Deli Exhibit 5 57-6

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EXHIBITS

Case 2:09-cv-00104-LDG-GWF Document 57-6 Filed 02/04/11 Page 1 of 7

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AO 88B (Rev. 06/09) Subp to Prouc Docts, Inl, or Obects or 10 Perit Ins of Prem in a Civil Action

UNITED STATES DISTRICT COURTfor the

Middle Distrct of Nort CarolinaSECURITIES AND EXCHANGE COMMISSION

Plaintifv.

Deen

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Civil Action No. 2:09-eV-00104lDG-GWFMARCO GUSSOM(If the action is peng in anther distct, stte where:Distrct of Nevada

SUBPOENA TO PRODUCE DOCUMNTS, INFORMTION, OR OBJECTSOR TO PERM INSPECTION OF PREMISES IN A CI ACTIONTo: B8& T Bank, clo Mr. Robert Johnson, Esq., BB& T legal Departent, 200 West Secod Street, Winston-SaleNC 27101

,L Production: YOU ARE COMMANED to produce at the time, date, and place set forth below the followingdocuments, electronically store information, or objects, and peit thei inspetion, copying, testing, or sampling of thmateral: Please se attachment

Place: Securites and Exchange Commission, los AngelesRegional Ofce, 5670 Wilshire Blvd., Suite 1100los Angeles; CA 9036

Date and Time:02114/2011 10:00 am

n Inspection of Premises: YOU ARE COMMED to peit entr onto the designated premises, land, orother prope posssse or controlled by you at the time, date, and loction se fort below, so that the requesting pamay inspet, meaure, suiey, photogrph, test, or saple the propey or any designated object or opetion on it.

I Dat. and Time:PI"".:

The provisions of Fed. R. Civ. P, 45(c), relating to your protectin as a pen subject to a subp an Rul45 (d) and (e), relating to your duty to respond to ths subpa and the potential consetiences of not doin so, arattched.Date: 01/24/2011

CLERK OF COURT

Signatur ofClerl or Depu Cler OR? Attorney's sgnateThe nae, addrss, e-mai, and telephone numbe of the attorneY retig (na of po) Plainti Securis andExchange commissin. ' who is or ~sts ths subp, ar:Pans Wynn, Esq., Senior Counsl, 5670 Wilshire Blvd., Los Angeles, CA 90036, wynp~sec.gov (323) 965456


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AO 888 (Rev. (6) Sii to Pni Doum, Inor or Objcc or to Per Inpeon of Pm in a Civil Acti (Pge 2)Civil Action No. 2:09-eV-00104 LDG-GWF

PROOF OF SERVICE(Tis sen shoul not be fied wit the court unles required by Fed. R. Civ. P. 45.)

Th subpa for (nae afindiviua an tie, if any)was reived by me on (doe)

o I seed the subpa bY deliveng a copy to the named pen as follows:

on (da) ; oro I retued the subp unexecut beus:

Unles the subpa was issue on beh8lf of the Unite State, or one of its offce or agents, I have alstende to the witnes fee for one day's attendace, and the mileae allowed by law, in the amount of$

My fee arS for trvel and $ for seces, for a tota of S 0.00I decla under pelty of peui tht th information is tr.

Date:Ser's signatre

Pried name an title

Serv's adresAdditona informtion regaring atempted sece, etc:


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SUBPOENA ATTACHMNT FOR BB&TSEC v. MARCO GLISSONAccounts ofTHART TIGWONGSATHONG

1. Inctions and Defitions. 1bs subpoena requies the production of certdocuments, as specified in Pargrph IT of ths Attchment. The requied documents areto be produced in accordance with the followig genera requiements:A. You must submit all documents requied to be produced by the subpona tht are

in your possession, cusody, or subject to your control, regardless of whether ornot the documents are in your proxiate, physical possession.

B. As used in ths Attchment, the term "communcation" mean any conversons,conferences, meetigs, correspondence, memorada notes, electronic mail,Internet postgs, Int Messnger messages, telephone convertions, and anyother communcations.

C. As usd in ths Atthment, the term "concerng" mean relating to, referng to,regardig, reflecti, pertg, descrbing, commentig upon, respondig to,evidencing or constutig.

D. As used in ths Atthment, the term "document" mean al materials in yourpossession, cusody or control or subject to your cusody or control, whetherdr or unshed versions, origis or nonconformg copies thereof, howevercreated, produced or stored (manualy, mechancally, electronically or otherwse),and by whomever prepared, produced, sent, dated or received, including but notlited to books, papers, files, notes, miutes, sumares, records, anIyses,correspondence, memorada work papers, ledger sheets, confations, ordertickets, floor tickets, invoices, account. sttements, report, wies, telegrs,telexes, telephone logs, notes or rerds of conversations or meetigs, contrcts,ageements, calenda, date boks, work sheets, invoices, bils, records ofpayment, magnetic tape, tape recordings, disks, diskettes, disk packs, websites, e-mais, intat messages, and other electronic meda, microfilm, microfiche,storae devices, appointment books, diares, notices, and message slips. 1bsdefition includes any inormation in electronic form stored in any computer fie.

E. Production with respect to each document shall include all electronicversions and data fies from email applications as well as from wordprocessing, spreadsheet, or other electronic data repositories applicable toany attachments, and shal be provided in its natie fie format and shallincbide al origial metadata fot each electronic documents or data fie.Productions shall be provided on CD, DVD, or USB eXternal hard drive.

F. As usd in ths Attchment, the term "person" mean any natual peon or anybusiness, legal orgovem~ta entity, or association, foreign or domestc.


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Attchment to Subpoena issued to BB&TJanua 24,201 IPage 2

G. As used in ths Attchment, the term "Account" refers to any accounts in thename of Thidarat Tungwongsathong, Social Securty/lTaxpayer 1.0. Numberincludig without limtation 'accounts at BB&T or any of itspredecessors or succssors; at any and all braches of ths ficial intution; ofevery natue, whether checkig, savigs, trt, or otherwse; and in which any orall such persons or entities are or wee named as holder or co-holder, have or haa beneficial interest, or have or had discretiona control.

H. If the document production contas Ban Secrecy Act matenals, please segregateand label those matenals with the production.i. . The followig rues of consction apply to ths Atthment:

i. The terms "all" and "each" sha be consed as both all and eah;

2. The connectives "and" and "or" sha be consed either disjunctively orconjunctively as necessa to bnng with the scope of the Atthment.alrespnses tht might otherwse be consed to be outside of its scope; and

3. The use of the singuar form of any word includes the plur and viceversa.i. You mus produce the entiety of each and every document described below,without alteration, deletion or obliteration of any inorration contaed therein,even if such inormation is not specifically requested.J. Unless otherwse noted, ths subpoena covers the time penod of January 1,2010to the present.

II. Requied Documents. On the date and tie shown on the atthed subpoena, produce thefollowig:A. For the peod from the openig of the Account to the present, all documentsrelatig to the openig and maitenance of each Account, including withoutlimtation:

1. Signatue cards;2. Accunt openig and closing forms; and

3. Documents and correspondence pertg to the esuiblishment, closing,or matenance of the Account.B. For the perod of January 1,2010 to the present:

1. Depsit slips;


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; ~Attchment to Subpoena issued to BB&TJanua 24, 201 IPage 3

2. Front and back of canceled checks;

3. Withdrawal slips;

4. Debit and credit memorada;

5. Confations;6. Money and secunty tranfers;

7. Receipts and all other supportg documents for purchases of commercial_ papers, cashier's checks, certed checks, ban dr, or money orders;

8. Wire and computer trfers and tranmitt notices;

9. Intrctions to trfer or receive fuds; and

10. Applications for any ty ofloan

C. Al documents relatig to or constitutig correspondence sent to or received fromholders of each Account;D. Verifications of Account balances;

E. Monthy statements for each Account; andF. Al documents relatig to or supportg any of the foregoing.

II. Proviso. Provided, however, that there shal not be produced in response to ths subpoenaany origi of, copy of, or inormation known to have been derived from any recordsmataed by BB&T in relation to an account in the nae of a "customet' other th Ms.Thdat Tungwongsatong. The term "customer" is limted to any individu, soleproprietorship, or parership of five or fewer individuas, or autori representative of thatindividua sole proprietorship, or parership, who utiized or is utiizg any servce of BB&T,or for whom BB&T is actig or has acted as a fiduciar, in relation to an account maitaed insuch individua's, sole proprietorship's, or parership's nae. The term "cusomer" does notinclude: (i) any tr or corporation; (ii) any parership that ha more than five members or thatha as a member any trt or corpration; (ii) any person tht holds an account jointly with anyperson whose records, are otherwse called for by th subpoena; nor(iv) any otherperson, withrespet to any rerds (includig cashier's checks, money orders, and documents maitaed inrelaton to the issuce thereof) not maintaed in relation to an account in the nae of thatpeson~


Deli Exhibit 5 57-6

Documents

Transcript of Deli Exhibit 5 57-6