reference: ,II (C~muntmi.cation Enclo~ing Material)

Description: ~riginal notes re interview of

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Are you a citizen of thD United Stales of America? ~P NoD.. BOX FOR OFFICE USE OIlLY

)r~~:~~O~i,~~:~S~~~~!r~:;WS(:p 111~11~li~~~I~IIIIIIIIII~111i1111l1111 .. Are you a con~cled lelon? If YES, do NOT compl&te this form unless your civil rights are restored. .:

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Address whore you live (house number, street, apUunit number, II no street address, describe residence locatlon using mileage, major cross slreets or landmart.s) o . w m below if located in rural area. Include apl. number/trailer space,

Occupation

Are you registered 10 vole al anoUlor address? YesO NoD Not Sure 0 List the rormer address, In~uding coun~ and slate

Voter Declaration ~ By signing below, I swear or affinn that the following Is true: > I am a CITIZEN 01 the Uniled States l> I am a RESIDENT 01 Arizona and llie above named county > I will be at least 18 YEARS OF AGE by the next general e~ction >, I am NOT a convl~ed FELON, or my civil righlS are restored » I have NOT been adjudicated INCOMPEJENT (A,R 14-5101) » W eculing a f\~se regis~aUon b a class

Address where you get your mail, U mail is not delivered to your home

Father's name or mother's maiden nallle

Indian census no. (Op!ion~l)

II )'Our name Vias differentlhe lasllime you reg~lered, list fonner name

If no ~t address draw a map here: c::s ~ N c... ~ /-1

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If you are unable 10 sign the lonn,lhe lonn can be completed at your direclion. The person who assisted you must sign here: S CO) Signalure of person asslsUn,g: Date: , CJ . ,< \:

-'Wai~Ub;iriilblg'~ilng ¢iia'ol'iliOiM"1jiVOiO"NoO .... '''~--... ..... ,--=1-1,., ... ·"'~~···f'·'

<Remove tape and lo!d to mall ... : .......... ;: ............ "" .................. : ...................... : ....................................................... : ......... Remove tape and fold to O'2il ... . I,. , ' , . I .1 . ,

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FD·340 (Rev. 4-11"()3)

FileNumber _~5...;:;:;:...&t..;:;.-.' -~pr{~---,1t.-:::f--l7~t:;:;........4C::.:o-"""'_-~(f1~('l::..-.J:> )~ Field Office Acquiring Evidence __ '+-{;.~K;...." ~. __ , ____________ _

Serial # of Originating Document ~ .... L.,.(,bL.;;;:~ ______________ _

~/fI! ib7 Date Received

From ..... ____________________________________________________ __

(Name ofContributorlinterviewee)

(Address)

To Be Returned 0 Yes

Receipt Given 0 Yes No Grand Jury Material- Disseminate ly Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

o Yes No Federal Taxpayer Infonnation (FTl)

o Yes No

Title:

Reference: (Colllllnlnication Enclosing Material)

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;Y2 7 B r RWISlflOmKVO CM'flJ)OC PAAllOC' REGfS1HO DE VOTANTES DEl ESTADO DE ARIZONA AOCIlUSSCW.1I3f [I w..",~ CtW:3[

FOR U.S. ClTal-lIS OHl v MARICOPA COUHT'fICONOADO J.lARICOPA[ I CW,fliO IX OOIIiCll~ W91:l OC l/Qi.'lUl!.

S·(A-TE. OF ARIZONA VOH:k REGISTRATION

;~t~i~~ts~'.'OOmt: "~,, f~ ~~~~:.[_." ~:::: ....... :::. I - N'H~

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• FD-340 (Rev. 4-11-03)

File Number __ S0~"--"+-~----'. ~, ~...,.7..:;..,' J:.g....,.; 2~6~Z~---:..:;t/.....o:'7_---::.((-=-0_' t!--:l;~l_" Field Office Acquiring Evidence ___________________ _

Serial # of Originating DocumeJit +( _________________ _ f /

.., /0/ ,f./" Date Received l-~. sY/O,r

i

From (Name ofContributorlInterviewee)

(Address)

(City and State)

By

To Be Returned 0 Yes 0 No

Receipt Given 0 Yes 0 No . Grand Jury Material- Disseminate Only Pursuant to Rule 6 (e) Federal Rules of Criminal Procedure

o Y~s 0 No Federal Taxpayer Infonnation (Frl)

DYes. 0 No

Title:

Reference: (Communication Enclosing Material)

Description: 0 Original notes re interview of

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. (Rev. 01-31-2003) .J FEDERAL BUREAU OF INVESTIGATION

Precedence: ROUTINE

To: Phoenix

From: Phoenix Squad C-4

Date: 11/~3/2007

¢rt/-n 1 at: Contact: SA LI ______ ~------------------~

By: 1-------,611 ~ Approved

. V L------~o""v. By: 1 I: khs IZkL

. . I J= ~'I-/

#:Vs6C-PX-78762/ ~Pending) Drafted

Case ID

Title: UNKNOWN SUBJECT (UNSUB); ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) - VOTER REGISTRATION GROUP; PHOENIX, ARIZONA; ELECTION LAWS; 00: ·PHOENIX

Synopsis: To request SAC approval to close the full field public corruption investigation of captioned matter.

Details: This investigation was initiated based on allegations of non-U.S. citizens being recruited to register to vote by members of the Association of Community Organizations for Reform Now (ACORN). ACORN presents itself as a community organization of low- and moderate-income families working to improve housing conditions for the economically disadvantaged, increase community safety, secure living wages for workers, and improve the quality of local schools. .

1 1 advis.~d the Maricopa County Elections Department ln 2005 that he had been recruited to register to vote by members of ACORN, who erroneously told 1 1 that it was permissible to register even though he was not yet a U.S. citizen. County records reflect that ACORN turned in two voter registration forms fori ~ one dated April 28, 2004 and one May 25, 2004. The Maricopa County Elections Department referred this matter to the Public Integrity Section of the U.S. Department of Justice.

I:\khs31781.EC

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) To: Re:

Phoenix From: 56C-PX-78762,

Phoenix 11/01/2007

1 I informed interviewing agents that he was approached outside of the Central Library in Phoenix, Arizona on two separate occasions by young women with clipboards (names unknown). Th~ first recruiter was an American female, possibly of Hispanic or Indian origin. She asked I I whether he was registered to votei he responded not yet, but he was in~t~h~e~ ____ ~ process of becoming a u.S. citizen. The recruiter told~I __ =-____ ~ that it was no problem, he could still register to vote. The second recruiter was a different Caucasian female. When she approached, I I told her that he had already registered a month ago, and that he was concerned because he was not yet a United States citizen. The second recruiter told I I that neither of those things mattered, he should still register with her.

I I, was interviewed. L,I ::--__ ---,::--__ ...1

advlsed that ACORN paid solicitors to contact individuals and register them to vote. ladvised it is not ACORN's practice to solicit non-citizens to vote. During the solicitor training process, they are instructed to first ask if the individuals are b7C United States citizens. It is I I understanding that the solicitors are paid on an hourly basis. Therefore, there would be no incentive to falsify forms or submit mUltiple forms for the same individual. The only exception to this would be if the solicitor was under-producingi ACORN does not have a specific quota for the solicitors, but they do expect the solicitors to produce.

A grand jury subpoena was issued to 1 Iseeking

L....::-~---'I. \ J was ultimatel·~_y~u~n~a-'b~I'e~t~o~J------------------------------~~~---,I

II 1 but provided 1

L-__ ...II. Analysls of 1'--___ ----11 did not provide any useful investigatory leads.

"Project Vote" (ACORN's sister organization) developed the training manual that ACORN used in 2004. Project Vote is a national organization that develops procedures to implement voter registration drives and provides technical assistance to groups running such drives. The training manual includes sections on quality control, fraud packets, and recruitment & training. All canvassers or "outreach workers" are asked to sign anti-fraud statements, which state it is illegal and a federal crime to in

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Phoenix From: S6C-PX-78762,

Phoenix 11/01/2007

any way alter or forge a voter registration card. Page 8 of the recruitment & training section instructs as follows:

The Registration Card • Go through voter registration card line by

line • Have them fill it out • Explain the laws surrounding voter

registration . Don't forget to include the information required for the card to be valid Explain that they must get phone numbers and emails [for quality control calls]

In July 2006, the Maricopa County Elections Department provided a list of S3 non-citizen voter registrants to investigating agent which had been generated by the County Jury Commissioner's Office. Analysis of this list revealed three names which had been registered by ACORN, including I I I I.

During interview I I I recalled that two Spanish-speaking Hispanic women (no further description provided) had corne to the front door of his residence and encouraged him to register to vote. I I told them he was not a U.S. citizen, but that didn't matter to them. I I gave the women his driver's license, and they filled in the blanks on the registration form.

I I told writing agent she attended an informational meeting sponsored by ACORN in 2004, to address local resident concerns regarding the growth of drugs, gangs, and crime in the neighborhood. There was a table set up at the meeting, where an ACORN representative was signing people up to vote. A man, possibly Hispanic (no further description provided), encouraged \ Ito register to vote when she walked by. I I showed the ACORN representative her resident alien card, and told him she was "not a u.s. citizen". The man told her that didn't matteri as long as she had lived in the United states for more than five years, she was eligible to vote.

Therefore, the investigation revealed that it was likely more than just one ACORN canvasser responsible for illegally recruiting non-citizens to register to vote in Maricopa County. The investigation was unable to determine which individual ACORN canvassers collected the registrations for I ~ the individuals at ACORN responsible for storing coples of these applications have stated

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To: Re:

Phoenix From: 56C-PX-78762,

Phoenix 11/01/2007

are no Ion er available. In res onse to a

Several other divisions have opened inquiries and/or investigations involving ACORN and Project Vote in recent years. Most of these cases involve individual "rogue" canvassers submitting fraudulent voter registration cards in order to increase their compensation from ACORN. Some of the registrant name/address information was completely fabricated; some was repetitive of those already registered; some were minors; some deceased; and some were non-citizens. A draft Intelligence Bulletin recently received from CID concludes that ACORN's. employment practices perpetuate fraudulent voter registration. ACORN hires temporary workers known as "canvassers" who solicit individuals to register to vote. Numerous canvassers from ACORN chapters across the country have fraudulently completed voter registration forms. Most cases revealed that canvassers are typically hired on a part time basis and are paid at an hourly rate; they must collect 20-25 voter registrations per day. If a canvasser does not consistently collect a minimum number of registrations then he or she is fired. In some 2004 voter registration drives, ACORN provided additional compensation for canvassers who submitted registrations above and beyond a certain amount, thereby providing further motivation for submitting fraudulent voter registrations.

Clos'ing

On November 2, 2007, the writing agent spoke with Assistant U.S. Attorney Gary Restaino, who is also the local Department of Justice District Election Officer (DEO). Given the results of the investigation, the local U.S. Attorney's Office is in agreement that this case is not prosecutable. Reasonable investigative avenues have been pursued, and the allegations which led to the opening of this investigation are reasonably unverifiable. Based on the above, it is requested that SAC Phoenix approve the administrative closing of the full field public corruption investiga t i,2!!...E.~ C:;!l'l..t.;i,oo~'kt.t.eJ:....-..-.. .- £C f-

On November 2, 2007, AUSA Restaino instructed the \ writing agent to destroy all evidence. Accordingly, evidence item lCl should be d~trOyed. ~ _____ -"~"""'-----

All subfiles in this matter should also be closed .

••

4 I:\khs31781.EC

• ~.

FD-340 (Rev. 4-11-03)

File Number ---"1.......:;..5G;~-=~::....::...:-~~~/Y.:.-.---:1~~:....:::;~~~--'---....t.L"""""'tJ. __ ({~·{ ) ___ Field Office Acquiring Evidence __ f>r-....:.b....::::;;.;:e::...:ru:......:;;;...!:i:......><~ _________ _

Serial # of Originating Document _....;OL==-' __ ---.:\(-.,;:3;..,,~.;.;:;..~s:..:'-i:.::;.,.:::.6_)'__ ______ _

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.. . .~. '. (Rev. 01-31-2003) • FEDERAL BUREAU OF INVESTIGATION

Precedence: ROUTINE Date: 06/13/2006

To: Phoenix

From: Phoenix Squad 18 Contact: SA I~ __________________________ ~

Approved By:

'---____ ~---I~ 1(fYv

Case ID

By: 1 I: khs t~1 ((5?'1{p~ --~

#: 56C-PX-N£W (Pendlng)

Drafted

Title: UNKf:\JOWN SUBJECT (UNSUB) i ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) - VOTER REGISTRATION GROUP; PHOENIX, ARIZONAi ELECTION LAWS; 00: PHOENIX

Synopsis: To request SAC approval to open a full field public corruption investigation in captioned matter.

Enclosure(s): June 3, 2005 correspondence from AUSA Gary Restaino to Phoenix Division, attached May 11, 2005 correspondence from Maricopa County Recorder Helen Purcell, April 27, 2005 correspondence from Elections Director Karen Osborne, two voter registration forms fori I, two Multiple Registration Form Drop-off Information forms, and Request for Cancellation of Voter Registration form for 1 I.

Details: In May of 2005, Maricopa County Recorder Helen Purcell forwarded correspondence to Noel Hillman, Chief of the Public Integrity Section, Criminal Division, DOJ. Purcell enclosed correspondence from Karen Osborne, Maricopa County Elections Director, which reported the following:

April 27, 2005 To Whom It May Concern:

1 1 advises our office that he was asked to register to vote by members of a Voter

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To: Re:

Phoenix FroJit Phoenix 56C-PX-NEW, 06/13/2006

Registration Group. He was told that it was permissible to do so even though he was not a citizen.

Our file reflects that a group known as ACORN turned in two voter registrations fori Ito our office. One dated April 28, 2004 and one May 25, 2004. He became concerned about the propriety of his registration and asked us to cancel his voter registration on August 25, 2004. He never voted nor attempted to do so.

During the last election cycle there were many groups gathering voter registrations on a profit basis. The workers asking people to register were paid by the number of registrations they obtained.

While I was not present and do not have first hand knowledge of the conversation between I I and the person who convinced him to register to vote I can attest to the facts presented above.

Respectfully, /s/ Karen Osborne Elections Director

Also enclosed were copies of the following:

Re istration Form # dated 04-28-04, for

Phoenix, Arizona 85006, DOB t§l~p~oD~-llllIDb~ j Ii date-stamped received by Maricopa County Department of Elections (MCDOE) on June 17, 2004, at 4:56 p.m., number I I Re istration Form # dated 05-24-04, for

Phoenix, Arizona 85006, DOB , telephone number I I; date-stamped received by MCDOE on June 22, 2004, at 4:33 p.m., number I I

MCDOE Multiple registration form drop-off information form dated 6-17-04, date-stamped received by MCDOE on June 17, 2004, at 4:38 p.m., number I I, naming I l ACORN (Group Name of Voter Registration Drive), 1018 West Roosevelt St., Phoenix, Arizona, 85007, telephone number I L purportedly signed byl land Elections Staff Member

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Phoenix Fro~ Phoenix 56C-PX-NEW, 06/13/2006

~ ________ ----II, containing hand notation "376 Reg Counter MCTEC"

MCDOE Multiple registration form drop-off information form dated 6-22-04, date-stamped received by MCDOE on June 22, 2004, at 4:30 p.m.i number I I, naming I L ACORN, 1018 West Roosevelt St., Phoenix, Arizona, 85007, telephone number I L purportedly signed byl land Elections ~S~t-a~f~f~M~e-mb~e-r~

I L containing hand notation "589 CNM Ctr MCTEC"

Request For Cancellation of Voter Registration form # L dated 08-25-04, for I

L PhoL.e-n~i:-.·x:O-· ,~A=-r---:-i-z-o-n-a----::8:-:5=-0=-0=-=6-, --=D~O:-=B::---I ~---------rl.i~d:-a~t-e---s~t:-a-m-p--e~d receYied b MCDOE on August 25, 2004, at 3:41 p.m., with Voter Identification Card, numbeu/ attached

Interview of

On November 14\ 2005, SA~ __ -= ____ ~ ______ ~ interviewed '-"" ____ --:-______ ---....... at his J2lace -JIDJp.1 QY-ffi.EillJ:_,-ACQRN , located at 1018 West Roose;velt .... S_tx_~~J:-.1 Ph9.enix, Arizona, 85007 i this FD-302 was sent to a 56C-0 file. The content of noted interview is as follows:

ladvised he has been/employed with ACORN since r-----------Io-,I'. ~-..I..,;.;..;.;...,I noted 1 I, was working for ACORN, and she was the individ~al who recruited and hired him. I I noted I I quit working for ACORN approximately Ir------,

1 1 ago. 1 1 advised his current title is 1 1 I· 1

1

commented that 1 1 is 1 1 1 and he is 1 I. 1 1 noted he is also I~-------~~~~~~------~~~-~L He stated that in that position he is in charqe of 1 1

I 1 advised that after being hired by ACORN, hre~ __ , primarily I during the I I election drive. IL...-__ ----I stated that although ACORN's election drive was to sign individuals up to vote, he did not directly solicit anyone. ~ __ ~I commented that ACORN has three offices in metro Phoenix, one in Mesa, one in Glendale, and one in Phoenix. All the forms for all the locations were sent to 1 I.

~~~Iadvised ACORN had paid solicitors who were contacting individuals and getting them signed up to vote.

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To: Re:

Phoenix FroJit Phoenix 56C-PX-NEW, 06/13/2006

1 Ijob was to take those forms, do the required data entry, and submit the forms to the County for processing. 1 1 noted the data entry and form validation was being done byl I I I and 1 I. 1 1 advised the form validation was done by tak~i~n-g--a---r-a-n~d~o-m~sampling of the forms and calling the individuals to verify that they had signed the form.

~ ____ ~Iadvised it is not' ACORN1s practice to solicit non-citizens to vote. He stated that during the solicitor' training process, they are instructed to first ask if the individuals are United States Citizens. They are not required to ask for identification, they simply took the individuals at their word. I I noted it was up to the solicitor to verify

.citizenship as he had no way to do it once the forms were turned in to him.

Iwas shown the two voter registration forms which were submi~t~t-e-d~forl I. 1 ladvised he did not recognize the name. 1 Iwas asked if ACORN had a system in place to prevent against duplicate registrations being turned in for the same person. I Jstated they did not. He commented that if during the data entry phase they felt they had seen the name before, they could go back and check it, but this was not done for every form. b7C

~ __ ~Iwas asked how the solicitors were paid and if there was some type of incentive for solicitors to submit multiple or fraudulent forms. I I stated it was his understanding that the solicitors were paid on an hourly basis. Therefore, there would be no incentive to falsify forms or submit multiple forms for the same individual. I Inoted that the only exception to this would be if the solicitor was under­producing. 1 1 commented that they did not have a quota for the solicitors, but they did expect the solicitors to produce.

1 Iwas shown the two Maricopa County Elections Department (Multiple registration form drop-off information) forms which were submitted along with the registration forms for

confirmed it was I I signature on the ~------~--L--ra~ain stated that it was a ortion of his 'ob at

~ __ ~Iwas asked if ACORN1s records would show which solicitor (or solicitors) had turned in the forms for I I. I I stated their records were paper records cataloged in boxes by month of registration. He noted it would be a time consuming process, but he could find the name of the solicitor(s). Writer

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Phoenix Fro~ Phoenix 56C-PX-NEW, 06/13/2006

requested~I __ r-~I~I~o~cate the information and contact writer once it is located. I advised he would.

Follow~up with ACORN

On. December 27, 2005, the Phoenix United States Attorney's Offi~e opened a file in this matter and assigned it to Assistant United States Attorney (AUSA) Gary M. Restaino, who is also the local Department of Justice District Election Officer (DEO) .

SAl Itransferred out of the Phoenix Division in March of 2006~.--~T~h-e~writing agent discovered the I IFD-302 in April of 2006, and thereafter spoke with AUSA Restaino regarding this matter.

On May 10, 2006, the writing agent attempted to re-interview I !. I I stated he was not authorized to discuss this matter any further with the FBI, and referred SAl Ito

1 On that date, SA 1 1 spoke to I I I

I. 1 1 has held ~t~:h~:l~S~P~O~S~l~c~l~o~n~s~l~n~c~e~I---------------TI.--r-I-----~Il~n~d:icated that the way in which 1 1 had described his FBI interview to her, she was under the impression that ACORN was awaiting further b6

instructions from the FBI. SAl lagain requested ACORN b7C records reflecting which solicitor(s) had turned inl~~ ____ ~ registration forms. I I stated that any such records would be stored at ACORN's sister organization, PROJECT VOTE, which is headquartered in New York. SA I I informed I I that I~ __ ~ told SAl lin November of 2005 that ACORN's records were cataloged in boxes locally, and that ~hOU9ht he could find the name of the solicit9r(s) therein. stated that I I was mistaken, any such records would have een shipped to PROJECT VOTE in 2004. I Iwas shown the two voter registration forms fori l as well as the two Maricopa County Elections Department "Multiple registration form drop-off information" forms which reflect I I name and lists ACORN as the Voter Registration Drive group. I I sent e-mail correspondence to PROJECT VOTE regarding the FBI's request, and promised to call SA I I with a status regarding the solicitor(s) information within the following week.

SA I I attempted to contact I I by telephone on May 19, 2006i SAl I has not received any return phone calls from I I.

On June 9, 2006, AUSA Restaino issued a subpoena to ~ __ -J~ generally seeking ~I __________________________________________ ~

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To: Re:

Phoenix Fro~ Phoenix 56C-PX-NEWI 06/13/2006

I. SAl Ion Friday June 9, 2006 to

Iwent tol serve the subpoena, but I

SAl I returned on Monda June 12, 2006 1

again out of the office; was unable '-----,:-T ....... --....,

by telephone. SA left a business card with b6 .--___ ---l~ __ ................. on June 12, 2006, and told I I she b7C

would return the following day at 10:00 a.m. to deliver something to I I. On June 13 1 2006 at 8 :00 a.m., SA I Ireceived a telephone call from 1 1

1 I. I I agreed to accept service of the subpoena by facsimile on that date.

Phoenix Division's Consultation with Public Integritv Section/USAO:

Consultation with the u.s. Department of Justice (DOJ) 1

Public Integrity Section l Election Crimes Branch is required before FBI full field investigations are initiated in all Election Law matters. FBI participation in such investigations must also be approved by FBI headquarters.

AUSA Restaino informed SAl I that Craig C. Donsanto l

Director of DOJ's Elections Crimes Branch 1 contacted him directly to request that this matter be investigated; AUSA Restaino is thus proceeding 1 as Mr. Donsanto has already concurred. Mr. Donsanto has indicated that if the ACORN solicitor was aware that foreign citizens could not register to vote in u.s. elections (note: the registration forms clearly state in bolded letters that the voter must be a u.S. citizen) 1 that solicitor willfully caused lito violate Title 18 USC 1 § 1015(f) 1 Falsely Claiming u.s. Citizenship to Vote/Register to Votel which is a felony. Given the fact that 1 1 contacted the Maricopa County Registrar at his own initiative l removed his name from the b6 registration lists l and did not vote, Mr. Donsanto does not b7C believe I I is personally culpable under 18 USC § 1015(f) 1

and would not endorse prosecution of same. However 1 Mr. Donsanto is very eager to pursue prosecution of any incidents of solicitors willfully causing non-citizens to violate Title 18 USC 1 § 1015(f).

On June 8 1 2006 1 the writing agent contacted SSA r---------~~~~'I at the Public Corruption Unit (PCU) bye-mail and advised him of the above potential voter registration fraud investigation. SSA 1 1 is the PCU point of contact with the DOJ for all election laws matters. SSAI 1 has concurred with Phoenix opening a full field investigation of the above.

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Phoenix Fro~ Phoenix 56C-PX-NEW, 06/13/2006

Based on the above predication, it is requested that a full field public corruption investigation of captioned matter be b6

opened and assigned to SA I ~ b7C

7

'j

111 South 3rd Avenue

Phoenix, Arizona 850()3-2281

Phone: (602) 506-3535

Fax: (602) 506·3273

Maricopa County Office of the Recorder

May11,2005

Noel Hillman Chief, Public Integrity Section Criminal Division, United States Department of Justice 1400 New York Ave., N.W., 1ih Floor Washington, DC 20530

Dear Mr. Hillman,

Helen Purcell - Recorder

At the recent EAC Board of Advisors meeting in Boston, you and I discussed a recent incident involving a voter registration problem. I am enclosing a packet of information on the specific occurrences with a statement from Karen Osborne, who is employed by me as the Director of Elections for Maricopa County.

As you requeste.d, this packet of information is being sent by Fed Ex. Please contact either myself or Ms. Osborne for any questions you might have. Ms. Osborne can be contacted at 602-506-1528 and my direct line is 602-506-3629. Thank you for your attention to this matter.

8]1 ~~.

/ Helen Purcell { Maricopa County Recorder

RECEIVED MAY 1 3 2005

PUBliC INTEGRITY SECTION

5 to -PI --;;;1& 2-

Apri127,2005

To Whom It May Concern:

I ladvises our office that he was asked to register to vote by members of a Voter Registration Group. He was told that it was pennissible to do so even though he was not a citizen.

Our file reflects that a group known as ACORN turned in two voter registrations for Mr. r------,Ito our offic;:e. One dated April 28, 2004 and one May 25, 2004. He became concerned about the propriety of his registration and asked us to cancel his voter registration on August 25, 2004. He never voted nor attempted to do so.

During the last election cycle there were many groups gathering voter registrations on a profit basis. The workers asking people to register were paid by the number of registrations they obtained. '

While I was not present and do not have first hand knowledge of the conversation betweenl I and the person who convinced him to register to vote 1 can attest to the facts presented above.

Respectfully,

~.~ "\

Karen Osborne Elections Director

b7C

(Rev. 01-31-2003) • • I FEDERAL BUREAU OF INVESTIGATION

Precedence: ROUTINE Date: 06/21/2006 '\.

To: Phoenix Attn:

From: Phoenix

Rotor Squad 18

Squad 18 Contact: SA

~--------~~------------~

Approved By: I~ ____________ ~

Drafted By: /

Case ID #:~6C-PX-78762/ (Pending)

Title: UNKNOWN SUBJECT (UNSUB);

b7C

ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) - VOTER REGISTRATION GROUPi PHOENIX, ARIZONA; ELECTION LAWS; 00: PHOENIX

Synopsis: To request sub-files be opened in captioned matter.

Details: On june 21, 2006, the Special Agent in Charge, Phoenix Division, authorized the opening of a public corruption election laws investigation surrounding allegations of solicitors willfully causing non-citizens to register to vote during voter registration drives.

In order to organize captioned matter in a more efficient manner, it is requested that the following sub-files be opened:

• • • •

••

Sub-File:

302 SBP RC AUSA

/1'J-fl tv

Containing Serials:

"302s & Inserts" "Subpoenas" "Record Checks" "AUSA Correspondence"

bG

4-

,;, '

.;~ .',' t • u.s. Depart40f Justice

United States Attorney District of Arizona

Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 850tJ4-4408

(602) 514-7500 FAX: (602) 514-7693

June 23, 2006

Acting Supervisory Special Agent .... 1 ____ ..... Federal Bureau of Investigation 201 East Indianola Phoenix, AZ 85012

Re: Our File No. 2005R09731 Investigation ofl .... _____ ----I

Dear Agent 1-1 _----I

As you are aware, testimony and other information received by the grand jury in the above­captioned investigation may be disclosed to you pursuant to Rule 6(e)(3)(A) of the Federal Rules of Criminal Procedure, which provides in pertinent part:

Disclosure otherwise prohibited by this rule of matters occurring before the grand jury, other than its deliberation and vote of any grand juror, may be made to ...

(ii) such government personnel (including personnel of a state or subdivision of a state) as are deemed necessary by an attorney for the government to assist an attorney for the government in the performance of such attorney's duty to enforce federal criminal law,

In connection with the disclosure of this information, however, please be advised that Rule 6(e)(3)(B) provides:

Any person to whom materials are disclosed under sub-paragraph (A)(ii) of this paragraph shall not utilize that grand jUrY material for any purpose other than assisting the attorney for the government in the performance of such attorney's duties to enforce federal criminal law .

An attorney for the government shall promptly provide the District Court, before which was empaneled the grand jury whose material has been so disclosed, with the names of the persons to whom such disclosure has been made and shall certify that the attorney has advised such persons of their obligation of secrecy under this rule.

This rule requires that you not disclose documents, exhibits, testimony or any other matter occurring before the grand jury to anyone other than the Assistant(s) on the investigation and other law enforcement personnel who have been listed on the Rule 6( e) disclosure notice.

b6 b7C

Pursuant to the above-quoted requirement, your name will be supplied to the district court as an individual to whom disclosure will be made. If other agents or personnel are assigned this case, you must provide this office with the names of those persons so that their names can be reported to the court and they must be advised of their obligation of secrecy.

~r, • • • Letter to Agent .... 1 _---' JlUle 23, 2006 Page 2

If you have requested issuance of a grand jury subpoena, it is your responsibility to see that the subpoena is properly served and that the following is promptly conveyed to my secretary:

1. Return original subpoena with "return" section properly executed.

2. Indicate date served, name of agent serving, and date and nature of any compliance by the witness.

3. Indicate any failure of the witness to comply with the subpoena requirements by the requested date.

Each time a subpoena duces tecum is requested, you are to also:

1. Indicate whether the witness has complied with the subpoena by voluntarily turning the requested material over to you in lieu of appearing before the grand jury.

2. Upon taking custody of the evidence (unless Right to Financial Privacy Act material) you are to compile an inventory in writing, provide a copy to my secretary and maintain a copy in your file.

3. If Right to Financial Privacy Act material is involved you are to deliver the material to the grand jury secretary for return to the grand jury. If you wish to review the material before it is returned to the grand jury, you must obtain approval from the Assistant U.S. Attorney assigned to the case. If approval is granted, arrangements must be made to eventually make the return of the records to the grand jury. After the materials are returned, the grand jury secretary will release the material to you at which time you are to inventory the material as specified above.

If you have any questions, please call me. Please keep this letter in your file for reference.

GRlrgz

Sincerely yours,

PAULK. CHARLTON United States Attorney District of Arizona

~~l GARY RESTAINO Assistant U.S. Attorney

b6

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• In Reply. Please Refer to

FileNo. 56c-Px-78762 ..... 1

• U.S. Department of Justice

Federal Bureau of Investigation

Phoenix, Arizona 85012 July 17, 2006

UNKNOWN SUBJECTS (UNSUBS)i ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN)

- VOTER REGISTRATION GROUPi PHOENIX, ARIZONA;

ELECTION LAWS

In May of 2005, Maricopa County Recorder Helen Purcell referred information which she had received from the Maricopa Cou~ty Elections Department (MCED) to Noel Hillman, Chief of the Public Integrity Section, Criminal Division, U.S. Department of Justice (DOJ). I I advised the MCED in August of 2004 that he had been asked to register to vote by members of a Voter Registration Group. These solicitors told I I on two occasions that it was permissible for him to register to vote, even though he is not a citizen of the United States. ~CED records reflect that a Voter Registration Group known as II ACORN II turned in two voter registrations for I I, dated April 28, 2004 and May 25, 2004. Multiple registration form drop-off records maintained by MCED reveal that ACORN employee I I turned in both of I I registration forms.

On November 14, 2005, Special Agent I interviewed I I at the AC·~O:-=RN~-o-f=f"l"'i-c-e---;i~n---Phoenix, Arizona. I I is currently I I

I 1-_ ........ _~_"'I""':'---,~I._.:.:A:.=f..;::t..;::e=.r--=b..;::e:.:i~n:..oa..,q hired by ACORN in I I, L::-,~---II prlmarlly I I during the c::J election drive; he dld not directly solicit any voters. ACORN also employed solicitors who were tasked with contacting individuals and registering them to vote. 'ob was to

form validation, which was done by taking a random sampling of the registration forms and contacting the named individuals to verify that they had in fact signed them.

~_~I advised it is not ACORN's'practice to solicit non-citizens to vote. He stated that during the solicitor training process, they are instructed to first ask whether the

b6

• • UNSUB: ACORN

individuals are United States Citizens. I stated it was his understanding that the solicitors were paid on an hourly basis. ACORN did not have a quota for it's solicitors, but they did expect them to "produce".

On June 21, 2006, Special Agent .... 1--=---:-_-:--:--___ ...... interviewed I I, who advised he was approached outside of a local library on two separate occasions by young-women with clipboards (names unknown), who were registering people to vote. The first time, UNSUB 1 asked I I whether he was registered to votei he responded not yet, but he was in the process of becoming a United States Citizen. UNSUB 1 told him that was no problem, he could still register to vote, so he filled out the registration card and gave it to her. I I was approached by a different female with a clipboard

(UNSUB 2) about a month later, outside of the same library. I I told her that he had already registered a month ago, -and that he was concerned because he was not yet a citizen. UNSUB 2 told I I that neither of those things mattered, he should still register with her. I I thereafter filled out another registration form, and gave it to UNSUB 2.

I I later received notification from Immigration and Customs Enforcement (ICE) about his pending citizenship application, and that his voter registration was a problem. I I went to the MCED Office in August of 2004, and cancelled his voter registration. I I application for citizenship was thereafter denied, in April of 2005.

In June of 2006, Assistant United States Attorney (AUSA) Gary M. Restaino informed SAl I that Craig C. Donsanto, Director of DOJ's Elections Crimes Branch, had previously contacted him to request that this matter be investigated. Mr. Donsanto has indicated that if the UNSUB ACORN solicitors were aware that foreign citizens could not register to vote in U.S. elections, then those solicitors willfully caused I Ito violate Title 18 USC, § 1015(f), Falsely Claiming u.s. Citizenship to Vote/Register to Vote. Mr. Donsanto indicated that DOJ is eager to prosecute any incidents of solicitors willfully causing non-citizens to violate Title 18 USC, § 1015(f), which a felony.

On June 21, 2006, the Special Agent in Charge, Phoenix Division, authorized the opening of a full field public corruption investigation in captioned matter.

2*

b7C

(Rev. 01-31-2003) • • FEDERAL BUREAU OF INVESTIGATION

Precedence: ROUTINE Date: 07/17/2006

To: Criminal Investigative Attn: Public Corruption Unit Room 3975

From: Phoenix Squad 18

SSA I SSA~. __________________ ~

Contact: SA~I __________________________ ~

Approved By: I ~

Drafted By: I l:khs~~7

Case ID #: '6C-PX-78762 ~ (Pending)

Title: UNKNOWN SUBJECTS (UNSUBS);

b7C

ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) - VOTER REGISTRATION GROUP; PHOENIX, ARIZONA; ELECTION LAWS; 00: PHOENIX

Synopsis: To advise FBIHQ-PCU of the opening of a full field investigation in captioned matter.

Enclosure(s): One original and two copies of Letterhead Memorandum.

Details: On June 21, 2006, the Special Agent in Charge, Phoenix Division, authorized the opening of an election laws investigation surrounding allegations of solicitors willfully causing non-citizens to register to vote during voter registration drives.

Predication for opening a full field investigation is detailed in the enclosed LHM.

b7C

b7C

To: Re:

Cr~minal Invetllgative From: 56C-PX-78762, 07/14/2006

LEAD(s) :

Set Lead 1: (info)

CRIMINAL INVESTIGATIVE

AT WASHINGTON, DC

Phoenix •

For information of PCU. Read and clear .

••

2

• u.s. Depart. of Justice

United States Attorney District of Arizona

Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408

(602) 514-7500 FAX: (602) 514-7693

Special Agent in Charge John Lewis Federal Bureau ofInvestigation 201 East Indianola Phoenix, AZ 85012

Re: Our File No. 2005R09731 Investigation oflL. _____ ---I

Dear Agent Lewis:

June 23,2006

As you are aware, testimony and other information received by the grand jury in the above­captioned investigation may be disclosed to you pursuant to Rule 6(e)(3)(A) ofthe Federal Rules of Criminal Procedure, which provides in pertinent part:

Disclosure otherwise prohibited by this rule of matters occurring before the grand jury, other than its deliberation and vote of any grand juror, may be made to ...

(ii) such government personnel (including personnel of a state or subdivision of a state) as are deemed necessary by an attorney for the government to assist an attorney for the government in the performance of such attorney's duty to enforce federal criminal law.

In connection with the disclosure of this information, however, please be advised that Rule 6( e )(3)(B) provides:

Any person to whom materials are disclosed under sub-paragraph (A)(ii) of this paragraph shall not utilize that grand jury material for any purpose other than assisting the attorney for the government in the performance of such attorney's duties to enforce federal criminal law .

An attorney for the government shall promptly provide the District Court, before which was empaneled the grand jury whose material has been so disclosed, with the names of the persons to whom such disclosure has been made and shall certify that the attorney has advised such persons of their obligation of secrecy under this rule.

b6 b7C

This rule requires that you not disclose documents, exhibits, testimony or any other matter occurring before the grand jury to anyone other than the Assistant(s) on the investigation and other law enforcement personnel who have been listed on the Rule 6( e) disclosure notice.

Pursuant to the above-quoted requirement, your name will be supplied to the district court as an individual to whom disclosure will be made. If other agents or personnel are assigned this case, you must provide this office with the names of those persons so that their names can be reported to the court and they must be advised of their obligation of secrecy. f A {)~

~ 2-1 ~t!..-

:5tC-f j- 7J7focJ-, -1 ~ ::1fL.

• • Letter to Agent Lewis June 23,2006 Page 2

If you have requested issuance of a grand jury subpoena, it is your responsibility to see that the subpoena ~s properly served and that the following is promptly conveyed to my secretary:

1. Return original subpoena with "return" section properly executed.

2. Indicate date served, name of agent serving, and date and nature of any compliance by the witness.

3. Indicate any failure of the witness to comply with the subpoena requirements by the requested date.

Each time a subpoena duces tecum is requested, you are to also:

1. Indicate whether the witness has complied with the subpoena by voluntarily turning the requested material over to you in lieu of appearing before the grand jury.

2. Upon taking custody of the evidence (unless Right to Financial Privacy Act material) you are to compile an inventory in writing, provide a copy to my secretary and maintain a copy in your file.

3. If Right to Financial Privacy Act material is involved you are to deliver the material to the grand jury secretary for return to the grand jury. If you wish to review the material before it is returned to the grand jury, you must obtain approval from the Assistant U.S. Attorney assigned to the case. If approval is granted, arrangements must be made to eventually make the return of the records to the grand jury. After the materials are returned, the grand jury secretary will release the material to you at which time you are to inventory the material as specified above.

If you have any questions, please call me. Please keep this letter in your file for reference.

GRlrgz

Sincerely yours,

PAULK. CHARLTON United States Attorney District of Arizona

\-\ (' ~j ~.~ \~'\,,---

GARY RESTAINO Assistant U.S. Attorney

·~ • In Refer to 0

78762//

U.S. Department of Justice

Federal Bureau of Investigation

Phoenix, Arizona 85012 November 13, 2007

ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) ~ VOTER REGISTRATION GROUP;

ELECTION LAWS

This investigation was initiated based on allegations that a non-U.S. citizen was recruited to register to vote by members of the Association of Community Organizations for Reform Now (ACORN). 1 1 advised that members of ACORN told him that it was permissible to register even though he was not yet a U.S. citizen. County records reflect that ACORN turned in two voter registration forms for 1 I. I I informed interviewing agents that he was approached on two separate occasions by different women with clipboards (names unknown) . The first recruiter asked 1 Iwhether he was registered to vote; he responded not yet, but he was in the process of becoming a U.S. citizen. The recruiter told 1 Ithat it was no problem, he could still register to vote. When the second recruiter approached him, 1 1 told her that he had already registered a month ago, and that he was concerned because he was not yet a United States citizen. The second recruiter told

1 Ithat neither of those things mattered, he should still register with her.

ACORN staff advised interviewing agents that it is not ACORN's practice to solicit non-citizens to vote. During the solicitor training process, the solicitors are instructed to first ask if the individuals are United States citizens.

A grand jury subpoena was issued to L J seekinq

"Project Vote" (ACORN's sister organization) developed the training manual which ACORN used in 2004. The training manual includes sections on quality control, fraud packets, and recruitment & training. Page 8 of the recruitment & training

b6

@ rl'\7

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents are not to be distributed outside your agency.

I: \khs31782. LHM

-,

ACORN

section instructs as follows:

The Registration Card -Go through voter registration card line by line -Have them fill it out -Explain the laws surrounding voter registration Don't forget to include the information required for the card to be valid

In July 2006, the Maricopa County Elections Department provided a list of additional non-citizen voter registrants to investigating agent; analysis of this list revealed three names which had been re:istered by ACORN including I ~ I ~ I. During interview,

Irecalle that'two Spanis -speaking Hispanic women (no further description provided) had come to the front door of his residence and encouraged him to register to vote. I I told b7C them he was not a u.s. citizen, but that didn't matter to them.

1 1 told writing agent she attended a meeting sponsored by ACORN, to address concerns regarding the growth of crime in the neighborhood. A man, ossibly Hispanic (no further description provided), encouraged to register to vote as she walked towards the exit. s owed the ACORN representative her resident allen card, and told him she was "not aU. S. citizen". The man told her that didn't mat'ter; as long as she had lived in the United States for more than five years, she was eligible to vote.

The investigation revealed that it was likely more than just one ACORN canvasser responsible for illegally recruiting non-citizens to register to vote in Maricopa County. Investigation was unable to determine which individual ACORN canvassers collected the registrations for I

I; in response to a subpoena, I

I.

On November 2, 2007, the writing agent spoke with Assistant u.s. Attorney Gary Restaino, who is also the local Department of Justice District Election Officer (DEO). Given the results of the investigation, the local u.s. Attorney's Office is in agreement that this case is not prosecutable. Reasonable investigative avenues have been pursued, and the allegations

2

• ACORN'

which led to the opening of this investigation are reasonably unverifiable.

This investigation has been submitted to SAC Phoenix for approval of the administrative closing of captioned matter.

3*

(Rev. 01-31-2003) • FEDERAL BUREAU OF INVESTIGATION

Precedence: ROUTINE

To: Crimiggl Investigative Attn:

Date: 11/13/2007

Public Corruption Unit Room 3973 .. SSA I I and Election Crimes Program Coordinator SSA

From: Phoenix Squad C-4 Contact: SA~I ______________________________ ~

Approved By' : ~ Drafted BY" i i7hS~7 Case ID #: 56C-PX-78762~('ending) Title: UNKNOWN SUBJECT (UNSUB);

ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) - VOTER REGISTRATION GROUP; PHOENIX, ARIZONA; ELECTION LAWS; 00: PHOENIX

Synopsis: To advise FBIHQ-PCU of administrative closing of the full field investigation in captioned matter.

Enclosure(s): One original and two copies'of Letterhead Memorandum. ~

Details: This investigation has been submitted to the Special Agent in Charge, Phoenix Division, for approval of the administrative closing of the full field public corruption investigation in captioned matter.

Criteria for closing the full field investigation, including a prosecutive opinion supporting same from the assigned Assistant U.S. Attorney, is detailed in the enclosed LHM.

I:\khs31783.EC

To: Re:

Criminal Invetltgative From: 56C-PX-78762, 11/13/2007

LEAD(s) :

Set L!i!ad 1: (l\.ction)

CRIMINAL INVESTIGATIVE

AT WASHINGTON, DC

Phoenix

SSA I I and the current Election Crimes Program Coordinator at·PCU are requested to review the enclosed LHM and forward a copy to Director Craig C. Donsanto, Elections Crimes Branch, Public Integrity Section, Department of Justice.

++

2 I:\khs31783.EC

b7C

,

Special Agen~ I Federal Bureau of Investigation 201 E. Indianola Avenue Phoenix, Arizona 85012

U.S. Departm.f Justice

United States Attorney District of Arizona

Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix; Arizona 85004-4408

oL Novembeif, 2007

Maill: (602) 514-7500

8'h Floor FAX' (602) 514-7450

Re: US v.1 I (ACORN voter registration case) USAO Number 2005R09739

Dear Agentc=:J

This letter is in reference to the grand jury investigation into the allegations that an Arizona advocacy organization registered legal non-citizens to vote during the 2004 election cycle. This case was opened by this Office as a result of an inquiry to the Public Integrity Section of the Department of Justice in Washington, DC by Maricopa County Recorder Helen Purcell, the state elected official charged with processing voter registrations in Maricopa County. During the investigation the FBI interviewed three legal non-citizens who had been registered to vote by representatives of the Association of Community Organizations for Reform Now ("ACORN"), in addition to certain employees of ACORN in Arizona. The FBI also issued grand j ury subpoenas fori ~ You were ultimately unable to ascertain the identities of the individual or individuals who actually registered the legal non-citizens to vote. We therefore concur with your closure of your case file and will close our case as well.

At the outset, this letter describes the general nature ofthe allegations. This case involved allegations that non-citizens registered to vote, not that non-citizens actually voted in any election. Furthermore, each of the three non-citizens identified in the investigation who registered to vote were legally present in the United States. As a result, and based on direction from the Public Integrity Section, the investigation never focused on the registrants as subjects or targets. Indeed, it is clear from the interviews ofthe registrants both that they received false information from the ACORN representative(s), and that the registrants were victimized by the receipt of false information, given the potential immigration consequences for them of registering to vote as non-citizens. The County Recorder has since removed the names of each of the three registrants from the voter rolls.

The investigation did establish that during the 2004 election cycle, ACORN conducted voter outreach and registration efforts, in some cases in combination with other grassroots advocacy efforts. ACORN brought completed registration forms to the County Recorder, accompanied by a form entitled "Multiple registration form drop-off information". The initial individual subject of the investigation wasl I

r:r :;(PC / fx - 7 f7 fe;L -/ 3

b6

Letter to Agentc::::::::J November 1,2007 Page 2

• I I because he signed the registration drop-off fonn on behalf of ACORN. I I however, did not actually fill out the registration forms for the registrants, and the County forms do not require the identification of the actual registration-gatherer.

As a result, you sought that information directly from ACORN; ACORN, however, had not preserved the records identifying the registration-gatherers. i You made a valiant attempt to cross-reference to

provided in response to the grand jury subpoena, but

Accordingly, we are left with an unidentified subject or subjects who falsely informed three Arizona legal non-citizens that they could lawfully register to vote. Without an identified subject, and in the absence of evidence to prosecute ACORN as an entity, we will accordingly close our case file and decline prosecution.

DECLINATION APPROVED:

d#el~~ HOW p,RD SUKENIC Deputy Chief, Group IT

Date

Sincerely yours,

DANlEL G. KNAUSS

\ L Assistant United States Attorney

iTheoretically, ACORN might be charged with obstruction of justice for its failure to preserve the information, but your interview with ACORN's attorney does not establish any scienter on the part of ACORN. Rather, this appears to be a case of sloppy off-site storage policies rather than any concerted effort to destroy evidence of false registrations. Furthermore, nothing in ACORN's training manuals would indicate any ambiguity about the requirement of citizenship status prior to registration, and, at least in Arizona, ACORN paid its registration­gatherers on an hourly rate rather than through the piece-rate "bounty" system that is more prone to fraud.

b6 b7C

• RE: Restaino, Gary (USAAZ) [Gary.Restaino@usdoj.gov]

Sent: Tuesday, February 05, 2008 1:21 PM

To: .... 1 _____ ----1

~ 'l Page 1 0 f 2t;~

~~:~ ~"7~ i i.

" 11 a ;t , ~ 1; ~ 1 ~ !.'\

I' 1 -----------------------------------------------------------------.~ ,

We should be fine - I just wanted to lay it out for him so he doesn't come back asking us to start it back up again i ~ without new facts. t~ , :,~

, .' . -, ,.~ ' .. ". ,

From: I I Sent: Tuesday, February 05,20089:58 AM To: Restaino, Gary (USAAZ) Subject: RE:

Hi Gary-

Looks good, let me know if you need anything further. .

-I., f, ':; 11 I ~

!Ii jC,".,~ W""'~ ~ S .;. ~ r ,~ Lit '-::=======-____________________________________ .~J ,~~ . ~ t

From: Restaino, Gary (USAAZ) [Gary.Restaino@usdoj.gov] Sent: Monday, February 04, 2008 12:46 PM To:1 I Subject: FW:

FYI - Craig Donsanto wanted info on our ACORN case.

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From: Restaino, Gary (USAAZ) . -, .'" .... '~,', ~," Sent: Monday, February 04, 2008 12:35 PM t ~ To: Mitchell, Cynthia ?, ,

Subject: FW: ~ :~

The Arizona ACORN case was closed on November 1, 2007 due to our inability to identify the solicitors who inducedl"~ '" three legal permanent residents to register to vote. Each of the three persons was lawfully present in the United ,,~J;

States, and none of the three actually voted. Further description is set out below: , 'Ii , ~

This case involved allegations that non-citizens registered to vote, not that non-citizens actually voted in any i '~ election. Furthermore, each of the three non-citizens identified in the investigation who registered to vote were legally, present in the United States. As a result, and based on direction from the Public Integrity Section, the investigation ~ never focused on the registrants as subjects or targets. Indeed, it is clear from the interviews of the registrants both ~ ~ that they received false information from the ACORN representative(s), and that the registrants were victimized by the' ~

, receipt of false information, given the potential immigration consequences for them of registering to vote as non- I f.

citizens. The County Recorder has since removed the names of each of the three registrants from the voter rolls. 1':\ The investigation did establish that during the 2004 election cycle, ACORN conducted voter outreach and ,sl

registration efforts, in some cases in combination with other grassroots advocacy efforts. ACORN brought completed t ' registration forms to the County Recorder, accompanied by a form entitled "Multiple registration form drop-off i·'* information". The initial individual subject of the investigation was the person who signed the registration drop-off t ~ form on behalf of ACORN. That subject, however, did not actually fill out the registration forms for the registrants, i 4i and the County forms do not require the identification of the actual registration-gatherer. "'~

,r, As a result, the FBI sought that information directly from ACORN; ACORN, however, had not preserved theb7c

} '" f' :' ~-&- '7~'1~ ;;;:%~

1 2/5/2008 ,. ~-----------------------------------------------------v~k> ~:

\ I ·Page20f2 ~

{ .~, • RE:". ~

~ I . , records identifying the registration-gatherers. The FBI made a valiant attempt to cross-reference to I .-~

rovided in res onse to the rand' sub oena, but ~<b ~ Accordingly, we are Ie WIt anl'--~

unidentified subject or subjects who falsely informed three Arizona legal non-citizens that they could lawfully registeri: ~ to vote. Without an identified subject, and in the absence of evidence to prosecute ACORN as an entity, we ~ ~ accordingly closed our case file and declined prosecution. t r

(Theoretically, ACORN might be ~harged with obstruction of justice for its failure to preserve the information,t;j' but an FBI interview with ACORN's attorney does p.ot establish any scienter on the part of ACORN. Rather, this l . i app.ears ~o be a case of sloppy o~f-sit.e storage pOlicie.s :ather than any con~ert~d effort to de.str~y evidence of false W registratIOIis. Furthermore, nothmg m ACORN's trammg manuals would mdlcate any amblgUlty about the , .., requirement of citizenship status prior to registration, and, at least in Arizona, ACORN paid its registration-gatherers t·<fl on an hourly rate' rather than through the piece-rate "bounty" system that is more prone to fraud.) t ~

Gary Restaino Assistant U.S. Attorney (602) -514-7756

From: Donsanto, Craig Sent: Monday, February 04,2008 12:26 PM ,To: Restaino, Gary (USAAZ) Cc: Mitchell, Cynthia Subject:

Gary Restaino - -

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t : ~ ~

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;'f. I am sending this message to you as the District Election Officer for the District of Arizona. t i

. t ~ As you may already know, the Public Integrity Section maintains a list of all pending election fraud investigations and~ , cases, which it uses to keep track of the progress of such matters and to respond to various statistical needs. It is f'~ important that the current list be updated before the 2008 election cycle proceeds any further so that closed matters can" ! be removed and the description of pending ones made current. . II Attached is the portion of this list that pertains to matters that our records demonstrate re currently pending in your 'fi, i ~ District. Would you please take a moment to look over the attachment and advise us of any matters on it that may be I i closed, the reason why any such matter was closed, and the current status of any matters that remain open. • "

1 : These updates should be sent directly to Public Integrity's Cindy Mitchell, G)'.l1thi~,mjt_9.hen@usdoj.gov

Thank you for your help.

Craig, C. Donsanto Public Integrity February 4, 2008

1

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2/5/2008 ~ '1 ~t

b.6i.

FY2005 ARIZONA: Maricopa Co. (2004-ACORN Registration Fraud) Maricopa Co. Recorder advised PIN of an identified agent of ACORN, the voter registration group that paid its agents piecework to produce voter registrations. The ACORN agent approached a voter and told him he could register to vote although the voter told the A~ORN agent he was not a citizen. If the agent was aware that foreign citizens could n,ot register to vote or vote in U.S. elections, then that agent would have wilfully caused the voter to violate 18 U.S.C. § 1015(f). Preiinrlnary investi ation. (Opened 5/20/05) DBO advised PIN that on November 14, 2005, SA as able to interview I I from ACORN. advised that he is I Ifor-the organization. He acknowledged that ACORN had engaged in voter registration efforts during the 2004 election cycle, and that ACORN paid solicitors an hourly wage to contact prospective voters and register them to vote. He further advised that ACORN trained solicitors to verify citizenship of prospective registrants through an oral inquiry. did not actually engage in solicitations himself; rather, he I I ;.a....-.,.a~d:-vl':"""· s-ed-;-:";"th-jt':'""p-a-p-er-

I r-e-co-r""';d-s -re-:-ta-:in-e~d;-::b""'y-A':""C~O~RN~s~h-o-u~ld;-r-efl~e-c"":"t7.th-e"""

name ofthe true solicitor. offered to voluntarily provide the paper records as to the non-citizen at issue, but to date he has not done so. (Updated 2/20/06) The investigation remains open, but DEO has run into the problem that ACORN has not kept accurate records to match particular registration with a specific solicitor. Agents have identified a total of three legal non-citizens who were registered to vote by ACORN representative in 2004, but the voter registration cards at issue only rester the identity of a managerial ACORN employee rather than the individual solicitor. One registrant has been interview twice, and confirms that unidentified ACORN representative knowingly registered him to vote and ensure him that it was proper to register as a non-citizen. Agent will endeavor to find the other two registrants and interview them. (Updated 9/26/06) DEO advises that they are still trying to identify the registration solicitors in the absence of detailed record keeping by ACORN. (Updated 12/4/06)

DEO: Gary Restaino (602)514-7756 Gary.Restaino@usdoj.gov

Special Agent .... 1 _____ .....1

Federal Bureau of Investigation 201 E. Indianola Avenue Phoenix, Arizona 85012

Re: DO] Investigation Request

Dear Agentl I:

u.s. Departm.of Justice ,

United States Attorney District of Arizona

Tlvo Rellaissallce Sqllare 40 North Cell/rai Avelllle, SlIite 1200 Phoellix, Arizolla 85004-4408

June 3,2005

Maill: (602) 514-7500

8'h Floor FAX: (602) 514-7450

Per my voice mail message, the Public Integrity Section at DOJ has requested an investigation into voter registration activities, specifically with respect to the activities of a paid solicitor who allegedly knowingly solicited a non-citizen to register to vote. Enclosed please find the information received from the Maricopa County Recorder's Office, via DOJ.

Please give me a call to discuss at your convenience. My direct line is (602) 514-7756.

Sincerely yours,

PAULK. CHARLTON United States Attorney

is 'ctOf~,---M M. TAINO

Assistant United States Attorney

5~L - fi- i I'7td-I'7'"

FEDERAL BUREAU OF INVESTIGATION FOIPA

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