To: Sir Auric Goldfinger who wrote (10288 ) 1/3/2003 10:59:36 AM From: Kevin Podsiadlik Read Replies (1) | Respond to of 19428 PLMD again. Did people think the DoJ had just gone away? Memorandum to All Liberty Employees From: Samuel Shanaman Interim Chief Executive Officer PolyMedica Corporation Re: Interviews of Liberty Medical Supply and Liberty Home Pharmacy Employees By Government Investigators Date: January 2, 2003 ________________________________________________________________ As many of you are aware, the United States Attorney’s Office for the Southern District of Florida, along with the Federal Bureau of Investigation and the Office of Inspector General of the Department of Health and Human Services, are investigating PolyMedica Corporation’s subsidiaries, Liberty Medical Supply, Inc. and Liberty Home Pharmacy, Inc. I have met with the governmental agencies conducting the investigation, our company’s legal counsel continues to meet with them, and we are cooperating with them and are fully committed to this process so that the investigation can be completed as soon as possible. We understand that in the next stage of the investigation, the investigators will contact some of our employees to arrange for interviews. We expect that the number of employees contacted will be relatively small, and have agreed that the investigators may contact those employees directly. If you are contacted, it is our strong desire that you fully cooperate with the federal investigators and that, if you agree to meet with them, you answer their questions completely and truthfully. We encourage your assistance in the investigation, and I personally assure you in the strongest possible terms that there will be no retaliation by anyone in the company if you participate in an interview. If you are contacted, you may request to have an attorney represent you during the interview, and the investigators have agreed that they will delay the interview until you have had an opportunity to obtain an attorney. If you would like to consult with an independent attorney at the company’s expense, then you should contact Bruce Udolf or Theresa Van Vliet at the law firm of Ruden McClosky in Ft. Lauderdale, Florida at (954) 764-6660. The Ruden McClosky firm does not represent the company. The company will pay for any discussion you have with either a lawyer in this firm, or one obtained through them, to prepare for your interview as well as for any time he or she spends representing you at the interview. It is entirely appropriate for you to seek the advice of an independent lawyer, if you so desire, and no adverse inference will be drawn, nor will any adverse action be taken, by either the government investigators or the company based upon your request to consult with an independent lawyer concerning the interview. The attorney representing you will be under no obligation to report any information to the company or to our own attorneys unless you agree to such disclosure, including whether you actually were interviewed at all. Further, you do not have any obligation to report any information concerning these interviews to the company. You may keep any discussions that you have with either the investigators or your attorney confidential. If an investigator contacts you, we encourage you to ask to see official government identification before sharing any information. The government has agreed that they will schedule interviews at a mutually convenient time, either during paid work hours or at another time convenient for you. Unless there are extraordinary circumstances, they will contact you initially by telephone, between Monday and Friday and before 8:30 p.m., to schedule the interview. They will call you either at home or at the company. The investigators also have agreed that they will not ask you to produce any documents from Liberty, nor will they ask you about any conversations you may have had with the company’s attorneys. You should not disclose any conversations that you may have had with our attorneys, nor should you volunteer to provide any company documents to the investigators. The investigators will make any request for additional documents from the company through the company’s counsel. As you know, the company’s policy is to preserve all of its records, and its document preservation procedures remain in effect. The federal government also may issue grand jury subpoenas to some individuals during the course of its investigation. This is a normal procedure in federal investigations, and, again, we urge your cooperation in responding to a subpoena if you receive one. As with the interviews, if you receive a subpoena and would like to consult with an attorney concerning your appearance, we will pay for an attorney to represent you in connection with the subpoena and your testimony at the grand jury. In the past four months I have met many of you and have learned a lot about how we conduct our business. I am proud of our company and everyone in it. I very much believe that it is in our best interest to do all that we reasonably can to help the investigators learn more about our company and to cooperate in the investigation. I strongly encourage you to help in this process. If you have any questions at any time regarding this process, please contact Jim Foxworth, Assistant Vice President of Human Resources, at (772) 398-5809 or Robyn Klinger, our Associate General Counsel, at (781) 933-2020 ext. 197.