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U.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to. New York, New York 10278. File No. 46B-NY-266736 February 21, 2003 PERCY SUTTON; ET AL; FRAUD AGAINST THE GOVERNMENT-U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT This case was predicated on information received regarding allegations of misuse of funds by<PERcy E SUTTOW>at the ApOLLO THEATER lQcated at 253 W. 125th Ssreet. New York, New. York. Over the years the Aporlo has received city, state and federal funding to be used in the renovation and operation of the theater. The central allegations included the non-payment of profits to the APoLLo from sUrroN's production company, INNER CITy Pronucrions, and the default of several government loans and grants. During this time period the APOLLO THEATER was owned by the EMPIRE STATEDEVELOPMENT CORPORATION and was leased to the APOLLO..THEATERROUNDATLON... The captioned matter was investigated jointly by the New York Office and the New York State Attorney General's Office. b6 As of June 4, 1999, the Southern District of New York, Assistant b7C United States Attorney. was waiting for documents from New York City regarding the APOLto THEATER. On February 20, 2oo3, the writer contacted the Southern District of New York and was advised that Aus Nas no longer. b6 with the United States Attorney's Office. A query was conducted b7C by the Southern District and there was no record'of an active case involving PERCY SUTTON or the APOLLO THEATER. Due to the re-alignment of investigative priorities of. the New York Office Government Fraud Squad, this matter is no longer considered a priority in the New York Office. Investigation of this matter will be pursued by the New York State Attorney General's Office. Accordingly this matter is- being closed by the New York Office. OPLOADED WI' TEXT. WITH OuT TEXT BY