EFTA00183407

r t EFTA00183407 RA. JOSEPH R.ATTERBURY JACK A. GOLDBERGER JASON S.WEISS - Road Ceo 'Hied Co ififinal lal Mot my / Member of New lersey R norm:. Bars July 21, 2008 AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 SENT A FA IMILE Re: Jeffrey Epstein Dear Ms. Enclosed please find a Motion For Return of Property that I filed in Mr. Epstein's state case. Out of abundance of caution, I am providing you a copy of the motion. Ple advise me as to what your position is on this matter. dberger G/na nclosure One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 f 561.835.8691 wwwagwpa.com EFTA00183408 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA CASE NO.: 2006CF009454AXX DIVISON: "W" vs. JEFFREY EPSTEIN, Defendant. DEFENDANT'S MOTION FOR RETURN OF PROPERTY COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney, and moves this Honorable Court to enter an Order for return of property seized on October 20, 2005 during execution of a search warrant at the Defendant's residence. In support thereof the Defendant states as follows: 1. On October 20, 2005, the Palm Beach Police Department executed a search warrant at the Defendant's residence. During the execution of the warrant, numerous items of the Defendant's personal property were seized and impounded by the Palm Beach Police Department. A copy of the search warrant return is attached to this motion (Exhibit A). 2. On June 30, 2008, the criminal charges arising from the search warrant were resolved through a negotiated plea agreement. 3. No legal justification exists for the continued impoundment of the Defendant's personal property. The Defendant is entitled to the return of all personal property listed in Exhibit A. WHEREFORE, the Defendant, JEFFREY EPSTEIN, respectfully requests this Honorable Court to enter an Order for the return of his personal property. EFTA00183409 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was sent via FAX and U.S. MAIL to Lanna Belohlavek, Esq., Assistant State Attorney, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 2.\ a day of July, 2008. ATTERBURY, GOLDBERGER & WEISS, P.A. 250 ustralian Avenue South, Suite 1400 W Palm Beac Florida 33401 (56 65;-8300 J BERGER, ESQUIRE Flo Bar Number 262013 EFTA00183410 •.• PROPERTY y EVIDENCE I IDEN1743TATION NUMBER DATEITIME RECOVERED 0 3 '-M BEACH POLICE DEPARTMEN PROPERTY RECEIPT SEARCH WARRANT RETURN 0 DECEASED (Probated) 0 PERSONAL OWNER / VICTIM'S NAME 1 D.O.B. BPEOAL INSTRUCTIONS MA. QUANTITY VALUE I . 0 0 4- ' • • DETOT BUREAU • • 0 CONFISCATED 'O DEST9oY 0 STOLEN/RECOVERED . DINNER PROPERTY NUMBER Mee Bide ADDRESS ADDRESS 3515 Et. r;tzt/k.. . ADDRESS ABEECRIPTION Nelp BIN NUMBER BeavalBillic)10 PHONE NUMBER PHONE NUMBER EXHIBIT ft N o 5 FOUND PROPERTY. GLAIR 0 Nor aim 12j.1 :".7.14004fo..,i..i:Aily,• 4 ... •i•-•1S :4,.. nie isrikcticrAL:::',4647). • • 64t f-hyri.eick*40/2./7 cifrnie (ie. yr--4 :-•;-,r,-1,-.)::-2- • • ..A7l,e7:A.i;i; : ; : a -; i c 1(.:•• k ip -, ilitiOlA Ai" P .frfi;001 -'04. .41actr i@* 5/;.k . .• . . 1. . . . ; ' efri )7? 64 .. fle.in-7 . e,.. r 4 ._I i a .,..? .C‘_ei4.- ,-4 ')/ • a t,..;" .. ticf.i.j. -)i) 112 1riltt7 -; . . • . ' • l- afxrd-k4 S ,-.-. .4,--r--:;-L-4 •.-t.i - : ' i1671-:Winot et). . . . . Ai); tl . i t,;e2:: jog tre e . ,r'' e' l • ' f r.O? I14/4 . ..71 .. fr clin."'"' TOTAL PACKAGE WEIGHT • I hereby acknowledge that' theabove list represents ell properly taken from me and that I have received a copy of this receipt. sollysk BIGNATURE . . RECEIVED BY • abairaph Roc-arc the off; inventorrcontaihd a true. detail account of the authOrity.of thiswarrant I. hereby acknowledge that the above Est represents-all properly kyspoirded • . by me In the Shale' performance of my duly as o pollee coder. . . . . . 11.(S tY2' Sworn .to '.and .subscribed .bef this 2 j day of OP Ober -2Cia5* ' DATE/TIME RECEIVED. • • ed, do swear that• the above y taken• by me, under . Ric OILIM A &A by Whom this-warinnt the EFTA00183411 • ' a tat'. •"" • PO 152 I MA BEACH POLICE DEPARTMEI) /A€L•oZ OF • re., DETECTIVE BUREAU PROPERTY RECEIPT SEARCH WARRANT RETURN O PROPERTY O FOUND Q DECEASED (Probated) 0 PERSONAL 0 CONFISCATED O DESTROY 0 EVIDENCE. )21 TRIAL ' 0 IMI3ORATORY O STOLEN/RECOVERED ' OTHER INCIDENT/CITATION tilt/BREA 6 . O 5. 3 6 Ø DATE/IIME RECOVERED . /0' .... /5 PROPERTY NUMBER (Laws Bath) . c 11,.? L I BIN NUMBER 'Caws mania ..."- ADDRESS WHERE PROPERTY IMPOUNDED S G7 6L - rill b • DISCOVEREUBY/D.D.B: ADDRESS • Steel CIry 4 0 PHONE NUMBER . OWNER / VICILIS NAME / Dp.B. .) • I . ADDRESS • Snot CIO' . ZIP . PHONE NUMBER ECTI.S.NAME/D -20—r 7 t ......., S 4rn in ADDRESS Sao! r, 3 9?) E t. 131-2( ao . .. O PHONE NUMBER AD RiaLle / .0/ 3ti • ) . 2p . . . • • - • • ...... PHONE NUMBER • • • • SPECIAL INSTRUCTIONS . . . v.,. ..... • ' ' . . . 1 7U. ' : - 'FOUND . . .. . PROPERTY . cialmO NOT CLAIM O • mom. QUANTITY %wag . • . . : I. ISECRIPTION 2-4-. • if ti- '. .. - • • • .r - .. 1Z • , .. .fr4 . . .. rt)- ill • . 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" ... 7,iqi; .tbreattl i :.;e1 -: ic.c.)n. .- a • • --,-tra ...A0Y.. ,-;, •2-,,, 7 w_ ..i, : ' ( /7, (i ty,//ip .:es,,,:,N., f,,-- sivist...) • . / 4 cuitir .(b-4•:icict. . t f'4:::I re? -L itgl. 6. .Y°;:i: • }.d.° i:le:-.c. 7hi'i' ' : .. `TOTAL PACKAGE WEIGHT . • . • . . • •• : . ..• /2•LeildotinH• '. . Ihmegkiammatedg elhal thaabovo ail repamnisil property taken ' front me and•that I halrooelved a copy of this receipt ' • .• . . . •• • . • . .- • . I heuxibyaoknowledgo thol the above Rat repfeser;ell property bt.into him official performance of my duty as a police oil kik Oita Impounded loot. '. I • ... .. °1 SIGNATURE. . .. • .DATE' • • ' •SIGN • LIRE IIIF • RECEIVE/at/ DATE/I-NE RECEIVED :. ••••.: . • ..044MIPIP/14 .... • • ' . ' : . .. . .. ... • .. • . . . .. . . • - . . kr . . . - . . . . • •• • • % • • ,.. -.. . • ' .'. . ' ' .- • • . ,•.-. . . ..... . .. • • . • . nt EFTA00183412 $ .e ...LM BEACH POLICE DEPARTMEI PA- O - 3 of 6 PRETWEgig DETECTIVE-BUREAU O Pii6PERTY• O FOUND O DECEASED (Probated) 0 -PERSONAL O CONFISCATED , CI DESTROY • )ill EVIDENCE ca TRIAL . LABORATORY . O 6113LEN/REpOVERED O OTHER :( • CI Ei ' INCIDENT/CITATION NUMBER aH„,,,_.3.6g DATEMME RECOVERED /t)-076- o PROPERTY. NUMBER (Leave sleek) oS-ioati . BIN NUMBER (Leave Bland . ADD ERE PROPERTY IMPOUNDED 2 _7 ri-6n] - h . - . DISCOVER Bytaos. . ADDRESS SLIM . a a. • PHONE NUMBER ON/EA / VICTIM/3 wit i D.O.B. ADDRESS stoat PM . 20 . PHONE NUMBER - SPSPEDT'EHAME ! D.O.B. 0/- ;rf: 20-C ? Fir ADDRESS • 5 5• EL-13TZ SINN . . Zip - O PHONE NUMBER irsifjA • • - . • • a . • - . • • • ' • • . PHONE NUMBER • • • SPECIAL INSTRUCTIONS, • ' . • - l - • . ,FOUND . . -. . • '."' 1 - . PROPERTY CLAIM C.I • NOT CLAIM O ITEMT 'OUANnTY VAL .. 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' • le Pik r • 2.elirtki .. : • ..;•"-4, 41- 7, 'i': •:'::: i v . : Z'4•'• • - i • . ." :21*(5 • teraVrAir-;geTURP4S , . . ''rai it.i c- - 49041.: 64i ty?e,. • • . -. . ‘'. c :fr4c..h;:4r • .1 )• • . . - • . . .., . :fr.i to - on: - 4 - ;r4 rerf c :'e..2 11 - . ':?..: SP.' Ztt) ii .•/C afi ::. . zei ;:ie . f C• • r • - ' • 7. , .. . (..b:5;:gi,,,,••7 .: • : - ti'l- :t.. e 6 ce . .I4.,NNs .z5:- 14n • .Ge...A.. • • iT •. . . . ... TOTACPAaKAGEVEICiHT • I : " ' Nesi ko<a<t v• I hereby acknowledge I al the above Hsi represents all property taken - horn mo rid that I have received a copy of ihisrecelpt: • I hereby acknowledge byres in the official that inn above list represents all property. impounded periounance el my duty as a police °Ulcer. • •_7: 16 . l) SIGNATURE LATE siGNAT RE ' , IINI • • , •U It.. :-.4 RECEIVED BY ' . REASON • . DATE/TIME RECEIVED . • - . . .- . : • ••• . . . • t • • . . • . . . ... .• .. . . ,. EFTA00183413 •. • % .4" 44:1r • 4 PBPD Fiona:* . .LM BEACR.POLICE DEPARTMEI PROPERTY RECEIPT . . • ae /tot,6 • DETECTIVE BUREAU 0 PROPERTY 0 FOUND 0 DECEASED (Probated) 0 PERSONAL 0 CONFISCATED 0 DESTROY JPEVIDENCE y eRTRIAL OLABORATORY 0 STOLEN/RECOVERED 0 OTHER A kr: IDENTMITATION Nuo tr) '. GtE? DATEMME RECOVERED . ,?0-05 - /0 PROPERTY NUMBER (Leave Blank) g,..5,,ita_g.. , BIN NUMBER (Loavo Blank) ADDRES MIER . TROPERTY 2 IMPOUNDED 5 F • CI grd/o• DISCOVERED BY/DAB. ADDRESS City Zlo PHONE NUMBER OWNER'S NAME/ DAB.' ADDRESS. . co a PHONE NUMBER SUSPECTS NAME/MO r .ht 1 e• tt litieWt 5 Dp PHONE NUMBER .. . D.0 B. • ikg.h. ADORES ' t . . .. • .. . • v • • • -- PHONE NUMBER spapw. NSTRUCT1OM ' • • .: - 'POUND PROEFITY'. CLAIM iiO DAYS. '• ' NOT OSAIMb : ITEM, -QUANTITY VALuE. ...TaA...,. - -: - ESCRIPTION 4 c.• fk - • •' ''-• . r6 n 4. • itink. P w id it f ir She IREetttil .. 1. . .. . • • ... . . v C .. hi iiec 4 et. sp ex— ; ki• • - , .• 4 t er •• , ' .. 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TOTAL PACKAGE WEIGHT - ' 1 !lenity acknowledge that the above Net represents at property taken ' .. horn me and Thal I have received a copy of the receipt. in• I hereby acknowledge that the above BM rapresChts by me In the official performance of my duty as a pOke all property Impounded officer. • SIGNATURE • DATE SIG itTU ICH ' RECEIVED BY . REASON DATE/TIME RECEIVED • • • •• EFTA00183414 ...catty vs, „ . • 0 PROPERTY 7"74 .--......t. 0 FOUND ' -0 DECEASED (Probated) UPERSONAL 0 CONFISCATED • O DESTROY . EVIDENCE \yel TRIAL 0 LABORATORY 0 STOLENIFIO3OVERED 0 OTHER • k; ct to INCIDENT/CITA Ni. g 06 Y. DATEMME RECOVERED /1)- a 0 .o_s￾PROPERTY NUMBER (Leave Mirk) . 6,6_ io L.1 • , •-•• BIN NUMBER (tanner* • ADDRESS Whig, RUROPERNIMPOUNDE0L. , BeY £L.- brt\ \D. • • Pahl%) 6eack-... . . . . DISCOVERED BY//O/D.O.B. • . ADDRESS Street • . ay . -- . ERNE NUMBER ' OWNER'S NAME mom, . ADDRESS 1 Street • Cie• PHONE NUMBER ' SUSPECTS NAME/ D.O.B. 01--Z)-,516DREEIS Sirin .ri noie fr Sweet cny a - 352t, to-a?' 110 PHONE NUMBER . •• AD Ill.. SUSPECT/ we..., • ' . . • ADDRESS • SIMI City Zet. • .. PHONE NUMBER SPECIAL INSTRUCTIONS • • P :. • 1 ' . `F0UND :PR0PERTY. CLAIM ID ., ,NOT CLAIM ID / ITEM-f'. corIANTrry• VAL9E• - • ' ''' .RESCRIPT . - • ..:: sge • PAWP 0,:.(Of i.. 4 , C. P IA- # 5" 3•> 941 . A: .."--- 11; • :r fit i Prory, a -1.4.c ri I' istr k 1.1 c :itk&LN 4.e.tvi . • 5 s • f ltsi-Sakev 1 --, 1 ""." —r-:' , ..v: .- -'• — . • ; -• .-...u., . CD - ..i.tkuvA-. . - . Al 5*-g-57 -Proryi ar(1 , . • . -- • -;• ' . ..• I. . ‘.. :` .: ; .nc :P . . ki4 . .- •• • • Peack : lein-PcSot le -Pot kilt. grit+ ,_ •• I.4. • . • • ....• . . . . • . . .. . .... .... . • • • • - • •.,i • ..• . . , . • . . - - • . , . - ... . . .. • - • QZ11124-1 • ,.. - - - . .. . :. .. • • teal, • TOTAL PACKAGE WEIGHT . . I hereby acknowledge that the above list reinvents all property taken from mo nd that I have received a copy of OA receipt . I hereby acknowledge that the above list represents all property Impounded In the official performance of my duty as .a police officer. S s- t iete°.° SIGNATURE DATE ONA E ID/ • - . UNIT. ..44 RECEIVED BY DATE/TIMEREOSIVED --- • . . teiLM BEACH SLICE DEPARtMEi • • • PROPEWRECEIPT. • • AM( 5 Of 6 DETECTIVE BUREAU • z EFTA00183415 :v..,ker. St*" • ••••-, Ertl • PSPD Fars 162 PALM BEACH liOLICEPEPARTMEN PNPEert RECEIPT LITL-) a Ad; /9464s of 6 DETECTIVE BUREAU 0 PROPERTY V C FOUND CI DECEASED (Probated) 0 PERSONAL ' El CONFISCATED D DESTROY 01IMIDENCE i ciRIAb• 1 4J LABORATORY C) STOtal!FiECOVERED U OTHER (1 a 1,0 s'i INCIIDERT IVATI&I NUMBER I 0 DATETINE RECOVERED t 0 2o0 c 141,/ 0 • PROF!ERTY HUMBER - ("S - (Leave Blank) boa ci BIN NUMBER (Leave Blank) ADDRES5HgROPERTkIMPOUNDNA -dr) / i i 10 DISCOVERED BY/ D.O.B. ADDRESS Speer . 20 1 . . PHONE NUMBER OWNER'S NAME! DAB: ADDRESS Spear qty 20 PHONE NUMBER • Sr T'S NAIIF-JD.O.Ber ./ ;,,1O. . ' r? ti ADDRESS, Street . Clly L , Ik• PHONE NUMBER lipprm... SUSPECT / D.O.B, ADDRESS a ; • PHONE NUMBER SPECIAL INSTRUCTIONS FOUND PROPERTY CLAIM 0 • • •. Arr.' , : 't ' 90 DAYS NOT CLAIM Cal p ME ARMY VAltUE . ;DESCRIPTION i LenA . 64/a 4ad Pkil , it >.I . . rilAotE. 44..,-Ail ' 12;iii,op;,.4 A.PACe0. _. (i•ilF. . .: -.: •::: • cf.. .. ... r ' ! • r • (74.C.: ' 7:I.-% . , tOC, fili 4 - • • :: " . . • • - • Vervir* Wilz.O4 t errir ---at •';: fr2.,;. . . , -. . iimpiii..,, r ,c2 ,••••:1••••• .:;4•;.a " k...,... :: i .:..:;:::.. - • , ..;:::.. - • rz - .,. . " - . . . . •_ _ . .. . . . .. . • , -i2c P.)I1 rj .. • .. . . - ...', • . ''..:••-f. ...;:c.:.....,".c,:" 1 . " 2. funr-.? f t ell i ll‘i - • " ' ....;.;600. wigs-. 4: 3, . - ••• . .. . • . i-• .pcivx ' . • ft :. ,.4 TOTAL PACKAGE WEIGHT ‘., I hereby acknowledge that the above lief represorils all property taken ., from me and that I have received a copy of Iles receipt. ^. r I hereby acknowledge that the above lies represents all property Impounded by me In the official performance of my duty as a police officer. I CIIK .... D24, SIGNATUR ID, - UNIT • SIGNATURE • DATE RECEIVED BY REASON DATE/TIME RECEIVED ob r s2.1, 2 Ely- Ea /a' op 6 - 0 c• /SO 0 ift, , EFTA00183416 LEWIS TE IN PL ATTORNEYS AT LAW July 21, 2008 Copy via facsimile NM Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein "intends to fully abide by the Non-Prosecution Agreement." The answer is yes. We confirm as you state in your letter that the Agreement requires that "the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr. Epstein] violates any term of [the Non-Prosecution Agreement]." We also confirm that under the Agreement, "prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the , . . conditions and the requirements of th[e] Agreement." As you know, there la no 'provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Marra. Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding. We had previously notified. the Court that the parties did not wish to argue the issue. I agree that the Agreement requires its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me if you wish further clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, Michael R. 'rein cc: _lick Goldberge1.1:sLi Ro Black Ls . 3069 GRAND AVENUE • SUITE 340 • COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 442.1101 • FACSIMILE (305) 442-6744 • VAVW.LEWISTEIN.COM EFTA00183417 LEWIS TE IN PL ATTORNEYS AT LAW July 21, 2008 Copy yin facsimile Mae Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein "intends to fully abide by the Non-Prosecution Agreement." The answer is yes. We confirm as you state in your letter that the Agreement requires that "the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr. Epstein] violates any term of [the Non-Prosecution Agreement]." We also confirm that under the Agreement, "prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the . . . conditions and the requirements of th[e] Agreement." As you know, there is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Marra. Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding. We had previously notified the Court that the parties did not wish to argue the issue. I agree that the Agreement requires its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me if you wish further clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, • Michael R. Tein • cc: Jack Goldberger, Esq. • Roy Black, Esq. Alex Acosta, Esq. 3059 GRAND AVENUE • SUITE 340 • COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 442-1101 • FACSIMILE (305) 442-6744 • WWW.LEW1STEIN.COM EFTA00183418 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 EFTA00183419 of Title I8, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 159 I (cX I); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 EFTA00183420 Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-0f-009495/UO:3(MB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat, § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) (b) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 EFTA00183421 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00183422 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal ch es a to •o- irators of E stein including but not limited to IN or . Further, upon execution o t rs agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00183423 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosccutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. /II /I/ /II Page 6 of 7 EFTA00183424 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him Epstein hereby states that he understands the conditions of this Non￾Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By; Dated: iti/9 — Dated: Dated: ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHBZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00183425 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non￾Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: Dated: 7/9-4,/ 07 Dated: JEFFREY EPSTEIN FCOUR ESQ. 9". OUNSEL TO JEFFR .Y EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00183426 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non￾Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEN/REY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: q -j cit,t/P — , ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 EFTA00183427 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement Is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 713. The parties will Jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00183428 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non￾Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL 'II) JEFFREY EPSTEIN Dated: if:LaIM LILLY A ANCHEZ, ES ATTORNEY FOR JEFFREY EPSTEIN EFTA00183429 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non￾Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated Dated: By: ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN ERALD LEFCO RT ESQ. COUNSEL TO JEFFR Y EPSTEIN LILLY ANN SANCHF,Z, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00183430 111111111111 11 1111 .1111111111 1 0 1 11110.1 1 . 11111 . 1 . 1110 N Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 3 EFTA00183431 With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as I wrote previously, appear far from simple to understand. 1 would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, wilt have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense, For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 2 EFTA00183432 U.S. Department of Justice United States Attorney Southern District of Florida R ALEXANDER ACOSTA UNITEDSTATES ATTORNEY DELIVERY BY FACSIMILE Lilly Ann Sanchez Fowler White Burnett, PA 1395 Brickell Aye, le Floor Miami, FL 33131 Re: Jeffrey Epstein Dear Ms. Sanchez: 99 NE (Street Main& FL 13111 (105)9614100 Telephone 005)1104444 - Facsimile December 19, 2007 I write to follow up on the December le meeting between defense counsel and the Eps prosecutors, as well as our First Assistant, the Miami FBI Special Agent in Char e and mysel . 2 Section 2255 provides that: "falny person who, while a minor, was a victim of a violation of [enumerated sections of Title 18) and who suffen personal injury as a result of such violation . . . may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fcc " EFTA00183433 By signing this Addendum, Epstein asserts end certifies that the above has been read and explained to him. Epstein hereby, states that he understands the clarifications to the Non￾Prosecution Agreement and agrees to comply with them. K. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By' U.S. ATTORNEY Dated: / °''I 163- Dated: Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00183434 8 of 2 Page Westlaw 1 Page 951.24 § F.S.A. West's C Amendments] Text Effective:Pee Currentness Annotated Statutes Florida West's Annos) & (Refs 900-999) (Chapters Corrections and Procedure Criminal XLVII. Title Annos) & (Refs Prisoners Municipal and County 951. Chapter prisoners county for confinement of limits the Extend 951.24. of board county's that of motion the upon program -release work a have to deemed be shall county Any (I) county. the of sheriff the of concurrence the require shall which commissioners county discre- its in court, sentencing the prescribed, is jail county the in imprisonment by punishment Whenever (2)(a) of confines the leave to prisoner the to privilege the granting consider sentence the during time any at may tion, prescribed regulations and rules the to subject hours, reasonable and necessary during facility county or jail the an in participate or profession, or business own her or his conduct employment, paid at work to court, the by or he which in facility county the of inmate an as continuing while program, training vocational or educational release. authorized her or his of period the during except confined be shall she be- of privilege the for writing in court the request may thereafter, or sentencing of time the at prisoner, My (b) author- is court, the of request the upon Corrections, of Department The program. -release work the on placed ing the to pertaining court the to recommendations make to and necessary are as investigations such conduct to ized . re- a Such program. this under released if prisoner such supervise to and prisoner the for plan the of suitability prisoner. the by agreement upon and sheriff the of consent and advice the with court the by granted be may lease notice. without or with time, any at privilege the withdraw may court The any or program -release work any for eligible is 794.011 s. to pursuant battery sexual of convicted person No (c) section. this under confinement of limits the of extension other to pursuant sheriff the by disbursed be may program this under employed prisoners of salary or wages The (3)(a) listed: order the in purposes following the for order court prisoner. the of Board I. prisoner. the of expenses incidental necessary other and work from and to expense travel Necessary 2. dependents. legal prisoner's the of Support 3. Works. Gov. US Orig. to Claim No Reuters/West. Thomson 2008 C /94/WIR 1 1 inn nat litim://web2.westlaw.com/nrint/nrintstream.asmanrfir-HTMT.Fkifm=hIntSetRidect EFTA00183435 8 of 3 Page 2 Page 951.24 § F.S.A. West's or writing in her or him by acknowledged obligations prisoner's the of ratable, or full in either Payment, 4. judgment. to reduced been have which entered is court the of order an until or sentence, her or his from discharge upon prisoner the to balance The 5. dir- and forfeited, is remaining balance the that declaring confinement, lawful left has prisoner the that declaring purposes. general for spent be to county the of fund general the in funds the deposit to sheriff the ecting shall sheriff The program. this to pursuant earned salary or wages the prisoner a from collect may sheriff The (b) each of account the of status the showing ledger a keep shall and account checking trust a in same the deposit the or employer the either of hands the in garnishment to subject be not shall salaries and wages Such prisoner. section. this in provided as only disbursed be shall and sentence prisoner's the during sheriff county. the by fixed as jail the in board her or his of cost the for liable is employed gainfully prisoner Every (c) gainfully is prisoner the If board. such for one, has she or he if account, prisoner's the charge shall sheriff The accom- to sufficient court the by determined amount an sheriff the with deposit shall she or he self-employed are section this under privileges her or his which of default in (a)I.-5., subparagraphs of provisions the plish forfeited. automatically authorize sheriff, the of recommendation the upon may, county any of commissioners county of board The (d) fa- such when (c), and (b), (a), paragraphs implement to workcamp or stockade county a of charge in person the sheriff. the under directly not is cility return to or confinement her or his of limits extended the within remain to fails willfully who prisoner Any (4) be shall and custody from escapee an deemed be shall confinement of place the to prescribed time the within law. by prescribed as punishment to subject im- have that state the of counties other among prisoners county of -release work of purpose the for Exchange (5) involved the of sheriffs the of concurrence the with authorized, hereby is programs -release work plemented the of prisoner a deemed be shall prisoner the exchange, upon subsection, this of purpose the For counties. from Prisoners status. confinement extended from removed is she or he until or unless confined where county above as program -release work county a into received be also may sentences, lawful serving jurisdictions, other provided. annual its in provide may commissioners county of board any section, this of purpose the out carrying In (6) such supervised being those from collected funds of out Corrections of Department the to payment for budget arc judges County necessary. and reasonable be to department and board the by upon agreed are as amounts this under supervision for paying of purposes for supervised those upon month per $10 levy to authorized hereby act. CREDIT(S) P.I."^t1 A Pt 1 1 EFTA00183436 U1KUUll 3553626 15:28 11/25/2088 " do raisin" " LICIAINAL • • FLORIDA OF STATE Plaintiff -VS￾JEFFREY Defendant nrnarrrs THE IN JUDICIAL COURT, CIRCUIT . FOR AND IN COUNTY BEACH PALM -* NUMBER CASE IDLNACERQ2211/62Q2S12 MCSORLEY DIVISION PI "V 3$155 1,11 NUMBER DC NUMBER: CIRCUIT spur JAIL 15-4/ CONTROL COMMUNITY OF ORDER I before coming cause This you, and heard, be to Court the before present now being defendant, the you. and t mut the having O to guilty of plea a catered El of verdict laYinrY guilty found been 0 to sere cone nolo of plea a entered O by guilty found been of jury a without cat the trying court tho 18 UNDERAGE_QT isocuRtrasoN L Count PROSTITOTIQN FOR GUILT OF JUDGMENT 3.: SECTION the of guilty be to you adjudge" hereby court The El (s). offense above adjudged and ordered is it therefore, Now, sentence of imposition rho that placed be you that and withheld baby is ndor ca of period a for I Probation on Correction", of Department the of supervilion the law. Florida to subject ADJUDICATION WITHHOLDING ORDER 2t SECTION Now, O that adjudged and ordered is it therefore, on placed be you that and withheld hereby is guilt of adjudication e th of supervision e th under of period fora Probation law. Florida to subject Corrections, of Department o th SENTENCE SUPERVISION OF PORTION DURING INCARCERATION 3: SECTION be you that adjudged and ordered hereby is It Contetions of Department the to committed O or Jail County the In confined O have you After time. jar] for credit with of tout fore on placed be shall you term, the of served subject Cormotions, of Deportment the of supervision the under of period a for Probation lbw. Florida to or /all County the in oontired • MONTHS, (121 TWELVE DY 1IrOLLOWED COUNT TO AS MONTHS (61 SIX of term fors IIZ SENTENCE MONTH (121 IMEE TO CONSECUTIVE I 0212111CLUSdatigaL of condition special s as limo, Jail DAY al ONE for credit with 2008CF009454AbfE CASEY! tutoervielon 8 of 1 Page LISOBIO 1VHIHRID ntinoo 13 W1Vd H3V38 /i831S 'FOOS , !IOSIMS Hd SS:h IZ1R1800Z 03114 03-11-08 Revised Form EFTA00183437 3553626 15:2B 11/25/2066 " I Vibiaii • • CO Ott ri-ikt -"— EPSTEIN JEFFREY CASEN50.2008CF0093814,00346 . . • • . ORDERED FURTHER 78 XT with &sitcoms* you that gjandard following the assioxided otintervision dons °midi • Fiptida by . • • . . • law: report will You (1) Not directed. as office probed= the to month, each of day fifth the than later othawbe unless littered, Will you . . . ttuthfW end full e make ' • form the on youryouroffice/ io tittOn For purpose. that . • .. • . • °Mori& State the pay will You (2) well es month, per 950.00 of amount the of post rho toward surcharge, 4% as fn supervislcm your . • . • otherwise unless 948.09,F.S,, s. with accordance Florida with compliance in exempted . Statutes. a in remain will You (3) your change not will You piece. specified or employment or residanse your of county the leave residence officer. your of th000nsent procuring first without • • • own or carry possess, not will You (4) by authorized unless weapon, or fires= any court the without live will You (5) of court a in conviction A law. the :violating violation a such for necessary be not shall law a constitute to cootrol. probstiodeonunuoity your of violation win. *stook= not Will You 46) criminal any in engaged person any activity. ineoxiccetS use not will You (7) =less narcotics or drugs any possess or excess to- will Nor physician. a by prescribed visit :you dangerous other or drugs intoxicants, where places used. or dispensed sold, =lawfully are substances a at diligently work will You (8) of employer your advise occupation, lawful dependents any support and statue, probation your e th to officer. your by directed as ability, your of best and promptly will You (9) directed inquiries all answer truthfully officer your allow and officer, the or court the by you to In. visit to or site employment your at borne, your all with comply will you and elsewhere, you; give may officer your instructions foss and/or costs, own restitution, pay will (10)You conditions special with accordance in attached the with accordance In or imposed orders. or officor your by directed es testing random to submit will (11)You of staff professional the Is he/she whore center treatment the or alcohol of presence the determine to treatment receiving the for pay to required bo will You drugs. illegal. exempt unless tests court. the by office?, your by directed as specimens, biologic:Li two submit will (12)You and 943,325 as, In prescribed as analysis DNA for F.S. 948.014, from release your of hours 72 within person in report will (13)You County, I1 1 13 BALM in office probation the to incarceration only applies oondition (Ma department. or court the by instructed otherwise unless Florida, is page previous the on 3 section if at located office probation the to immediately report must yon Marxist, checked.) SOUTHSONGflaAlain& '444 33451, FL VORTIR Toittcr. 03.18-08 Revised Form 8 of 2 Pogo EFTA00183438 . _ • • 3553626' • 15:2If 11/25/2008 neon t.atheithiel: I 1:1114.311. cio 'des EPSTEIN JEFFREY cASE002008CF009381AXX:Ort0 . . c,cisnrnpris SPECIAL . . , .... .............. - - • ,..., must You L O evaluation Alcohol and Drug a undergo treatment if and, necessary, doomed is successfully must you complete be and treatment, the any of payment the for tosponsible while Maimed costa evaluation said receiving anritreatmentoun1°35. - court. the by waived • . . . instructioriordercdf Additional make will You 2. O viotka(s), following the to ralitution until court, tho by treeted as full: in paid is obligation the • NAME: . S AMOUNP, TOTAL ordolod, inetruedone Additional begin amount, monthly spoolfto including & otjoint date, due date, several: NAME'. S AMOUNT: TOTAL ' ordered, instructions Additional monthly spoolfie including or date, due date, begin amount, several: & Joint - • CONTINUED — CONDMONS SPECIAL enter will You 3. ❑ Non Corrootione of Dopertment the Program Treatment Thug -Swum treatment residential other or Center Restitution. sad program/Probation completion successful of period a for are You officer. your by approved as to Aftercare. add Program said complete succesefully you until remain Regulations and Rules all with oomply to are You of confined be shall You Program. the placement until Jail county the In theist'', in confined are you if and program, said in you transpon will Sheriff the program. said to alcohol of use the from entirely abstain will Yi..1 4. ❑ not will you and ugs, th illegal and/or Is who anyone with eillte 0 33 3 alcohol. calumnies or drugs using illegally will You 3. O basis monthly a on testing urinalysis to submit or alcohol of presence the determine to will You drugs. illegal to for pay I required be court. the by exempt unless tens where establishment any visit not will You 6. ❑ ofaleoholio dispensing and sale the is business primary the beverages. complete successfully will You 7, O a at service community of haus • your by approved site work a at , of rate officer. ordered: Instructions Additional your at male will You 8, O due a.m. 6 and p.m 10 between residence by directed otherwise unless imposed curfew a to the cow. monitoring, electronic b submit will You 9. ❑ for month pa S pay and monitoring, electronic of rules the follow the by direoted otherwise unless service, monitoring the of cost omm. the during with associate not will You 10. O supervision. of period the during family victim's the or victim the with indirect) or (direct contact no have will You IL ❑ supervision. of period the supervision. of period the during with indirect) or (direct contact no have will You 12. O school echoed/vocational attend or omploymont time full maintain will You 13. ❑ school/work of oombloation ore time full supervision. your of term the during functional or basic, completing toward effort faith good a make will You 14. ❑ equivalency school high a or siolb literacy diploma. complete succomfully will You 15. O regulations. and rules all by abiding Program, Restitution de Probation the 03.18.0g Revised Form 8 of 3 Page EFTA00183439 • dbh-ilaZ • 21:1 lb! • Ili:Lb/2881dt! r b ' lktAlrariA.' EPSTEIN JEFFREY CASE#5020080F009311A=UvlB • . will You 16. O Anonymous Narcotics ox Anonymous Alooholles attend Soso monthly, least at meetings directed .otherodse • " • • • court. the by . . • .• . . 3 pint You 17. O AnfullY 0O1i be and MRHIlitillasna, complete any of payment the for rerionsible while incurred costs waived. unless treatment, said receiving Violence Domestic a of convicted If P.S., 741.28, a. fn defined as offense, . yeti complete auccesefully and attend must batteries a otherwise unless proviso, intervention " QOWI the by directed .• . Inattuctioniorderid: Additional • . • . will You 1a, O Program'Cooststing Awareness HIV/AIDS m attend than leas not at elms a of more or boors (2) two four than length, in boars (4) you. by willbepald which for at th the mammy, person, your submit aball You 19. O personal or vehicle residence, of place warrantless a to effects any at search or probadon any by me, ti any or officer control community officer. enforcement low REGISTER MUST DEFENDANT 20. 23 • WITHIN OFFENDER SEXUAL A AS RELEASE OF HOURS 48 CONTROL, commurtm HIS OF SPECIALCOMMON A AS 21. C3 NO EV WA TO IS DEFENDANT TPIE ANDTHE MINORS, WITH CONTACT UNSUPERVISED BY APPROVED BE MUST ADULT SUPERVISING CORRECTIONS OR DEPARTMENT THE . • • • DEFENDANT THE 22. 0 OFFENDER SEXUAL A AS DESIGNATED IS STATUTE FLORIDA TO PURSUANT ' CORRESPONDING THE ALL BY ABIDE MUST AND 943.05 A THESTATUTE, OF REQUIREMENTS AND HERETO ATTACHED IS WHICH OF COPY HEREIN INCORPORATED DNA A PROVIDE MUST DEFENDANT 23. 21 PLEA. THIS OF TIME THE AT COURT IN SAMPLE WITH CONTACT SPECIFIED 24, 0 OFFICER PROBATION AND PAROLE THE • AGRZZO•UPON AN TO CONFINEMENT 25. O EMPLOYMENT FROM AWAY HOUR, DURING RESIDENCE Activrraks SERVICE FUBLIC AND SERVICE PUBLIC MANDATORY 25, El • AN OF MEANS BY CORRECTIONS OF DEPARTMENT THE BY SUPERVISION, 26. O ELECTRONIC SYSTEM OR DEVICE MONITORING DAY PER HOURS 24 MONITORING ELECTRONIC 27. O HOURS DESIGNATED DURING RESIDENCE DESIGNATED A TO CONFINEMENT. 28. 23 CONDITION FOLLOW= THE WITH COMPLY WILL YOU PROBATION OFF_Et(Mat pipci ON PLACED IF AND, SPECIAL OTHER ANY AND ABOVE LISTED CONDITIONS STANDARD THE TO ADDITION IN SUPERVISION OF COURT: THE )3Y ORDERED CONDITIONS by rotommonded A8 patient, out or -patient In an as either program, treatment drug specialized a in participate will (14)You the and, urinalysis random to submit sessions, counseling ell attend will You provider. treatment comply will you Impatient, an if treatment with associated costs all for pay will You facility. treatment the of procedures end regulations rules, operating all with directed. when*, unless testing and ordered: Instructions Additional otherwise unless Imposed, curfew a to duo am. and p.m. • between residence your at =MID will You (15) ow. the by directed ❑ IN CONDITIONS, FOLLOWING THE WITH COMPLY WILL YOU CONTROL COMMUNITY ON PLACED W AND, CONDITIONS SPECIAL OTHER ANY AND ABOVE LISTED CONDITIONS STANDARD THE TO ADDITION COURT: THE BY ORDERED 0348-08 Revised Form 8 of 4 Page .. • EFTA00183440 35538.26 15:28 5/28100 2/ 1 '1 . • r . . . . . . no ow moan • latilMtrint. I talitlUI • EPSTEIN JEFFREY CASE#502008CF009381A7CalyiB directed, le officer your to repots will (14)Y have.vnitten yop unless Basel; least it eamentethenyba. approved your a confined remain will (15)You emplortents. approved your after and before hoar half one for except residence special other any m work, service Public . officer. your by appioved activities " . . • . . . daily a on activities your all of accounting hourly an maintain will ..(16)You submit will you which lOg, request. on, caw your : to of bows complete successfully will You (17) by approved site Work a at of_; rite a at service community offiem, your • •• . ' ' ' ordered:" inetrucnotts Additional . • monitoring, electronic to submit will You (18) month per S pay and monitoring, olcotronle of rules the follow otherwise unless service, monitoring the of cost the for ED court. the by directed FORA CO1iTR01 GOMMCrrr1TY AA rtr1BATION j ON PLACED IF AND, . CRAPTER IN PROVIDED 0 SH.X OCTOBER AFTER OR ON COMMATTED s,1147,0145, or 827.071, a. 800.04 a. 28, WITS COMPLY WILL YOU 1995 I. CONDITIONS, OFFENDER SSX STANDARD FOLLOWING TAE poNpinoNs STANDARD THE TO ADDITION IN COURT: TEE BY ORDERED CONDITIONS SPECIAL OTICER ANY AND ABOVE -LISTED • • 8 another designate may court The a.m. 6 to p.m. 10 from airtime mandatory (14)A . employment attendee the if period -hour is alternative the and dine, speollied above the precludes determines court the if Corrections, of Department the by recommended unctions. alternative consider may court the victim, the endanger would curfew a imposing that or playground. pack center, care day school, a of feet 1,000 within ving li on prohibition a 18, of age the under was vietim the (15)11 measured. be shall distance -foot 1,000 Tho taut the by prescribed es congregate, regularly children when place other a in boundary nearest the to residence of place offender's the from line straight or playground, park, center, care day school, the of line automobile or route pedestrian a by measured be cot may distance The congregate. children where place other route. .apecifleally practitioners qualified with program yea:rent offender sex a of completion successful and in participation (l6)Active of radius -mile 50 a within available not Is practitioner qualified a If expense. own offender's the at offenders, sex treat to trained therapy. appropriate other in participate shall offender the residence, offender's the the by approved unless person, third a through including indirectly, or directly victim, the with contact any on prohibition (17)A court. sentencing the and therapist, offender's the victim, this in provided as except 18 of age the under child a with contact on prohibition a 18, of ago the under was victim the (18)If a upon based is approval the If 18 of ago the under child -a with ntact co supervleed approve may court The paragraph. Further, carmen'. as risk a on recommendation the basing is who proodtioner qualified a by issued contact for recommendation not may court be programa. therapy offender sex a convicted successfully have or in enrolled currently be must offender 50% the supervised deny may and practitioner quadded a by recommended not is contact the if ohild a with contact Supervised guard time, any et child a with contact working on prohibition a 18, ego under was victim the (19)11 regularly children where place any at volunteer a as or pay for store, pot playground, park, center, daycare school, any to limited not but including, °engage's, mall. or park, zoo,.theme library, by provided plan treaunent the in indicated otherwise (20)Unless viewing on prohibition a program, treatntent offender aerial the stimulating sexually or pornographic, obscene, any potsessing or °voting, accessing, including material, auditory or visual computer or prove:rat computer media, electronic telephone, pattern. behavior deviant offender's the to relevant are at th services biological approved other or blood of specimens two submit offender the that requirement (21)A Department Florida the to specimens bank. data DNA the with registered be to Enforcement Lave of by ordered as victim, the to restitution make offender the that requirement (22)A medical necessary rill Th 775.089, s. under court the area psychological and psychiatric, physical, to relating =vices professional Misted and of officer probation or control community the by search mummies, a to (23)Submission vehicle. or residence, person, offender's the te Revised Form 8 of 5 Page 03.18.08 EFTA00183441 . . . VA . I ... W . arin • 00:•30040 lo: =OD YD/ 111 helra. IMParb _ - • ... jaa in« - . . . EPSTEIN JEMMY • •• • CASE5.502008CF009381AXXXMB • COWITITED WAS CRIME WHOSE CONTROLLEE toromary PROBATIONELOR FOR EFFECTIVE , ..• . ?IODATION OFFENDER SEX OR CONTROL COMMUNITY ON IS_PLACED WHO AND LIM, - corona Ann • ANY TO. ADDITION IN 8.147.0145, or s.837.071, s, CHAPTER OF. VIOLATION FORA . : oTh..TR,PRonst l• • - • • •a OF CONDITIONS FOLLOWING THE WITH COMPLY MUST YOU SECTION, THIS OF . • • . SUPERYISIONt7 examinations polygraph in manually nicest participation program, eatment tr a of part (24)Aa 's*. fi accessary information obtain to A mechanisms. denial offonder's sex the reduce to and trait:moot and management . a by conducted be must examination polygraph polygraph dm of use the in specifically trained Polygrapher end whemaytillithie, offenders, sex of monitoring the for • shall - .•• offender. sex the by . • .•. without alone wshick motor a driving against prohibition a and log driving a of (25)Maintenance supervising the of approval prior the officer. without box °Moe post a using or obtaining against prohibition (26)A officer. supervising the of approval prior the with teat MY an expense, offender's the at to, submission • 'contact, 'sexual wee there (27)If victim the to released be to the'rethlts • . A• . . , guaidiais. of li pate thevicthn'a andfor • by Ordered and supervisor, and officer probation the by 'necessary deemed 'when monitoring (28)Ekitronio the at court the . . . Corrections, of Department the of recomroendation . . • . . . . tor supervision on planed are who and 2405, 1, July after nor committed was crime whose offender an for (29)Effective the accessing on prohibition a 847.0145, ors. 827.071, s. 800.04, s. 794, chapter of violation servicos computer other or Internet and approves completed, is assessment risk a after program, treatment offender sex offender's the until plan safety a implements . services. comphter other or Internet the using or accessing offender's the for to addition in Imposed, botchy is them 1,2005, September after or on committed was crime whose offenders for Effective (30) who: those for supervision of condition a as monitoring electronic mandatory section, this in provision other any the and 847.0145 a, or 827.071, e. (6), or (5), 800.04(4), s. 794, chapter of violation a for supervision on placed An or older, or age of years 18 b offender the and younger or age of years 15 victim a involved activity sexual uniewhti or 775.21; a. to pursuant predator sexual a as designated Are • the and 847,0145 s. or 827.071, 3. (6), cc (5), 800.04(4), a. 794, Mahatma violation a f o convicted been proviouely Hee • older. cr age of years 13 is offender the and younger or age of years 15 victim a involved activity sexual unlawful set conditions the and control, community or probation your cloak you should notke.that on placed hereby are You in forth control community or probation your whether sallefied, are (2) or 948.063(1) a. • on placed be shall you revoked, not or revoked is 948.063. F.S. with accordanoe in monitoring electronic • .• • of any modify or rescind time any at may court the that NOTICE ON PLACED HEREBY ARE YOU your' bf conditions the you discharge may or law, by authorized as probation of period the extend may or probation, violate you If supervision Author from and arrested bo may you probation, your of conditions the of any if. guilty you adjudicate probation, your revoke may court -the sentence any impose and withheld, was guilt of adjudication require or probation on you placing before imposed have might it that sentence. the of balance the serve to you . • 03-18-0t Revised Fenn 8 of 6 Page EFTA00183442 i" • ,ite6;42b /Feld reathThis " • ' taisidatte ; - • ' EPSTEIN JEFFREY CASENS02C08CE0O9,81A.7OOO4B • ..• . : • .. • . • : •••• t.: ' froth released be shall you probation, of conditions bid= ai instructed boat you:Mite When that ORDERED ISCFUITHEN. . IT . from discharged stand shall thereon swedes the bond, enetlibityOp you If d an custody; in aro you if custody . (rwe liability, • checked.) is 2 section or I section if only applies peragreph . • ofsame copies certified provide and saes clerk's the in order de fi file wart this of Week the that ORDERED FURTHER IS if law. of requirements the with compliance to use fbr officer the on °ADULT, AND DONE D6-30-2008 71.1NC PRO NEMO e7tq< .- :t dge MoSerley,.Ciroult K. Sandra • Dint • by: Instructed Officer Supervising them. by abide to agree I and me to aited pl be ban oonclitiom the that and order this of copy of receipt acimowledge I op/O7.02.08 8 of 7 Page Defendant 8-08 03-1 Reviled Perm EFTA00183443 Di:ste 212131:1 :Of I LA comicoLo . • • • EPSTEIN JEFFREY CASEM502008CT00938IAXXXMB PAYMENTS ORDERED COURT • '• ' —. '. - : AREORDERED5 THAT ALL. CENCI( . . • . . • ,. EWES • F.S. 316, Chepter or (g) through Xs) (I 775.083 s. to pursuant sentence, in assessed fines of Total $__,... pursuant line) first (on anniscd iffino anchors/eon 3% mandated Statutorily I. .... • P.S. 938.04, s. to tiontl hi it One if. mondatoi ligutorliv P.S. 938.06(1), 3. to pursuant Fund Trim Stoppers Crime ;An CARPs Altl, IN COSTS AMATORY pin • . , . . for ovit'coat Additional 5100,00 .0 ' F,8, IXo), 938,05( 3. to pursuant offense, felony , o0 s.938.05(1)(b) to pursuant offense, traffic criminal or misdemeanor for cost urt co Additional i„52,12 O F.S. (c), . . F,S. I), 938.03( los. pursuant Fund Trost Compensation Crimu . 50.00 1 El . F.S. 775,083(2). toe, pursuant Fund Prevention trims County 50.0Q ; O ' M . F.S. 1.938.01(1), to pursuant Fund Trust Carlos Costs Court Additional 3.00 S • supervision of month mob for month Per • 2.00 $ pursuant Surcharge, Fond Trust Training for P.S. 998.09. s. to CASES OF TYPES SPECIFIC IN COSTS MANDATORY ?NMI,. 784.03, 784.01.4184:021, ss. of violation, any for RS, 938.085, t. to pursuant -- , Fond Trutt Program Crisis Rap. • . ' . F.& 794.011, or 784.085, 784,082,184.083, 784.08,184.081, 784.07, 784.048, 784.045, 784.046, 7114.0alr 784.03, 784.021, 784.011, es. of violetions funny F.S. 938.08, a. to pursuant Fund, Trutt violate Domestic a. in described ViNatco Galindo of offense any or 794.011, , 5 784.08 784.083, 7K082, 784.081, 784.08, 784.07, 784.048, • . • • .. • .. ... • • • . . . . . SIfiLail O IMO O . FlOt.00 ▪ 311.5.00 ❑ 3,00 3 O O 1.-5. 0 ,22 2 S60Q 3.00 ; • LOP ❑ ❑ $.5B4E 0 Sus (ES Other 0 Other: O • • . 794. chapter 787, chapter 784.085, a. of violations any for P.S. 938.10(1), to.. pursuant Minors, Anton Crimes Certain F.S. 935.701. or., 847.0145, s. 827, chapter 800.04. a. 796.03, • ' • P.S. 327.3$, or 316.193 en. of violations any for F.S. 938.07, toe. pursuant Cont, Court DUI • offenserikted of violations say for F.S, 318.18(17), toe. pursuant Fund, Trost System Radio Enforcement Law Agency State 316.072(3), 316.067, 316,193,316.192, to. 893, chapter 8771'1, 316.061, 316,027, 316.1935, se. including 318.17 Ina violation. orimtnal a a, classified is which 316 chum in offense Ober any or 6.545(I), I 3 MT/TIES GOVERNMENTAL LOCAL BY AUTHORIZED COSTS COURT MANDATORY P.S. 938.13, st. to pursuant Counties. and Munteipstitte, by Education Junk' Criminal F.S. 939.165(1)(a), a. to pursuant programs funded onenty other and requircmenn looal for elan court Additional F.S. 938.19(2), it. to wants Court Tnn PISCRETIONARV simertIsion of term the during month Per of purpose solo the for erriblished organisation nonprofit following tho to F.S.: 8.039(2), 94 s. to pursuant CNTeettelle. of Deportment the of Offorlis rthablIIISINS Om Aupplospettlift pursuant waived, or collected proviously not If Fee, Application Defender Public, • F.S. 938.29, a. d an 27.52 tor. locally. determincd ea F.S, 938.29, tot pursuant Costs, sad Fen Defends!. Public PS. 938.27, s. to mann Costs, ProseoutloofinvesdastIve F.S. 938.23, s. and 938.21 s. to pursuant Fund, Trust Abuse Drug Other and Alcohol County Sifbit 316.193, s. of violations tor F.S. 568, dupter or 567, Charier 362; choptu or 855,015, s. 1 s.856.01 of Rood Mat Operating 0.00 0 £1 0 F.S. 938.25, a, to punusnt FOLIC, the Wawa 893.13 oft violations for 473.00 3 TOTµ Deparirnent 0 TO: PAYABLE AND THROUGH MADE BE TO IS PAYMENT Coun or Clerk 0 or Corrections of a Carnation, of Department the by collected (if by ordored Nyman all to added be will 454 of inkblots P.S.) 945.31. s. to pursuant coun, the Waived Costs/Finoo Court O of amount the In Costs/Fines Court O hours n-tv/OC certimisisity to convened of amount the In CODS/Finci Court ❑ judgment. civil to reduced PAYMENT: FOR INSTRUCTIONS SPECIFIC 8 of 8 Page 03-18-08 Rcvised Form EFTA00183444 1WW -7 76111. : . 1• YiaJlia .• . EMS' %/ ' • V8. f*. 6F - . flas,arinfrzeim . it • • • Y:314FYJTVP je-ttesig. r ci ar r.a f urt O Prejudicet rithout With O • Denied Bo O ecalled O Ordered fa Warrant nbinstated OOR:Diselia dForf B if Reinstated, Pond Otrekious Vacated Fort 13otid A It O Indigen't, Deft . Firth Iftg O for: Esvaluation O • PrekPlea . O .' • PAl I PTI to: Referred O A>≤LBA ENTERED EPP A14.. ts ; 4 *30 C Rts of dv lest er ?NT( O Pa only' Erg O Bed DOCNota-Sectze: days bit by/wi ordered docket absentee th on pla4d Case LI • O thdrawn " •• ?Act' • isistsis • . • • • CruRep. -: Follow, to Order Written O Ruling 1Reserves Cone afili Coven fiAlso lew l Be See O • . OSOR:Dischaeyoked/Reinstated • SD& / GR. eleased ,. O' charges le to • CdtrisApptk O • :"'• NO O ?unify GUILTY NOT • Cts Cie.. Lesser • PSI Waived -to as Charged JOUELTY.as t as as.Charged GUILTY • • Cts to as NWBBLI) ANDADJUDIC.AlteD FOUND 210Ulirf . 01.N Pa& Ft!eyo O Control: kr:lath fob 0 abitiral • (violent). 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' . . . -. - • . . • . . 0 ‘ . . • •••••0111•01 I^V••• EFTA00183447 t CA ti W to EFTA00183448 (USAFLS) To: Subject: )1111.1(USAFLS), (USAFLS); (U F Follow-up point Here is my proposed response. Dear Jay: Assistant U.S. Attome From: Jay Lefkowitz [mailto Sent: Thursda Au ust 14, 2008 2:39 PM To: USAFLS) Cc: Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks -- Jay 08/1412008 12:44 PM To > cc . -1c > Subiecl Follow-Lip point Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. 1 EFTA00183449 Assistant U.S. Attorney The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00183450 3 A EFTA00183451 Justice of Department U.S. Attorney Slates United Florida of District Southern FACSIMILE BY DELIVERY Esq. Lefkowit; P. Jay LLP Ellis & Kirkland Center Citigroup Street 53rd East 153 10022-4675 York New York, New Epstein Jeffrey Re: Jay: Dear 400 Ste Ave, Australian S. 500 33401 FL Beach, Palm West 820-8711 (561) Facsimile: 2008 13, August performance Epstein's Mr. to related documents several attaching am I request, your per As Agreement. -Prosecution Non the of was which Notification, proposed 2008 30, June the is hereto attached document first The plea. guilty his entered Epstein Mr. after shortly Tein Michael and Goldberger Jack to -delivered hand have I Goldberger. Mr. from response 2008 9, July the attached have I that, Following Mr. of approval the with (presumably Goldberger Mr. where is first The portions. two highlighted U.S. the from directly quotes that Notification proposed my of portion the of approves Tein) Goldberger Mr. where is portion second The Sanchez. Ann Lilly to letter December Attorney's the that believe not does he that mentions nowhere and Agreement, the of interpretation his provides Mr. that showing notation a contains letter Goldberger's Mr. that note I operative. is letter December copy. a with provided was Epstein provided was that notifications the of one of copy a is attached have I document third The and Goldberger, Mr. to provided been have notifications the of all of Copies victim. a to directly the misrepresents letter the that stated ever has Epstein Mr. for attorney other any nor he neither victims. the upon bestows Agreement the that benefit the or parties the between Agreement connection in filed have I that Declaration a of copy a is attached have I document fourth The our forth sets Declaration This States. United the against filed lawsuit victims' the with Messrs. letter. December Attorney's U.S. the from quotes again and Agreement the of understanding their with connection in it of copies filed have and Declaration this of aware are Tein and Goldberger EFTA00183452 ESQ. LEFKOWITZ, P. JAY 2008 13, AUGUST 2 OF 2 PAGE Court the to or — me to expressed ever them of neither Again, litigation. civil the of all stay to efforts Epstein. Mr. and States United the between Agreement the describes inaccurately it that — issue. this resolve can we that so morning tomorrow me contact Please Sincerely, Acosta Alexander R. By: Division Northern Chief, cc: Attorney States United Assistant EFTA00183453 Justice of Department U.S. Attorney States United Florida of District Southern 400 Suite Ave, Australian South 500 3340! FL Beach, Palm West 820-8711 (56!) Facsimile: 2008 30, June S IDENTIFIED UNITED 18, TITLE WITH ACCORDANCE IN NOTICE: LAW, FLORIDA AND 3509(d) SECTION CODE, STATES AS TREATED BE TO IS DOCUMENT ATTACHED THE DISCLOSED BE NOT SHALL AND CONFIDENTIAL LEGAL A WITH CONNECTION IN EXCEPT PROCEEDING. EFTA00183454 Justice of Department U.S. Attorney States United Florida of District Southern 400 Suite Ave., Australian South 500 33401 FL Beach, Palm West 820-8711 (561) Facsimile: 2008 30, June VICTIMS IDENTIFIED OF NOTIFICATION plea a entered "Epstein) as to referred (hereinafter Epstein Jeffrey 2008, 30, June On prostitution) of solicitation (felony 796.07 Sections Statutes Florida of violations to guilty of in Circuit Judicial 15th the in prostitution), in engage to minors of (procurement 796.03 and 2008-cf- and 2006-cf-009454AXXXMB Nos. (Case County Beach Palm for and be to imprisonment months' twelve of term a to sentenced was and 009381AXXXMB) of months twelve by followed imprisonment, months' six additional an by followed Court. the by imposed confinement community of conditions with 1, Control Community to agreed has States United the sentence, and plea guilty the of entry the of light In certain to subject sentence, and plea state this of favor in prosecution federal defer conditions. following: the is agreed has Epstein which to condition such One offense an of violation a of victim a was minor, a while who person, "Any same the have will 2255, Section Code, States United 18, Title in enumerated Epstein Mr. if had, have would she as 2255 Section under proceed to rights purposes For offense. enumerated an of convicted and federally tried been had Epstein's Mr. provide shall States United the paragraph, this implementing of an in name to prepared was it whom individuals of list a with attorneys judicial Any Epstein. Mr. by offense enumerated an of victims as Indictment determining authority any including provision, this interpreting authority is it that consider shall meet, must plaintiff a any if burdens evidentiary which position same the in victims identified these place to parties the of intent the no more; No trial. at convicted been Epstein Mr. had been have would they as less." Goldberger Jack of Initials Epstein Jeffrey of Initials EFTA00183455 VICTIMS IDENTIFIED OF NOTIFICATION 2008 30, Junc 3 OF 2 PAGE identified individuals the that Notice provides hereby Office this letter, this Through an of victim a as name to prepared was States United the whom individuals are below offense. enumerated Individuals Identified Dated: ACOSTA ALEXANDER R. ATTORNEY STATES UNITED By: ATTORNEY U.S. ASSISTANT ACKNOWLEDGMENT have Esquire, Goldberger, Jack attorney, my from Notification this received have I sets accurately it that acknowledge hereby I and attorney, my with it discussed and it read the for Attorney States United the of Office the with agreement and understanding my forth I victims. identified of rights and notification the regarding Florida of District Southern Goldberger Jack of Initials Epstein Jeffrey of Initials EFTA00183456 VICTIMS IDENTIFIED OF NOTIFICATION 2008 30, JUNE 3 OF 3 PAGE identified each to provided be will Notification this of copy exact an that understand I and redacted, be will individuals identified other all of names the that except individual, —even document this of copy a of introduction the to challenges evidentiary any waive hereby myself. and individual identified any between proceeding judicial any —in form redacted in Dated: Epstein Jeffrey by: Witnessed Esquire Goldberger, Jack EFTA00183457 rit 2008 9, July Esq. MM. Attorney States United Assistant Office Attorney's States United Avenue Australian South 500 400 Suite Floor, b 4' 33401 Florida Beach, Palm West FACSIMILE & E-MAIL VIA SENT Epstein E. Jeffrey Re: Ms. Dear R.A1TERBURY JOSEPH • GOLDBERGER SOCA. 'r S.WEISS JASON CriminaillialAttomey Certified Board Ban Florida & Jersey New of Member f faxed and -mailed e dated, document draft the and 2008 8, July dated me to letter your for you Thank to like would I Victims." Identified of "Notification styled 2008, 30, June on office my at me to issues. related few a address we Specifically, notification. such any concerning requests several have we that note please First, that: request attorney, their upon served (or mail by individual any to sent be notification Any (a) of method a hand, by service any to object respectfully we and known), extent the to notification the regarding conversations of risk concomitant the carries which service advocates being of position a in authorities federal the place would potentially that litigation; civil for without individual each to mailing separate a by effectuated be notification Any (b) 2008 30, June your of page second the on appeared that language any of inclusion the sting li section large a notification each in including than rather i.e. memorandum; (which recipient the of name the than other redactions with individuals" "identified the that individual any to signal impermissible and clear a be would contend we at tlista victims). alleged other numerous to notification broad a is notification the to limited and recipient, the to only directed notification page one simple suiffee. - would memorandum draft your of page first the on currently information 33401 FL Beach, Palm West South Avenue Australian 250 1400 Suite Centre, Clearlake One www.agwpa.com 561.835.8691 f 561.659.8300 p EFTA00183458 in contained currently is that language any notification any from eliminate You (c) and memorandum; 2008 30, June the of section "acknowledgment" the made previously Government's the with notification the supplement You (d) identified any by claim any of veracity the for vouching not is it that representation (10/25/07). E. to Sloman J. from Letter See individual. attorneys his and Epstein Mr. that request your understand not do we that also note please Second, draft. -delivered hand 30 June your within contained acknowledgment / rider the execute execution Epstein's Mr. requires Agreement -Prosecution Non the that believe not do we Specifically, strictly to continues Epstein Mr. that ensure to want we Because stipulation. additional such any of you why explain you that ask respectfully we agreement, parties' the of letter the with comply stipulation. your of execution requires Agreement -Prosecution Non the that believe to Epstein Mr. require not does it that is Agreement -Prosecution Non the of understanding Our The agreement. written the of corners four the within contained already not anything "acknowledge" to challenge evidentiary any "waive he that obligating term written no contains certainly agreement proceeding judicial "any in Victims" Identified of "Notification any of copy" a of introduction the requests. currently memorandum your as Epstein, Mr. and individual" identified any between 2255 Section to limited not is drafted, as stipulation, 30 June your that note please Further, "any) in challenges evidentiary waive to Epstein Mr. requires draft 30 June your Rather, proceedings. agreement. written parties' the of bounds the exceeds clearly which - - proceeding" judicial lawyers" bono "pro the of names the with me provide you that request respectfully would I Third, certain represent to intending were office, my at meeting 30 June our at me to indicated you who, Government the that knowledge any as well as notification, draft 30 June your on identified persons to them with had has Government the communications what and selected, were they how to as has date. of condition and term each strictly fulfill to intent firm Epstein's Mr. is it that know please Finally, construed, be should letter this in Nothing Government. the with Agreement -Prosecution Non his written parties' the under Epstein Mr. to available be may that defense any waiving as however, agreement. remain, I then, Until response. your to forward look I yours, trul Goldberger A. Epstein Jeffrey cc: EFTA00183459 Justice of Department U.S. Attorney States United Florida of District Southern 400 Suite Ave., Australian South 500 3340! FL Beach, Palm West (561)820-8711 Facsimile: 2008 21, July VICTIM IDENTIFIED OF NOTIFICATION UNITED 18, TITLE WITH ACCORDANCE IN NOTICE: LAW, FLORIDA AND 3509(d) SECTION CODE, STATES AS TREATED BE TO IS DOCUMENT ATTACHED THE DISCLOSED BE NOT SHALL AND CONFIDENTIAL LEGAL A WITH CONNECTION IN EXCEPT PROCEEDING. EFTA00183460 Justice of Department U.S. Attorney States United Florida of District Southern 400 Suite Ave., Australian South 500 33401 FL Beach, Palm West (561)820-8711 Facsimile: 2008 21, July MAIL STATES UNITED VIA Missal* OF NOTIFICATION Epsignagan Jeffrey Re: VICTIM IDENTIFIED UMW Miss Dear District Southern the for Office Attorney's States United the letter, this of virtue By notice. following the with you provides Florida of plea a entered "Epstein) as to referred (hereinafter Epstein Jeffrey 2008, 30, June On prostitution) of solicitation (felony 796.07 Sections Statutes Florida of violations to guilty of in Circuit Judicial 15th the in prostitution), in engage to minors of (procurement 796.03 and 2008-cf- and 2006-cf-009454AXXXMB Nos. (Case County Beach Palm for and be to imprisonment months' twelve of term a to sentenced was and 009381AXXXMB) of months twelve by followed imprisonment, months' six additional an by followed Court. the by imposed confinement community of conditions with 1, Control Community to agreed has States United the sentence, and plea guilty the of entry the of light In certain to subject sentence, and plea state this of favor in prosecution federal defer conditions. following: the is agreed has Epstein which to condition such One offense an of violation a of victim a was minor, a while who person, "Any same the have will 2255, Section Code, States United 18, Title in enumerated Epstein Mr. if had, have would she as 2255 Section under proceed to rights purposes For offense. enumerated an of convicted and federally tried been had EFTA00183461 S MISS VICTIM IDENTIFIED OF NOTIFICATION 2008 21, luLy 2 OF 2 PAGE Epstein's Mr. provide shall States United the paragraph, this implementing of an in name to prepared was it whom individuals of list a with attorneys judicial Any Epstein. Mr. by offense enumerated an of victims as Indictment determining authority any including provision, this interpreting authority is it that consider shall meet, must plaintiff a any if burdens evidentiary which position same the in victims identified these place to parties the of intent the no more; No trial. at convicted been Epstein Mr. had been have would they as less." an are you,fl that Notice provides hereby Office this letter, this Through enumerated an of victim a as name to prepared was States United the whom individual offense. Jack attorney, his Epstein, Jeffrey against claim a file to decide you Should Goldberger Atterbury at Goldberger Mr. contact attorney your have you that asks Goldberger, (561) 33401, FL Beach, Palm West 1400, Suite South, Avenue Australian 250 Weiss, and 659-8300. of Bureau Federal the nor Office Attorney's U.S. the neither that understand Please a file do you if however, litigation; civil in assist otherwise or in part take can Investigation enumerated an of victim a are you that denies Epstein Mr. and 2255 § U.S.C. 18 under claim undersigned. the to denial that of documentation written provide please offense, please and investigation this of course the during assistance your of all for you Thank your for Richards and Agents Special and myself of regards heartfelt the accept well-being. and health ACOSTA ALEXANDER R. ATTORNEY STATES UNITED By: Esq. Goldberger, Jack cc: NIA ATTORNEY U.S. ASSISTANT EFTA00183462 COURT DISTRICT STATES UNITED FLORIDA OF DISTRICT SOUTHERN 08-80736-Civ-Marra/Johnson No. Case DOE, JANE RE: IN Petitioner. D.C. by FILED 2008 9 - JUL LARIMORE M. STEVEN CT. DIST. Y.S. CLERK W. FLA Or S.O. . OF TION RESPONSE STATES' UNITED OF SUPPORT IN ENFORCEMENT FOR PETITION EMERGENCY VICTIM'S TO 3771 § U.S.C. 18 ACT, RIGHTS VICTIM CRIME OF standing good in member a am I that declare hereby do I, 1. Berkeley at California of University the from graduated I Florida. of State the of Bar the of F. David Hon. the to clerk judicial a as serving After 1993. in .) (Boalt Law of School am also I 1995. in California in practice to admitted was 1 California, Sacramento, in Levi Eleventh, Eighth, the Florida, and Minnesota of states the of courts all in practice to admitted District Southern the for Courts District U.S. the and Appeals, of Courts Circuit Federal and bar My California. of District Northern the and Minnesota, of District the Florida, of employed currently am I inactive. currently is Minnesota and California in status admission so was and Florida of District Southern the in Attorney States United Assistant an as herein. described events the of all during employed EFTA00183463 of investigation the to assigned Attorney States United Assistant the am I 2. ("FBI"). Investigation of Bureau Federal the by investigated was case The Epstein. Jeffrey Police Beach Palm the of request the at 2006 in initiated was investigation federal The had assistants personal his and Epstein Jeffrey that allegations into ("PBPD") Department and thirteen of ages the between girls young induce to commerce interstate of facilities used offenses. other amongst prostitution, in engage to seventeen notification victim identified, was victim a when investigation, the Throughout 3. -Witness Victim FBI's the from and Affiant your from both her to provided were letters three Edwards' Bradley to provided letters the of copies are hereto Attached Specialist. (Ex. FBI. the by provided was M. to letter Affiant's Your M.' and M., M., clients, she that time the at M. to myself by -delivered hand was M. to letter Affiant's Your 1). - Victim FBI's the from letters received also M. and Both.. 2 2). (Ex. interviewed was identified was 4). & 3 (Exs. 2008 I0, January on sent were which Specialist, Witness investigators. with speak to refused initially she but 2007, in investigation FBI's the via victim a as status 's II by interviewed was she when confirmed was offense federal a of f whic tifaigg without Doe," "Jane of behalf on Motion his filed Edwards 'Attorney M. and M., M., to related facts address will I Accordingly, victim. purported the is clients his when beginning minors were they while Epstein's Jeffrey of victims were clients those of three All old. years fifteen were they the not are M. and to.. letters Office Attorney's U.S. the on dates the that note 'Please the in early prepared were victims known all to Letters delivered. actually were letters the that dates contacted. was victim each as delivered and investigation -2- EFTA00183464 ■. to letter a sent Specialist -Witness Victim FBI's The 2008. 28, May on agents federal 5). (Ex. 2008 30, May on -Witness Victim FBI's the agents, FBI the investigation, the Throughout 4. client, other Edwards' Attorney M. and with.. contact had Affiant your and Specialist, through made was M. with contact all accordingly, and, counsel by represented was M., Epstein, Jeffrey by paid were fees his and Eisenberg, James was attorney That attorney. that investigation' the of target the the for Office Attorney's U.S. the and Epstein Mr. 2007, of summer the In 5. the resolve to negotiations into entered Office") ("the Florida of District Southern with Florida of State the by charged been had Epstein Mr. time, that At investigation. attorneys Epstein's Mr. 796.07. § Statutes Florida of violation in prostitution, of solicitation defer to agreed subsequently States United The matter. the of resolution global a sought basic certain as long so Florida, of State the by prosecution of favor in prosecution federal a preserve to was Government the for objectives key the of One met. were preconditions one Thus, exploited. sexually had Epstein whom girls young the for remedy federal is 2008, 9, July on victims the to provided was which of notice agreement, that of condition following: the offense an of violation a of victim a was minor, a while who person, "Any same the have will 2255, Section Code, States United 18, Title in enumerated Epstein Mr. if had, have would she as 2255 Section under proceed to rights whether or ■. representing began Edwards Mr. when know not does undersigned 'The representation. Eisenberg's Mr. terminated formally ever . M -3- EFTA00183465 purposes For offense. enumerated an of convicted and federally tried been had Epstein's Mr. provide shall States United the paragraph, this implementing of an in name to prepared was it whom individuals of list a with attorneys judicial Any Epstein. Mr. by offense enumerated an of victims as Indictment determining authority any including provision, this interpreting authority is it that consider shall meet, must plaintiff a any if burdens evidentiary which position same the in victims identified these place to parties the of intent the no more; No trial. at convicted been Epstein Mr. had been have would they as less." an contained Agreement The 2007. September in reached was agreement An 6. provision. confidentiality express agreement, the regarding consulted not were victims individual Although 7. they and trial at identities their of exposure the regarding concerns expressed had several in signed was agreement the time the At matter. the of resolution prompt a desired attempted FBI The Epstein. of prosecution the to hostile openly was ■. 2007, September information any provide to refused she time which at 2007, October in ■. interview to be to desire a expressed had clients Edwards' Attorney of None Epstein. Jeffrey regarding investigation. federal the of resolution the to prior consulted prosecution deferring agreement the of terms the of one above, explained As 8. 2007, October In victims. the for remedy federal a securing was Florida of State the to provisions these and contacted were victims four signed, was agreement the after shortly she and represented, not was time the at who ■. was victims those of One discussed. were plea of change expected an of provided also was Notice agreement. the of notice given was been had victims the of some that learned attorneys Epstein's When 2007. October in -4- EFTA00183466 their overstate to incentive an receiving were victims the that complained they notified, Affiant your While claims. damages their increase to order in Epstein Mr. with involvement independent with corroborated and taken been had statements victims' the that knew I and agents the damages, for potential the of informed were they before well evidence at credibility witnesses' the compromise could victims additional informing that concluded agreement. the on reneged Epstein if trial Epstein before but agreement, the of terms the of notified been had ■. After 9. attempting was counsel Epstein's because FBI the contacted obligations, his performed pro secured Affiant Your her. harassing were investigators private and deposition her take to was counsel bono Pro victims. identified other several and M. represent to counsel bono not did counsel bono pro That deposition. improper the avoiding in assist to able matter. the of resolution the with dissatisfied was M. that Affiant your to express that me inform to Affiant your contacted Edwards Attorney 2008, -June mid In 10. regarding information with me provide to meet to asked and ■. and represented he to me wanted he that information any me to send to Edwards Attorney invited I Epstein. consider should he that Edwards Attorney advised also I provided. was Nothing consider. that with contact no that understand I wished. so he if Office, Attorney's State the contacting my to that, him advised I so M., to alluded had Edwards Attorney made. was office Eisenberg. James Attorney by represented still was ■. knowledge, -5- EFTA00183467 a received Affiant your p.m., 4:15 approximate at 2008, 27, June Friday, On II. 8:30 for scheduled was plea the that learned and agreement plea state proposed the of copy Department Police Beach Palm the and Affiant Your 2008. 30, June Monday, a.m., given had counsel Epstein's that time short the in victims to notification provide to attempted attorney called specifically Affiant your notified, not were victims known all Although us. that believes Affiant Your hearing. the regarding clients his to notice provide to Edwards M., represented he that me notified Edwards Attorney that conversation this during was it informed Edwards Attorney well. as her, to notice the on pass would he that assumed I and Your hearing. the at present be would someone that but attend not could he that Affiant your present. was clients Edwards' Attorney of none but hearing, the attended Affiant to notifications victim attached the provided Affiant your date, today's On 12. not was notification A 7). & 6 (Exs. Edwards Bradley attorney, their via ■. and ■. to liability Epstein's limited modification Attorney's U.S. the because ■. to provided M's of light In indictment. an in name to prepared was States United the whom victims a as include faith good in not could Affiant your enforcement, law to statements prior to provided list the in her include not could accordingly, and, indictment an in victim counsel. Epstein's Edwards Attorney Emergency, of Certification the to respect with Furthermore, 13. he that relief the demand to Certification that of filing the to prior me contact ever not did had Affiant your after 2008, 7, July of afternoon the On Petition. Emergency his in requests -6- EFTA00183468 letter a received I Petition, Emergency and Emergency of Certification the received already that While 2008. 3, July on Mail, Certified via sent, been had that Edwards Attorney from "vigorous consider to Attorney States United the and General Attorney the urges letter the for demand no contains it Epstein, Jeffrey to respect with laws federal of enforcement" Petition. Emergency the in requested relief the that 1746 § U.S.C. 28 to pursuant perjury, of penalty under declare I 14. belief. and knowledge my of best the to correct and true is foregoing 2008. July, of day this Executed -7- EFTA00183469 Office Attorney's States United Florida of District Southern Suite Ave., Australian S. 500 400 FL Beach, Palm West 33401-6235 b3/0 g DATE: LeFitA)ii TO: a￾eius Kii4 ORGANIZATION: #: FAX SUBJECT: FROM: rit . iall (Fax) PAGES, OF NUMBER PAGE: THIS INCLUDING '9 COMMENTS: document: Original via follow To mail regular Express Federal via follow To • delivery hand via follow To to Nothing original =- FAX follow, EFTA00183470 1 P. * * * ) 6:16PM AUG.13.2008 ( REPORT RESULT TRANSMISSION * * * ADDRESS TIME DATE FL WPB USA° TTI FILE NAME PERS. RESULT PAGE TIME MODE 695 OK P.19 3'03" TES 12124464900 6:13PM AUG.13. BATCH : @ LATER SEND : L STANDARD : S MODE ASYNC A-: CONFIDENTIAL : C FORWARDING : @ DETAIL : D MODE MIL_STD 1-: MEMORY : M POLLING : P REDUCTION : > ECM : E FINE : F MODE RICOH-MG3/COMPATIBLE G-: EFTA00183471 i:J(6[0% AW/e—mo;3 re coerehi rj EFTA00183472 (USAFLS) From: (USAFLS) Sent: gus 008 6:35 PM To: (USAFLS); Sloman, Jeff (USAFLS Subject: :Jeffrey Epstein Agreement 1-li everyone — I still haven't heard from Roy, but in the meantime, I have been looking for correspondence that could be described as an assent to the modification in the December letter. First, as set forth below, prior to the change of plea, we informed Epstein's counsel that we took the position that we already have a binding agreement and that nothing further was required. (This was a June 24 e-mail) Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. We took the same position in the e-mails that Jeff and I sent to Jay Lefkowitz notifying him of Epstein's need to promptly perform their obligations following the various DOJ decisions. This was the language we used: Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. (This was sent on June 23s to Jay and June 24th to Roy.) Following this correspondence, Epstein entered his guilty plea. On June 30th, a couple of hours after the change of plea, the agents and I went to Jack Goldberger's office and met with Jack and Mike Thin. We provided them with the proposed Notification of Identified Victims. On the first page of that notice, we wrote the following: In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: EFTA00183473 "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. My judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." On July 9, 2008, Jack Goldberger wrote me a letter with some objections to the Proposed Notification. Although he had several requests for changes, he stated: "Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice." This, to me, is a written assent that the quoted language is, in fact, one of the conditions to which Epstein has agreed. So, I think that we do have a written, binding agreement comprised of the three documents that, as far as I know, were filed with the state court with Jack Goldberger's approval. (I am waiting to hear back from the ASA.) Here again is what I provided to the State Attorney's Office, for your records. Epstein Agrmt001.pdf I am concerned that we were adamant before Epstein's plea that we had a complete agreement and nothing more was neccssary and now taking the position that we do not have an operative document (or set of documents). Alex, does the Black and Goldberger correspondence described above allay your concerns? Or would you still like me to raise this issue with Roy whenever he gets back to me? 'thank you, sorry for the lengthy e-mail. ssis n J.S Attorne From: (USAFLS) Sent: Tuesday, June 24, 2 8 4:05 PM To: 'Roy BLACK'; 'Jack Goldberger' 2 EFTA00183474 Cc: C) Subject: Jeffrey Epstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. Assistant U.S. Attorne Tracking: 3 EFTA00183475 Recipient Read (USAFLS) Sloman, Jeff (USAFLS) Read: 81512008 6:39 PM Read: 8/5/2008 6:37 PM EFTA00183476 U.S. Department of Justice United States Attorney Southern District of Florida VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coionut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: July 17, 2008 The Office has reviewed your "Notice of Continued Pendency of Federal Criminal Action," and we feel that it misrepresents the posture of the federal investigation. For example, you cite to In re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal criminal action remains pending. That is a citation to Mr. Epstein's Motion to Quash a subpoena for computer equipment removed from Mr. Epstein's home after he and his attorneys were aware of the existence of the state investigation. Pursuant to the Non￾Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not "pending" in our estimation. The Non-Prosecution Agreement calls for deferment of federal prosecution "in favor of prosecution by the State of Florida, provided that Epstein abides by the [enumerated] conditions and the requirements of th[e] Agreement . ." (Non-Prosecution Agreement, p. 2 (emphasis added).) One of those conditions is Epstein's agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they "will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated offense." (United States Attorney's December 19, 2007 letter to Lilly Ann Sanchez.) If, in fact, your position is that the federal criminal action is still pending such that the Court must stay the civil proceedings, then the Office proposes that we seek the prompt resolution of the Motion to Quash, so that the computer equipment can be analyzed and the EFTA00183477 MICHAEL MN, ESQ. JULY 17, 2008 PAGE 2 federal investigation can continue. If, instead, Mr. Epstein intends to fully abide by the Non￾Prosecution Agreement, then the "federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Epstein] violates any term of [the Non-Prosecution Agreement]." (Non-Prosecution Agreement, page 5.) Please advise whether you intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Jack Goldber er, Esq. Esq. EFTA00183478 TO: FAX NO. U.S. Department of Justice United States Attorney Southern District of Florida 500 iS Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET Michael R. Tein PHONE NO. TO: Jack Alan Goldberger FAX NO. a -- PHONE NO. DATE: July 17.2008 # OF PACES: 3 RE: Jeffrey Epstein FROM: Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00183479 07/17/08 18:17 FAX 15010504520 USAO WEST PALM Q001 TRANSMISSION OK ********************* *** TX REPORT *** ********************* TX/RX NO 3957 CONNECTION TEL 8358691 SUBADDRESS CONNECTION ID ST. TIME 07/17 18:16 USAGE T 00'42 PGS. SENT 3 RESULT OK TO: FAX NO. U.S. Department of Justice United States Attorney Southern District of Florida 500 S Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET Michael R. 'rein PHONE NO. TO: Jack Alan Goldberger FAX NO. PHONE NO. DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: —MINa PHONE NO. Assistant U.S. Attorney EFTA00183480 07/17/08 18:18 FAX 15616594526 USAO WEST PALM TRANSMISSION OK ********************* *** TX REPORT *t* ***25**************** TX/RX NO 3958 CONNECTION TBL 13054426744 SUBADDRESS CONNECTION ID ST. TIME 07/17 18:17 USAGE T 01'04 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (560 820... Facsimile FACSIMILE COVER SHEET TO: Michael R. Tein FAX NO. I PHONE NO. TO: Jack Alan Goldbereer FAX NO. PHONE NO. DATE: July 17.2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: . Assistant U.S. Attorney PHONE NO. EFTA00183481 From: FAXmaker To: 15618208777 Page: 2/2 Date: 7/21/2008 6:3817 PM LEitsrayTARI0NPL July 21, 2008 Copy via facsimile Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein "intends to fully abide by the Non-Prosecution Agreement." The answer is yes. We confirm as you state in your letter that the Agreement requires that "the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr.' Epstein] violates any term of [the Non-Prosecution Agreement]." We also confirm that under the Agreement, "prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the . . . conditions and the requirements of tit[e] Agreement." As you know, there is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Marra, Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding. We had previously notified the Court that the parties did not wish to argue the issue. I agree that the Agreement requires its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me if you wish further clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, • Michael R. TeM • cc: Jack Goldberger, Esq. Roy Black, Esq. Alex Acosta, Es; 3050 GRAND AVENUE • SUITE 340 • COCONUT GROVE, FLORIDA33133 TELEPHONE (3O5) 442.1101. FACSIMILE (3O5) 442.6744 • WWW.LEWISTICIN,COM This fax was sent with GE FAXmaker fax server. For more information, visit: http://wwwiti.com EFTA00183482 From: FAXmaker To: 15818208777 Page 1/2 Date: 7/21/2008 6:38:17 PM Lewis Tein PL ATTORNEYS AT LAW FACSIMILE TRANSMISSION RECIPIENT: , Esq. RECIPIENT'S FAX NUMBER: SENDER: Michael R. Tein, Esq. DATE: July 21, 2008 PAGES (including cover sheet): 2 COMMENTS: IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL BY MAIL AT THE BELOW ADDRESS. THANK YOU. LEWIS TEIN, P.L. • 3059 GRAND AVENUE • SUITE 340 • COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 442-1101 • FACSIMILE (305)442.6744 • WWW.LIBM3TRIN.COM This fax was sent with GPI FAXmaker fax server. For more information, visit: http://www.gfi.com EFTA00183483 7(1* Lit- 7,hGtice:thr --7(2.14,3 Ur Alto. TeA:r EFTA00183484 711 bla Cy✓ ca(Tirk Gbio EFTA00183485 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: July 10, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In response to your letter of today's date, copies of the victim notifications are being mailed to you on a rolling basis. For those victims who have counsel, the attorneys' contact information will be included. As you will see, the letter makes clear that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation. The Office feels that is a sufficient statement of its position and we will not include the language that you have requested. Also, a final list of victims has been sent to you today via Certified Mail. That list is identical to the draft provided to you on June 30th, except that it also includes the full name of the minor victim. By: cc: AUSA Sincerely, R. Alexander Acosta Assistant United States Attorney EFTA00183486 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL.10.2008 5:26PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL.10. 5:26PM 5618358691 TES * : BATCH L : SEND LATER S ; STANDARD • ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE 0'24" P. 2 OK 434 P POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3/COMPATIBLE MODE EFTA00183487 zt. zie U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4111 Floor West Palm Beach, Florida 3340! (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: DATE: July 10. 2008 FAX NO. # OF PAGES: 2 Jack Alan Goldberger PHONE NO. RE: Jeffrey Epstein FROM: PHONE NO. Assistant U.S. Attorney COMMENTS: EFTA00183488 From: Sent: To: Cc: Subject: Fine ropose response to Goldberger's letter Ori inal Messa From: (USAFLS) To: (USAFLS); Sloman, Jeff USAFLS); Cc: (FBI); FBI) Sent: Thu Jul 10 17:12:26 200 Subject: Proposed response to Goldberger's letter Please let me know if this is alright to fax out today. I can see no reason for us to disclose any of the additional information that they have requested. The message is ready to be sent with the following file or link attachments: 0807 10 Response to Goldberger lir re notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. EFTA00183489 la? 0. 'JOSEPH R.ATTERBURY `1 JACK A. GOLDBERGER JASON S.WEISS • Board Certified CriminalTrial Attorney 1' Member of New Jersey & Florida Bars July 10, 2008 WV,les Attorney Esq. 500 S. Australian Avenue 4 th Floor, Suite 400 West Palm Beach, Florida 33401 ~' -1V 41L & FACSIMILE Re: Jeffrey E. Epstein Dear Ms. Thank you for your letter of yesterday. Kindly allow me a few follow-up points. First, we respectfully request a reasonable opportunity to review and comment on a draft of the modified notification letter you intend to mail before you send it. Second, we respectfully ask that you provide us with the identity of the victims' rights organization described in your letter; the name and contact information of the person at that organization with whom the Government has been communicating; copies of any communications with that organization and the pro-bono lawyers/groups who were recommended by that organization; and a description of any non-written communications that the Government has had with that organization and the pro-bono lawyers/groups. Third, while we appreciate your offer to disclose the names of the lawyers currently representing the individuals when you have finished compiling all of that information, we would be very grateful if you would provide any contact information you do have, on a rolling basis. Fourth, would it be possible for you to advise us of the full name of the minor to whom you have referred by initials, as well as the identities of the three individuals whom the Government notified about the deferred-prosecution agreement shortly after its signing (as One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach. FL 33401 p 561.659.8300 f 561.835.8691 www.agwpa.com EFTA00183490 indicated in your letter of December 13, 2007)? Fifth, please recall that Mr. Sloman wrote to Judge Mon October 25, 2007 that "The United States takes no position as to the validity of any such claim under this statute." To avoid any appearance that the United States is endorsing or encouraging litigation by the identified individuals, we believe that such a statement should be included in any notification letter. I look fo and to receiving your input on these issues. Until then, I remain, Jack A. Goldberger JAG/na cc: Jeffrey E. Epstein EFTA00183491 JUL-10-2008 THU 04:38 PM FAX NO. 5618358691 P. 01 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 EAKIRANAMLnAkfeDnRAFIEET DATE: July 10, 2008 TO: Esquire FAX NO.: FROM: Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 3 , including cover sheet *** PLEASE NOTE - CONFIDENTIALITY WARNING ' THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us Immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mall Service. Thar* you for your cooperation. EFTA00183492 JUL-10-2008 THU 04:38 PM July 10, 2008 , Esq. Assistant United States Attorney 500 S. Australian Avenue 4'h Floor, Suite 400 West Palm Beach, Florida 33401 & FACSIMILE Re: Jeffrey E. Epstein Dear Ms. FAX NO. 5618358691 P. 02 I JOSEPH R.ATTERBURY f JACK A. GOLDBERGER JASON S.WEISS Board Certified CrfiniediTrid Attorney t Member or New Jersey & Florida Bars Thank you for your letter of yesterday. Kindly allow me a few follow-up points. First, we respectfully request a reasonable opportunity to review and comment on a draft of the modified notification letter you intend to mail before you send it. Second, we respectfully ask that you provide us with the identity of the victims' rights organization described in your letter; the name and contact information of the person at that organization with whom the Government has been communicating; copies of any communications with that organization and the pro-bono lawyers/groups who were recommended by that organization; and a description of any non-written communications that the Government has had with that organization and the pro-bono lawyers/groups. Third, while we appreciate your offer to disclose the names of the lawyers currently representing the individuals when you have finished compiling all of that information, we would be very grateful if you would provide any contact information you do have, on a rolling basis. Fourth, would it be possible for you to advise us of the full name of the minor to whom you have referred by initials, as well as the identities of the three individuals whom the Government notified about the deferred-prosecution agreement shortly after its signing (as One Clearlake Centre. Suite 1400 250 Australian Avenue South Wesc Palm Beach. FL 33401 p 561.659.8300 f 561.835.8691 www.agwpa.com EFTA00183493 JUL- 10- 2008 THU 04:39 PM FAX NO. 5618358691 P. 03 indicated in your letter of December 13, 2007)? Fifth, please recall that Mr. Sloman wrote to Judge= on October 25, 2007 that "The United States takes no position as to the validity of any such claim under this statute." To avoid any appearance that the United States is endorsing or encouraging litigation by the identified individuals, we believe that such a statement should be included in any notification letter. I look fonyard to receiving your input on these issues. Until then, I remain, 1Jack A. Goldberger JAG/na cc: Jeffrey E. Epstein EFTA00183494 EFTA00183495 (USAFLS) From: Sent: To: Cc: Subject: (USAFLS) u y , 008 1:04 PM man Jeff esponse o .•erger e er Here are my thoughts: I. Notification only by mail: For those girls who are currently not represented (or for whom we do not know of any representation), we intend to contact the victims by telephone to tell them of the resolution and to get mailing addresses to send the written notification or to determine if they have secured counsel to send it to them. For the girls who are represented, contact will be made by telephone followed by the mailing of the notification. I think a "live" thank you is the least that is required at this point and a "check in" to make sure that girls who need counseling arc getting it. (FBI has already arranged counseling for several girls.) In any written response to Mr. Goldberger, I would simply ignore this request. 2. Separate mailings: I have no objection to this change. The notice was drafted the way it was so that Epstein would only have to sign one document rather than 33. Since he isn't going to sign any, that change is fine with me. 3. Notification limited to the information on the first page of the draft notification: In light of Epstein's refusal to sign the acknowledgement, I think some additional explanation is required. I will prepare that revision and send to you shortly. 4. Eliminate the Acknowledgement portion: I have no objection to this. 5. Supplement the notification with our previous statement that we are not vouching for the veracity of any claim: I would reject this request and, in our response to Goldberger, state that we have limited our list to those whom we were prepared to name in an indictment and, accordingly, we believe that there is proof beyond a reasonable doubt that each was a victim of Epstein's. 6. Explain why the acknowledgement is required: In our response to Goldberger, I think we should explain that the acknowledgement language was meant to create a means for proving the existence of the agreement without having to provide copies of the Non-Prosecution Agreement, which contains a confidentiality clause. While I have no objection to revising the language, I think that Epstein's position will lead to litigation regarding the need to disclose the MI agreement, which is contrary to the parties' interest in confidentiality. I agree that we cannot force him to sign the acknowledgement, but he must accept the consequences of that decision. 7. Names of pro bono lawyers and information regarding their communications: I have already advised Mr. Goldberger that I will provide him with the names and contact information of attorneys who represent the victims, so I have no objection to that. I also have no objection to telling him that they were recommended by the Crime Victims Rights Advocacy Group based upon a referral from the Justice Department. Other than that, I have no intention of disclosing any "communications" that I had with them. I will take a crack at revising the victim notifications and drafting a response to Goldberger. Any other thoughts I should incorporate? Assistant U.S. Attorney Tracking: 1 EFTA00183496 Recipient (USAFLS) Sidman. Jeff (USAFLS) Road Read: 7/9/2008 126 PM Read. 7/9/2008 1:05 PM 2 EFTA00183497 U.S. Department of Justice United States Attorney Southern niorim ...frn...,, cLeit).) 5 NOTIFICATION ( NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00183498 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561)820-8711 Facsimile: June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On Rine 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prost itution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial C i rcuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2 008_cf_ 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by eighteen months' of Community Control 1, the first six months of which must be served imprisoned at the Palm Beach County Detention Facility. reed to In light of the entry of the guilty plea and sentence, the United States has ag defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Initials of Jeffrey Epstein Initials of Guy Lewis EFTA00183499 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 2 OF 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT I have received this Notification from my attorney, Guy Lewis, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I understand Initials of Jeffrey Epstein . Initials of Guy Lewis EFTA00183500 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 3 OF 3 that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the introduction of a copy of this document—even in redacted form—in any judicial proceeding between any identified individual and myself. Dated: . Jeffrey Epstein Witnessed by: Guy Lewis, Esquire EFTA00183501 JUL-09-2008 WED 12:06 PM July 9, 2008 BM Esq. Assistant United States Attorney United States Attorney's Office 500 South Australian Avenue 4th Floor, Suite 400 West Palm Beach, Florida 33401 & FACSIMILE FAX NO. 5618358691 P. 02 JOSEPH R. ATTERBURY I JACK A.GOLDBERGER JASON S.WEISS bom•d Certified Coolies! Attookry Member of Now Jersey & %nib Pan Re: Jeffrey E. Epstein Dear Ms. IIIIII Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed to me at my office on June 30, 2008, styled "Notification of Identified Victims." 1 would like to address a few related issues. First, please note that we have several requests concerning any such notification. Specifically, we request that: (a) Any notification be sent to any individual by mail (or served upon their attorney, to the extent known), and we respectfully object to any service by hand, a method of service which carries the concomitant risk of conversations regarding the notification that potentially would place the federal authorities in a position of being advocates for civil litigation; (b) Any notification be effectuated by a separate mailing to each individual without the inclusion of any language that appeared on the second page of your June 30, 2008 memorandum; i.e. rather than including in each notification a large section listing "identified individuals" with redactions other than the name of the recipient (which we contend would be a clear and impermissible signal to any individual that the notification is a broad notification to numerous other alleged victims). Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Clearlako Centre, Sulce 1400 250Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 1561.835.8691 wv.w.atepa.com EFTA00183502 JUL-09-2008 WED 12:07 PM FAX NO. 5618358691 P. 03 (c) You eliminate from any notification any language that is currently contained in the "acknowledgment" section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government's previously made representation that it is not vouching for the veracity of any claim by any identified individual. See Letter from J. Sloman to E. (10/25/07). Second, please note also that we do not understand your request that Mr. Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein's execution of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties' agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to "acknowledge" anything not already contained within the four corners of the written agreement. The agreement certainly contains no written term obligating that he "waive any evidentiary challenge to the introduction of a copy" of any "Notification of Identified Victims" in "any judicial proceeding between any identified individual" and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in "any judicial proceeding" - - which clearly exceeds the bounds of the parties' written agreement. Third, I would respectfully request that you provide me with the names of the "pro bono lawyers" who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identi lied on your June 30 draft notification, as well as any knowledge that the Government has as to how they were selected, and what communications the Government has had with them to date. Finally, please know that it is Mr. Epstein's firm intent to fulfill strictly each term and condition of his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties' written agreement. I look forward to your response. Until then, I remain, CC: trul yours, • A. Goldberger Jeffrey Epstein EFTA00183503 JUL-09-2008 WED 12:06 PM FAX Na 5618358691 P. 01 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 9, 2008 TO: EMI MN Esquire FAX NO.: FROM: Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 3 including cover sheet '4* PLEASE NOTE - CONFIDENTIALITY WARNING *** THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL. OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation. EFTA00183504 ltit Attqk July 9, 2008 Esq. Assistant United States Attorney United States Attorney's Office 500 South Australian Avenue 4'h Floor, Suite 400 West Palm Beach, Florida 33401 SENT VIA E-MAIL & FACSIMILE Re: Jeffrey E. Epstein Dear Ms. 1 . 3 434/ 4F 2114: 6eittfarti Ck; • 1.1%r; ;k34' ...;...1.N.",.. 8 • TS P1"4 "44IrEtt 44.4 1 4 4.,.: ...I i'ler fri"46+;;;A ila, talc e ; ' r , ".P.."' "'icc MA v... #..t '.. 4 ' i n. i • JOSEPH R.ATTERBURY • t JACK A. GOLDBERGER JASON S.WEISS "Board Certified Criminal Trial Attorney t Member of New Jersey & Horkla Bars Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed to me at my office on June 30, 2008, styled "Notification of Identified Victims." I would like to address a few related issues. First, please note that we have several requests concerning any such notification. Specifically, we request that: (a) Any notification be sent to any individual by mail (or served upon their attorney, to the extent known), and we respectfully object to any service by hand, a method of service which carries the concomitant risk of conversations regarding the notification that potentially would place the federal authorities in a position of being advocates for civil litigation; (b) Any notification be effectuated by a separate mailing to each individual without the inclusion of any language that appeared on the second page of your June 30, 2008 memorandum; i.e. rather than including in each notification a large section listing "identified individuals" with redactions other than the name of the recipient (which we contend would be a clear and impermissible signal to any individual that the notification is a broad notification to numerous other alleged victims). Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Cloarlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 56i .659.8300 f 561.835.8691 www.agwpa.com EFTA00183505 (c) You eliminate from any notification any language that is currently contained in the "acknowledgment" section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government's previously made representation that it is not vouching for the veracity of any claim by any identified individual. See Letter from J. Sloman to E. (10/25/07). Second, please note also that we do not understand your request that Mr. Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein's execution of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties' agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to "acknowledge" anything not already contained within the four corners of the written agreement. The agreement certainly contains no written term obligating that he "waive any evidentiary challenge to the introduction of a copy" of any "Notification of Identified Victims" in "any judicial proceeding between any identified individual" and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in "any judicial proceeding" - - which clearly exceeds the bounds of the parties' written agreement. Third, I would respectfully request that you provide me with the names of the "pro bono lawyers" who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identified on your June 30 draft notification, as well as any knowledge that the Government has as to how they were selected, and what communications the Government has had with them to date. Finally, please know that it is Mr. Epstein's firm intent to fulfill strictly each term and condition of his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties' written agreement. I look forward to your response. Until then, I remain, A. Goldberger cc: Jeffrey Epstein EFTA00183506 U.S. Department of Justice United States Attorney Southern District of Florida .500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561) 820-8711 Facsimile: July 9, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: Thank you for your letter of today's date regarding the proposed Victim Notification. Let me address some of the items in your letter. We have no objection to doing individual mailings. The Notification was drafted in that way in order to minimize the number of documents that Mr. Epstein would sign. Now that you have raised an objection to signing the Acknowledgment, each notification will list only the victim who is being notified. In light of Mr. Epstein's refusal to sign the Acknowledgment, the Acknowledgment portion has been deleted and the notification has been slightly modified in order to provide more complete information and it has been formatted as a letter rather than a more formal "Notification" document. We will not be including any statement that the U.S. Attorney's Office is not vouching for the veracity of any claim. As you know, the U.S. Attorney's modification of the 2255 portion of the Agreement now limits our victim list to those persons whom the United States EFTA00183507 JACK GOLDBERGER, ESQ. JULY 9, 2008 PAGE 2 was prepared to include in an indictment. This means that, pursuant to Justice Department policy, these are individuals for whom the United States believes it has proof beyond a reasonable doubt that each of them was a victim of an enumerated offense. There will be no statement one way or the other regarding the validity of any claim. You have asked for an explanation of why I believe the Acknowledgment portion is required by the terms of the Agreement. Under a strict reading of the Agreement, it is not required, other than to Acknowledge that the United States has performed its obligation of providing Mr. Epstein with a list of identified victims following his guilty plea and sentencing. The purpose of the Acknowledgment was to create one single document incorporating the parties' agreement on the single topic of the right to proceed under 18 U.S.C. § 2255. This would avoid litigation regarding the victims' rights to have access to the original Non-Prosecution Agreement. Without such an express Acknowledgment by Mr. Epstein that the Notice contains the substance of that Agreement, I believe that the victims will have a justification to petition for the entire agreement, which is contrary to the confidentiality clause that the parties have signed. If you believe that particular words are objectionable, I am happy to consider a modification. As I mentioned to you last week, I will provide you with the names of the attorneys currently representing the victims when we have compiled all of that information. Some of the victims are represented by attorneys from the South Carolina Victim Assistance Network and the Maryland Crime Victims Resource Center, both of which were recommended by a victims' rights organization that receives grants from the Justice Department. If you have any suggestions for a modification of the Acknowledgment, please let me know. Sincerely, R. Alexander Acosta United States Attorney By: cc: AUSA Assistant United States Attorney EFTA00183508 U.S. Department ofJustice United States Attorney Southern District of Florida Villafaha 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561)820-8711 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldbereer DATE: July 9. 2008 FAX NO. it OF PAGES: 3 PHONE NO. RE: Jeffrey Epstein FROM: Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00183509 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 9.2008 4:05PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 9. 4:04PM TES 0'36" P. 3 OK 412 : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL @ : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00183510 JUL-08-2008 TUE 04:37 PM FAX NO, 5618358691 P. 01 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 8, 2008 TO: ll, Assistant U.S. Attorney FAX NO.: FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 2 , Including cover sheet •" PLEASE NOTE - CONFIDENTIALITY WARNING •" THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.If the reader of this message Is not the intended recipient or the employee or agent responsible for delivering the message to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation. EFTA00183511 JUL-08-2008 TUE 04:37 PM July 8, 2008 AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 FAX NO. 5618358691 P. 02 JOSEPH R.ATTERBURY • I JACK A.GOLDBERGER JASON S.WEISS fkeml (Am iirled Criminal Trial AV 01 ffity Homlu,r of New jersey & florldn Rat Re: Jeffrey Epstein Dear Marie, 1 am out of the office today. I will response to your fax of July 8, 2008 by return of fax tomorrow. Very truly yours, k-fr Jack A. Goldberger Dictated but not mid JAG/na One Clearlake Centre. Suite 1400 250 Australian Avenue South West Palm Beach. FL 33401 p 561.659.8300 (561.835.8691 www.agwpa.com EFTA00183512 EFTA00183513 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-87/1 Facsimile: July 8, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 25'0 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In accordance with the terms of the Non-Prosecution Agreement, on June 30, 2008, the United States Attorney's Office provided you with a list of thirty-one individuals "whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein." Yesterday, I provided you with the identification of another victim whom I had erroneously left off of that list. At the time the list was provided, Special Agent￾and I impressed upon you the need to finalize this last piece of the agreement as quickly as possible so that we could fulfill our victim notification obligations. In deference to your vacation, we allowed you a week to provide us with any objections or requested modifications to the list and/or the Notification language. Yesterday, I contacted you via telephone and e-mail, but received no response. Accordingly, the United States hereby notifies you that it will distribute the victim notifications tomorrow, July 9, 2008, to each of the thirty-two identified victims, either directly or via their counsel. A carbon copy of each notification will be provided to you, and the notification will list you as the contact person for any civil litigation, if the victim decides EFTA00183514 JACK QOLDBERGER, ESQ. JULY 8, 2008 PAGE 2 to pursue damages. If the United States learns that a civil suit has been filed against Mr. Epstein and he has denied that one of these victims is entitled to proceed under 18 U.S.C. § 2255, that will be considered a breach of the Non-Prosecution Agreement and the United States will proceed accordingly. Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attorney cc: AUSA EFTA00183515 P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 8.2008 2:11PM ) * * * III USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 8. 2:10PM =TES 0'34" P. 3 OK 398 # : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3ICOMPATIBLE MODE EFTA00183516 TO: U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave 4th Floor West Palm Beach, Florida 33401 (561) 8204711 Facsimile FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 8. 2008 FAX NO. PHONE NO. # OF PAGES: 3 RE: Jeffrey Epstein FROM: PHONE NO. , Assistant U.S. Attorney COMMENTS: EFTA00183517 EFTA00183518 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 (560 820-8711 Facsimile: June 27, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938 I AMB, the Defendant is sentenced to 18 months Community Control (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility ... The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, ... without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four EFTA00183519 JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JUNE 27, 2008 PAGE 2 OF 2 hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed in case number 08CF009381AMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not ettemeted procurement. Accordingly, please provide me with a copy of the Information at your earliest opportunity. I will be available via e-mail throughout the weekend or you may reach me on my cell phone at 561 601-2301. Thank you. By: cc: AUSA Sincerely, 1k. Alexander Acosta United States Attorney ssis an ni e a es Attorney EFTA00183520 U.S. Department of Justice United States Attorney Southern District of Florida 5003 Australian Ave 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: DATE: June 27. 2008 FAX NO. # OF PAGES: 3 Roy Black, Esq. PHONE NO. RE: Jeffrey Epstein FROM: PHONE NO. Assistant U.S. Attorney COMMENTS: EFTA00183521 ee ts. U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 8204711 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: June 27. 2008 FAX NO. # OF PAGES: 3 PHONE N RE: Jeffrey Epstein FROM: PHONE NO. Assistant U.S. Attorney COMMENTS: EFTA00183522 P. 1 * * * TRANSMISSION RESULT REPORT ( JUN.27.2008 5:55PM ) * * * TTI USAO WPB FL DATE TIP£ ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 5:53PM : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE S 1'09" P. 3 OK 328 P POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE NODE M : MEMORY > : REDUCTION EFTA00183523 P. 1 * * * TRANSMISSION RESULT REPORT ( JUN.27.2008 5:55PM ) * * * TTI USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 5:54PM TES 0'33" P. 3 OK 329 : BATCH L : SEND LATER S STANDARD At: ASYNC MODE C : CONFIDENTIAL : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > REDUCTION EFTA00183524 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)8204711 Facsimile: June 27, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: I write to follow up on my e-mail correspondence of June 24 and June 26, and my message this morning. As of 3:15 p.m., Friday, June 27, 2008, the Office still has not received a copy of a proposed plea agreement between Mr. Epstein and the State Attorney's Office, nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agreement between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4, 2008-almost six months ago. The Office has continued that deadline to allow Mr. Epstein to raise various issues with the Department of Justice, but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the terms of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly informed counsel for Mr. Epstein that he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have sent two e-mails and left a message with Mr. Black's receptionist asking for the date and time of the change of plea and for a copy of the proposed plea agreement between Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution Agreement. I have received no response to any of those requests. EFTA00183525 JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JUNE 27, 2008 PAGE 2 OF 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he "understand[s] that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed" and that he has "learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning." I also understand that there is an entry on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Non-Prosecution Agreement that the United States shall have the right to review the terms of any agreements between Epstein and the State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the Office by 4:30 today to allow adequate time to review and comment. Failure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I again ask that you provide me with a copy of the Plea Agreement with the State Attorney's Office and notification of the date and time of the change of plea. Thank you. Sincerely, R. Alexander Acosta By: cc: AUSA Assistant United States Attorney EFTA00183526 P. 1 * * * TRANSMISSION RESULT REPORT ( JUN.27.2008 3:39PM ) * * * TTI USA0 WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 3:38PM TES Ø'35" P. 3 OK 324 I : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C : CONFIDENTIAL @ : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING M : MEMORY E : ECM > : REDUCTION F : FINE G-: RICOH-MG3/CONPATIBLE MODE EFTA00183527 P. 1 * * * TRANSMISSION RESULT REPORT ( JUN.27.2006 3:38PM ) * * * III USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27. 3:36PM ES 1'27" P. 3 OK 323 : BATCH L : SEND LATER 5 ; STANDARD A-: ASYNC MODE C : CONFIDENTIAL @ : FORWARDING D : DETAIL 1-: MIL_STD MODE P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00183528 U.S. Department of Justice United States Attorney Southern District of Florida TO: DATE: FAX NO. # OF PAGES: 3 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 8204711 Facsimile FACSIMILE COVER SHEET Roy Black. Esq. June 27. 2008 PHONE NO. RE: FROM: PHONE NO. Assistant U.S. Attorney COMMENTS: EFTA00183529 500S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561)820-8711 Facsimile FACSIMILE COVER SHEET Jack Alan Goldberger U.S. Department of Justice United States Attorney Southern District of Florida TO: DATE: June 27, 2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: EPSTEIN FROM: ME , Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00183530 GbilLto? Ame,v Gig EFTA00183531 (USAFLS) From: , (USAFLS) Sent: ues ay, une , 8 3:08 PM To: Roy BLACK Subject: RE: FW: Jeffrey Epstein Hi Roy -- Is this the best number to call? (305) 371-6421 Original Message From: Roy BLACK [mailto: Sent: Tuesday, June 24, 2008 3:02 PM To: . (USAFLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy (USAFLS)" > 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. Assistant U.S. Attorney From: . (USAFLS) Sent: Monda June 23, 2008 5:55 PM To: ; Jay Lefkowitz 1 EFTA00183532 Cc: ) Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. Assistant U.S. Attorney EFTA00183533 (USAFLS) From: , NM (USAFLS) Sent: Itill, une , 8 4:05 PM To: ger Cc: Subject: Je rey pstein greement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. Assistant U.S. Attome Tracking: EFTA00183534 (0(2--ce(OV "MCA/ ?-tenc,„,:A it Otxxn￾Cio(ctior￾EFTA00183535 (USAFLS) Sent: Ms ay,11-1.08 11:16 AM From: . . (USAFLS) To: Goldberger Cc: Subject: Jeffrey Dear Roy and Jack: I have been reviewing the deferred prosecution agreement and wanted to remind you that the agreement states: "Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements." Please provide me with any proposed agreements at your earliest opportunity, and also please provide me with the date and time of the change of plea. Thank you. Assistant U.S. Attorne Tracking: EFTA00183536 EFTA00183537 U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: August 15, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Letkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier e-mail. Our communications with Mr. Black and later with Mr. Letkowitz were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, the offer to make that modification is a nullity. Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. As you know, Judge had selected the Podhurst firm to serve as the attorney representative for the victims. Assuming that Mr. Josefsberg is still amenable to the appointment, we will provide him with the victim list so that he may begin his service. Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. EFTA00183538 JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. AUGUST 15, 2008 PAGE 2 OF 2 Goldberger did not provide the state court with a true copy of the complete Agreement, and he should take steps to correct that error. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: , Chief, Northern Division EFTA00183539 (USAFLS) From: Sent: To: Cc: Subject: Dear Jay and Roy: Response to your e-ma Please see the attached. Thank you. t 080815 Ltr to Lefkow... Assistant U.S. Attorne Tracking: (USAFLS) 2:12 PM oy BLACK I EFTA00183540 Recipient Read Roy BLACK fl (USAFLS) Sioman. Jeff (USAFLS) Read: 8/15/2008 2 13 PM (USAFLS) Read: 8/15/2006 2.24 PM 2 EFTA00183541 U.S. Department of Justice United Slates Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 3340! (561) 820-8711 Facsimile: August 15, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier e-mail. Our communications with Mr. Black and later with Mr. Lefkowitz were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, we will now consider that modification to be a nullity. Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. In accordance with Paragraph 7B of the October Addendum, please provide me by Monday afternoon with a proposed written submission to the independent third-party who will select the attorney representative. Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. EFTA00183542 JAY P. LEFKOWITL, ESQ. ROY BLACK, ESQ. AUGUST 15, 2008 PAGE 2 OF 2 Goldberger did not provide the state court with a true copy of the complete Agreement, and he should take steps to correct that error. Sincerely, R. Alexander Acosta By Assistant United States Attorney cc: Chief, Northern Division EFTA00183543 015(0% Mika/ C.-WS re_ Arm+ EFTA00183544 MillaM=. (USAFLS) From: Sent: To: Subject: Ili.sigt(„.„. ; Sloman, Jeff (USAFLS); • (USAFLS) : o -up pon We either have to do the October Agreement or the December Agreement, I don't think we can let them get away with doing neither. Two-thirds of the victims do not have any representation. The language of the agreement gives us the right to select the Special Master, and we should choose someone quickly. We then have to create a written submission, and we should give them a very short time frame to do so. If we keep their feet to the fire, this can be completed within a week. Assistant U.S. Attorne From: (USAFLS) Sen To: 008 11:12 AM (USAFLS); Sloman, Jeff (USAFLS); (USAFLS) Subject: RE: Follow-up point Are we really proposing the Special Master? Is he still on board? I thought we had said that compliance with that was an impossibility given the passage of time? From: S MIE 2 R(USAFLS) To 11..ust 1 1FIS 5: Sloman, n:08 Afri (USA Jeff (USAFLS); O; (USAFLS) Subject: FW: Follow-up point Just received a response from Jay. I'm not sure what he means about talking "this morning," since I haven't spoken to him today. I don't believe that we should wait two weeks for them to confer. They have the ability to confer over the telephone or to come and visit him (as reported in the Palm Beach Post). Here is my proposed response: Dear Jay: Thank you for your response. It is our position that Mr. Epstein accepted the December modification by his performance. If you prefer to return to the language of the October addendum, we have no objection, but, as you know, I have been ordered to produce the Non-Prosecution Agreement and I cannot wait two weeks to do EFTA00183545 so. Please advise me by noon on Monday in writing, preferably signed by your client, whether Mr. Epstein intends to perform according to the terms of the December modification or whether he elects to return to the October addendum. If Mr. Epstein elects to perform according to the terms of the October addendum, then please prepare a proposed written submission to the Special Master, in accordance with Paragraph 7B, for my review by Monday afternoon. The extensive delays of the past will no longer be tolerated, and the Office will insist upon a showing of good faith performance in the selection of the attorney representative and all other terms of the Agreement. Sincerely, Marie Assistant U.S. Attorne From: Jay Lefkowitz [milt() Sent: Fria Au To: Cc: Subject: Re: Follow-up point ust 15 2008 10:53 AM USAFLS) ; Roy BLACK; Martin Weinberg Marie - thanks for responding to my email. You have narrowed down some of the implementation issues. As I told you this morning, we cannot accept your contention that Mr. Epstein is bound by an agreement he didn't sign as opposed to one he did sign, particularly in light of my written communications to your office dated December 21, 2007 and December 26, 2007. However, before we can make a determination whether to adopt the December language as you have now explained it, we need to confer with our client, which we will be able to do within the next two weeks. I look forward to speaking with you soon to resolve these issues. Jay From: (USAFLS)" Sent: 08/14/2008 03:27 PM AST To: J Cc: " Subject: RE: Follow-up point Dear Jay: ; "Roy BLACK" 2 EFTA00183546 The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr. Epstein's and his attorneys' actions affirming acceptance of the modification. Mr. Epstein's acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: "Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19thletter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment." As clearly stated in the December letter, only those "individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense" are the beneficiaries of the agreement. That is the list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all "individuals whom [the United States] has identified as victims" are the beneficiaries, so I would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to name in an indictment. Again, as stated in the letter, the modification replaces paragraphs 7 and 8 of the Agreement, including paragraphs 7A through 7C that are included in the October Addendum. This means that Mr. Epstein's waiver of "his right to contest damages up to an amount as agreed to between the identified individual and Epstein" will no longer exist, nor will Mr. Epstein's obligation to pay for the victims' counsel. Paragraphs 9 and 10 are still in effect. This includes the statement that there is no admission of civil or criminal liability, and that, "[e]xcept as to those individuals who elect to proceed EXCLUSIVELY under 18 USC § 2255, Epstein's signature [cannot] be construed as admissions or evidence of civil or criminal liability." This addresses your question regarding exclusivity. I don't think that Mr. Epstein has to make any constructive admissions of conviction. He only needs to admit that the 32 girls whose names I have provided to Mr. Goldberger are "victims" of an offense listed in 18 U.S.C. 2255. Please let me know if you have any additional questions. Thank you. Assistant U.S. Attorne From: Jay Lefkowitz [mailto Sent: Au 14 2008 2:39 PM To: USAFLS Cc: Subject: Re: Follow-up point Marie - in reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. 3 EFTA00183547 Finally, would paragraphs 8-10 of the September Agreement still be operative? 08/14/2008 12.44 PM I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks -- Jay To > cc )" `a . Subject Fotlow-up point Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. Assistant U.S. Attorney The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this 4 EFTA00183548 communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. Tracking: EFTA00183549 Recipient Read (USAFLS) Siornan, Jeff (USAFLS) (USAFLS) Read: 8/15/2008 11:17 AM 6 EFTA00183550 bc,c-f-04au-- 6,4,01,1AL 1 Yhti!d (..!(-1-e• ca-e. —vviore- vidirv) -k-of -tc) prei,c4-0-"tt hafyNA.- a.01. -u-AArto Y-44 - lckagevy (cabal: - vv Ic pka- iraRctkr -4- C66 iftks -Sef(zsi: av" :••*_Q Matz-4'6-- j 71. b-cr;uL/A tt) oto 7b 17 ,77)-e_. 104 y ”x7C, 1_, "et reap cA-ka_ f t -)_!.10)9_1241,17 _ frad ir) //exid EpatiA,6 e44co 1We c.ktirict 0K arirocutailaua ao6e- ta& odvarly, /(/u, akve (Ans-criiLdis c v,,,n;ryis -2e, *tia( fQI;e7 i4y6(Axi nsci4417 -s oteLi cA 41) rai/ Op -;7 \I:L*7 ci() 6 _ t a ,c71W (Lin 17))c• c1 21 4 4:en,RA, ck di Ekrer,igruL • ekzei wi 11 if EFTA00183551 Y\ NtiVc? '\(, p >g) ankkAn CO - C I5WAACIAA ,y0ft3": Ask -I-kJ yak -ey401 an .cre_\ 4C.Inv.4 61(.71dY7 (i'vvu:tivv). ij LO'e, °My‘tiraditet.TcuAz /.v- 2 E. &yip cc kstkA v-t cti — L.A0-- ci)no, fl \vN , CinVid) Ickcs \t. cite_ --tilca II S h a insms 1 1Ar. C k eaJNY-ro-Yrko IL* - 113 McsyYU .t\J) ItAr. rein R .! Eck fyil v-1 "4\1 civil Soj t-h O,9Ct CgrAtcjr2_ ; 4-S Otha t% _ cA aLeic t#0401, Oilix-014 EFTA00183552 08/18/2008 17:40 FAX et 002/003 Jay P. lalkowat, P.C. To Cell Wnlor nlrodlr kakowdetekaklafkl.COnl VIA FACSIMILE KIRKLAND & ELLIS LLP AP41AH1114110 IltRIKINVIIM Ciligrorra Cnntcr 153 Eata Ord Stencil Now York, Now York 10022-4011 (22) 44a-4i100 wwwkalotarkt corn August I R, 2008 United States Attorney's Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Marie: Fauzintikt: I write in response to your letter dated August 15. 2008 regarding the civil restitution portion of the Deferred Prosecution Agreement (the "Agreement"). Thank you for confirming our position that the December modification proposal is not part of the Agreement. As expressed by U.S. Attorney Acosta in his December IV. 2007 letter, the unorthodox use of a civil restitution statute in a federal plea agreement, which resulted in state charges against Mr. Epstein. has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the IS U.S.C. *2255 aspects of the Agreement are carried out in a proper manner, it would he useful to come to an agreement as to the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr. Epstein filly intends to abide by the terms of the Agreement, and we hope you appreciate that our ellbrts to resolve any misunderstandings between Mr. Epstein and the government about the tones or the Agreement arc intended only to ensure that it is carried out fully and fairly. In an effort to avoid having either party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. It would he extremely helpful to both sides to have an independent third party consider the Agreement and offer the final word on how certain c a uses should be interpreted and satisfied. Because the government has already enlisted Judge to select the attorney representative under the Agreement. we would be amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identified individuals will obtain restitution. I am providing you with our thoughts on three issues below. Chicano Hong Kong London Los Angolos Munich San rrancioco Washitigton.1).C. EFTA00183553 08/18/2008 17:40 FAX 8 003/003 KIRKLAND & ELLIS RP August I S. 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals. it will be appropriate to notify them. First. I am concerned by your suggestion that you might want to increase the number of individuals on the government's list. I had expected the number to have become smaller, because when we spoke prior to signing the agreement, you told me that the government already had a list, and we were informed thematicr that the September 24, 2007 list had been narrowed. Certainly. anyone who was not on the list prior to September 24. 2007 cannot permissibly be added to the list. Second. we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should he limited to (I) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact intbrmation of the selected attorney representative. We object to the inclusion of additional information about the investigation of Mr. (Epstein, the terms of the Agreement other than paragraphs 7.10. and the identity of other identified Third. as you arc aware. the Addendum requires that "the panics will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her customary hourly rote for representing such victims subject to the provisions of Paragraph C. infra.- We will certainly cooperate with the government to drat) such a joint submission and would he pleased to submit draft language to you for such a joint submission. I look forward to working with you to resolve these matters. I believe we have a mutual interest in moving past all of these issues so that the civil restitution aspects of the Agreement can be fulfilled. Sincerely. 441 i.elkiawtt% cc: Northern Division EFTA00183554 KIRKLAND & ELLIS LLP AM. Alla WOO lACIF311‘111•1. Jay P. tolkow4i. P.C. To C-0lWolor Directly￾lolkowdzkauldand.cOm Cdigf0110 CA11101 153 5:1111 5310 31.1101 Now York. Now York 10022.4611 (212) 446-4(M0 wwW.lorklond Corn August I II, 2008 % 1s.Wilkal .. United S • ey's Office Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Re: slept)! Epsicin Dear Marie: Factamile: I write in response to your letter dated August 15. 2008 regarding the civil restitution _Minion of the Deferred Prosecution Agreement (the "Ago.tilnenr). Thank you for confirming Aturpesit ion that the Deceitifier.Modification proposal is not part of the Agreement. As expressed by U.S. Attorney Acosta in his December 19.3007 letter. the unorthodox use of a civil restitution 'statute in a federal plea agreeMent. which resulted in state charges. against 'Mr. Epstein. .has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the IS U.S.C. 2255 aspects of the Agreement are carried out in a proper manner. it would be useful to come to an agreement as to 09 implementation of At: civil restitution portion of:* Agreement, As we.have previously stared. Mr. Epstein fully intends TO abide by the terms of the Agreement, and we hope Yeti aPPreciale that our 0rIbilS.10. resolve any mistmdersumdings between Mr. Epstein and the government about the terms of the Agreement are intended only to ensure that it is carried out fully and fairly. In an effort to avoid having either party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. It would he extremely helpful to both sides to have an independent third party consider the Agn.tncnt and offer the final word on how certain clauses should be interpreted and satisfied. BeCause the government has already enlisted Judge to select the attorney representative under the Agreement. We would be amenable to his serving in this role. In order to come to an agreement on the exact procedure by whiclt the identilied individuals will obtain restitution: I am providing you with our thoughts on three issues below. GloCoon Hong Kong London Los Angolos Munkti Son Francisca Washingtim, EFTA00183555 qgd •••••••I •••••) KIRKLAND & ELLIS Lit August 1 S. 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals. it will be appropriate to notify them. First. I. am concerned by your suggestion that you might want to increase the number of individuals on the government's list. I had expected the:number to have become smaller, because when we spoke prior to signing the agreement you told me that the government already had a list. and we were informed thereafter that the September 24. 2007 list had been narrowed. Certainly. anyone who was not on the list prior to September 24. 2007 cannot permissibly he added to the list. Second. we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should be limited to (I) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact hannation of the selected attorney representative. We object to the inclusion of additional information about the investigation of Mr. Epstein, the terms of the 'Agreement other than paragraphs 7-10. and the identity of other identified individuals. Third, as you are aware. the Addendum requires that "the parties will jointly prepare a short written submission to the independent third-party ft:flitting 'tile role of the 'attletie.Y. representative and regarding Epstein's Agreement to pay such attorney representative his or her customary hourly rate for representing-such victims subject to the provisions of Paragraph C. infra?' We will certainly cooperate with the government to draft such a joint submission and would he pleased to subinit draft language to you for such a joint submission. I look forward to working with you to resolve these matters. 1 believe we have a mutual • .interest in moving past all of these issues so. that the civil restitution aspects of the Agreement cas:be • Sincerely. I.elkowttz . cc: Chia. Nonhern Division EFTA00183556 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, N -4611 Phone: Fax: ( 446-4900 Pleas* notify us immediately if any pages arc not rocoivod. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NO - IATELY AT: To: levillafana - CC: IMMEI Company: United States Attorney's Mee Company: United States Attorney's Mice Fax #: =I Fax It: Direct #: Direct #: From: Jay P. Letkowilz Date: . Pagesttaxwee: Angialt I 8. 200g 3 Fax IS Direct #: Message: EFTA00183557 KIRKLAND & ELLIS LLP AM? MIN inttea rmorosewurc Jay P. Lk!Koval& P.C. To Cal elly. lotkovirkla awn VIA FACSIMILE CdrioWO Conon 163 East 53rd StrOOr Now York. Now York 10022-4611 FUGNIII/IIIE (217) 446-4AA0 M1214164900 www.lorkland corn August 1R, 200R Villafano United States Attorney's Office Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 .Re: Jeffrey Epstein Dear Marie: I write in response to your letter dated August 15. 2008 regarding the civil restitution portion of the Deferred Prosecution Agreement (the "Agreement"). 'Thank you for confirming our position that the December modification proposal is not part of the Agreement. As expressed by U.S. Attorney Acosta in his December 19. 2007 letter, the unorthodox use of a civil restitution 'statute in a federal plea agreement. which resulted in state charges against Mr. Epstein. has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the IS U.S.C. § 2255 aspects of the Agreement are carried out in a proper manner. it would he useful to come to an agreement as to the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr. Epstein fully intends to abide by the terms of the Agreement, and we hope you appreciate that our efforts to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Agreement arc intended only to ensure that it is carried out filly and fairly. In an effort to avoid having either party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. It would he extremely - helpful to both sides to have an independent third party consider the Agreement and offer the final word on how certain clauses should be interpreted and satisfied. Because the government has already enlisted Judge to select the attorney representative under the Agreement. we would be amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identified individuals will obtain restitution. I am providing you with our thoughts on three issues below. Chap Hong Kong London Los Angeles Munich San Francisco WO-40*M U.C. EFTA00183558 .vu KIRKLAND & ELLIS LLP August 18. 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals. it will be appropriate to notify them. First. I am concerned by your suggestion that you might want to increase the number of individuals on the government's list. I had expected the number to have become smaller, because when we spoke prior to signing the agreement you told me that the government already had a list, and we were informed thereafter that the September 24. 2007 list had been narrowed. Certainly. anyone who was not on the list prior to September 24. 2007 cannot permissibly he added to the list. Second. we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Bases) on the Agreement. - the information contained in the notification should he limited to (I) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact information of the selected attorney representative. We object to the inclusion of additional information about the investigation of Mr. Epstein, the terms of the Agreement other than paragraphs 7-10. and the identity of other identified individuals. Third, as you are aware. the Addendum requires that "the parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra." We will certainly cooperate with the government to draft such a joint submission and would he pleased to submit draft language to you for such a joint submission. I look forward to working with you to resolve these matters. I believe we have a mutual interest in moving past all ()I' these issues so that the civil restitution aspects of the Agreement can be fulfilled. Sincerely. cc: Chief; Northern Division EFTA00183559 KIRKLAND & ELLIS LLP Fax Transmittal Cingroup Center 153 East 53rd Street New York, Phon Fax 4611 Please notify us immediately if any pages arc not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION. AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOlia DIATELY AT: To: Company: Fax #: Direct #: United States Attorney's Office Company: Fax 0: Direct #: United States Attorney's Office From: Date: Pageswbover Jay P. Lelkowily. August 18. 2008 Fax #: Direct #: Message: EFTA00183560 t!8/o% Wietpite, Cirtmucv EFTA00183561 sty IA Pcvelu-r to Lek' k..r adc EFTA00183562 U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561)8204711 Facsimile: August 21, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Letkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier letter. The U.S. Attorney's Office shares in your desire to implement all of the terms of the Non-Prosecution Agreement. As you are aware, the jointly-approved Special Master, Judge , has already selected an attorney representative, Robert Josefsberg, who was accepted by both parties. The Office has conferred with Mr. Josefsberg, who has agreed to continue in that role. In October 2007, Mr. Josefsberg expended time, effort, and funds in preparing to serve as the attorney representative, and he will need a written confirmation from you that his future fees and expenses will be paid in accordance with the terms of the Non-Prosecution Agreement. Please provide me with a copy of that correspondence for my file. With that matter settled, I believe that the requirement for a joint written submission to the Special Master has been extinguished. Nonetheless, I have no objection to attempting to create a joint statement to assist Mr. Josefsberg in serving his duties. Regarding your suggestion that we ask Judge to "offer the final word on how certain clauses should be interpreted and satisfied," I believe that the Agreement speaks for itself. EFTA00183563 JAY P. LEFKOWFTZ, ESQ. ROY BLACK, ESQ. Aucus-r 21, 2008 PAGE 2 OF 2 Pursuant to the terms of the Agreement, following Mr. Epstein's sentencing, the U.S. Attorney's Office provided Mr. Epstein's counsel with a list of the individuals whom it was prepared to name in an indictment as victims of an offense enumerated in 18 U.S.C. § 2255, and none of those names will be deleted. By his agreement, Mr. Epstein sought to resolve liability for all criminal activity known to the United States as of the time of his plea and sentencing, and he is responsible for damages to all victims of that criminal activity. Copies of the victim notifications will continue to be provided to counsel for Mr. Epstein. Please let me know whether I should continue to list Mr. Goldberger as the point of contact for the civil litigation. Regarding your suggestion on the content of the notification letters, I intend to use the same format that was used in the letters previously approved by Messrs. Goldberger and Tein, except that I will include the language from the September and October agreements. I have enclosed a draft herewith. Because I previously provided the victims with incorrect information—albeit with the approval of Mr. Epstein's counsel—it is imperative that I correct the error promptly. Accordingly, if you have any substantive objections to the letter, please advise me by tomorrow afternoon. Sincerely, R. Alexander Acosta United States Attorney By Assistant United States Attorney cc: Chief, Northern Division EFTA00183564 U.S. Department of Justice United Stales Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: August 22, 2008 VIA FACSIMILE AND U.S. MAIL Michael E. Dutko, Esq. Bogenschutz & Dutko 600 S. Andrews Ave, Suite 500 Fort Lauderdale, FL 33301-2802 DRAFT Re: Jeffrey Epstein, AMENDED NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Dutko: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following amended notice to your client, Some of the information contained in the July 20, 2008 letter to Ms. was inaccurate, so please advise her of the following changes. As you were previously advised, on June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf￾009454A3OOCMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions, including the following: 1. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00183565 MICHAEL E. Duna), ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM AUGUST 22, 2008 PAGE 2 OF 3 DR AElf litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. Ms. is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr. Joscfsberg's services will be provided at no cost to Ms. because Mr. Epstein is obligated to pay the costs and fees of the attorney-representative. Also, Mr. Epstein and his attorneys can only contact Ms. via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. 2. If Ms. elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his ri t to contest damages up to an amount as a ed to between Ms. and Mr. Epstein, so long as Ms. elects to proceed exclusively under 18 U.S.C. § 2255, and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above, Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed a ainst him. Thus, if after consideration of potential settlements, Ms. and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255 to bear the costs of the attorney representative, shall cease. Mr. Josefsberg will be contactins=vithin the next week to explain these terms and to determine if he may contact Ms. directly. If you would like to contact Mr. EFTA00183566 MICHAEL E. DUTKO, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM AUGUST 22, 2008 PAGE 3 OF 3 Josefsberg directly, he can be reached at 305 358-2800. If Ms. has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so long as the victim (and/or her attorne reviews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature. As I stated in my earlier notification, please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation, but we again thank you and your client for all of her assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY DRAFT By: ASSISTANT U.S. ATTORNEY cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00183567 `12-2-(°1 LakissaZ (4-rli AMCV EFTA00183568 08/22/2008 17:09 FAX la 002/003 KIRKLAND & ELLIS LLP MD Al MIMED 1•AMINERSI Mrs Cillgroup Conlor 153 E0615ano Shiest Now York. Now York 10022.4411 Jay P I olkowk:, P C TO Call Writer Ofrealy 440-4910 polkowilt.p..kurklowl cum VIA FACSIMILE United States Attorney's Office Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein I /car (M) 44G-4800 wow k Aland con August 21, 200R Facsimile I vtrite this letter to correct certain misstatements made in your letter dated August 21. 2008. and the accompanying draft notification. First. you state that "Mr. Josefsberg expended time. effort and funds in preparing to serve as attorney representative in October of 2007.- Neither I. nor any other attorney on Mr. Epstein's defense team. was notified of this work by Mr. Joselsberg. • Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged •"victims" and/or their attorneys -request the opportunity to review the Agreement.- the USA° shall comply with the request so long as those individuals agree not to disclose the Non-Prosecution Agreement. There is no court order requiring the government to provide the alleged "victims•" with notice Thal the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the 1C1'1115 of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unma %miry in any event and should he excised. Third. misstatements in your prior notification were not made "with the approval of Mr. Epstein's counsel." Fourth. we are concerned with your open-ended description of Mr. lipstcin's responsibilities regarding civil restitution. 'the resolution of liability pursuant to IR U.S.C. EFTA00183569 08/22/2008 17:09 FAX al 003/003 KIRKLAND & ELLIS LLP August 2s, stoat Page 2 2235 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more, no less. Filth. while you state, in your letter. that the USA() (foes not intend to delete any of the names on the list provided to Mr. Epstein's counsel, you do not confirm that the prior list is final and complete. There can be no expansion of the list of individuals that you informed us had been memorialized as of September 24. 2007 and disclosed to Mr. I ipstein on June 30. 2008 (the date ()I' sentence pursuant to the Agreement's disclosure requirements). Please confirm the exact name and number of individuals the government plans on notifying as provided for under the Agreement. Sixth. based on express language in prior communications from your Office. we arc in agreement that paragraphs 7 and 8 of the Agreement are in need of clarification and implementation. We will work with the attorney representative in attempting to reach a fair resolution of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh, we have previously conimunieated our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. JoM'sberg's duties include filing contested litigation. In any case, that issue is not ripe thr resolution at this point, but again, given his agreement to be the attorney representative. we will address these match directly with Mr. Jnscfsbcrg. • Sin er ly. tiy P. I.elkowitz cc: Chief. Northern Division EFTA00183570 08/22/2008 17:09 FAX eoot/003 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street Now York. N •r 1 r r. -4611 Phone: Fax: Please notify us immediately it any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY S IMMEDIATELY AT: To: U CC: Company: United States Attorney's Office Company: United States Attorney's Office Fax #: Fax it: Direct #: Direct it: From: Date: Ipagsw/cover: Fax It: Direct #: Jay 1'. Lefisowitz Aueust 22.200R 3 Message: EFTA00183571 KIRKLAND & ELLIS LLP mounusim PARINLOSI ties Creamer) COMM 153 East 53ra Street . New York. Now York 10027-401 I Jay P I ofkowitz, P C To Call Wrkor Directly Fars...not IMI-410-4910 viww kilkizind corn :212) 446 4900 ilorkoyntzfloorkiond coin August 22,2008 VIA FACSIMII.F. (561) R20-8777 •'s Mice Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein Dcar Marie: I write this letter to correct certain misstatements made in your letter dated August 21. 2008. and the accompanying draft notification. First. you state that "Mr. Josefsberg expended time. effort and funds in preparing to serve as attorney representative in October of 2007." Neither I. nor any other attorney cm Mr. F.pstein's defense team. was notified of this work by Mr. Josef-shag. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged "victims" and/or their attorneys "request the opponunity to review the Agreement." the USAO shall comply with the request so long as those individuals agree not to disclose the Non-Proseeution Agreement. There is no court order requiring the government to provide the alleged "victims" with notice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is tmnt.t.t.m.ary in any event and should be excised. Third. misstatements in your prior notification were not made "with the approval of Mr. Epstein's counsel." Fourth, we are concerned with your open-ended description of Mr. Epstein's responsibilities regarding civil restitution. The resolution of liability pursuant to 13U.S.C. EFTA00183572 ptUU4/vua KIRKLAND & ELLIS LLP August 22. 2008 Page 2 * 2255 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more. uo less. Piffles while you state, in your letter, that the USAO does not intend to delete any of the names on the list provided to Mr. Epstein's counsel, you do not confirm that the prior list is final and complete. There can be no expansion of the list of individuals that you informed us had been memorialized as of September 24. 2007 and disclosed to Mr. Epstein on June 30. 2008 (the date of sentence pursuant to the Agreement's disclosure requirements). Please confirm the exact name and number of individuals the government plans on notifyinµ as provided for tinder the Agreement. Sixth. based on express language in prior communications from your Office. we are in agreement that paragraphs 7 and 8 of the Agreement are in need of clarification and implementation. We will work with the attorney representative in attempting to reach a 1:iir resolution of the outstanding civil matters itt a manner that is in accordance with the Agreement. Seventh, we have previously communicated our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. Josekherg's duties include filing contested litigation. In any ease, that issue is not ripe for resolution at this point. hut again, given his agreement to be the attorney representative. we will address these matters directly with Mr. Josefsberg. Sin 104. • P. Iselkowitz cc: Chief. Northern Division EFTA00183573 Val WV 41VVO KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, New York 1 -4611 Phone: Fax: Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: To: CC: Company: linked States Attorney's Office Company: llnited States Attorney's Office Fax II: Direct #: Fax #: Direct #: From: • Date: Pagostiotover: Fax #: Direct It: Jay P. Leficowity. August 22, 200R 3 Message: EFTA00183574 KIRKLAND & ELLIS LLP N40 Amumm PARTNERS' MS CrIletoup Center 153 East 53w Strout . New York. New York 100224611 Jay P I olkowitz. P To Call Wilier Mealy ParsonOe M-eltia1970 wow kektmnO coin (214 446.4900 lierkowtz@koklosei cum August 22, 20011 VIA FACSIMILE (561) R20-8777 d's Office Southern District of Florida • 300 South Australian Avenue. Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein Dear I write this Icier to correct certain misstatements made in your lever dated August 71. 2008. and the accompanying draft notification. . • First, you state that "Mr. Josefsberg expended time. effort and funds in preparing to serve as attorney representative in October of 2007." Neither 1. nor :my other attorney on Mr. Epstein's defense team. was notified of this work by Mr. Josefsberg. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution. Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the • alleged "victims" - and/or their attorneys "request the opportunity to review the Agreement." the DWI shall comply with the request soiling as those individuals agree not to disclose the Non-Prosecution Agreement. 'there is nit court order requiring the government to provide the alleged - victims" with notice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. - this conflicting paragraph ol'your notice. is unnecessary in any event and should be excised. Third. misstatements in your prior notification were not made "with the approval of Mr. Epstein's counsel." Fourth, we arc .concerned with your openrended description of Mr. lipstein's responsibilities regarding civil restitution. resolution of liability pursuant to 18 EFTA00183575 uunuu4 KIRKLAND & ELLIS I.I.P August 22. 200X Page 2 § 2233 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more. no less. Fifth. while 'you state, in your letter, that the USA() does not intend to delete any of the names on the list provided to Mi..Epstein's counsel, you do not confirm that the prior list is final and complete. There can he no expansion of the list of individuals that you informed us had been memorialized as of September14. 2007 and disclosed to Mr. Epstein on June 30. 2008 (the date of sentence pursuant to the Agreement's disclosure requirements). Please conlinn the exact name and number of individuals the government plans on notifying as provided kne under the Agreement. Sixth: based on express language in prior communications from your Ofilee, we are in agreement that paragraphs 7 and R of the Agreement are in need of clarification and implementation. We will work with the attorney representative in attempting to reach a fair resolution of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh, we (sive previously communicated our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. Niselkberg's duties include filing contested litigation. In any ease, that issue is not ripe for resolution at this point, but again, given his agreement to be the attorney representative. we will address these matters directly with Mr. Josefsberg. cc: Chief. Northern Division Sin • • P. Letkowitz. / EFTA00183576 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York. N al 1 ip -4611 Phone: Fax: Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY S IMMEDIATELY AT: To: Company: Fax #: Direct #: linked Stales Attorney's Office CC: Company: Fax #: Direct #: t Inited States Attorney's Office From: Date: PageswIcover. Fax #: Direct #: Jay P. Leitowitz August 22, 2008 3 Message: EFTA00183577 "PM91-11,1 1 04 Ari A-)riv %oloril5 EFTA00183578 U.S. Department of Justice United States Attorney Southern District of Florida 500 S Australian Ave, Ste 400 West Palm Beach, Ft 33401 (561)820-8711 Facsimile: August 26, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your letter of August 22nd. I write to follow up on some of the points that you raised. The list of thirty-two victims that was provided to Mr. Goldberger via certified mail on July 10, 2008 is the final list. As I mentioned, copies of the notification letters to each victim will be carbon-copied to an attorney for Mr. Epstein and Mr. Josefsberg. I asked you to advise me whether Mr. Goldberger should continue to be listed as the contact person for the civil litigation in the amended victim notification letters and whether he should receive the carbon copies of those letters as they are sent. I also asked you to provide me with written confirmation of your agreement to pay Mr. Josefsberg's fees. Please provide that confirmation to Mr. Josefsberg so that he can begin his representation, and provide me with a copy for my file. I have conferred with the lead AUSA in the case of Jane Doe 1 and 21 United States, EFTA00183579 JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. AUGUST 26, 2008 PAGE 2 OF 2 and he agrees that, based upon the discussion with Judge Marra during the hearing on the plaintiffs' motion, a notification of the judge's ruling is required. I will, however, change the language slightly to direct the victims to discuss the matter with Mr. Josefsberg. With regard to your concerns with my "open-ended description of Mr. Epstein's responsibilities regarding civil restitution," I agree that the resolution of civil damages claims is as stated in paragraphs 7 and 8 of the Agreement and Addendum. That is why the language in the notification is taken verbatim from paragraphs 7, 8, and 7C of the Agreement and Addendum, except that the victim's name is used in place of "identified individual." As I mentioned in my earlier letter, if you have any proposed substantive changes, please provide them to me. Mr. Goldberger and Mr. Tein explicitly approved the language in my earlier victim notification letter, even though they apparently were taking the position that the December 19, 2007 letter was not part of the Agreement, so that misinformation was provided to the victims with the approval of Mr. Epstein's attorneys. With regard to your sixth and seventh points, I reiterate that it is the Office's position that the Agreement and Addendum speak for themselves. Let me also reiterate that, while the Office does not intend to involve itself in any civil negotiations or litigation, if it comes to our attention that Mr. Epstein has breached the terms of the Agreement, the Office intends to enforce its right pursuant to the Agreement. I would appreciate a prompt response to the question regarding which of Mr. Epstein's attorneys should be named in and receive copies of the notification letters, as well as documentation of your commitment to paying Mr. Josefsberg's fees so that I may begin distributing the revised victim notifications on Wednesday morning. Sincerely, R. Alexander Acosta Unftell States Attorney By: Assistant United States Attorney cc: , Chief, Northern Division EFTA00183580 qt240% bzitots‘n UrID AfAcv EFTA00183581 se' •••••.- KIRKLAND & ELLIS LLP AMO A fffff Mtn raterrosetr. Jay F. Lolkowez. F.C. To Call Willer Ditec corn VIA FACSIMIIS CiligreeO Comnr 153 Easi raw Street New York. Now York 10022.4611 (a 440.41100 www.lorhlood.com September 2. 2008 linked Stares Attorney's Office . Southern District of Florida 500 South AustellHan Avenue: Suite 400 . West Palm Beach. Florida 35401 Re: deity Epsrein Dear Marie: Facsimile: (212) 446.4600 In response to your letter dated August 26. 200$. I ant confirming Thai Mr. Goldberger should continue to be listed as thecontact person in the amended tiietim notification letters and should receive the carbon copies of thOse letters as they are sent. Also. wo plan on speaking to Mr. Josefsberg This week to discuss a procedure Ibr paying his fees. We intend to comply fay with the agreement and Mr. Epstein hill pay Mr. Josfsberg's usual and customary hourly rates f r his work pursuant to the agreement Melia:Mug settlements under 2255. cc: Chid Noithcrn Division Jack Goldberger Roy Black • Sincerely, 1 4 1. 1:( tit Jae I.. lkocvi (xi Owego Hong Kong London Los Angeles Munich San Francisco Warf.tanglon, D.C. EFTA00183582 ti'd it " 4 4 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rD Street New York. New York 1 .41611 Phone: Fax: Please notify us Immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY . BE ATTORNEY-CLIENT PRIVILEGED. MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOT FY IMM IATELY AT: Jack Goldberger Roy Black From: Jay P. Lelkowim Company: United States Attorney's Office Company: • United States Attorney's Office Atterbury. Goldberger & Weiss Black, Srehnick, Komspan & Snimpf Fax #: Fax Direct #: Direct Date: September 2. 2008 Pageswkovec 2 Fax #: Message: Please see attached. EFTA00183583 9 /17/0S, AAV Or-11) LcW.:won - -a , B,Ac icvDt-DFF-11c9e;e-- RE PIWAILy met& EFTA00183584 U.S. Department of Justice United States Attorney Southern District of Florida Facsimile: September 17, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Jay, Roy, and Jack: On today's date, our Office received an inquiry from State Attorney Barry Krischer related to the Non-Prosecution Agreement. In accordance with the terms of that Agreement, I am notifying you of this development. State Attorney Krischer has been contacted by counsel for the Palm Beach Daily News asking why the Non-Prosecution Agreement is under seal in order to determine whether to file suit asking that it be unsealed. I have informed State Attorney Krischer that the Agreement contains a confidentiality clause requiring us to provide Mr. Epstein's counsel with notice prior to making any disclosure (compulsory or otherwise). Since Mr. Epstein is a party to that criminal case, he has standing to contest any EFTA00183585 JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. JACK GOLDBERGER, ESQ. SEPTEMBER 17, 2008 PAGE 2 OF 2 unsealing, while we do not. Accordingly, I ask that you confer with Mr. Krischer regarding how you would like to proceed with the matter. I also want to reiterate the concern I raised in my letter of August 15, 2008, that the complete Non-Prosecution Agreement, which includes the October Addendum, has not been filed with the Court in accordance with the Judge's order. Please advise that this issue has been resolved. Thank you for your attention to these matters. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Ba Krischer State Attorney Chief, Northern Division EFTA00183586 EFTA00183587 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Roy: 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile November 24, 2008 On Thursday I learned that Mr. Epstein applied for and was admitted to the Palm Beach County Sheriff's Office's work release program and that he has been on work release for the past few weeks. For the following reasons, the Office believes that Mr. Epstein's application to and participation in the work release program is a material breach of the Non￾Prosecution Agreement. Accordingly, the United States demands that Mr. Epstein withdraw his application to participate in the program and complete his eighteen-month term of imprisonment in accordance with the Non-Prosecution Agreement. The Non-Prosecution Agreement provides that Epstein "shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and probation or community control in lieu of imprisonment." I have more than a dozen e-mails between myself and Jay Lefkowitz discussing the U.S. Attorney's insistence on eighteen months of incarceration. You will recall that at one meeting you and Ms. Sanchez raised the idea of Mr. Epstein hiring Sheriff's Deputies to guard him as equivalent to imprisonment. Mr. Acosta specifically rejected that suggestion. It is our understanding from the Sheriffs Office that Mr. Epstein is paying off-duty Sheriffs Deputies to guard him while he "works" at Mr. EFTA00183588 ROY BLACK, EsQ. Novsmass. 24, 2008 PAGE 2 OF 4 Goldberger's office building each day. As you remember, shortly before Mr. Epstein's change of plea, Mr. Goldberger sent me a copy of the proposed plea agreement with the state. On June 27, 2008, I sent a letter containing the following language to you and Mr. Goldberger: The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 fonel. As a special condition of this Community Control the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, ... without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation ofeighteen months imprisonment, which means confinement twenty-four hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. (Emphasis in original.) As I specified in that letter, the Non-Prosecution Agreement calls for "confinement twenty-four hours a day." In response to that letter, Mr. Goldberger agreed that he would revise the state plea agreement to include the word "imprisonment" to make clear that Mr. Epstein would be incarcerated for the full eighteen months and would change the language of the state agreement to match the language of the federal agreement. Mr. Goldberger and I also discussed the situation and he made clear that Mr. Epstein would not be asking for or receiving work release and would remain in jail "around the clock." In early August, and I raised the same issue with you when we heard EFTA00183589 ROY BLACK, ESQ. NOVEMBER 24,2008 PAGE 3 OF 4 that Mr. Epstein was considering applying for work release. On August 6, 2008, Ms. Atkinson and I had a conference call with you wherein you again stated that Mr.. Epstein would not apply for or receive work release and would spend his eighteen months incarcerated twenty-four hours a day at the Palm Beach County Stockade. In preparation for this letter, I obtained a certified copy of Mr. Epstein's state court file. On June 30, 2008, on the procurement of minors charge, Judge Pucillo entered the following sentence: The defendant is hereby committed to the custody of the Sheriff of Palm Beach County, Florida for a term of 6 mos. It is further ordered that the Defendant shall be allowed a total of 1 days [sic] as credit for time incarcerated prior to imposition of this sentence. It is further ordered that the composite term of all sentences imposed for the counts specified in the order shall run consecutive to the following: Specific sentences: 2006CF9454AXX. . the following provisions apply to the sentence imposed:. . . Followed by a period of 12 mos on community control 1 under the supervision of the Department of Corrections . . . . As I learned on Friday when I received the state court file, you neglected to inform our Office that, on July 21, 2008, Judge McSorley modified the judgment nunc pro tune to an "Order of Community Control I." This same language was the basis for the objection in my letter of June 26, 2008 and directly contradicts the language of the Non-Prosecution Agreement. I also note that, on the state plea agreement, Mr. Goldberger did not insert the word "imprisonment" as agreed prior to the change of plea, instead the words "jail sentence" are included. The Office's Agreement not to prosecute Mr. Epstein was based upon its determination that eighteen months' incarceration (i.e., confinement twenty-four hours a day) was sufficient to satisfy the federal interest in Mr. Epstein's crimes. Accordingly, the U.S. Attorney's Office hereby gives notice that Mr. Epstein has violated the Non-Prosecution Agreement by failing to remain incarcerated twenty-four hours a day for the eighteen-month EFTA00183590 Roy BLACK, ESQ. NOVEMBER 24, 2008 PAGE 4 OF 4 term of imprisonment. The United States will exercise any and all rights it has under the Non-Prosecution Agreement unless Mr. Epstein immediately ceases and desists from his breach of this Agreement. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Chief, Northern Division EFTA00183591 IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, vs. STATE OF FLORIDA1LM BEACH NEWSPAPERS, INC., ., AND B.B., Respondents. SUPPLEMENTAL APPENDIX TO PALM BEACH NEWSPAPERS, INC., d/b/a THE PALM BEACH POST'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LOCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3 rd Avenue, Suite 1500 Ft. Lauderdale, FL 33301 EFTA00183592 Document Tab Transcript of June 10, 2009 hearing Administrative Order No. 2.303-9/08 Of the Fifteenth Judicial Circuit 2 Administrative Order no. 2.032-10/06 Of the Fifteenth Judicial Circuit 3 John Doe Museum of Science and History of Jacksonville, Case No. 92-32567, 1994 WL 741009 (Fla. 7th Jud. Cir. June 8, 1994) 4 Government's Response to Victim's Emergency Petition for Enforcement of Crime Victim Rights Act, 18 U.S.C. § 3771 5 Declaration of In Support of United State's Response to Victim's Emergency Petition for Enforcement of Crime Victim Rights Act, 18 U.S.C. § 3771 6 Defendants Jeffrey Epstein and Motion for Stay ' 7 Florida Sugar Cane League, Inc.'. Florida Dept. of Environmental Regulation, Case No. 91-2108 (Fla. 2d Jud. Cir.), 8 Order Releasing Public Records dated September 20, 1991 2 EFTA00183593 EFTA00183594 oq-R-3-7 g I I I I 1 IN THE CIRCUIT COURT OP THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION CASE NOE.: 1006-CF9454 AXX and 2008-CF9301 AXX STATE OF FLORIDA, Plaintiff, VS. JEFFREY EPSTEIN, Defendant. PROCEEDINGS HELD BEFORE THE HONORABLE JEFFREY J. COLBATH JUNE 10, 2009 11:08 A.M. - 11:25 A.M. PALM BEACH COUNTY COURTHOUSE WEST PALM BEACH, FLORIDA • Reported by Louanne Rawls Notary Public, State of Florida Went Palo Beach Office (100578 EFTA00183595 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 2 APPEARANCES: On behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE Atterbury, Goldberger, et al. 250 Australian Ave. South, Suite 1400 West Palm Beach, FL 33401 On behalf of the Defendant ROBERT CRITTON, JR., ESQUIRE Burman, Critton, et al. 515 N. Flagler Drive, Ste. 400 West Palm Beach, FL 33401-4349 On behalf of Third Party I'll. WILLIAM J. BERGER, ESQUIRE BRADLEY J. EDWARDS, ESQUIRE Rothstein Rosenfeldt Adler 401 E. Las Olas Blvd., Suite 1650 Fort Lauderdale, FL 33394 On behalf of Third Party, The Post DEANNA SHULLMAN, ESQUIRE Thomas, LoCiero & Bralow, PL 101 N.E. 3rd Avenue Suite 1500 Fort Lauderdale, FL 33301-1181 EFTA00183596 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 3 PROCEEDINGS BE IT REMEMBERED that the following Proceeding* were had and testimony adduced before the Honorable Jeffrey Colbath, at the Pala Beach County Courthouse, West Palm Beach, PlOrida beginning at the hour of 11:08 a.m. On June 10, 2009, with appearances as herein noted to-wit: THE COURT: State vs. Epstein. Let me have for the record, announce everybody's appearance. William J. Berger and HR. SEHOEfti Your Honor, Bradley Edwards for non-party NV. SHULLNANI Your Honor, Deanna Ehullman of Thomas, LoCiero 4 Bralow for non-party The Palm Beach Post. TNB COURT: Let me slow down a little bit. On behalf of The Post is? MS. SHULLNAN: Deanna Shullnan THE COURT: S-H-U-L -- KS. SHULLMAN: S-H-U-L-L-X-A-N THE COURT: Me. Shullman, good morning. Hr. Berger, good morning. And Mr. Borger, your client is E -- NR. BERGER: ., yes. THE COURT: Anybody else here? Nit. EDWARDS: Bred Edwards on behalf of as well, Judge. Thanks, EFTA00183597 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 4 THE COURT: Last name is spelled? MR, EDWARDS: Edwards. E-D-W-A-R-D-E. THE COURT: Okay. MR. GOLDBERGER: For the other side, Your Honor, Jack Goldberger along with Robert Critton on behalf of Jeffrey Epstein. THE COURT: It is the POst's and fl Motion to Intervene for the purpose of unsealing records? MR. BERGER: Yes, sir. THE COURT: Here's what I think I know, and I toll you this so that you can till in the gape of what you know that I don't know and suggest what you think I ought to do. It appears to me that there was some agreement -- an agreement that was peeled and then an addendum or amendment to the agreement that was sealed as to documents in the court's tiles under seal and it appears as though the punitive interveners want to unseal those and take a peak at them. I don't see where any of the proper procedures to seal the documents was ever followed to begin with. I don't know but it's not jumping out at me when I reviewed the file. so, I'm thinking that it might be appropriate and the burden might be on the moving party, being the state and Mr. Epstein, to give them the opportunity to jump through the bur -- hoops to seal the documents it they are entitled to have them sealed, then EFTA00183598 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 5 1,11 grant that request. It they're not entitled to seal then I'll order it as documents unsealed. But that's kind of procedurally where I think the case La. I will allow Mr. Berger and Ms. Shullman to argue if they wish to, otherwise I will go over to Mr. Goldberger and Hr. Critton to perhaps talk about what they think about my suggestion. Hr. Berger? MR. BERGER: I like to hear what they say. THE COURT: Ma. Shullman? MS. SHULTMAN: Agreed. THE COURT: Hr. Goldberger? MR. GOLDBERGER: Your Honor THE COURT: I mean, it looks like they just handed up an Agreed Order to sign. HR. GOLDBERGER, well, if the Court -- I know the Court is trying to short circuit here and the idea in theory is not horrible, it's not terrible, it's actually not so bad. But let so alert the Court to a couple of issues. First of all, this is not something that came up ahead of time where we were moving to close a hearing or file documents under seal and the Rules of Judicial Administration makes' an important distinction between things that are done in advance and things that come up during a hearing and the tact that maybe it goes to the Rule -- talk about situations that arise during the course EFTA00183599 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 6 of a hearing. that the Rules would not apply to that. Secondly, NV. is Motion to Intervene is brought under a Rule that does not apply because she brought it under a Rule that applies to non-criminal cases. Having said that I know the Court's desire to get to the issues here end I just need to alert the Court to one other matter because Z think it's really important. The Plaintiff's. has this agreement already. They have this agreement. Counsel will tell you they have this agreement. There have been two hearings in front of Judge Marrs who has the Federal cases here, They moved to unaeal the non-prosecution agreement in front of Judge Marra. He entered an initial Order, a very, very well reasoned Order which I have a copy for the Court. TRH COURT: Oh. thanks. MR. OOLOSHRORR, He entered a very, very well reasoned Order weighing the interest of the Plaintiffs to have access to the non-prosecution agreement with the confidentiality that the parties intended to be part of thin agreement. And what he did, he said they can have this agreement. They can review it all they want. If they want to review it with somebody sloe, they need to give them a copy of thls Order that it is not to be disclosed to anyone else. Subsequent to that -- so that's the Rule that's in place right now. Subsequent to that the EFTA00183600 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 7 Plaintiffs went back and said we want to disseminate this order. WO went to disseminate this agreement to other parties and Judge Marra entered a Second Order denying that request and said, no. Hy Order is in place but if you have soma compelling reason why you want this agreement to be disseminated to others, file a motion and come back to THE COURT: This is as a result of some civil litigation p►nding in the Federal courthouse? MR. GOLDBERGER: Yes. THE COURT+ As opposed to any criminal prosecution going on? MR. GOLDBERGER, It is civil proceedings that are going on in Federal Court. But in the interest of comedy. Your Honor, the Court hes ruled on the confidentiality agreement and has pUt a we21 reasoned procedure into place. If the parties want that agreement unsealed where they need to go is go back to Federal Court and Judge Marra invited them to do so. THE covert That may bo as it pertains to ION, but what about The Poet? MR. GOLDBERGER; I think -- and I think I know where the Court is going on this. It The tost's position is the public has right to act -- access to this then there is a procedure in place and ultimately the Court has to conduct EFTA00183601 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S Proceedings June 10, 2009 8 a hearing and do the balancing test where you look at whether there is some compelling government interest and that's going to require an evidentiary hearing. 80 i have no great objection to filing the Request for Closure and then have a hearing in front of the Court. THE COURT, Well, let's do -- I'm thinking out loud. I'm not ruling. I will give you all a chance to argue further, but this is what I'm thinking I vIll do, grant the Motion to Intervene. It gives standing to MI. It gives standing to The Post to contest the fact that these were sealed. And then I will shift the burden back on the State end Defendant, Mr. Epstein, to petition the Court to seal these documents. Until such time that I rule on that I will leave them under seal because they might have been correctly sealed but the procedure wasn't followed. There's got to be notice. You've got to comply with the Administrative order 2.103. You've got to comply with the Rule of Judicial Administration 2.4201d). I think even though that's a civil -- it address.. a civil matter this le, you know, in the nature of • civil procedure. So, do that. And thank you for those Orders. So, where do we go from here? I'm thinking out loud, not ruling. Mr. Berger? MR. DEADER; Judge, with all due respect I completely disagree with counsel's characterisation of EFTA00183602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 9 those two Orders. I don't know it he handed up both to you? THE COURT: I do. MR. BERBER, They simply do not say what he tells you they say. THE COURT: read them MR. BERBER: All right. THE COURT: -- and 2.11 allow you to make that argument -- MR. BERBER: And -- and THE COURT, -- at the time of the Renewed Motion to Seal. MR. BRROER: All right. And, also, I don't think the Court -- I think the Court needs to deal with this immediately, expeditiously. This i■ a matter that the Supreme Court has placed incredible scrutiny over. And the Rule that we are traveling under -- we're not only traveling under a Rule of Judicial Administration that applies to criminal and civil cases, we're applying to an Administrative Order of this Court that was in place when the sealing was done and that superseded the sealing. THE COURT; I -- MR. DEBORA: just saYlng, I respectfully request that the Court not delay chLs ono minute. THE COURT You've Got the agreements. EFTA00183603 1 2 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 10 MR. BEROER: Pardon net THE COURT, You've got the agreements anyway. You've got what's under seal. MR. BEROER: Judge, we cannot do anything with them. THE COURT: Take that up with Judge Marra. MR. BERGER: No, sir. That is not what the Order says. May I quote Judge Mom. *If a specific tangible need arises in a C11/12 case the relief should be sought in that case.' In other words, the civil cases which are in front of Judge Hefei* is one forum that Judge Marra said go to it. Judge Kerr. did not say that this Court does not have Jurisdiction to unseal its own sealed record, or to vacate its own Order sealing. And any characterisation is -- is false. THE COURT; I'll take a look at it and I'll drew from it what it says -- what I think it says. I appreciate your zealous representation of your client. Please, it appears as though you're yelling at me. MB. SHULLMAM: Your Honor? THE COURT' Na. shullmant MR. BRACER, Judge, this happens to be a very serious matter and every day of delay delays our discovery. THE COURT: Me. Shellnan? SHOLLMAN: Your Honor, if I may be heard on the EFTA00183604 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 11 Issue as well. As a representative of the public's right of access THE COURT' Right. MS. SHULLMAN: -- here essentially, I would agree with Mr. Berger that we need an immediate hearing on this issue. That's what we're here to do today. I think I heard Your Honor say that he's not clear that the procedures were applied. My review of the record does not reveal that the procedures were complied with. My review is similar to Your Honor's. It looks like sort of everybody approached the bench and Judge Pucillo said let's take it under seal, If Mr. Epstein's counsel le not prepared to go forward today end meet his burden, then I would ask that this Court sat a hearing as noon as practical because the right solution hero should be to unseal the records and then, YOU know -- THE COURT, I've gotcha. MS. SRULLMANt -- and they have to make a motion. IRE COURT, Well, what house Is on first I mean, what is the -- I think what they have to do is they've got to give ten days notice pursuant to the Rule -- the Administrative Order, Rules of Judicial Administration, to go through that process. What -- what prejudice is there'? What house is burning down if I say okay. State end defense, go ahead and expeditiously move through the EFTA00183605 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 12 process and let's get this back on my docket as quickly as possible and give them until Friday to file their notice and ten days after that we have an evidentiary hearing. I go through the process then. What bad thing is going to happen by waiting these extra twelve to fifteen days? MS. SHULLMAN: The bad thing that's going to happen, Your Honor, is that the status quo in Florida is that the constitutional right of access is openness. THE COURT, Right. MS. SMULLMANI You know, certainly if Your Honor is inclined to postpone this hearing I would ask that it be done expeditiously es you suggest. THE COURT: Yeah. MS. SMULLMAN: You know, Friday and then ton days thereafter, it yust delay; access for another two weeks and it infringes on our rights. THE COURT, I agree. Mr. Berger, I will let you answer that same question. MR. SEROER: I don't think -- THE COURT, Anything specific rather than -- KR. BERGMR: Yes. THE COURT, You know, anything closed that the people aro allowed to look at is a transgression and any transgression is bad, but anything unique beyond that? MR. BERGER; Your Honor -- Your Honor, I do not EFTA00183606 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 13 believe that this Court has the jurisdiction to revisit the propriety of the sealing of these records and give the Defendant or the State, for that natter, a second bite at the apple. If the record■ are sealed improperly, which the Court has said on its face that appears to have occurred, I do not believe that this Court ha■ jurisdiction to allow them a second bite at the apple to go through with the notice requirements. They should have done that in front of Judge Pucillo a year ago and they did not do it. The Rule of Judicial Administration 2.420 simply does not give this Court the right to reactivate the procedure that you outlined. THE COURT% Okay. MR. BERGER: Thank you. THE COURT; Anything further, Mr. Goldberger or Mr. critton7 MR. GOLDBERGER% Just note. 'four Honor, as far as the timing of this and we want to do this expeditiously. of course, this sealing occurred not last week, not two weeks ago, not tour months ago but eleven and one halt months ago. The Post reported this last July. So, Z understand the right for the pubic to have access and wo want to do this as quickly as possible but there ie no tire here. There is no house burning. THE COURT: Then I'll go ahead and enter en Order ae EFTA00183607 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 14 I've indicated, that is that I'll grant the Intervener ,* Notion to Intervene. You have standing. I will order that the State and/or the defense by noon Friday file a Notice of -- comply with the Administrative Order 2.)03 and the Judicial Rule -- the Rule of Judicial Administration 2.420, paragraph d, that outlines the procedures to seal files in these types of cases and then we'll get a hearing scheduled for argument on whether or not they will be sealed. Until that time they will remain sealed because Judge ➢ucillo signed oft on the Order end I'm not inclined to disturb that until I find more about the merits of the movent's position. NA. GOLDBERGER, Thank you. THE COURT, Anybody want to reduce any of that mess to a written Order? MR. EDWARDS, I'd like to Your Honor. I'd like to know if you're going to give us a hearing date today￾TH8 COURT, I'll deal with that. yeah. Let me give you some time. How much time do you think it's going to take? I don't think I'm going to have any surprises. How much time do you think we need? A halt hour? MR. EDWARDS, Not more. I'd say an hour et the longest. THE COURT, I'm not taking evidence or anything like that. In the meantime, do you agree it would be prudent EFTA00183608 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 15 for me to take a look and see what the content of these things are so I can be articulate on what -- choir know about/ I didn't do that for today's hearing? MR. GOLDBERGER( The defense -- NE. EDWARDS: The non-prosecution agreement? THE COURT, Right. Whatever is under seal, Whatever it is that's under seal take a look et it so that I can at least have a feel for aDperently what you all know and I don't. HR. GOLDBERGER, The defence has no objection. THE COURT: Okay. I.11 go ahead and road those two coaled documents end I'll see you back here, assuming that. Kr. Goldberger and Mr. Critton get that done between now and Friday. Ten days from this Friday is the 22nd. How about we do this on the 25th at 1:30? MR, GOLDBERGER: One moment, Your Honor. That's tine with me. MR. BERGER, Thank you THE COURT( All right. Great. Thank you so much. MR. GOLDSRR0RR: Thank you. Judge. (PROCEEDINGS CONCLUDED) EFTA00183609 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings June 10, 2009 16 CERTIFICATE I, LOUANNE RAWLS, certify that I wee authorized to end did digitally report the foregoing proceedings and that the transcript is a true and complete record of my notes. Dated this 10th day of June, 2009. EFTA00183610 Proceedings June 10, 2009 1 alert 5:18 6:6 allow 5:3 9:8 13:6 allowed 12:23 amendment 4:15 and/or 14:3 announce arises 10:8 articulate 15:2 assuming 15:12 Atterbury 2:3 Australian 2:3 authorized 4:9 5:4,7,6 8:23,24 9:4 9:7,10,13 9:23 10:1,4 10:6,21 11:5 12:17 12:19,21,25 13:14 15:18 beyond 12:24 bit character... 8:25 10:13 circuit 1:1,1 5:16 civil 7:8,13 8:19 8:19,20 9:19 10:8,9 clear 11:7 client A acc 7:24 access 6:18 7:24 11:2 12:8 12:15 13:22 addendum 4:14 addresses 8:19 adduced 3:9 16:4 3:15 3:21 10:17 3:4. answer Ave bite close Adler 12:18 2:3 13:3,7 5:20 2:12 Anybody Avenue Blvd closed Administr... 5:22 8:18 3:23 14:14 anyway 2:19 An 2:13 Brad 12:22 closure 9:18 11:22 10:2 1:4,4 3:24 8:4 13:10 14:5 apparently a.m Bradley Colbath Administr... 15:8 1:19,19 3:6 2:11 3:11 1:17 3:4 8:17 9:20 appearance Stelae come B 11:22 14:4 3:9 2:18 3:13 5:23 7:6 back advance appearances brought comedy 5:23 2:1 3:7 7:1,6,18 6:2,3 7:14 ago appears 8:11 12:1 burden compelling 13:9,20,20 4:13,16 15:12 4:22 8:11 7:5 8:2 13:21 10:18 13:5 bad 11:13 complete agree apple 5:18 12:4,6 Burman 16:6 11:4 12:17 13:4,7 12:24 2:6 completely 14:25 applied balancing burning 8:25 Agreed 11:8 8:1 11:24 13:24 complied 5:10,14 applies Beach 11:9 agreement 6:4 9:19 1:2,20,21,25 comply C 4:13,14,15 Apply 2:4,7 3:5,5 8:16,17 14:4 6:8,8,9,12 6:1,3 3:13 3:1 16:1,1 CONCLUDED 6:18,20,21 applying beginning C880 15:21 7:2,5,16,17 9:19 3:6 1:4 5:3 10:8 conduct 15:5 appreciate behalf 10:9 7:25 agreements 10:16 2:2,5,9,16 cases confident... 9:25 10:2 approached 3:15,24 4:5 6:4,11 9:19 6:19 7:15 ahead 11:10 believe 10:9 14:7 constitut... 5:20 11:25 appropriate 13:1,6 certainly 12:8 13:25 15:11 4:22 bench 12:10 content al argue 11:11 certify 15:1 2:3,6 5:4 8:7 Berger 16:4 contest ALAN argument 2:10 3:10,10 chance 8:10 2:2 9:9 14:8 3:20,21,22 8:7 copy EFTA00183611 Proceedings June 10, 2009 2 6:14,23 correctly 8:15 counsel 6:8 11:12 counsel's 8:25 County 1:2,20 3:5 couple 5:18 course 5:25 13:19 Court 1:1 3:8,15 3:18,20,23 4:1,3,7,10 5:9,11,13 5:15,16,18 6:6,14.15 7:8,11,14 7:15,18,20 7:23,25 8:5 8:6,12 9:3 9:6,8,11,14 9:14,16,20 9:22,24,25 10:2,5,11 10:15,20,24 11:3,14,17 11:19 12:9 12:13,17,20 12:22 13:1 13:5,6,11 13:13,15,25 14:14,18,24 15:6,11,19 Courthouse 1:20 3:5 7:9 Court's 4:16 6:5 criminal 1:3 7:11 9:19 Critton 2:6,6 4:5 5:5 13:16 15:13 D d 3:1 14:6 date 14:17 Dated 16:8 day 10:22 16:8 days 11:21 12:3,5 12:14 15:14 deal 9:14 14:18 DOW1A6 2:17 3:12,17 Defendant 1:13 2:2,5 8:12 13:3 defense 11:25 14:3 15:4,10 delay 9:24 10:22 delays 10:22 12:15 denying 7:3 desire 6:5 digitally 16:5 disagree 8:25 disclosed 6:23 discovery 10:23 disseminate 7:1,2 disseminated 7:6 distinction 5:22 disturb 14:11 DIVISION 1:3 docket 12:1 documents 4:15,19,25 5:2,21 8:13 15:12 draw 10:15 Drive 2:7 due 8:24 2:13 3:1,1 3:21 16:1,1 Edwards 2:11 3:11,24 3:24 4:2,2 14:16,22 15:5 eleven 13:20 enter 13:25 entered 6:12,16 7:3 entitled 4:25 5:1 Epstein 1:11 3:8 4:6 4:23 8:12 Epstein's 11:12 ESQUIRE 2:2,6,10,11 2:17 essentially 11:4 et 2:3,6 everybody 11:10 everybody's 3:9 evidence 14:24 evidentiary 8:3 12:3 expeditio... 9:15 11:25 12:12 13:18 extra 12:5 E-D-W-A-R... 4:2 2:9 3:11,22 3:24 4:7 6:2,7 7:20 8:9 F F 16:1 face 13:5 fact 5:24 8:10 false 10:14 far 13:17 Federal 6:10 7:9,14 7:18 feel 15:8 fifteen 12:5 FIFTEENTH 1:1 file 4:21 5:21 7:6 12:2 14:3 files 4:16 14:7 filing 8:4 fill 4:11 find 14:11 fine 15:16 fire 11:19 13:24 First 5:19 FL 2:4,7,14,21 Flagler 2:7 Florida 1:2,6,21,24 3:5 12:7 followed 4.19 8:15 following 3:3 foregoing 16:5 Fort 2:14,21 forum 10:10 forward 11:12 four 13:20 Friday 12:2,14 14:3 15:14,14 front 6:10,12 8:5 10:10 13:8 further 8:8 13:15 O 3:1 gaps 4:11 give 4:23 6:22 8:7 11:21 12:2 13:2 EFTA00183612 Proceedings June 10, 2009 3 5:22 6:7 10:10,11,21 13:10 14:17 hear 14:18 gives 8:9,10 go 5:8 heard 10:25 11:6 hearing improperly 13:4 inclined 12:11 14:10 11:11 13:9 14:10 15:20 Judicial 1:1 5:21 Lociero 2:18 3:13 longest 14:23 look 5:5 7:18,18 5:20,24 6:1 incredible 8:18 9:18 8:1 10:15 8:22 10:11 8:1,3,5 9:16 . 11:22 13:10 12:23 15:1 11:12,23,25 11:5,14 indicated 14:5,5 15:7 12:4 13:7 12:3,11 14:1 July looks 13:25 15:11 14:7,17 infringes 13:21 5:13 11:10 goes 15:3 12:16 jump Louanne 5:24 hearings initial 4:24 1:23.16:4,11 going 6:10 6:12 jumping loud 7:12,14,23 HELD intended 4:20 8:6,22 8:3 12:4,6 1:16 6:19 June 14:17,19,20 Honor interest 1:18 3:6 14 Goldberger 3:10,12 4:4 6:17 7:14 16:8 Marra 2:2,3 4:4,5 5:12 7:15 8:2 jurisdiction 6:10,12 7:3 5:5,11,12 10:19,25 Intervene 10:12 13:1,6 7:19 10:5,7 5:15 6:16 11:7 12:7 4:8 6:2 8:9 10:10,11 7:10,13,22 12:10,25,25 14:2 matter kind 13:15,17 13:17 14:16 interveners 6:6 8:19 14:13 15:4 15:16 4:17 5:2 9:15 10:22 15:10,13,16 Honorable Intervener's know 13:3 15:20 1:17 3:4 14:1 4:10,11,12 mean good Honor's invited 4:20 5:15 5:13 11:19 3:20,21 11:10 7:19 6:5 7:22 meet gotcha hoops issue 8:20 9:1 11:13 11:17 4:24 11:1,6 11:16 12:10 merits government horrible issues 12:14,22 14:11 8:2 5:17 5:19 6:5 14:17 15:2 TAM grant hour 15:8 14:14 5:1 8:8 14:1 3:6 14:21,22 .7 minute L great house 9.24 Las 8:4 15:19 11:19,24 1:17 2:10,11 moment 13:24 hur 3:10 Jack 2:13 Lauderdale 15:16 months H Hefei° 4:24 2:2 4:5 2:14,21 13:20,21 10:10 Jeffrey leave morning I half 1.11,17 3:4 8:14 3:20,21 idea 13:20 14:21 4:6 let's motion handed 5:16 JR 8:6 11:11 4:7 6:2 7:6 5:13 9:1 immediate 2:6 12:1 8:9 9:11 happen 11:5 Judge litigation 11:18 14:2 12:5,6 ' immediately 3:25 6:10,12 7:9 movant's happens 9:15 7:3,18 8:24 little 14:12 10:21 important 10:4,5,7,10 3:15 move EFTA00183613 Proceedings June 10, 2009 4 11:25 moved 6:11 moving 4:22 5:20 objection 8:4 15:10 occurred 13:5,19 Office 1.25 Oh 6:15 okay 4:3 11:24 13:13 15:11 Olas 2:13 openness 12:8 opportunity 4:24 opposed 7:11 order 5:2,14 6:13 6:13,17,23 7:2,3,4 8:17 9:20 10:6,13 11:22 13:25 14:2,4,10 14:15 Orders 8:21 9:1 ought 4:12 outlined 13:12 outlines 14:6 10:1 part 6:19 parties 6:19 7:3,17 party 2:9,16 4:23 peak 4:18 pending 7:9 people 12:23 pertains 7:20 petition 8:12 PL 2:18 place 6:25 7:4,17 7:25 9:20 placed 9:16 Plaintiff 1:8 Plaintiffs 6:17 7:1 Plaintiff's 6:7 Please 10:17 position 7:23 14:12 possible 12:2 13:23 Post 2.16 3:14,16 7:21 8:10 13:21 postpone 11:23 prepared 11:12 procedurally 5:3 procedure 7:16,25 8:15 8:20 13:11 procedures 4:19 11:7,9 14:6 proceedings 1:16 3:3 7:13 15:21 16:5 process 11:23 12:1,4 proper 4:18 propriety 13:2 prosecution 7:11 prudent 14:25 pubic 13:22 public 1:24 7:24 public's 11:1 Pucillo 11:11 13:9 14:10 punitive 4:17 purpose 4:8 pursuant 11:21 put 12:1 13:23 quo 12:7 quote 10:7 N N 2:7 3:1 Sae 4:1 nature 8:20 need 6:6,22 7:18 10:8 11:5 14:21 needs 9:14 non-criminal 6:4 non-party 3:11,13 non-prose... 6:11,18 15:5 noon 14:3 NOS 1:4 Notary 1:24 Note 13:17 noted 3:7 notes 16:6 notice 8:16 11:21 22:2 13:8 14:3 R 3:1 16:1 Rawls 1:23 16:4,11 reactivate 13:11 read 9:6 15:11 really 6:7 reason 7:5 reasoned 6:13,17 7:16 record 3:9 11:8 16:6 records 4:8 10:12 11:15 13:2 13:4 reduce 14:14 relief 10:8 remain 14:9 REMEMBERED 3:3 Renewed 9:11 report 16:5 reported P P 3:1 Palm N.E 1:2,20,21,25 12:11 7:16 1:23 13:21 2:19 2:4,7 3:5,5 Post's represent... 3:13 4:7 7:23 10:17 0 question paragraph practical represent... O 14:6 11:14 12:18 11:1 3:1 Pardon prejudice quickly request EFTA00183614 Proceedings June 10, 2009 5 5:1 7:4 8:4 9:23 require 8:3 requirements 13:8 respect 8:24 respectfully 9:23 result 7:8 reveal 11:8 review 6:21,22 11:8 11:9 reviewed 4:21 revisit 13:1 right 6:25 7:24 9:7,13 11:1 11:3,14 12:8,9 13:11,22 15:6,19 rights 12:16 Robert 2:6 4:5 Rosenfeldt 2:12 Rothstein 2:12 rule 5:25 6:3,4 6:24 8:13 8:18 9:17 9:18 11:21 13:10 14:5 14:5 ruled 7:15 Rules 5:21 6:1 11:22 ruling 8:7,22 8 3:1 4:7 6:2 saying 9:23 says 10:7,16,16 scheduled 14:8 scrutiny 9:16 seal 4:16,19,24 5:1,21 6:13 8:14 9:12 10:3 11:11 14:6 15:6,7 sealed 4:14,15,25 8:11,15 10:12 13:4 14:9,9 15:12 sealing 9:21,21 10:13 13:2 13:19 second 7:3 13:3,7 Secondly 6:2 See 4:18 15:1,12 serious 10:22 set 11:14 shift 8:11 short 5:16 shullman 2:17 3:12,12 3:17,17,19 3:20 5:4,9 5:10 10:19 10:20,24,25 11:4,18 12:6,10,14 side 4:4 sign 5:14 signed 14:10 similar 11:9 simply 9:4 13:10 sir 4:9 10:6 situations 5:25 slow 3:15 solution 11:15 somebody 6:22 soon 11:14 sort 11:10 sought 10:8 South 2:3 specific 10:7 12:20 spelled 4:1 standing 8:9,10 14:2 state 1:6,24 3:8 4:23 8:12 11:24 13:3 14:3 status 12:7 Ste 2:7 Subsequent 6:24,25 suggest 4:12 12:12 suggestion 5:6 Suite 2:3,13,20 superseded 9:21 Supreme 9:16 surprises 14:20 3:18 8-R-U-L-L... 3:19 T 16:1,1 take 4:17 10:5,15 11:11 14:20 15:1,7 talk 5:6,25 tangible 10:7 tell 4:10 6:9 tells 9:4 ten 11:21 12:3 12:14 15:14 terrible 5:17 test 8:1 testimony 3:4 thank 8:21 13:14 14:13 15:18 15:19,20 thanks 3:25 6:15 theory 5:17 thing 12:4,6 things 5:23,23 15:2 think 4:10,12 5:3 5:6 6:7 7:22,22 8:18 9:13 9:14 10:16 11:6,20 12:19 14:19 14:20,21 thinking 4:21 8:6,8 8:22 Third 2:9,16 Thomas 2:18 3:13 time 5:20 8:13 9:11 14:9 14:19,19,21 timing 13:18 today 11:6,13 14:17 today's 15:3 to-wit 3:7 transcript 16:6 trausgres... 12:23,24 traveling 9:17,18 true 16:6 EFTA00183615 Proceedings June 10, 2009 6 trying 5:16 twelve 12:5 two 6:10 9:1 12:15 13:19 15:11 types 14:7 6:17 went 7:1 West 1:21,25 2:4 2:7 3:5 we'll 14:7 we're 9:17,19 11:6 William 2:10 3:10 wish 5:4 words 10:9 written 14:15 1:19 1400 2:3 1500 2:20 1650 2:13 5 515 2:7 2 2.303 8:17 14:4 2.420 13:10 14:6 2.420(d) 8:18 2006-CF9454 1:4 2008-CY9381 1.4 2009 1:18 3:6 16:8 22nd 15:14 25th 15:15 250 2.3 II ultimately 7:25 understand 13:22 unique 12:24 unseal 4:17 6:11 10:12 11:15 unsealed 5:2 7:17 unsealing 4:8 Yeah 12:13 14:18 year 13:9 yelling 10:18 1 vacate z 10:13 zealous vs 10:17 3 1:9 3:8 3rd 2.19 W #100578 33301-1181 waiting 1:25 16:11 2:21 12:5 33394 want 1 2.14 4:17 6:21,22 1:30 33401 7:1,2,5,17 15:15 2:4 13:18,23 10 33401-4349 14:14 1:18 3:6 2:7 wasn't 10th 8:15 16:8 4 week 101 400 13:19 2:19 2:7 weeks 11:08 401 12:15 13:20 1:19 3:6 2:13 weighing 11:25 EFTA00183616 DI VIZ CIRCUIT COURT OF TES FUTUNTII JWICIAL CIRCUIT IN AND TOR PAW ISEACA COUNTY, nano.* CRDCOAL STATE or FLORIDA, Plaintiff, vs. JE/OVEY Eft:EYE, Defendant. rrocuormos NEW BEFORE Tat SONWASLE JEMMY J. C.OLBA2i1 EWE 10, 2009 11:0B A.N. - 11:25 A.D. PAW BMW O00NPY COURIIIOUSt NEST PAW BEACH, noun.. Reported by Whams Notary Public. State of Florida Nest Pale Beach Office $100579 EFTA00183617 Proceedings June 10, 2009 APPEARANCES: On behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE Atterbury, Goldberger, et al. 250 Australian Ave. South, Suite 1400 West Palm Beach, FL 33401 On behalf of the Defendant ROBERT CRITT0N, JR., ESQUIRE Burman, Critton, et al. 515 N. Flagler Drive, Ste. 400 West Palm Beach, FL 33401-4349 On behalf of Third Partylill. WILLIAM J. BERGER, 1 1 1 ESQUIRE BRADLEY J. EDWARDS, ESQUIRE Rothstein Rosenfeldt Adler 1 401 E. Las Olas Blvd., Suite 1650 Fort Lauderdale, FL 33394 14 15 1 On behalf of Third Party, The Post DEANNA 17 SHULLMAN, ESQUIRE Thomas, LoCiero & 18 Bralow, PL 101 N.S. 3rd Avenue 19 20 Suite 1500 21 Fort Lauderdale, FL 33301-1181 22 23 2 2 EFTA00183618 Proceedings June 10, 2009 PROCWIMOS at IT RtIMPSZTIV that the following proceedings were had and testiamny adduced before the Honorable Jeffrey Cblbath, at the Palm Reach County Cburthouse, West Wm Beach, rlorlde beginning at the hour of 11,00 a.m. on June 10, 2009, with appearances as herein noted to-wit: MIR MAT: State vs, Epstein. Let me have for the record, announce everybody's appearance. MR. IHIRCHOt: Your Honor, William J. Berger and Bradley Edwards for non￾party lig MR. SHULMAN. Your HOMO!, °tonna Shattnan OC Inman, to I. tweicw for non-party the Paln coach Post. THE COURT: LOG MO slaw down a little bit. On behalf of the Poet is? MS. SRUL1MAH: Demme Shullmasr. THE COURT: S-H-U- - MS. SHULLMAN: THE CXMART: Me. shullean, good morning. Mr. dloopoo, good morning. And Mr. Borger. your client is 8 - KR. IMAOCRI DX MUM anybody Give horn/ MR. VIMARDS: Bred Edwards on behalf of IS as well, Judge, Thanks. EFTA00183619 Proceedings June 10, 2009 THE COURT: Last nom is spelled? ei. ELMARDS: Edwards. E-D￾M-A-R-D-S. THE COURT: Okay. HR. GOLDBERGER: For the other side, Your Honor, Jack Goldberger along with Robert Critton en behalf of Jeffrey Epstein. THE COURT: It is the poet's andllik.'s Motion to Intervene for the purpose of unsealing records? we. mum, was, air. THE COURT: Here's what f think I know, and I tell you this so that you can fill in the gape of what you know that I don't know and suggest what you think I ought to do. It appears to se that there was sone agreement -- an agreement that was sealed and then an addendum or amendment to the agreement that was sealed as to documents in the Court'o files under seal and it appears as though the punitive interveners want to unseal theme and take a peak at them. I don ,t see where any of the proper procedures to seal the documents was ever followed to begin with. I don't know but it's not }tiepins out at se when I reviewed the file, So, I'm thinking that it might be appropriate and the burden might be on the moving party, being the Stara and mt. Epetellu, to gin then the opportunity to jump through the her - hoops to seal the documents it they ere entitled to have them sealed, then EFTA00183620 Proceedings June 10, 2009 I'll grant that rennet. If they're not entitled to seal then I'll order it as dcGunanta unsealed. but that's kind of procedurally where I think the case So. I will allow Nz. Borger and 14. Skuilmen to argue if they wish to, otherwise I will go over to Mx. Goldberger and Mi. Critt911 to perhaps talk about whet they think about my suggestion. Mx. Berger? MR. B01GER: I -- like to hear whet they say. The COlMT, Ms. nullman W. AnUANANt Agreed. In COURT: Mx. Goldberger? MR. COLDEERGER: Your honor - IRE comet I moan, It look, like they /ust handed up an Agreed Order to sign. MR. GOLOSIRCEA: Mosll, if the Court I know the Court is trying to short circuit here and the idea in theory is not horrible, it's not terrible, it's actually not so bad. But let me alert the Court to a couple of issue.. 'fret of all, thin is not swathing that one up ahead of time where we were mowing to close a hearing or file documents under end and the Rules of Judionl Aninietration make, an Important diatinotion between things that are done in advance and things that one up during • hearing and the foot that maybe it goes to the Rule -- talk about situations that arise during the course EFTA00183621 Proceedings June 10, 2009 of a hearing, that the Rule. would not apply to that. Secondly,IIII.'s Motion to Intervene is brought under a Rule that does not apple because She brought it under a Rule that applies to non-criminal cases. Having said that I know the Court's desire to get to the feasts hero and I just need to alert the Court to one other setter because I think its really important. The Plaintiff's, R.M., Me this agreement already. they have this agreement. Counsel will toll you they have this agreement. There have been two hearings in front of Judge Marra who has the Federal caste here. They moved to unseal the non￾prosecution agreement in front of Judge Marra. He entered an initial Order, a very, very well reasoned order which I have a copy for the court. THR COURT, Oh, thanks. MR. oCRIMIERGER, Ne entered a very, very well reasoned order weighing the interest of the Plaintiffs to have accesa to the non-prosecution agreement with the confidentiality that the parties intended to be part of this agreement. And what he did, he Said they can have this agreement. They can review it all they want. It they want to review it with somebody else, they need. to give thee a copy of this Order that it is not to be disclosed to anyone else. Subsequent to that -- so that's the Rule that's in place right now. Subsequent to that the EFTA00183622 Proceedings June 10, 2009 Plaintiffs went beck and said we want to disseminate this Order. We went to disseminate this agreement to other parties and Judge Marra entered a second Order denying that request and said, no. My Order is in place but if you have some compelling reason why you went this agreement to be disseminated to others, file a motion and come back to SHE Olterr: This is as a result of some civil litigation pending in the Federal Courthouse? M. 00LolUERGER: Yea. THE COURT: as opposed to any criminal prosecution going on? sit. GOLDBERGER: It is civil proceedings that are going on in Federal Court. But in the interest of comedy. Your Honor, the Court has ruled on the confidentiality agreement and has put a well reasoned procedure into place. If the parties want that agreement unsealed where they need to go is go back Co Federal Court and Judge Marra Invited them to do so. THE CCORT: That may be as it pertains ton.. but what about The Poet? MR. COLCORRORRt I think -- and I think I know where the Court is going on this. If The ftet.a position is the public has right to sec -- access to this then there is a procedure in place and ultimately the Court has to conduct EFTA00183623 Proceedings June 10, 2009 a hearing and do the balancing test where you look at whether there is soma compelling government interest and that's going to require an evidentiary hearing. So I have no great objection to filing the Request for Closure and then have a hearing in front of the Court. 11(8 COURT: Well, let's do -- I'm thinking out loud. I'm not ruling. I will give you all a chance to argue further, but this is what I'm thinking I will do. grant the Motion to Intervene. It gives standing to S. It gives standing to The Post to contest the fact that these were sealed. And than I will shift the burden back on the State and Defendant, Mr. Epstein, to petition the COurt to seal these documents. Until such time that I rule on that I will leave them under seal because they might have been correctly sealed but the procedure wasn't followed, There's got to be notice. You've got to comply with the Administrative order 2.301. You've got to comply with the Rule of Judicial administration 2.420(d). I think even though that's a civil -- it addresses a civil matter this is. you know, in the nature of a civil procedure. So, I'll do that. And thank you for these Orders. So, where do we go from here/ I'm thinking out loud, not ruling. Mr. Berger? MR. SEROER, Judge, with all due respect I completely disagree with counsel's characterisation of EFTA00183624 Proceedings June 10, 2009 those two Orders. I don't know if he handed up both to yowl Tlit COURT: I do. MR. VILR0MR, They 'imply do not say what he tells you they say. TIM COURT, I'll read them -MR. StRGIR: All right. Ile COURT: -- and allow you to make that anrament - KR- RIAMMR, And -- sad - TIM COURT, -- at the tine of the Renewed Motion to Seal. MR. BRRORR: All right. And, also, I don't think the Court -- I think the Court needs to deal with this immliately, expeditiously. VAS is a matter that the Suprema Court hes placed incredible scrutiny over. And the Rule that we are traveling under -- we're not only traveling under a Rule of Judicial administration that applies to criminal and civil oases, we're applying to en Administrative Order of this Court that was In place when the sealing was dome and that superseded the sealing. THE COURT: I - MR. BEIMMR: I'm just saying, I respectfully request that the Court not delay this ono minute. Itlit COURT: You've got the agreements. EFTA00183625 Proceedings June 10, 2009 1 MR. BURGER, Pardon me? THE COURT: roirve got the agreement* anyway. You've got what's under seal. HR. SOW: Judge, we cannot do anything with them. THE COURT: Take that up with Judge Marra. MR. BERGER: No, sir. That is not what the Order says. May I quote Judge Marra. •It a specific tangible need arises in a civil case the relief Should be sought in that case.• In other words, the civil cases Mach are in front of Judge Karate is one forum that Judge Marra said go to it. Judge Marra did not say that this Court does not have jurisdicticn to unseal its own sealed records or to vacate its own Order sealing. And any characterization is -- is false. THE COURT' I'Il take a look at it and I.11 draw from it what it says -- what I think it says. I appreciate your zealous representation of your client. Please, it appear. as though you're yelling at me. MS. SKULUOM: Your Honor? THE COURT' Ms. Shullsan? MR. EIMER' JUdge, this happens to be a vet,/ serious matter and every day of delay delays our discovery. THE COURT: Ile. Shullmeni M9. SHULLMANt Your Honor, if 1 may be heard on the EFTA00183626 Proceedings June 10, 2009 1 Segue as well. As a rpreesntative of the public's right of access - TRW COORP: Right. MS. SNULOWN: -- here essentially, I would agree with Mr. Borger that we need an immediate hearing on this issue. That's: what we're here to do today. I think I heard Your Honor say that he's not clear that the procedure, were applied. by review of the record does not reveal that the procedures were a:applied with. My review le similar to Your Norror'e. It looks like sort of everybody approached the bench and Judge Puoillo said let's take it under seal. If Mr. Apsteinte counsel is not prepared to go forward today and mmet his burden, then I would ask that Chia Court mat a hearing as soon as practical because the right solution here should be to unseal the records and then, you know - THE COMM: I've gotcha. MH. MMI1194 -• and they have to makes/motion. MM COURT: Well, what house is on floe? I mean, what ie the I think what they have to do is they've got to give ten days notioe pursuant to the Rule -- the Administrative Order, Rules of Judicial Administration, to go through that process. What -- what pre)udicm is there? What house Is burning doom if I say okay. State end defense, go ahead and expeditiously move through the EFTA00183627 Proceedings June 10, 2009 1 2 process and let's get this book on my docket ae quickly as possible and give then until Friday to file their notice and ten days after that we have an evidentiary hearing. I go through the process than. What bad thing is going to happen by waiting this extra twelve to fifteen day.? MS. SMAAMIN: The bad thing that's going to happen, Your Honor, is that the status quo An Florida is that the constitutional right of access in openness. ?NE COURT: Right, W. sWLuwI, You know, oortolnly if Your manor Is Inollood to yostpono this hearing / amid see that It be dorm orpodltiously ace yea eugunot. /WC Matt Yeah. I . BRULLMAN: You know, Friday and then ton days thereafter, it Rust dolays access Coe another two weeks and it infringes on our rights. TIM COURT: I agree. Mr. Berger, I will let you answer that as question. Mit. URGER: I don't think - THE COURT: Anything specific rather than -NA. HARGRA: Yes. Tab COURT: TOO know, anything closed that the people are allowed to look at is • ttanssion and any transgression is bad, bat anything unique beyond that? 10. IMPALA; Your nonce -- Your 'loner, I do not EFTA00183628 Proceedings June 10, 2009 1 believe that this Court Ms the jurisdiction to revisit the propriety of the Reeling of these records and give the Defendant or the State, for that natter, a second bite at the apple. If the records are sealed improperly, which the Court has said on its face that appears to have occurred, I do not believe that this Mere has jurisdiction to allow them a second bite at the apple to go through with the notice requirements. They should have done that in front of Judge Pucillo a year ago and they did not do it. The Rule of Judicial Administration 2.420 simply does not give this Court tho right to reactivate the procedure that you outlined. THR COURT: Okay. mi. soon, thank you. TIM COURT: Anything further. Mr. Goldberger or Mx. Crittant MR. GOTDOBROBR, JUst note, Your donor, ma tar ae the timing of this and we want to do this expeditiously, of course, this sealing occurred not last week, not two seeks ago, not four months ago but eleven and one half sonths ago. The Post reported this last July. So, I understand the right for the pubic to have access and we want to do this as quickly as possible but there is no fire here. There is no house burning. /MR COURT: Then I'll go ahead and enter an Order as EFTA00183629 Proceedings June 10, 2009 3. I've indicated, that le that I'll grant the Intervener's Notion to Interveme. You have standing, I will order that the State and/or the defense by noon PrIday file a Codes of -- comply with the Administrative Order 2.303 and the Judicial Rule -- the Rule of Judicial Administration 2.420, paragraph d, that outlines the procedures to seal files in these types of oases end then we'll get a hearing scheduled for cagueent on whether or not they will be pooled. Until that time they wilt remain sealed because Judge Puoillo signed off on the order and I'm not inolined to disturb that until I find wore about the merits of the movant's position. If. 00UMMIUMM, That you. THE COURT: Anybody want to reduce any of that mono to a written Order? NR. EDWARDS: I'd like to Your Honor. I'd like to know if you're going to give us a hearing date today. In COORS' deal with that. Yeah. tot me give you acme time. Sow much time do you think it's going to take? I don't think I'm going to have any surprises. Now much time do you think we need? A half hour? HR. ZOWARDS: Not wore. I'd 'my an hour at the longest. TNN COURT: I'm not taking evidence or anything like that. In the meantime, do you agree it would DO prudent EFTA00183630 Proceedings June 10, 2009 1 for se to take a look and soo what the content of them) things are so I can to articulate on what -- their know about? 2 didn't do that fOr today's hearing? 22. GOLDBERGER: The defense - MR. EDWARDS: The non-prosecution agrammanti THE COURT: Right. Whatever in under seal. Whatever it ift that's undo: seal take a look at it so that I can at least have a feel for apparently what you all know and I don't. MR. GOLDBERGER: The defense has no objection. Thlt COURT: Okay. 2.11 go ahead and read those two sealed documents and I'll see you back here. assuming that Mr. Goldberger and Mr. Critter get that done between row and Friday. Ten days from this PriGay is the 22nd. How about we dO this on the 25th at 1:30? NA GOLDBERGER: One novant. Your Honor. That's fine with ms. W. IMAGER. Thank you. INS COURT, all right. great. Than YOU do such. R. 00U,OtROSA, Thank you. Judge. IrsoarsoltiCS conetasso) EFTA00183631 Proceedings June 10, 2009 1 srtflrLCATC X, LoVANNE MMES, certify that I was authorised to and did digitally report the foregoing proceedings and that the transcript is a true sod cooplete record of wy notes. Dated this 10th day of June, 2009. EFTA00183632 Proceedings June 10, 2009 1 A ace 7:24 access 6:18 7:24 11:2 12:8 12:15 13:22 addendum 4:14 addresses 8:19 adduced Adler 2:12 Administr... 5:22 8:18 9:18 11:22 13:10 14:5 Administr... 8:17 9:20 11:22 14:4 advance 5:23 ago 13:9,20,20 13:21 agree 11:4 12:17 14:25 Agreed 5:10 14 agreement alert 5:18 6:6 allow 5:3 9:8 13:6 allowed 12:23 amendment 4:15 and/or 14:3 announce 3:9 answer 12:18 Anybody 3:23 14:14 anyway 10:2 apparently 15:8 appearance 3:9 appearances 2:1 3:7 appears 4:13,16 10:18 13:5 apple 13:4,7 applied 11:8 11 4:13,14 15 12 6:8 9 4 9 19 6 6:1,3 app es arises 10:8 articulate 15:2 assuming 15:12 Atterbury 2:3 Australian 2:3 authorized 16:4 Ave 2:3 Avenue 2:19 Axx 1:4,4 a.■ 1:19,19 3:6 B back 7:1,6,18 8: 11 12: 1 15: 12 bad 5: 1812:4, 6 12 :24 balancing 8: 1 Beach Apply 3:13 1:2 20 21 25 4:9 5:4,7,8 8:23,24 9:4 9:7,10,13 9:23 10:1,4 10:6,21 11:5 12:17 12:19,21,25 13:14 15:18 beyond 12:24 bit 3:15 bite 13:3,7 Blvd 2:13 Brad 3:24 Bradley 2:11 3:11 Bralow 2:18 3:13 brought 6:2,3 burden 4:22 8:11 11:13 Burman 2:6 burning 11:24 13:24 C 2:4,7 3:5,5 character... 8:25 10:13 circuit 1:1,1 5:16 civil 7:8,13 8:19 8:19,20 9:19 10:8,9 clear 11:7 client 3:21 10:17 close 5:20 closed 12:22 Closure 8:4 Colbath 1:17 3:4 come 5:23 7:6 comedy 7:14 compelling 7:5 8:2 complete 16:6 completely 8:25 complied 11 9 1 p co y C 8:16,17 14:4 3:1 16:1,1 CONCLUDED EFTA00183633 Proceedings June 10, 2009 2 6:14,23 correctly 8:15 counsel 6:8 11:12 counsel's 8:25 County .1:2,20 3:5 couple 5:18 course 5:25 13:19 Court IS 1:1 3:8 20 3:18 23 4:1 3 7 10 11 13 5:9 S:15,16,18 6:6,14,15 7:8,11,14 7:15,18,20 7:23,25 8:5 B:6.12 9:3 9:6,8,11,14 9:14,16,20 9:22,24,25 10:2,5,11 10:15,20,24 11:3,14,17 1:3 evidence find d docket 14 : 24 14:11 3: 1 14: 6 12:1 evidentiary fine date documents 8:3 12:3 15:16 14:17 4:15,19,25 expeditio... fire Dated 5:2,21 8:13 9:15 11:25 11:19 13:24 16: 8 15:12 12:12 13:18 First day draw extra 5:19 10:2216:8 10:15 12:5 FL days Driv4 2:4,7,14,21 11:21 12:3,5 2:7 4:2 Flagler 12:14 15: 14 due 2:7 deal 8:24 2:9 3:11,22 Florida 9: 14 14: 18 3:24 4:7 1:2,6,21,24 E 6:2,7 7:20 3:5 12:7 Deanna 8:9 followed 2:17 3:12 17 Defendant 1:13 2:2 S 8:12 13:3 defense 11:25 14:3 15:4 10 delay 9:24 10:22 delays 10:22 12:15 denying 7 : 3 desire 2:13 3:1 4:19 8:15 1 3:21 16:1 1 following Edwards ■ 3:3 2:11 3:11,24 16:1 foregoing 3:24 4:2,2 face 16:5 14:16,22 13:5 Fort 15:5 fact 2:14,21 eleven 13:20 enter 13:25 entered 6:12,16 7:3 entitled 5:24 8:10 false 10:14 far 13:17 Federal forum 10:10 forward 11:12 four 13 20 6:10 7:9 14 Frida EFTA00183634 Proceedings June 10, 2009 13:10 14:17 14:18 gives 8:9, 10 go hear 5:8 heard 10:25 11:6 hearing 5:22 6:7 improperly 13:4 inclined 12:11 14:10 10:10,11,21 11:11 13:9 14:10 15:20 Judicial 1:1 5:21 LoCiero 2:18 3:13 longest 14:23 look 5:5 7:18,18 5:20,24 6:1 incredible 8:18 9:18 8:1 10:15 8:22 10:11 8:1,3,5 9:16 , 11:22 13:10 12:23 15:1 11:12,23,25 11:5, 14 indicated 14:5,5 15:7 12:4 13:7 12:3,11 14:1 July looks 13:25 15:11 14:7, 17 infringes 13:21 5:13 11:10 Was 15:3 12:16 Louanne 5:24 hearings initial 4:24 1:23 16:4,11 going 6:10 6:12 jumping loud 7:12,14,23 HELD intended 4:20 8:6,22 8:3 12:4,6 1:16 6:19 June 14:17,19,20 Honor interest 1:18 3:6 Goldberger 3:10,12 4:4 6:17 7:14 16:8 Marts 2:2,3 4:4,5 5:12 7:15 8:2 jurisdiction 6:10,12 7:3 5:5,11,12 10:19,25 Intervene 10:12 13:1,6 7:19 10:5,7 5:15 6:16 11:7 12:7 4:8 6:2 8:9 10:10,11 7:10,13,22 12:10,25,25 14:2 matter 13:15,17 13:17 14:16 interveners kind 6:6 8:19 14:13 15:4 15:16 4:17 5:2 9:15 10:22 15:10,13,16 Honorable entervener's know 13:3 15:20 1:17 3:4 14:1 4:10,11,12 mean good Honor's invited 4:20 5:15 5:13 11:19 3:20,21 11:10 7:19 6:5 7:22 *Ott gotcha hoops issue 8:20 9:1 11:13 11:17 4:24 111,0 11:16 12:10 merits government horrible issues 12:14,22 14:11 8:2 5:17 5:19 6:5 14:17 15:2 MOOS grant hour 15:8 14:14 5:1 8:8 14:1 3:6 14:21,22 J minute great house L 9:24 8:4 15:19 11:19,24 1:17 2:10,11 Las moment 13:24 3:10 2:13 15:16 H hur Jack Lauderdale months Hakk 10:10 half 13:20 14:21 handed 5:13 9:1 happen 12:5,6 happens 10:21 4:24 idea 5:16 immediate 11:5 immediately 9:15 important 2:2 4:5 Jeffrey 1:11,17 3:4 4:6 JR 2:6 Judge 3:25 6:10,12 7:3,18 8:24 10:4,5,7,10 2:14,21 leave 8:14 let's 8:6 11:11 22:1 litigation 7 : 9 little 3:15 13:20,21 morning 3:20,21 motion 4:1 6:2 7:6 8:9 9:11 11:18 14:2 movant's 14:12 move EFTA00183635 Proceedings June 10, 2009 4 11: 25 noved 6:11 noving 4:22 5: 2 0 N N 2:7 3:1 name 4:1 nature 6:20 need 6:6,22 7:18 10:8 11:5 14:21 needs 9:14 non-criminal 6:4 non-party 3:11,13 non-prose... 6:11,18 15:5 noon 14:3 NOS 1:4 Notary 1:24 note 13:17 noted 3.7 notes 16:6 notice 8:16 11:21 12:2 13:8 14:3 N.E 2:19 0 0 3:1 objection 8:4 15:10 occurred 13:5,19 0ftke 1:25 Oh 6:15 okay 4:3 11:24 13:13 15:11 Olas 2:13 openness 12:8 opportunity 4:24 opposed 7:11 order 5:2,14 6:13 6:13,17,23 7:2,3,4 8:17 9:20 10:6,13 11:22 13:25 14:2,4,10 14:15 Orders 8:21 9:1 Ought 4:12 outlined 13:12 outlines 14:6 P P 3:1 Palm 1:2,20,21,25 2:4,7 3:5,5 3:13 paragraph 14:6 Pardon 10:1 part 6:19 parties 6:19 7:3,17 party 2:9,16 4:23 peak 4:18 pending 7:9 people 12:23 pertains 7:2O petition 8:12 PL 2:18 place 6:25 7:4,17 7:25 9:20 placed 9:16 Plaintiff 1:8 Plaintiffs 6:17 7:1 Plaintiff's 6:7 Please 10:17 position 7:23 14:12 possible 12:2 13:23 Post 2:16 3:14,16 7:21 8:10 13:21 postpone 12:11 Post's 4:7 7:23 practical 11:14 prejudice 11:23 prepared 11:12 procedurally 5:3 procedure 7:16,25 8:15 8:20 13:11 procedures 4:19 11:7,9 14:6 proceedings 1:16 3:3 7:13 15:21 16:5 process 11:23 12:1,4 proper 4:16 propriety 13:2 prosecution 7:11 prudent 14:25 pubic 13:22 public 1:24 7:24 public's 11:1 Pucillo 11:11 13:9 14:10 punitive 4:17 purpose 4:8 pursuant 11:21 put 7:16 Q question 12:18 quickly 12:1 quo 12:7 quote 10:7 13:23 3:1 16:1 Rawls 1:23 16:4,11 reactivate 13:11 read 9:6 15:11 really 6.7 reason 7:5 reasoned 6:13,17 7:16 record 3:9 11:8 16:6 records 4:8 10:12 11:15 13:2 13:4 reduce 14:14 relief 10:8 remain 14:9 WOONNERED 3:3 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I I I EFTA00183638 IN THE CIRCUIT OCURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ADMINISTRATIVE ORDER NO. 2.303-9/08 IN RE: SEALING OF COURT HEARINGS AND RECORDS The Florida constitution mandates that the public shall have access to court records, subject only to certain enumerated limitations which are restricted by operation of state law, federal law, or court rule. jrre Amendments to Florida Rule of Judicial Admin. 2.420 — Sealing of Court Records, 954 So.2d 16 (Fla. 2007). The Rules of the Supreme Court strongly disfavor court records that are hidden from public scrutiny. The Florida Supreme Court recently adopted Interim Rule 2.420 of the Florida Rules of Judicial Administration which addresses the procedures for sealing noncriminal court records. In order to ensure that both criminal and noncriminal court records are sealed properly it is NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is ORDERED as follows: 1. A request to make court records or a court hearing confidential in any type of case must be made by written motion. Parties cannot submit an agreed-upon order. The Motion must be captioned "Motion to Make Court Records Confidential" or"Motion to Make Court Hearing Confidential". The Motion must identify with particularity the records or hearing to be made confidential and the grounds upon which it is based. The Motion must include a signed certification by the party making the request that the motion is being made in good faith and is supported by a sound factual and legal basis. I 2. The records that are the subject of a Motion to Make Court Records Confidential will be treated as confidential pending resolution of the motion. The case number, docket number, or other identifying number of a case will remain public. Pseudonyms may be used as permitted by the court. Court records made confidential under this rule must be treated as confidential during any appellate proceeding in this Circuit. 3. A public hearing on any motion to seal a court record or court hearing will be held as soon as practicable but no less than ten (10) days prior to the notice being given to the public and the press and no later than 30 days after the filing of the motion. A party may seek to hold all or EFTA00183639 a portion of the hearing on a Motion to Make Court Records Confidential in camera if necessary to protect any of the interests listed in Interim Rule of Judicial Administration 2.420(cX9XA). The moving party will be responsible for ensuring that a complete record of any hearing be created either by use of a court reporter or by any recording device that is provided as a matter of right by the court. 4. A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing. The order granting the sealing request must contain as much detail as possible including the parties' names or pseudonyms, whether the progress docket is to be confidential, the court records that are to be confidential and the names of persons who are permitted Recta% The order must contain specific findings that the degree, duration, and manner of confidentiality are no broader than necessary to protect the interests listed in Interim Rule of Judicial Administration 2.420(cX9XA). The order will not reveal the information that is to be made confidential. The order will direct whether the progress docket is to be sealed. 5. If an order sealing a court file is silent as to whether the progress docket is to be sealed, the clerk shall seal the court file but maintain a public docket with no alternation of the parties' names. In accordance with Interim Rule of Judicial Administration 2.420(cX9) the Clerk shall NOT seal the case number, docket number, or any other identifying number of a case that is sealed by court order. 6. The Court will direct the Clerk to post the order sealing the court file on the Clerk's website as well as on the bulletin board located at the Main Courthouse within ten (10) days following the entry of the order and must remain posted in both locations for at least 30 days. 7. A nonparty may file a written motion to vacate a sealing order in accordance with Florida Rule of Judicial Administration 2.420 (2007); in re Amendments to Florida Rule of Judicial Admin. 2.420 — Sealing of Court Records, 954 So.2d 16 (Fla, 2007). I 8. A public hearing must be held on any contested motion to vacate a sealing order. The court, in its discretion, may hold a hearing on an uncontested motion. While challenge hearings must be open to the public, a party may seek to hold a portion or all of the hearing In camera if necessary to protect the interests listed in Interim Rule of Judicial Administration 2.420(cX9XA). The movant must ensure that a record of the hearing is made. The movant seeking to vacate an order bears the burden of showing that the order is unsound. 9. If the identity of a party is to remain confidential, all applicable pleadings will be filed with the following designation on the front of the pleading: "Confidential Party — Court Service Requested". The judicial assistant for the division in which the pleading is filed is responsible for providing such notice to the applicable parties. The judicial assistant is to provide such notice so as not to inadvertently reveal the identity of the confidential party. 2 EFTA00183640 10. This administrative rule does NOT address the confidentiality of records admitted into evidence and it does NOT pertain to the statutory process for sealing or expunging criminal history records. Motions to Seal pleadings or court records filed in a criminal case must, however, comply with this Administrative Order. This administrative order also does NOT pertain to court records that are confidential pursuant to statute, rule or other legal authority. 11. 11 a motion to seal is not made in good faith and is not supported by a sound legal and factual basis, the court may impose sanctions upon the movant. 12. The Clerk of Court, or a deputy clerk, is hereby authorized to open any court file sealed by operation of law or court order for the purpose of filing documents pertinent to the particular file, as well as for microfilming or imaging files, and for preparing a record on appeal. The Clerk, or deputy clerk, shall reseal the file immediately upon completion of the task, with the date and time of the unsealing clearly marked on the outside of the file thong with the initials of the deputy clerk. 13. In all matters except adoption and surrogacy cases, the Clerk of Court will make the contents of a sealed file available to adult parties and their attorneys of record. The contents of adoption and surrogacy files shall not be made available to any person absent a court order. DONE AND SIGNED in Chambers in West Palm Beach, Palm Beach County, Florida day of September, 2008. supersedes admin. order 2.03210/06 3 EFTA00183641 EFTA00183642 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA ADMINISTRATIVE ORDER NO.2.032 - 10106* IN RE: SEALING COURT HEARINGS AND RECORDS WHEREAS all court proceedings are public events and a strong presumption of public access attaches to all proceedings end their records; and WHEREAS records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business are subject to public disclosure; and WHEREAS privacy rights of litigants may in certain circumstances require that court records or documents in the record should be sealed. NOW, THEREFORE, it is ORDERED that to balance the competing interests of litigants' privacy interests and the public's right to access to court records. the following procedures are established for scaling court records: I . When a Motion is received for the sealing of a hearing or all or part of a court record, the Court will direct a hearing be held on same. The Court will give notice of the hearing by posting same on the electmnic bulletin board established by the Clerk of Court expressly for this purpose. Unless otherwise ordered with a reason given by the Court, notice should include enough disclosure to identify the case, the movant, the respondent, and a brief, generic description of the matters sealed or sought to he sealed. 2. The Court will not set a hearing less than ten (I0) days prior to the notice being given to the public and the press. 3. Where prior notice to the public and press regarding the scaling of a record is not practicable, the Court will address such Motion, and if granted, provide notice of any decision to seal on the Clerk's electronic bulletin board. Unless otherwise ordered with a reason given by the Court, notice should include enough disclosure to identify the case, the movant, the respondent, and a brief, generic description of the matters scaled or sought to be sealed. 4, Access to court proceedings and records may be restricted to protect the interests of litigants only after a showing that the following has been met: (i) the measure limiting or denying access, closure or sealing of records or both, Is necessary to prevent a serious and imminent threat to the administration of Justice; EFTA00183643 (ii) no less restrictive alternative measures are available which would mitigate the danger; and (ill) the measure being considered will In fact achieve the courts protective purpose. 5. The reasons supporting seating the file must be stated with specificity In the order sealing the court record or hearing. The Case number should remain accessible on banners' regardless of whether the case has been sealed. DONE and ORDERED, in Chambers. at West Palm Beach. Florida this 13th day of October. 2006. /S/ Judge Kathleen 1. Kroll. Chief Judge supersedes administrative order no. 2.032 •1104 " The Court recognizes the present technology (as of October 10. 2006) used by the Clerk supports this, however it con not happen without a system modification which shall be completed by December 31.2006. EFTA00183644 1 EFTA00183645 Westlaw, Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Cir.Ct.)) C Florida Circuit Court, Seventh Judicial Circuit, Volusia County. JOHN DOE-I THROUGH JOHN DOE-4 and Par￾ents of John Doe-1 through John Doc-4, Plaintiffs, MUSEUM OF SCIENCE AND HISTORY OF JACKSONVILLE, INC., Defendant. Nos. 92-32567-CI-CI, Div. 32. June 8, 1994. William H. Ogle, Ormond Beach, FL. W. Douglas Childs, Jacksonville, FL. Jonathan D. Kaney Jr., Daytona Beach, FL. OPINION AND ORDER ON MOTION TO CLOSE TRIAL RICHARD B. ORFINGER, Circuit Judge. *1 THIS MATTER is before the Court on the plaintiff? motion to exclude the public from the tri￾al of this case. Notice of hearing was given to rep￾resentatives of the media as required by law. News￾Journal Corporation, publisher of The News￾Journal, filed a response and appeared in opposi￾tion to the motion. Defendant took no position. According to the complaint, a man who worked at the local museum sexually abused the minor plaintiffs. He had first come into contact with three of the minors as they served as volunteers under his supervision. More than four years ago, the abuser was prosecuted and sentenced to prison. Since then the plaintiffs have settled suits for damages result￾ing from this abuse against the Daytona Beach Mu￾seum of Arts and Sciences, the Volusia County School Board, and the Florida Department of Health and Rehabilitative Services. As a previous employer of the abuser, plaintiffs allege this de￾Page I fendant failed to disclose information about the ab￾user's record of sexual abuse when it received an inquiry related to his employment in this com￾munity. Although so many persons have become familiar with the case that defendant has listed eighty-one potential fact witnesses, no victim has yet been identified in the media. Relying on a privacy interest in the facts relating to the sexual abuse, plaintiffs argue that closure is ne￾cessary to prevent the substantial harm that likely would result from revelation of these facts and identification as the victims.EN I Thus the motion calls upon the court to decide whether a privacy in￾terest in the facts relating to sexual abuse suffered by the minors provides a proper basis for closure of the trial of the minors' suit for damages arising out of this abuse. For the reasons that follow, the court concludes that this is not a proper basis for closure and denies the motion. FN1. Previously, plaintiffs moved for an order restraining anyone, including the me￾dia, from publishing information disclosed during the trial that would identify the minor victims. The court denied this mo￾tion. See: Nebraska Press Association I Stuart, 427 U.S. 539 (1976) and The Flor￾ida Star' B.J.F., 491 U.S. 524 (1989). Whenever other interests compete with the public interest in open judicial proceedings, "folur analys￾is must begin with the proposition that all civil and criminal court proceedings are public events, re￾cords of court proceedings are public records, and there is a strong presumption in favor of public ac￾cess to such matters." Sentinel Communications Co. I. Watson, 615 So.2d 768, 770 (Fla. 5th DCA 1993) (citing Barron'. Florida Freedom Newspapers, Mc., 531 So.2d 113 (Fla.1988)). This presumption rests on the most fundamental values of American government. (ID 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183646 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Cir.Ct.)) "[T]he people have a right to know what is done in their courts.... [T]he greatest publicity to the acts of those holding positions of public trust, and the greatest freedom in the discussion of the proceed￾ings of public tribunals that is consistent with truth and decency, are regarded as essential to the public welfare." Barron, 531 So.2d at l 1 6-7 (citing In re Shortridge, 34 P. 227, 228.29 (Cal.1893) ). Open￾ness in courts has a salutary effect on the propensity of witnesses to tell the truth and of judi￾cial officers to perform their duties conscientiously. It informs persons affected by litigation of its effect upon them and fosters "respect for the law[,] intelli￾gent acquaintance ... with the methods of govern￾ment[, and] a strong confidence in judicial remedies ... which could never be inspired by a system of secrecy...." Id., (citing 6 WIGMORE, EVIDENCE § 1834 (Chadbourn rev.1976) ). These fundamental values come into play whenever the court is in ses￾sion; and the presumption of openness applies in hard cases as well as easy cases. "The reason for openness is basic to our form of government." Id. •2 This motion is opposed by various news organ￾izations, but the presumption of openness is of lar￾ger importance than the immediate interest of the press in the case of the moment. To be sure, the press has a cognizable interest in maintaining open courts "because its ability to gather news is directly impaired or curtailed" by restrictions on access. Moreover, the press is assigned a fiduciary role in enforcing public rights of access because the press "may be properly considered as a representative of the public [for] enforcement of public right of ac￾cess." Nevertheless, the values of openness in courts transcend the interests of the press because "[f]reedom of the press is not, and has never been a private property right granted to those who own the news media. It is a cherished and almost sacred right of each citizen to be informed about current events on a timely basis so each can exercise his discretion in determining the destiny and security of himself, other people, and the Nation." Stew ex rel. Miami Herald Pub. Co.l McIntosh, 340 So.2d 904, 908 (Fla.1977). In serving the right of each cit￾Page 2 izen to be informed, judicial openness, of which the press is an instrument, sustains public confidence in the judiciary and thus serves the ultimate value of popular sovereignty. This higher purpose of openness is not always ap￾parent in the public scrutiny of the daily business of the courts. Depending on the definition of news￾worthiness, it may be possible to dismiss as un￾worthy much that transpires in civil courts. Here, it is easy to ask what public interest is served by sub￾jecting these minor victims to the risk of public identification. However, Barron teaches that this is the wrong question because it overlooks the higher purpose of openness in the courts. In Barron, a case involving privacy concerns inher￾ent in a divorce case, the court strongly reaffirmed the presumption that Florida civil courts are open. In dissent, Justice McDonald saw the question in case-specific terms. He would have closed the pro￾ceeding because "the rights of the public to inform￾ation contained in a domestic relations lawsuit is minimal, if existent at all." 531 So.2d at 121. Impli￾citly, this approach would have required the pro￾ponent of openness to show a particular need to know facts of the specific case in order to gain ac￾cess. The majority rejected this approach because it saw the conflicting interests in broader terms. "The parties seeking a dissolution of their marriage are not entitled to a private court proceeding just be￾cause they are required to utilize the judicial sys￾tem." 531 So.2d at 119. A closure request implicates the integrity and cred￾ibility of the judicial system itself and not just the immediate concerns of the parties. The balance to be struck is not between the people's need to know the particular facts of the case versus the parties' need to keep these facts private but between the public interest in open courts versus the personal desire for a private forum. "Public trials are essen￾tial to the judicial system's credibility in a free soci￾ety." Barron at 116. •3 Although the Florida Supreme Court holds that O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183647 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Clr.Cf.)) "the public and the press have a fundamental right of access to all judicial proceedings," however, this right is not absolute. State ex ref. Miami Herald Pub. Co.l. McIntosh, 340 So.2d at 908-9. In Bar￾ron, the court took the occasion to establish the standards upon which the presumption of openness may be overcome when necessary "to protect com￾peting interests." The court wrote a "definitive statement ... to assist judicial officers in this sensit￾ive area." 531 So.2d at 117-8. Barron establishes a strong presumption of open￾ness for all court proceedings and records, places the burden on the proponent of closure, and grants standing to the public and media to challenge clos￾ure orders. Before a court may enter any order of closure it must determine there are no reasonable alternatives to closure and must order the least re￾strictive closure necessary to accomplish the pur￾pose of closure. 531 So.2d at 118-9. A closure or￾der should be "drawn with particularity and nar￾rowly applied." 531 So.2d at 117. Barron specifics an exclusive listing of those com￾peting interests that may under appropriate circum￾stances be sufficiently weighty to justify closure. Closure may be ordered "only when necessary" to serve one of six competing interests: (a) to comply with established public policy set forth in the constitution, statutes, rules, or case law; (b) to protect trade secrets; (c) to protect a compelling governmental interest [e.g., national security; confidential informants]; (d) to obtain evidence to properly determine legal issues in a case; (e) to avoid substantial injury to innocent third parties (e.g., to protect young witnesses from of￾fensive testimony; to protect children in a di￾vorce]; or (f) to avoid substantial injury to a party by disclos￾Page 3 urc of matters protected by a common law or pri￾vacy right not generally inherent in the specific type of civil proceeding sought to be closed.... At the outset, the proponent of closure must identi￾fy one or more of such interests that is implicated in the proposed closure. Here it is not necessary to go beyond this first level of analysis because plaintiffs have not connected their motion to a valid interest that would justify closure. This motion poses a direct confrontation between the individual interest in privacy and the public in￾terest in open courts. Because there is inherent in the case sensitive, intimate, and embarrassing private facts, plaintiffs seek to litigate their claim in a closed proceeding. They argue "[ghat revelation of [the identities of the minor plaintiffs] has the po￾tential to inflict substantial harm upon them (as] a matter of common sense." There is no question there are strong reasons to keep private the facts surrounding the abuse prac￾ticed on the minors by the now-imprisoned abuser. The question this court must decide, however, is whether these are reasons to secure the courtroom. The question is not whether to afford privacy to the plaintiffs but whether to afford plaintiffs a closed forum in which to disclose these facts. *4 Although there is no case directly on this point, the present question comes fully within the holding of Barron, which thoroughly considered the com￾petition between the people's interest in public courts and the personal interest in private facts. In effect, Barron raised the question of the role to be assigned to privacy in a system of public courts, and the majority resolved the issue by granting a narrow role to privacy based on considerations re￾lating to the legitimate expectations of privacy. In the Florida Supreme Court's well-developed pri￾vacy jurisprudence, the fundamental basis of the right of privacy is a legitimate expectation of pri￾vacy. Not every fact in every circumstance is private, and not every act of government violates C> 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183648 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.ffir.Ct.)) the right to be let alone. The concept by which the court separates the appropriate from the inappropri￾ate instance for invoking the privacy right is this expectation. Stall'. State, 570 So.2d 257, 261 (Fla.1990). In order to establish a right of privacy, the individual must establish that "a reasonable ex￾pectation of privacy ... exist[s]." Winfield'. Divi￾sion of Parl-Mutuel Wagering, 477 So.2d 544, 547 (Fla.1985). A right of privacy cannot attach when there is no expectation of privacy. Under our historic tradition of public courts, what reasonable expectation of privacy could a litigant possibly entertain? Concur￾ring in Barron, Justice Erhlich would have con￾ceded the litigant no reasonable expectation of pri￾vacy. He pointed out, "we have recognized that title potential for invasion of privacy is inherent in the litigation process.' Rasmussen, South Flor￾ida Blood Service, 500 So.2d 533, 535 (Fla.1987). While civil litigants may have a legitimate expecta￾tion of privacy in pretrial depositions and interrog￾atories which are not filed with the court (citations omitted), no such expectation exists in connection with civil proceedings and court files which histor￾ically have been open to the public. See Forsberg! Housing Authority, 455 So.2d 373, 375 (Fla.1984) (Overton, J., concurring) (there is traditionally no expectation of privacy in court files)." 531 So.2d at 120. Justice Erhlich shows the conflict between pri￾vacy and publicness. If the privacy interest were al￾lowed unbounded scope, it would overcome the public nature of trials. Thus a system of public tri￾als must insist that litigants abandon qualms about disclosure of private facts when they place them in contest in the court. Without rejecting this view entirely, the majority nevertheless identified a limited scope of privacy within civil litigation. "\Ve find that, under appro￾priate circumstances, the constitutional right of pri￾vacy established in Florida by the adoption of art￾icle 1, section 23, could form a constitutional basis for closure under (e) or (f)." 531 So.2d at 118. The majority thus conceived of two instances in which a Page 4 reasonable expectation of privacy might be found. *5 First, there is the privacy expectation of persons who are not parties to the case. Involuntary parti￾cipants may have a reasonable claim of privacy. Thus under item (g), Barron recognizes that closure may be justified if the proponent carries the heavy burden of showing closure is necessary "to avoid substantial injury to innocent third parties [e.g., to protect young witnesses from offensive testimony; to protect children in a divorce]." 531 So.2d at 118. Second, there is the more limited privacy expecta￾tion of a party. Again, the doctrine of legitimate ex￾pectation is applicable. Although a litigant has no right to expect privacy in matters involved in the case litigated in a public court, there may be mat￾ters extrinsic to the case with respect to which a lit￾igant has a reasonable privacy claim. Under Bar￾ron's item (f), a proponent may be entitled to clos￾ure if he or she carries the burden of showing that closure is necessary "to avoid substantial injury to a party by disclosure of matters protected by a com￾mon law or privacy right not generally inherent in the specific type of civil proceeding sought to be closed." 531 So.2d at 118. Barron rules out closure based on privacy interests of parties in the subject matter of the case itself. In recognizing a peripheral role for the privacy claims of civil litigants, the majority held there can be no privacy interest in that which is inherent in the case. Because litigation in a public court system in￾volves an inherent tendency to invade privacy, a lit￾igant has no reasonable expectation of privacy in the subject matter of a case. This must be so if, as Barron soundly affirms, there is to be a system of open courts in Florida. Applying this standard in Barron, the court determ￾ined the medical history in question should not be sealed because it was inherent in the case. "Although generally protected by one's privacy right, medical reports and history are no longer pro￾tected when the medical condition becomes an in￾tegral part of the civil proceeding, particularly O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183649 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Pla.Cir.Ct.)) when the condition is asserted as an issue by the party seeking closure.... [Mjedical information is an inherent part of these proceedings and cannot be utilized as a proper basis for closure." 531 So.2d at 119. The same is true in this case. Those private facts which form the basis of the motion for closure arc the facts inherent in the plaintiffs' case. Neverthe￾less, plaintiffs argue their request implicates the competing interests Barron listed in item (a) deal￾ing with public policy, item (e), dealing with pri￾vacy of third party, and item (f), dealing with pri￾vacy of a party. Plaintiffs first argue that closure of the trial is ne￾cessary under item (a) "to comply with established public policy set forth in the constitution, statutes, rules, or case law." 531 So.2d at 118. Plaintiffs rightly contend "Wile State of Florida has long re￾cognized, as a matter of public policy, the need to protect minors who come into contact with the justice system," and cite statutory provisions ex￾empting records of sex crimes and child abuse from public records disclosure and providing for closure of adoption and dependency proceedings. See Fla.Stat §§ 119.07(h); 63.162; 39.408(c). *6 To be sure, it is public policy to protect minor victims of sex crimes from unnecessary public ex￾posure. The cited exceptions to public records laws illustrate this as does the practice of anonymous pleading. However, state policy neither requires nor permits closure of public trials on the basis of the privacy interests of minor victims of sex crimes. The trial of the perpetrator of a sex crime against a minor must be conducte4 in public as a matter of Florida com￾mon law.FN2 Under Fla.Stat., § 918.16, the court has a certain ability to clear the courtroom during testimony of a person under the age of 16, N3 but the press specifically may not be excluded. A re￾cent statute protecting minor witnesses does not purport to authorize closure of the trial to protect minor witnesses.FN4 When the state prosecutes the Page 5 parent of a minor child for sexual abuses practiced on the child, the trial is not closed nor is there sup￾pression of the identity of the parent from which, as plaintiffs argue here, the identity of the child is readily inferred.FN5 Indeed, from the reports of tort suits by minor victims of sexual crimes seeking damages from the perpetrator or those vicariously liable, it can be seen that the courts of this state conduct eases like the present as open public trials in the name of the party.F N6 FN2. Bundy State, 455 So.2d 330 (Fla.1984), cert. denied, 476 U.S. 1109 (1986). Miami Herald Publishing Co Lewis, 426 So.2d 1 (Fla.1982). See also Globe Newspaper Company I. Superior Court, 102 S.Ct. 2613 (1982) (Same under First Amendment). FN3. See Palm Beach Newspapers Nourse, 413 So.2d 467 (Fla. 4th DCA 1982) (Error to summarily exclude press from arraignment of defendant charge with lewd and lascivious act on child under age 14); News-Press Pub. Shearer, 5 Med.L.Rptr. 1272 (Fla. 2d DCA 1979) (Error to exclude press from courtroom while juvenile witness in sex crime testi￾fies and error to seal record from press). Compare Miami Herald Pub. Co. I. Morphonios, 467 So.2d 1026 (Fla.1985) (Error to gag press from publishing testi￾mony of minor witness via prerecorded video) and Thornton'. State, 585 So.2d 1189 (Fla. 2d DCA 1991) (Statute cannot override defendant's Sixth Amendment right to public trial without case-by-case balancing test). See also Doe I. Doe, 567 So.2d 1002 (Fla. 4th DCA 1990) (Affirming denial of motion to close pro￾ceedings in which mother seeks authority for surgical sterilization of mentally handi￾capped daughter). FN4. Fla.Stat. § 92.55 (Authorizing the court to permit or prohibit "the attendance (;) 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183650 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (FIa.Cir.Ct.), 22 Media L. Rcp. 2497 (Cite as: 1994 WL 741009 (Fla.ar.Ct.)) of any person at the proceeding") (emphasis supplied). FNS. See, e.g., Schmidt'. State, 590 So.2d 404 (Fla.1991) (Father prosecuted for crime of video recording of minor daughter in violation of statute concerning depiction of sex acts); Sanders.. State, 568 So.2d 1014 (Fla. 3d DCA 1990) (Father prosec￾uted for lewd and lascivious acts against minor daughter). FN6. Sce, e.g., Zordan 1. Page, 500 So.2d 608 (Fla. 2d DCA 1987) (Suit by minor and parents against carrier for damages in￾curred when insured fondled private parts of minor plaintiff); Hennagan F. Depart￾ment of Highway Safety and Motor Vehicles, 467 So.2d 748 (Fla. I st DCA 1985) (suit by minor and parents against FHP for damages when minor driver was allegedly sexually abused by patrolmen after being stopped on pretext of suspi￾cion); Drake f.Island Community Church, Inc., 462 So.2d 1142 (Fla. 3d DCA 1985) (Suit by minor and parents for damages from sexual abuse by teacher on minor pu￾pil). Compare Freehold School Board of Seminole County, 623 So.2d 761 (Fla. 5th DCA)cause dismissed, 629 So.2d 132 (Fla.1994) (Suit for abuse inflicted on son by stepmother; failure to report suspected abuse by school); Fischer , Metcalf 543 So.2d 785 (Fla. 3d DCA 1989) (Suit by minors against psychologist for damages from abusive father when suspicion of ab￾use was not reported). The court concludes that it is not necessary to close this trial in order to comply with any public policy of the State of Florida. The plaintiffs next argue that closure is necessary to serve the interest of innocent third parties whose privacy warrants closure under item (e) of Barron. The plaintiffs assert that each minor in this consol￾Page 6 idated cause is a third party as to the other three ac￾tions and thus the trial should be closed to protect them as third parties in the consolidated cases. Hav￾ing voluntarily joined to bring the action, they can￾not claim to be third parties to the action nor assert a legitimate expectation of privacy in the disclos￾ures that necessarily follow from their decision to act in concert. Plaintiffs also assert the privacy interest of other minors who were victims of this same abuse but who have not joined in this suit. There is no evid￾ence that trial of this case would implicate these third parties. In any event, plaintiffs lack standing to assert the interest of these third parties, and the Court will not decide any issue affecting their rights unless a party with standing raises the issue. Finally, plaintiffs attempt to bring their motion un￾der item (f) relating to the privacy interest of a party. To be entitled to an order of closure under this item, however, plaintiffs must show that clos￾ure is necessary "to avoid substantial injury to a party by disclosure of matters protected by a com￾mon law or privacy right not generally Inherent in the specific type of civil proceeding sought to be closed." 531 So.2d at 119.(emphasis added). Plaintiffs argue their identities are not inherent facts in the case and thus the trial should be closed to prevent revelation of the identity. However, plaintiffs also contend it will be impossible to try the case without revelation of their names. Their ar￾gument refutes itself. The identity of a party is in￾herent in the case, and that concern alone could not justify total closure. This argument is a proxy for the ineffective argument that the sensitive nature of inherent private facts should justify a private forum. Facts regarding abuse form the core of their case, and thus it "is an inherent part of these proceedings and cannot be utilized as a proper basis for clos￾ure." 531 So.2d at 119. The decision to litigate this issue is tantamount to a decision to place the in￾formation before the public. '7 As sympathetic as their claim is, it fails to state a cognizable reason for closure under the law. The ID 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183651 Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WI, 741009 (Fla.Cir.Ct)) request to close a civil trial because of a party's dis￾closural concerns with facts inherent in the cause cannot be reconciled with Barron. Facts generally protected by a party's privacy right are no longer protected from disclosure when they become an in￾tegral part of a civil proceeding. Indeed, plaintiffs' argument for a private forum could be asserted as the basis for a wide array of exceptions that would swallow up the presumption of openness. "The ... argument based on this interest therefore proves too much. [T]hat sante interest could be relied upon to support an array of mandatory closure rules ... proves too much, and runs contrary to the very foundation of the right of access...." Globe Newspa￾per Company" Superior Court, 102 S.Ct. 2613, 2622 (1982). Accordingly, having considered the briefs and argu￾ments of counsel for the reasons set forth in this opinion, it is ORDERED that the Motion to Close Trial be denied. DONE AND ORDERED. Fla.Cir.Ct.,1994. John Doc-1 Through John Doe-41. Museum of Sci￾ence and History of Jacksonville, Inc. Not Reported in So.2d, 1994 WC. 741009 (Fla.Cir.Ct.), 22 Media L. Rcp. 2497 END OF DOCUMENT Page 7 O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183652 EFTA00183653 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 1 of 8 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA/JOHNSON IN RE: JANE DOE, Petitioner. FILED by I G D.C. JUL 0 9 2008 STEVEN M LANIMORE CURS U.S. DISE c s.o.or FLA • W.P.B. GOVERNMENT'S RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT, 18 U.S.C. d 3771 The United States of America, by and through its undersigned counsel, files its Response to Victim's Emergency Petition for Enforcement of Victim Rights Act, 18 U.S.C. § 3771, and states: I. THERE IS NO "COURT PROCEEDING" UNDER 18 U.S.C. & 3771(b) Petitioner complains that she has been denied her rights under the Crime Victims Rights Act, I8 U.S.C. § 3771. In the emergency petition filed by the victim, she alleges the Government has denied her rights since she has received no consultation with the attorney for the government regarding possible disposition of the charges (18 U.S.C. § 3771(a)(5)); no notice of any public court proceedings (18 U.S.C. § 3771(a)(2)); no information regarding her right to restitution (18 U.S.C. § 3771(a)(6)); and no notice of rights under the Crime Victim Rights Act (CVRA). Emergency Petition,' 5. The instant case is unique in several respects. First, in 2006, Jeffrey Epstein was charged with felony solicitation of prostitution in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida. This charge was based upon the offenses alleged in paragraph 1 of the petition. Second, while Epstein has been under federal investigation, he has not been charged in EFTA00183654 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 2 of 8 *el the Southern District of Florida. Title 18, U.S.C., Section 3771(b)(1) provides in pertinent part that, "[i]n any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a)." There is no "court proceeding" in the instant case since Epstein has not been charged with violation of any federal statute. No federal grand jury indictment has been returned, nor has any criminal information been filed. There can thus be no failure of a right to notice of a public court proceeding or the right to restitution. In her memorandum, petitioner relies upon In Re Dean, 527 F.3d 391 (5th Or. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." a at 395. In pear, the government sought and obtained an eK pane order permitting it to negotiate a plea agreement with BP Products North America, without first consulting with the victims, individuals injured and survivors of those killed in a refinery explosion. A plea agreement was ultimately negotiated and the victims objected. The appellate court found that the CVRA granted a right to confer. I lowever, the court declined to grant mandamus relief for prudential reasons, finding that the district court had the benefit of the views of the victims who chose to participate at the hearing held on whether the plea agreement should be accepted. 14. at 396. Dm is legally distinguishable in several respects. For one thing, the court's discussion of the scope of the right to confer was unnecessary because the court ultimately declined to issue mandamus relief. Dean, 527 F.3d at 395. Also, in offering its view that this right applies pre￾charge, it is noteworthy that the court, in purporting to quote the statute, omitted the last three words of section 3171(a)(5)("in the case"), words that arguably point in the opposite direction by - 2 - EFTA00183655 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 3 of 8 suggesting that the right applies post-charge. Further, the court went to great lengths to emphasize that its holding was limited to the particular circumstances presented in that case (i.e., the simultaneous filing of a plea agreement and formal charges), which of course, is not the case here. No federal charges have been filed in the instant case, and this case, unlike Dean involves an agreement to defer federal prosecution in favor of prosecution by the State of Florida and not a guilty plea. IL at 394. Finally, the Dean court expressly declined to "speculate on the [right to confer's] applicability to other situations." Id. Nothing in §3771(a)(5) supports the petitioner's claim that she had a right to be consulted before the Government could enter into a non￾prosecution agreement which defers federal prosecution in exchange for state court resolution of criminal liability, and a significant concession on an element of a claim for compensation under 18 U.S.C. § 2255. 11. THE GOVERNMENT HAS USED ITS BEST EFFORTS TO COMPLY WITH 18 4 3771(a) The Epstein case was investigated initially by the Palm Beach Police Department in 2006. Exhibit A, Declaration of Assistant United States Attorney Inn 1 2 Subsequently, the Palm Beach Police Department sought the assistance of the Federal Bureau of Investigation (FBI). a Throughout the investigation, when a victim was identified, victim notification letters were provided to the victim by both the FBI Victim-Witness Specialist and AUSA al 3. Petitioner's counsel, Brad Edwards, Esq., currently represents., III., and II. The U.S. Attorney's Office victim notification letter to.. was provided by the FBI, and the letter to was hand-delivered by AUSA to her when she was interviewed in April 2007. FBI victim notification letters were mailed to.. and M. on - 3 - EFTA00183656 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 4 of 8 January 10, 2008, and toll. on May 30, 2008. "Ill" Decl., ¶ 3. Throughout the investigation, AUSAIIIIII and the FBI's Victim-Witness Specialist had contact with. mai Decl., ¶ 4. Earlier in the investigation. was represented by James Eisenberg, E:sq. Consequently, all contact with. was made through Mr. Eisenberg. In mid-2007, Epstein's attorneys approached the U.S. Attorney's Office in an effort to resolve the federal investigation. al 5. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of this matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." The Attorney General Guidelines for Victim and Witness Assistance (May 2005), Article - 4 - EFTA00183657 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 5 of 8 IV, Services to Victims and Witnesses, provides the following guidance for proposed plea agreements: (3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors: (a) The impact on public safety and risks to personal safety. (b) The number of victims. (c) Whether time is of the essence in negotiating or entering a proposed plea. (d) Whether the proposed plea involves confidential information or conditions. (e) Whether there is another need for confidentiality. (f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendant's right to a fair trial. Throughout negotiations, Epstein's attorneys claimed that one reason victims came forward and pressed their claims was their desire for money. They argued that victims might have an inducement to fabricate or enhance their testimony, in order to maximize their opportunities to obtain financial recompense. Decl.,1, 8. The Government was extremely concerned that disclosure of the proposed terms would compromise the investigation by providing Epstein the means of impeaching the victim witnesses, should the parties fail to reach an agreement. In light of the fact (i) that the United States agreed to defer prosecution to a previously filed state criminal case; (ii) that as a result sentencing would take place in state court before a state judge; (iii) that if the state resolution failed to meet minimum standards such that a federal prosecution was warranted, the victims would be witnesses and thus potential - 5 - EFTA00183658 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 6 of 8 impeachment issues were of concern; and (iv) the United States was already making efforts to secure for victims the right to proceed federally under 18 U.S.C. § 2255 even if prosecution took place in state court, the Government determined that its actions in proceeding with this agreement best balanced the dual position of the Jane Does as both victims and potential witnesses in a criminal proceeding. On Friday, June 27, 2008, at approximately 4:15 p.m., AUSA received a copy of the proposed state plea agreement, and learned that Epstein's state plea hearing was scheduled for Monday, June 30, 2008, at 8:30 a.m. Decl., I 10. AUSA _and the Palm Beach Police Department attempted to provide notification to victims in the short time that they had. jj Although all known victims were not notified, AUSA Ilindid call attorney Edwards to provide notice to his clients regarding the hearing. AUSA did this, even though she had no obligation to provide notice of a state court hearing. Mr. Edwards advised that he could not attend but that someone would be present at the hearing. Isk The Government has complied with 18 U.S.C. § 3771(c)(1) by using its best efforts to "see that crime victims are notified of, and accorded, the rights described in subsection (a)." Specifically, petitioner was afforded the reasonable right to confer with the attorney for the Government under 18 U.S.C. § 3771(a)(5). Disclosure of the specific terms of the negotiation were not disclosed prior to a final agreement being reached because the Government believed doing so would jeopardize and prejudice the prosecution in the event an agreement could not be made. Further, although 18 U.S.C. § 3771(a)(2) does not apply to state court proceedings, the government nonetheless notified petitioner's counsel on June 27, 2008, of the plea hearing in state court on June 30, 2008. - 6 - EFTA00183659 Case 9:08-cv-8 0736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 7 of 8 Section 3771(d)(6) provides, in relevant part, that "[n]othing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." The Government exercised its judgment and discretion in determining that there was a need for confidentiality in the negotiations with Epstein. The significant benefit of obtaining Epstein's concession that victims suing him under I8 U.S.C. § 2255(a) were "victims" of the enumerated offenses, despite the fact he has not been convicted in federal court, was of sufficient importance to justify confidentiality of the negotiations. III. THE GOVERNMENT'S DISCUSSIONS WITH., IS, AND Attorney Brad Edwards has advised the Government that he represents III, IN, and M. Victim letters were provided to all three individuals. The letters to mg and s were forwarded on January 10, 2008. Villafafia Decl., 1 3. On May 28, 2008, Its status as a victim was confirmed when she was interviewed by federal agents. W., The FBI Victim Witness specialist sent her a letter on May 30, 2008. W., When the agreement was signed in September 2007, S was openly hostile to a prosecution of Epstein, and S had refused to speak with federal investigators. Id., 1 7. While individual victims were not consulted regarding the agreement, none of Mr. Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 1.4., In October 2007,11. was not represented by counsel. dI . 1 8. She was given telephonic notice of the agreement, as were three other victims. These four individuals were also given notice of an expected change of plea, in state court, in October 2007. In mid-June 2008, Mr. Edwards contacted AUSA S to advise that he represented and II., and requested a meeting. L, 9 9. AUSA S asked Mr. Edwards to send - 7 - EFTA00183660 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 8 of 8 %se ••••••• to her any information that he wished her to consider. Nothing was provided. a AUSA also told Mr. Edwards he could contact the State Attorney's Office, if he wished. To her knowledge, Mr. Edwards did not make the contact. The Government has acted reasonably in keeping s s,ands informed. Petitioner's rights under the CVRA have not been violated. Therefore, her emergency petition should be denied. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: It Assistant U.S. Attorney Attorney for Respondent ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via facsimile transmission and U.S. Mail, this( day of July, 2008, to: Brad Edwards, Esq., The Law Offices of Brad Edwards & Associates, LLC, (954) 924-1530, 2028 Street, Suite 202, Hollywood, Florida 33020. Assistant U.S. Attorney - 8 - EFTA00183661 EFTA00183662 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. FILED by D.C. JUL 0 91008 STEVEN M. LKRIMORE CLERK U.S. Din CT. S.D. OF FLA. • WA B. DECLARATION a IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT cw CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771 I. I, do hereby declare that 1 am a member in good standing of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt ■) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, 1 was admitted to practice in California in 1995. 1 also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. EFTA00183663 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21 2 1 am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses. 3. Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three clients, and Your Affiant's letter to was provided by the FBI. (Ex. I ). Your A Mantis letter to III was hand-delivered by myself to at the time that she was interviewed (Ex. 2).2 Both and also received letters from the FBI's Victim￾Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. status as a victim of a federal offense was confirmed when she was interviewed by 'Attorney Edwards filed his Motion on behalf of "Jane Doe," withoutififiaig which of his clients is the purported victim. Accordingly,) will address facts related to , S. and S.R. All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old. 'Please note that the dates on the U.S. Attorney's Office letters to III and In are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted. -2- EFTA00183664 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 3 of 21 federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to II on May 30, 2008 (Ex. 5). 4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your A ffiant had contact with • and Attorney Edwards' other client, was represented by counsel and, accordingly, all contact with IN was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.) 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein 3The undersigned does not know when Mr. Edwards began representing II. or whether ■. ever formally terminated Mr. Eisenberg's representation. -3- EFTA00183665 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007, la was openly hostile to the prosecution of Epstein. The FBI attempted to interview ■. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was... who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been -4- EFTA00183666 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 5 of 21 notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement. 9. After.. had been notified of the terms of the agreement, but before Epstein performed his obligations,III. contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent-. and several other identified victims. Pro bono counsel was able to assist.. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that.. was dissatisfied with the resolution of the matter. 10. In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that he represented.. and ■. and asked to meet to provide me with information regarding Epstein. I invited Attorney Edwards to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney Edwards that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney Edwards had alluded to so I advised him that, to my knowledge, was still represented by Attorney James Eisenberg. -5- EFTA00183667 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 11. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Affiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented ., and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your Affiant provided the attached victim notifications to and.. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to.. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of "I's prior statements to law enforcement, your Affiant could not in good faith include'''. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification of Emergency, Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had -6- EFTA00183668 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 already received the Certification of Emergency and Emergency Petition, I received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. 1 declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the tbrcgoing is true and correct to the best of my knowledge and belief. Executed this Rior day of July, 2008. -7- EFTA00183669 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 'Vest Palm Bench, PL 33401 Fa(561)820.8 711 imile June 7,2007 DELIVERY BY HAND Miss G_— Re: Crime Victims' and Witnesses' Rights Dear Miss WS Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (1) The right to be reasonably protected from the accused. (2) The tight to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. Members of be U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these n hisaiprotected. If you have any concerns in this regard, please feel free to contact me at II , or Special Agent from•the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.307-5983. That Office has a website at www.ove.gov. You can seek the advice of an attorney with respect to the righik listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00183670 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 9 of 21 Nes Miss cad., It1NE 7,20O PNGE 2 In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent or myself immediately. It is possible that someone working on behalf of the targets o t e investigation may contact you. Such contact does not violaledhe law.- However, if you are contacted, you have the choice of speaking to that person or refusing Redo eo: iif ou refuse and feel that you are being threatened or harassed, then please Contact Special Agent or myself. You also are entitled to notification of upcoming case events. At this time, your case is under investigation) If anyone is charged in connection with the investigation, you will be notified. Sincerely, R. Alexander Acosta United States Attorney By Assistant United States Attorney cc: Special Agent IN= F.B.I. f f EFTA00183671 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/200 •••..e U.S. Department of Justice United States Attorney Southern District of Florida SO0 South Australian Ave., Suite 400 West Palm Death. FL 33401 (5613 870- Facsimile, August 11, 2006 DELIVERY BY HANQ Miss Teall Re: Crime Victims' and Witnesses' Rights Dear Miss MIla Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered i f you are present for other portions of a proceeding. (4) The tight to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. f Members of the U.S. Departnient of Justice and other Wend investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that Oaf rights arc protected. If you have an concerns in this regard, please feel free to contact me , or Special Agent from the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307.5983. That Office has a website at vAvw.ovc.gov. You can seek the advice of an attorney with respect to the rights. listed above and, if you believe that the rights ;et forth above are being violated, you have the right to petition the Court for relief. EFTA00183672 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 11 of 21 M Iss TeISMINIS AUGUST 11,2006 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and hi from intimidation and harassment. If the Court determines that you are a victim, you • entitled to restitution from the perpetrator. A list of counseling and medical service ply... be provided to• you, if you so desire. If y o amity is subjected to any Mtn' • harassment, please cor.tact Special Agent or myself immediately. It is p, someone working on behalf of the targets of the investigation may contact you. Such t.;,,,• • not violate the law. However, if you are contacted, you have the choice of speaking to h . or refusing to do so. If ou nd feel that you are being threatened or harassed, du • Contact Special Agent I or myself. You also are entitled to notification o f upcomingcase events. At this lime, youi t. . investigation. II-anyone is charged in connection with the investigation, you will he not Sincerely, It Alexander Acosta cc: Special Agent By Assistant United States Attorney F.B.I. aces Moine if EFTA00183673 Case p0f3-py-85173§-KAM January 10, 2008 Document 14 Entered on FLSD Docket OZL15/2.01111, Page..12.of 21 U.S. Department of Justice Federal Bureau of Investigation FBI -Weal Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: (681)833-7517 Fax: (561) 833-7910 Re: Case Number:S Dear canstage Ibis case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough Investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be metedelly catered If the victim heard other testimony et that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court Involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government In the case; (0) The right to tull and timely restitution es provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be heated with fairness and with respect for the victim's dignity and privacy. We will make ow best efforts to ensure you aro accorded the rights described. Moat of these rights pertain to events occurring after the arrest or indictment of an Individual for the crime, and It will become the responsibility of the prosecuting United states Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal Justice system. You may obtain e formation about this metier 19fil,111111111/011 . N-19,1,GOV or from the VNS Call Center i a In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your Information to Include a current email ari • information to that add following Victim Identification Numb d • Personal Identification anytime you contact the Call Center and the first lime you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) es eunently contained In VNS. The name you should enter Is a EFTA00183674 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07115/2008'-'s Pale 11151 21 If you have additional questions which Involve this matter, please contact the office listed above. When you cat please provide the file number located al the top of this letter. Please remember. your participation in the notification pal of this program Is voluntary. In order to continue to receive notiticetionS. it Is your responsibility to keep your contact IntormatiOn current Sincerely. =MI Victim Specialist EFTA00183675 Case 9:087ov-80736-KAM January 10, 2008 Document 14 James Eisenberg One Cleedake Center Ste 704 Australian South West Palm Beach, FL 33401 Re. allOPIOnler Entered on FLSD Docket 07-015/200t30-)1 Page O1titif 21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Rattler Drive West Palm Beach, Ft. 33401 Phone: (581) 833.7517 Fax: (581) 8334970 Dear James Eisenberg: You have requested to receive notifications for ~MP This case Is cunently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. Ass crime victim, you have the following rights under le United States Code § 3771: (1) The right to be reasonably protected from the, accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding. unless the court, after - receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony et that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (8) The right V4, full and timely restitution as provided In law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or Indictment of an individual for the time, and It will become the responsibility of the prosecuting United States Attorney's Office to ensure you aro accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim NotlficatiOn System (VNS) is designed to provide you with direct information regarding the case as It proceeds through the criminal justice system. You may obtain current Information about this matter on the Internet at WWW.NotIfy.USDOJ.GOV or from the VNS Call Center at 1.686-DOJ4YOU (1-888-355- 4968) (TDOMY:1-868-228-4819) (International: 1.502-213-2787). In addition, you may use the Cell Center or Internet to update your contact Information and/or change your decislen about participation In the notrfloabon program. If you update your information to include a current email address, VNS wet send information to that address. You will need the following Victim Identification Number WIN) '1941741' end Personal Identification Number (PIN) '7760' anytime you contact the Call Center end the rat time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your lest name (or business name) as currently contained in VNS. The name you should enter is Eisenberg. EFTA00183676 Case 9:08-ov-80736-KAM Document 14 Entered on FLSD Docket 07#46/24808-ni Page 4₹'tf 21 ‘•••••• \ars If you have additional questions Which Involve this matter, please contact the office listed above. When you call, please provide the ate number located at the top of this letter. Please remember, your paredpation in the notification part of this program is voluntary. In order to continue to receive notitIcations, his your responsibility to keep your contact information current. sincerely. VIcdm Specialist EFTA00183677 Case 9:Q87ov-80736-KAM May 30.2008 Document 14 Entered on FLSD Docket 071,151-20 L U.S. Department of Justice Federal Bureau of Investigation FBI • West Palm Beach Suite 500 505 South Fleeter Drive West Palm Beach, FL 33401 Phone: (661) B33-7517 Fax: (561) 633-7970 Re: Deere Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we are investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the Investigation. Our program Is part of the FBI's effort to ensure the victims are heated with respect and are provided Information about their rights under federal law. These rights include notification of the status of the use. The enclosed brochures provide Information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regarding the status of your case. This case is currently under Investigation. This can bee lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding. or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding. unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered If the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding In the district court Involving release, plea. sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided 1-t law; (7) The right to proceedings tree from unreasonable delay; (8) The right to be treated with fairness end with respect tOr the victim's dignity and privacy. We will make our best efforts to ensure you ere accorded the rights described, Most of these rights pertain to events occurring after the arrest or indictment of an Individual for the crime, end it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are eeeorded those rights. You moy also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Netify.USD0J.GOV or from the VNS Can Center at 1.866-DOJ-4YOU (1-886-365- 4968) (TOIYTTY: 1466-228.4619) (International: 1-502-213-2767). In eddlbon, you may use the Call Center or Internet to update your contact information andlor change your decision about participation in the notification program. if you update your Information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '2074381' end Personal Identification Number (PIN) '1816' anytime you contact the Caii Center end the first time you log or. to VNS on the Internet In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you Steroid enter is Flip EFTA00183678 Caseu9!08-ev-80736-KAM Document 14 Entered on FLSD Docket 07/46/20018",, Page t1t7tof 21 41••••• ilts..s•••••• "WO • II you have additional questions which Involve this matter, please contact the office listed above. Whon you ant please provide the Ike number located at the top of Ws letter. Please remember, your participation in the notification part of this program Is voluntary. In order to continue to receive notifications, it Is your responsibility to keep your contact Information current. Sincerely, peclelisl TOTAL P.0? EFTA00183679 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 18 of 21 U.S. Department of Justice • United States Attorney Southern District of Florida 401.64 GOVERNMENT EXHIBIT caw µ0.05-80736•CV-MARRA EXHIBIT NO. 6 500 South Australian Ave, Suite 400 West Palm Beach. FL 33401 (561)820-Ba lm Facsimile: July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Em/SaVhiii: eir NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, CS VIM On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾00938 I AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00183680 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 BRAD EDWARDS, ESQ. NOTII- ICA now OF IDENTIFIED VICTIM cal vat JULY 9, 2008 PAGE. 2 Or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, ComairWal is an individual whom the United States was prepared to name as a victim of an enumerated offense. • ; Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, ir you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of mysel f and Special Agents and Richards for the health and well-being of Ms. Valk By: cc: Jack Goldberger, Esq. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT U.S. ATTORNEY EFTA00183681 Case 9:08-cv-80736-KAM Document 14 U.S. Department of Justice Entered on FLSD Docket 07/15/2008 Page 20 of 21 \SO AO1114 GOVERNMENT EXHIBIT United States Attorney Southern District of Florida CASE no.08.8073C-CV-MARRA EXHIBIT NO. 7 500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 O6O820-871am Facsimile. July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The LarnLices of Brad Edwards & Associates, LLC 2028 UMIStreet, Suite 202 I lollywood, Florida 33020. Re: Jeffrey Epstein/SUM an NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, am imp On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454MOOCM13 and 2008-cf￾009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00183682 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 EWAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICtIM S JULY 9, 2008 PAGE 2 or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, S lag is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents and Richards for the health and well-being of Ms. Rauh, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. ASSISTANT U.S. ATTORNEY EFTA00183683 I. f I I . I I I EFTA00183684 Cape 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 1 of 41 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-8081 I -CIV-ZLOCH/SNOW C.M.A., Plaintiff, VS. JEFFREiiiii.N and Defendants. / FILED UNDER SEAL' FILED bar/ D.C. JUL 25 2008 STEVENU.S. M. LAIST CT RMORE CLE DEFENDAN FREY EPSTEIN AND MOTION FOR STAY • This motion is filed under seal because the deferred-ski ent between the United States Attorney's Office (by Assistant U.S. Attorney . l Esq.) and Mr. Epstein, discussed herein, contains a confidentiality clause. Lewis T isin 3059 GLAND MINIM-SUIT' NO. COCONUT GROVE, ROMA )3133 EFTA00183685 , Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 2 of 41 Defendants Jeffrey Epstein and 11. al respectfully move for a mandatory stay of this action under Title 18, United States Code, Section 3509(k), Section 1595(3)(1), and alternatively, under this Court's discretionary authority to stay civil litigation, based on the existence of a pending federal criminal action. Introduction This lawsuit arises from a pending federal criminal action concerning, among other things, an alleged assault of the plaintiff Jane Doe, who, according to her complaint, on "numerous occasions" provided "massages" to Epstein with "no credentials to provide massage therapy" and was "sometimes paid . . . for the `sessions'." Compl., ¶¶ 6, 11. A federal statute directly on point provides that when a civil suit alleging damages to a minor victim arises out of the same occurrence as a "criminal action," the civil suit "shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added).' I The full text of the mandatory-stay provision reads: If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court. 18 U.S.C. § 3509(k). LeAya..T .E.41 309 GRAND Avott*Suri 340.CocomvrGitort, FLOIUDA 33133 EFTA00183686 , Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 3 of 41 Accordingly, a stay of this case is mandatory until the criminal action arising from the same allegations is no longer pending. The Pending Federal Criminal Action In 2006, a Florida state grand jury indicted Jeffrey Epstein on allegations similar to those in the instant action (State of Florida I Jeffrey Epstein, Case No. 2006 CF 09454A, Fifteenth Judicial Circuit, Palm Beach County) (the "Florida Criminal Action"). Shortly thereafter, the United States Attorney's Office for the Southern District of Florida (the "USAO") began a federal grand-jury investigation into allegations arising out of the same incidents alleged in the instant action (Grand Jury No. 07-103 (WPB), United States District Court for the Southern District of Florida) ("the Federal Criminal Action"). In September 2007, the USAO and Mr. Epstein entered into a highly unusual and unprecedented deferred-prosecution agreement (the "Agreement"), in which the USAO agreed to defer (not dismiss or close) the Federal Criminal Action on the condition that Mr. Epstein continue to comply with numerous obligations, the first of which was pleading guilty to certain state charges in the Florida Criminal Action. The Agreement itself uses the term "deferred" (rather than "dismissed" or "closed") to describe the status of the Federal Criminal Action: THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida prosecution in this District, for these offenses shall be deferred in favor of prosecution by 2 Levftvitin". 3059 GlIANO AVM/E.SUITE 340. COCONUT GROVE. FLOIUDA 33133 EFTA00183687 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 4 of 41 the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement . . Agreement, at 2. By no stretch did the USAO finalize, close, complete, dismiss or abandon the Federal Criminal Action. Indeed, as the lead federal prosecutor recently explained, the USAO merely "agreed to defer federal prosecution in favor of prosecution by the State of Florida . . . ." See In re: Jane Doe, Case No. 08- 80736-C1V-Marra/Johnson (S.D. Fla.) (D.E. 14), Decl. of AUSA 07/09/08, ¶ 5, attached hereto as Exhibit "A" (emphasis added). Under the Agreement, the USAO presently retains the continuing right to indict Mr. Epstein - - or to unseal "any" already-existing federal "charges" that may already have been handed up by the federal grand jury and sealed - - should he breach any of its provisions. Agreement, at 2. The period of the deferral continues until three months after Mr. Epstein completes service of his sentence in the Florida Criminal Action. Id. Indeed, the final three months of the Agreement's term constitute an extended period during which the USAO expressly retains the ability to evaluate whether Epstein committed any breaches of his numerous obligations under the agreement while he was serving his state sentence, and, if it so determines, reserves the right to indict 3 Leyda 'rein 3059 GRAND AVENUE, SUITE 340. COCONUT GROVE, FLORIDA 33133 EFTA00183688 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 5 of 41 (or unseal an existing indictment against) Mr. Epstein - - even after he has completed serving his entire state sentence. The Agreement further provides that upon Epstein's execution of a plea agreement in the State Criminal Case, the Federal Criminal Action "will be suspended" and all pending grand-jury subpoenas "will be held in abeyance unless and until the defendant violates any term of this agreement." Agreement, at 5 (emphasis added). The Agreement directs the USAO and Epstein to."maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued," and to maintain such evidence "inviolate." Id. (emphasis added). It also expressly provides that the grand-jury subpoenas continue to remain "outstanding" until "the successful completion of the terms of this agreement." Id. (emphasis added). Further, it includes a promise not to prosecute movant/defendant MBonly if "Epstein successfully fulfills all of the terms and conditions of th[e] agreement." Id. Finally, the Agreement provides that the USAO's declination of prosecution for certain enumerated offenses and dismissal of any existing (sealed) charges will not occur until 90 days following the completion of his state sentence: If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the 4 l 'evAttaS in a 5059 GRANO AVINUS. Suns 540. Cocoettrr Glint FLORIDA 31135 EFTA00183689 • Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 6 of 41 United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of [sic] giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein, if any, will be dismissed. Agreement, at 2. Consistent with the Agreement and its position that the Federal Criminal Action continues to remain pending, the USAO recently sent letters to attorneys for people that the USAO has designated as "victims." In those letters, the USAO asked, "[I]f you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned [AUSA]." See Decl. of AUSAMIN, Exhs. 6 & 7, at 2 (July 9, 2008). The clear implication of the USAO's request (by which the USAO appears to involve itself in the instant litigation, despite advising the recipients that it cannot "take part in or otherwise assist in civil litigation," id. at 2), is that the USAO believes that such denial might breach the Agreement. 5 Leda Vein n 3O9Own AVSNW. SUITE 340. Conniff Own. FLORIDA 33133 EFTA00183690 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 7 of 41 Accordingly, the Federal Criminal Action remains "pending." Discussion I. Section 3509(k) Imposes a Mandatory Stay. The language of Title 18, United States Code, Section 3509(k) is clear and mandatory: a parallel "civil action shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added). The word "shall" means that the statute's command is mandatory and not subject to a Court's discretion. See, e.g., 1. 531 U.S. 230, 241 (2001) (noting Congress' "use of a mandatory `shall' to impose discretionless obligations") (emphasis added); Lexecon Inc.'. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26, 35 (1998) (explaining that "the mandatory 'shall' . . . normally creates an obligation impervious to judicial discretion") (emphasis added). Cf. 1. French, 530 U.S. 327, 350 (2000) (construing the litigation-stay provision of the Prison Litigation Reform Act, holding, "Through the PLRA, Congress clearly intended to make operation of the automatic stay mandatory, precluding courts from exercising their equitable powers to enjoin the stay. And we conclude that this provision does not violate separation of powers principles.") (emphasis added). One District Court within the Eleventh Circuit recently construed "the plain language of § 3509(k)" as "requirlind a stay in a case . . . where . . . a parallel criminal action [is] pending." Doe, Francis, No. 5:03 CV 260, 2005 WL 950623, 6 Lesgasin ri 3059 GRAND Menni. SUITE 340.COCOsur GROW- Fumon 33133 EFTA00183691 • Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 8 of 41 at *2 (N.D. Fla. Apr. 20, 2005) (Francis If) (emphasis added), Accord Doe I Francis, No. 5:03 CV 260, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (Francis I) (staying federal civil action in favor of "a criminal case currently pending in state court in Bay County, Florida, arising from the same facts and involving the same parties as the Instant action," noting that "the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case such as this where a parallel criminal action is pending which arises from the same occurrence involving minor victims") (emphasis added). There is no contrary opinion from any court. In determining that the federal stay provision is mandatory, the Francis 11 court expressed that there was apparently no case law supporting, or even "discussing the [avoidance] of a stay [under the command of] § 3509(k)." Francis II, 2005 WL 950623, at *2. Deferring to the statute as written, the Francis II court rejected the plaintiffs' argument that some of the alleged victims had already reached their majority. See id. The court similarly rejected the plaintiffs' argument that it would be in the victims' best interests to avoid a stay so as to counteract the victims' "ongoing and increasing mental harm due to the `frustrating delay in both the criminal case and [the civil] case.' Id. 7 Lewis Mein ri 5059 GRAM> AVENUE. Sin 340, CocOnvr GROVE, FLORIDA 33133 EFTA00183692 . Case 9:08-cv-80811 -KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 9 of 41 II. Section 3509(k) Applies to Investigations, Not Just Indictments. While there is no unsealed indicted criminal case against Mr. Epstein, the government's criminal investigation against him remains open. Section 3509(k) clearly applies to stay civil cases during the pendency, not only of indicted criminal cases, but also of pre-indictment criminal investigations. The term "criminal action" is not expressly defined in § 3509(k). It is defined, however, by a closely related statute. Title 18, U.S.C. § 1595 provides a civil remedy for "forced labor" and "sex trafficking" violations, but stays such actions "during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim."2 In enacting § 1595, Congress 'The full text of that statute provides: § 1595. Civil remedy (a) An individual who is a victim of a violation of section 1589, 1590, or 1591 of this chapter may bring a civil action against the perpetrator in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. (b) (1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. 18 U.S.C. § 1595. (2) In this subsection, a "criminal action" includes investigation and prosecution and is pending until final adjudication in the trial court. 8 Leay.M.AISirl 3050 OR NO AVENUE, Sun 340. COCONUT GROVE, RONDA 33133 EFTA00183693 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 10 of 41 specifically intended that the term "criminal action" would be applied extremely broadly. Accordingly, Congress took pains to ensure that courts would give it the broadest possible construction and, for that reason, specified in the definition provision that "criminal action" also "includes investigation." 18 U.S.C. § 1595(b)(2). The only reported decision addressing this provision interpreted it according to its plain language. See Ara I. Khan, No. CV 07-1251, 2007 WI, 1726456, *2 (E.D.N.Y. June 14, 2007) (ordering "all proceedings in this case stayed pending the conclusion of the government's criminal investigation of the defendants and of any resulting criminal prosecution") (emphasis added). Given that the USAO's Agreement with Epstein indicates that: the grand-jury's subpoenas remain "outstanding" (Agreement, at 5); the subpoenas are "h[e]ld . in abeyance" (id.); • the subpoenas are not "withdrawn" (id); the parties must "maintain their evidence" (id.) (which would be entirely unnecessary if the investigation against Epstein were closed); • "any" existing "charges" will not "be dismissed" until after Epstein has "timely fulfill[ed] all the terms and conditions of the Agreement" (id. at 2) (emphasis added); and "prosecution in this District ... shall be deferred" (id.) (but not closed or dismissed) - - then the only reasonable conclusion is that the Federal Criminal Action remains "pending." 9 1Leytitain N. 3059 Giulio Avoiut, Son 340, Cocomur G•ovx. Ro•,o4 33133 EFTA00183694 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 11 of 41 The ordinary meaning of the adjective "pending" is "[r]emaining undecided; awaiting decision . . . ." Black's Law Dictionary 1154 (8th ed. 2004).3 See also White". Klitzkie, 281 F.3d 920, 928 (9th Cir. 2002) (relying on Black's Law Dictionary, in the context of a criminal case, for the definition of "pending" as "awaiting decision"); Swartz'. Meyers, 204 F.3d 417, 421 (3d Cir. 2000) (relying on Black's Law Dictionary for the definition of "pending," expressly because "'pending' is not defined in the statute"). Any common-sense reading of the Agreement and the USAO's recent sworn construction of it, is consonant with the Federal Criminal Action's "remaining undecided" and "awaiting decision." See Unified Gov't of Athens-Clarke County f. Athens Newspapers, LLC, No. S07G1133, ___, 2008 WY, 2579238, *3 (Ga. June 30, 2008) (reviewing a public-records request against Georgia's "pending investigation" exception to its open-records law, and holding that "a seemingly inactive investigation which has not yet resulted in a prosecution logically "remains undecided," and is therefore "pending," until it "is concluded and the file closed") (emphasis added). ' The United States Court of Appeals for the Eleventh Circuit routinely relies on Black's Law Dictio ry for the definition of statutory terms, including in criminal cases. See e.g., United States.. Young, 528 F.3d 1294, 1197 n.3 (11th Cir. 2008) (definitions of criminal "complaint" and "indictment"); United States,. Brown, 526 F.3d 691, 705 (11th Cir. 2008) (definition of "knowingly" in criminal statute). 10 LevAitaisi 7039 GLAND AVENUE, SUM 310, CoCcaivr GROVE. FI.OluDA 3313) EFTA00183695 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 12 of 41 III. Section 3509(k) Applies Even After a Plaintiff Turns 18. The parallel stay provision in § 1595, discussed supra at 8-9, mandates, without exception, that any civil action brought under that section for violation of § 1591 (prohibiting transportation of minors for prostitution) "shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim." 18 U.S.C. § 1591(b)(1). Whether the § 1595 plaintiff has turned 18 does not vitiate the efficacy of this mandatory stay. An example illustrates why the stay provided in § 3509(k) has the same broad scope as the stay provided in § 1591(b)(1). As discussed above, § 3509(k) stays any civil suit for injury to a minor, arising out of the same occurrence as a pending criminal action. One type of civil suit falling within § 3509(k)'s ambit is a suit seeking redress for a violation of 18 U.S.C. § 2423(a). Section 2423(a) - - just like § 1591 - - prohibits transportation of minors for prostitution. The elements of both statutes are identical. There would simply be no legitimate basis for Congress to differentiate between the consequences attached to violating these two sections. Thus, just as Congress mandated under § 1595(b)(1) that civil discovery shall be stayed when there is an ongoing federal investigation under § 1591 (even after the victim turns 18), the identical treatment should apply under § 3509(k) to civil actions brought for the identical violation of § 2423(a). 11 Lenttll:sin 3059 139.4.49 AVMS, Su1T9 340. COCONUT Own. FLOCO.4 33133 EFTA00183696 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 13 of 41 Logic compels a rule requiring continued application of the § 3509(k) stay to a putative victim who has since turned 18. Consider again the example of § 2243(a). Assume that the USAO is investigating a § 2243(a) violator with two alleged victims; one who is now 17, and one who has turned 19. Assume further that both decide to sue the alleged offender while the USAO is still in the process of conducting its criminal investigation. Why would Congress enact § 3509(k) to prohibit the defendant from conducting civil discovery in the 17-year-old's lawsuit, but permit him to conduct full discovery in the 19-year-old's lawsuit, including taking the depositions of both the 19- and the 17-year-old, the federal investigating agents and all the grand-jury witnesses? This could not have been Congress' intent. The legislative history to a statute resembling § 1595 is also instructive. When Congress enacted 18 U.S.C. § 2255, it provided a civil remedy to any "minor . . . victim" of enumerated federal sex offenses. See Child Abuse Victims' Rights Act of 1986, Pub. L. No. 99-500, 100 Stat. 1783, § 703 (1986). In 2006, Congress amended the statute to clarify that the civil cause of action was available not just while the victim was a minor, but even after she or he turned 18. See Pub. L. 109-248, 120 Stat. 650, § 707 (b)(1)(A) (amending § 2255 to permit suit by adults who were victims of enumerated federal offenses when they were minors, by deleting "Any minor who is [a victim]" and adding "Any person, who, while a 12 Lewis Teinn. 3030 Owe Avows, SUITE 340. COCONUT Govt. FLOIUDA 33133 EFTA00183697 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 14 of 41 completion of a criminal action. See also 18 USC § 3509(k). H.R. Rep. 108-264(11), 108th Cong., 1st Sess. (2003), reprinted at 2003 WL 22272907, at *16-17 ("agency view" by the Department of Justice on bill later codified at 18 U.S.C. § 1595). The Department specifically argued to Congress in the clearest terms: "We believe that prosecutions should take priority over civil redress and that prosecutions should be complete prior to going forward with civil suits." Id. at 17 (emphasis added). Nowhere did the Department suggest that pending prosecutions warrant less protection (i.e., should be "hinder[ed]") simply because a particular civil plaintiff happens to reach his or her 18th birthday. IV. A Stay is Mandatory Despite Resulting "Delay" to Civil Lawsuits. Inherent in any § 3509(k) stay is delay to the progress (discovery, trial, appeal) of all related civil lawsuits. Congress recognized this in enacting the stay provision, which necessarily prioritized the interests of completing a criminal investigation and prosecution over the interests of a particular plaintiff in seeking personal pecuniary damages. Based on this reasoning, the Francis II court specifically refused to provide any relief to plaintiffs "simply because the state [criminal] matter is not progressing as fast as they would hope." The court made this determination despite the plaintiffs' complaints about the "frustrating delay" and that "the state criminal case 'has languished for almost two years with no end 14 3059 GRAM) Avon& Sun 340, COCONUT GROVE, FLORIDA 33133 EFTA00183698 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 15 of 41 in sight,' finding that this "is a matter to be addressed in state [criminal] court." Id. Accordingly, the anticipated delay in this case, attendant to the term of the deferred-prosecution agreement, does not change the clear command of § 3509(k). According to her own pleadings, the plaintiff waited seven years before filing this lawsuit, Compl. ¶¶ 2,6, and so cannot rightfully claim prejudice from additional temporary delay. B. Section 3509 Aside, a Discretionary Stay is Warranted. Even, arguendo, were this Court not to apply the mandate of § 3509, a discretionary stay should still be entered during the pendency of the Federal Criminal Action. SEC,. Healthsouth Corp., 261 F. Supp. 2d 1298, 1326 (RD. Ala. 2003) ("No question exists that this court has the power to stay a civil proceeding due to an active, parallel criminal investigation."). Other federal statutes support such a stay -- particularly when the criminal action may be adversely affected by the civil litigation. For example, under 18 U.S.C. § 2712(e)(1), "the court shall stay any action commenced [against the United States] if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or prosecution of a related criminal case." Allowing this lawsuit to progress while Epstein remains subject to the Federal Criminal Action will prejudice him irrevocably and irreparably. As 15 Lesnisasintb 3039 GRAND AvINK SUM 310. COCOPWf GROH., FLOIUVA 33131 EFTA00183699 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 16 of 41 provided below, there are several adverse effects to allowing this case to proceed while the Federal Criminal Action remains pending. In this lawsuit, Epstein has a right to defend himself. In the Federal Criminal Action, Epstein has a right against self-incrimination.4 Without a stay, Epstein will be immediately forced to abandon one of these rights. Should he choose his Fifth Amendment rights, he will expose himself to an adverse inference at the summary-judgment stage and at trial. See generally, Wehlingl. Columbia Broad. Sys, 611 F.2d 1026, 1027 (5th Cir. 1980) (observing that "invocation of the privilege would be subject to the drawing of an adverse inference by the trier of fact"). On the other hand, should Epstein choose his right to defend himself in this lawsuit, the USAO will be able to use his responses at every stage of the discovery and trial process (e.g., his Answer, responses to document requests, responses to requests for admissions, sworn answers to interrogatories, answers to deposition questions, and trial testimony) to his detriment in the Federal Criminal Action.5 ° The privilege applies in "instances where the witness has reasonable cause to apprehend danger" of criminal liability. Hoffman United States, 341 U.S. 479, 486 (1951). This could give the USAO a tremendous advantage in prosecuting Epstein in the Federal Criminal Action. See Comment, Using Equitable Powers to Coordinate Parallel Civil and Criminal Actions, 98 Han,. L. Rev. 1023, 1026 (1985) (observing that "the prosecutor may have access to detailed civil depositions of the accused witnesses, while the rules of criminal procedure bar the accused from deposing the prosecutor's witnesses"). 16 11...e.Va 1 4El n n. 3039 GRAND AVENUE, WTI MO. COCONUT GROVE. FLORIDA 33133 EFTA00183700 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 17 of 41 In this lawsuit, even before civil discovery begins, under the Initial Disclosures required by Fed. R. Civ. P. 26 and S.D. Fla. Local Rule 26.1, Epstein "must" disclose the identities of all the witnesses he would call in his defense to the Federal Criminal Action (Rule 26(a)(1)(A)(i)), copies of "all documents" he "may use to support [his] defenses" (Rule 26(a)(1)(A)(ii)), as well as the identity of "any" expert witness he "may use at trial," along with mandatory disclosure of "a written report" containing "a complete statement of all opinions the [expert] will express and the basis and reasons for them" (Rule 26(aX2)(A) and (B)(i)). In contrast, in the pending Federal Criminal Action, which is governed exclusively by the Federal Rules of Criminal Procedure, the USAO would not be entitled to compel pre-trial production of any of this information. See Fed. R. Cr. P. 16(b)(1)(A), (C), and 16(b)(2); United States Argomaniz, 925 F.2d 1349, 1355-56 (11th Cir. 1991) (explaining act-of-production privilege). Thus, absent a stay of this civil action, the USAO would receive fundamentally unfair access to defense information and highly prejudicial advance insight into criminal defense strategy. See Comment, 98 Han& L. Rev. at 1030 ("To the extent that a prosecutor acquires evidence that was elicited from the accused in a parallel civil proceeding, the criminal process becomes less adversarial."). 17 lae-VICINI. 70)90w. AVENUE. SUITI340.COCOMUT GROWL FLORIDA )3133 EFTA00183701 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 18 of 41 Without a stay in place, discovery will proceed, including against third parties. Mr. Epstein will have no alternative but to issue subpoenas seeking evidence from state and federal law-enforcement officers. For example, Epstein is clearly entitled to discover evidence of prior statements (including inconsistent statements) given by witnesses whom law-enforcement has previously interviewed. See, e.g., Cox'. Treadway, 75 F.3d 230 (6th Cir. 1996) (holding that district court properly admitted testimony of prosecutor about prior inconsistent statements that witness made to the prosecutor). Likewise, Epstein may be entitled to discovery of relevant evidence that is in the present possession of the grand jury or other law￾enforcement agencies. See, e.g., Simpson E. Hines, 729 F. Supp. 526, 527 (E.D. Tex. 1989) ("The grand jury has concluded its deliberations . . . . The need for secrecy of these specific tapes no longer outweighs other concerns."); Golden Quality Ice Cream Co., Deerfield Specialty Papers, Inc., 87 F.R.D. 53, 59 (E.D. Pa. 1980) ("[W]here, as here, the grand jury has completed its work and all that is sought are those documents turned over to the grand jury by the corporations which are defendants in the civil case, the considerations . . . militating against disclosure are beside the point.") (citing Douglas Oil Co. of Calif, Petrol Stops Nw., 441 U.S. 211 (1979)). In response to such third-party subpoenas to law-enforcement witnesses, we anticipate that it will be the government, not Mr. Epstein, who will object to 18 Lewis Tein 7039 GIMP AVENUE, SUITE 340. COCONVTGROVS, FLOODA 33133 EFTA00183702 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 19 of 41 discovery in this civil case, until the final conclusion of the Federal Criminal Action. Conclusion Because this lawsuit arises from the same allegations as the Federal Criminal Action, this Court should stay this lawsuit until that action is no longer pending. Respectfully submitted, By: LEWIS TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 F• • 305 67110.. SA/. A. EWIS Ha. Bar No. 623740 lewis@lewistein.com MICHAEL R. TEIN Fla. Bar No. 993522 tein@lewistein.com ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691 By: Jack A. Goldberger Ha. Bar No. 262013 jgoldberger®agwpa.com Attorneys for Defendant Jeffrey Epstein 19 Lewis ri. 3039 GUM Avon* Sint 340. Coco/40r Gaon. FLO1110A 33133 EFTA00183703 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 20 of 41 EXHIBIT A i EFTA00183704 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 21 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. FILED by 'P D.C. JUL 0 9 2008 VDU M. LARIMORt CLEAXUAL Wit Ct II. 0. yr FLA. • Walt DECLARATION al IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFMCEMENT QF CRIME VICTIM RIGHTS ACT. 18 U.S.C. ti 3771 do hereby declare that 1am a member in good standing of the liar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt Ili in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. 9/0 EFTA00183705 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 22 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21 2 I am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses. 3. Throughout the investigation, when a victim was identified, victim not i fication letters were provided to her both from your Milani and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three clients, al, and Your Affiant's letter to was provided by the FBI. (Ex. I ). Your Affiant's letter to was hand-delivered by myself to al at the time that she was interviewed (Ex. 2).2 Both. and also received letters from the FBI's Victim￾Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). S was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. lits status as a victim of a federal offense was confirmed when she was interviewed by 'Attorney Edwards filed his Motion on behalf of "Jane Doe," without ti whic " his clients is the purported victim. Accordingly, I will address facts related Iona. ME, and MR All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old. 2Please note that the dates on the U.S. Attorney's Office letters to S and... are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted. -2- EFTA00183706 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 23 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 3 of 21 %me federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to on May 30, 2008 (Ex. 5). 4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your A (tient had contact with C.W. and II Attorney Edwards' other client, was represented by counsel and, accordingly, all contact with MB was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.' 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein 'The undersigned does not know when Mr. Edwards began representing ■. or whether ever formally terminated Mr. Eisenberg's representation. -3- EFTA00183707 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 24 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the panics to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007,. was openly hostile to the prosecution of Epstein. The FBI attempted to interview ■. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been -4- EFTA00183708 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 25 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 5 of 21 notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement. 9. A nein. had been notified of the terms of the agreement, but before Epstein performed his obligationsn. contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent'''. and several other identified victims. Pro bono counsel was able to assists. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that. was dissatisfied with the resolution of the matter. 10. In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that he represented'''. and'''. and asked to meet to provide me with information regarding Epstein. I invited Attorney Edwards to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney Edwards that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney Edwards had alluded toll., so I advised him that, to my knowledge,III. was still represented by Attorney James Eisenberg. -5- EFTA00183709 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 26 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 II. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Aftiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented.., and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed your A fliant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your Aftiant provided the attached victim notifications to and■. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to.. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light 01 .'s prior statements to law enforcement, your Affiant could not in good faith include'''. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification ofEmergency, Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Aftiant had -6- EFTA00183710 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 27 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 already received the Certification of Emergency and Emergency Petition, l received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct to the best of my knowledge and belief. Executed this day of July, 2008. -7- EFTA00183711 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 28 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20 %or U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avt , Suits, 400 Wen Palm &ark Ft 1)401 (560670.1ams Facsimile. June 7, 2007 DELIVERY BY HAND Miss @ill wea Re: Crime Victims' and Wapcsses' Rights Dear Miss We Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those nghts arc: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. l( Members of tie U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that tlaw ri hts arc protected. If you l this regard, please feel free to contact me at IN , or Special Agent fromthe Federal Bureau of Investigation at 561 822.5946. You alsu• can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.301-5983. That Office has a website at www.ovc.gov. You con seek the advice of an attorney with respect to the rigliik listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00183712 Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM miss newalb JUNE 7, 2007 PAGE. 2 Document 33 Document 14 Entered on FLSD Docket 01/07/2009 Page 29 of 41 Entered on FLSD Docket 07/15/2008 Page 9 of 21 In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If ou or our family is subjected to any intimidation or harassment, please contact Special Agent or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violawlse lave:,However, if you arc contacted, you have the choice of speaking to that person or refusing led° So. I u refuse and feel that you are being threatened or harassed, then please contact Special Agent or myself You also are entitled to notification of upcoming case events. At this time, your case is under investigation! If anyone is charged in connection with the investigation, you will be notified. By: cc: Special Agent_-, F.B.I. Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attorney f EFTA00183713 Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM DaktSall Miss Document 33 Document 14 me, Entered on FLSD Docket 01/07/2009 Page 30 of 41 Entered on FLSD Docket 07/15/200 %ay U.S. Department of Justice United States Attorney Southern District of Florida 500 Sough Australian Arc.. Suite 400 West Palm !leach. Ft 53401 (5611820.87 I Facsimile August 11, 2006 Re: Crime Vicijins' and Witnesses' Ruth's Dear Miss a Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of nghts. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony maybe materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The retsonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. ( Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that t ese protected. If you e an concerns in this regard, please feel free to contact me al , or Special Agent from the Federal Bureau of Investigation at 561 822.5946. You also can contact the Justice DeparRnent's Office for Victims of Crime in Washington, D.C. at 202.307.5983. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights .fel forth above are being violated, you have the right to petition the Court for relief EFTA00183714 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 31. of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 11 of 21 MISSTea AuGuST 11,7006 PAGE 2 In addition to these tights, you are entitled to counseling and medical services, and I., from intimidation and harassment. if the Court determines that you are a victim, you -1. . entitled to restitution from the perpetrator. A list of counseling and medical service p" . be provided to you, if you so desire. If you or out family is subjected to any iMir harassment, please contact Special Agent or myself immediately. It is p, • someone working on bchalfof the targets of the investigation may contact you. Such cu • not violate the law. However, if you are contacted, you have the choice of speaking in . or refusing to do so. If ou refuse and feel that you are being threatened or harassed, tlic contact Special Agent or myself. You also are entitled to notification o f upcoming case events. At this time, you' t . • investigation. If anyone is charged in connection with the investigation, you will he Sincerely, R. Alexander Acosta United States Attorney By: Assistant nite a es cc: Special Agent MIME F B fi EFTA00183715 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 32 of 41 Case 9:08:py-8971§-KAM Document 14 Entered on FLSD Docket OZL15/20(18, Page,120af 21 U.S. Deparbnent of Justice Federal Bureau of investigation FBI • Weal Palm Beach Suite 500 505 South Pinter Drive West Pen Beach, FL 33401 Phone: (681)6317517 Fax: (561) 833.7970 January 10, 2C08 Re: Case Number:de Dear Mae. This case le currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct e thorough Investigation. Ass crime victim, you hive the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the *ceased; (2) The right to reasonable, accurste, and Ornery notice of any public coup proceeding, or any parole proceeding, Involving the crime of of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clew and convIndng evidence. determines that testimony by the victim would be natality altered it the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district cowl Involving redone, plea, sentencing. or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (0) The right to foil end timely restitution as provided In NW; (7) The right to proceedings free from unreasonsble delay; (8) The right to be treated wan fairness end with rasped for the viotIm's dignity and privacy. We will make our best efforts to ensure you are accorded the eights described. Most of these rights pertain to events occurring after the arrest or indictment or en Individual for the crime. and it will become the responsibility of the prosecuting United Stings Attorney's Office to ensure you era accorded those rights. You may also seek the advice ore private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct Information regarding the case as 4 proceeds through the criminal justice system. You may obtain current Information about this matter on the Internet at WWW.Nodty.USDOJ.GOV w from the VNS Cali Center at 1.666-00J-4YOU (14366461 4968) (rOD/ITY: 1.886.2284619) (International; 1.502.2132767). In addition, you may use the Call Cents: or Internet to update your contact information end/or charge your dedsion about Pettish:480n in the negation program, if you update your Information to Include a current email address, VNS will send information to that address. You will need the following Victim identification Number (MN) '1941737' Mai' Persons identification Number (PIN) '5502' anytime you contact the Call Center and the first time you log on to VNS on the Internet In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) es currency contained In VNS. The name you should enter is EFTA00183716 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 33 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008"' Pada `1'38121 N•ror sem/ n you have &Monet questa:ins which Ne this matter, please contact ma office listed above. When you cal, pines provide the fee number bested et the top of IIIIs latter. Plane remember. your participation In the noeficabon part of this program Is adultery. In order to continue to receNt notlficebons. Ills your responsibility to leap your contact Inform Mon current Sincerely. iggallst Vic rr EFTA00183717 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 34 of 41 Case 9:08rcv-80736-KAM Document 14 Entered on FLSD Docket 074046/2000”,Paget:NV 21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Pe/in Beech Suite 500 505 South Hagler Drive West Palm Beach, FL 33401 Phone: (581)833-7517 Fax: (501)8334970 January 10, 2008 James Eisenberg One Cluariake Center Stu 704 Ausbellan South West Palm Beach. Ft. 33401 Re: Dear James Eisenberg: You have requested to receive notifications for Talbfalp This case Is currenCy under Investigation. This oan bee lengthy process and we request your continued patience while we conduct a thorough Investigation. As • crime victim, you hetes the following tights under 18 United Stales Code § 3711: (1) The right to be reasonably protected from the, accused: (3) The right to reasonable, accurate, end timely notice of any public court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the accused: (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convinoIng evidence, determines that testimony by the victim would be materially altered If the victim heard other testimony at that proceeding (4) The dght to be reasonably heard et any public proceeding In the district court Involving release, pies. sentencing. or any parole proceeding; (5) The isogonal* right to confer with the stormy for the government in the case; (6) The right to full and timely restitution as provided in law: (7) The night to proceedings bee from unreasonable delay: (8) The right to be treated with fewness and with respect for the victim's dignity and privacy. We will make our best etforte to ensure you are accorded the rights described, Most of these nghb pertain to events °caning after the arrest or Indictment of an Individual for the came, and It will become the responsibalty of the prosecutIng United States Attorney's °Moe to ensure you are accorded those rights. You may abo seek the edvIce of a peal* attorney with respect to these rights. The Victim N0tificeitI0n System (VNS) is designed to provide you with direct Information regarding the case as It proceeds through the criminal Justice system. You may obtain current Information about this matter on the Internet at WWW.Natify.U,SDO.I.GOV or from the VNS Call Center at ¶.885-DOJ-4YOU (1.886.385- 4968) (TDD/ITY: 1-866.228.4819) (International: 1.802.213-2767). In addition, you may use the CO Center or impureto update your contact inforrnebon end/Or change your decision about participation in the notrflostion program. If you update your Information to Include a current email address. VNS will send information to that address. You wit need the following Victim Identification Number (VIN) '1941741' and Personal Identification Number (PIN) '7760' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you leases the VNS Internet site, you will be prompted lo enter your last name (or business name) as currently contained in VNS. The name you should enter Is Eisenberg. EFTA00183718 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 35 of 41 Case 9:08-ov-80736-KAM Document 14 Entered on FLSD Docket 07446/N08>Di Page el:Eraf 21 v ' II yOU have addlUonel questions width Involve this matter, please contact the office fisted above. When you cell. please provide the ale number located at the top of this letter. Please remember, your participation in the notification part of this proven Is voluntary. In order to continue to receive notifications. It is your responsibility to keep your conical Intonation current. Sincerely. Victim Spe6aksi EFTA00183719 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 36 of 41 Case 9:08:cv-807.36-KAM Document 14 Entered on FLSD Docket 0-71,151-20 Nee U.S. Depertment of Justice Federal Bureau of Investigation FBI. West Palm Beach Suite 600 505 South Flagler Drive West Palm Beech, FL 33401 Phone: (661) 833-7517 Fax: (661) 6334870 1A0) 3C 2CM? Re: DeerMan Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we ere Investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the InvesSeaton. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights Include notification of the status of the case. The enclosed brochures provide Information about the FBI's Victim Assistance Program, resource and Instructions for accessing the Victirn Notification System (VNS). VNS is designed to provide you with information recording tee status of your case. This case Is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigetion. As a crime victim, you have the follovAng rights under 18 United States Code § 3771: (1) The right to Co reasonably protected from the accused; (2) The right to reasonable, accurate, end timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, alter receiving clear and convincing evidence, determines that testimony by the victim would be materially altered If the victim heard Other testimony et that proceeding; (4) The right to be reasonably heard et any public proceeding in the district court Involving release, plea, sentencing. or any parole proceeding; (6) The reasonable right to confer with the attorney for the Government In the case; (6) The right to full and timely reattuton is provided Is law; (7) The right to proceedings tree from unreasonable delay; (6) The right to be treated with fairness end with respect for the victIm's regNty and privacy. We will make or best efforts to ensure you era sccorded the rights described, Most of these rights pertain to events occurring after the snit or Indictment of an Individual for the crime, end it cold become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of e private attorney with respect to these rights. The Victim Notification System (VNS) Is designed to provide you with direct information regarding the case as it proceeds through the criminal Justice system. You may obtain current information about this matter on the Internet at WWW.Notity.USDOJ.GOV or from the VNS Cell Center et 1.666-DOJ-4YOU (1-866.355- 4968) (TDD/TTY: ta366-226.46191 (Intemetionat 1-602.213-2767). In addition, you may use the Call Center or Internet to updete your contact Information and/or change your decision about participation in the notification program. if you update your Information to include e current email address, VNS will send Information to that address. You will need the following Victim Identification Number (VIN) '2074381' end Personal Identification Number (PIN) '1816' anytime you contact the Call Center end the first lime you tog or. to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your lest name (or business name) as currently contained in VNS. The name you should enter Is Alpe EFTA00183720 Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM Document 33 Document 14 \me Entered on FLSD Docket 01/07/2009 Page 38 of 41 Entered on FLSD Docket 07/15/2008 Page 18 of 21 stose GOVERNMENT WINDT U.S. Department of Justice United States Attorney Southern District of Florida CASE Nop840136CV-MARRA EXHIBIT NO 6 500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 (561) 820-8711 Facsimile. O6O820.8777 July 9, 2008 DA FACSIMILE Brad Edwards, Esq. The Law Offices or Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Dear Mr. Edwards: sleffity Epstein/C va NOTIFICATION OF IDENTIFIED VICTIM By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, OBS wit On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations ofFlorida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf￾009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00183721 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 39 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 %sr BRAD EDWARDS, ESQ NOTOICATION OF IDENTIFIED VICTIM Ca Vi Mix 9, 2008 PAGE 2 or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, CIIIIMIlpWa is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, ifiyou do file a claim under I8 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents and Richards for the health and well-being of Ms. a By: cc: Jack Goldberger, Esq. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTAN .S. AT RNEY EFTA00183722 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 40 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Paz! 20 of 21 Southern District of Florida United States Attorney OCIVER EXHIBIT NUENT CASE Na0S8073(-CV-MARRA OM NO. R 7 Nee US. Department of Justice 500 South Australian Ave., Suite 000 West Palm Beach. FL 33401 (5611810-8711 Facsimile: July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/Site a NOTIFICATION OF IDENTLFIEp VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, IMMO On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMEI and 2008-cf￾009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00183723 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 41 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 Nat BRAD EDWARDS, ESQ. NI)TIF ICA TION OF IDENTIFIED VICTIM SINSIIIIIP Ms 9, 2008 PAGE 2 Or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, Salk P is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to tile a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents- and Richards for the health and well-being of Ms. R` R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASS A U- S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00183724 EFTA00183725 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUI IN AND FOR LEON COUNTY, FLORIDA FLORIDA S INC. CANE 1 B1517110554 LEAGUE, . ) Plaintiff, ) ) Case Number: vs. ) ) FLORIDA DEPARTMENT OF ) ENVIRONMENTAL REGULATION, ) ) Defendant. ) ) ORDER This cause is before the Court on the Complaint of the Florida Sugar Cane League, Inc. ("League"). The League seeks an order requiring a state agency, the Florida Department of Environmental Regulation ("DER"), to release certain documents under its custody and control, pursuant to the Florida Public Records Act, Chapter 119, Florida Statutes. The facts in this case are as follows: DER is a Defendant in the case styled United States N. South Florida Water Management District. et al., Case No. 88-1886-CIV￾Hoeveler, United States District Court, Southern District of Florida ("U.S. lc SFWMD"). DER, as a Defendant in that case, entered into settlement negotiations with the plaintiff as represented by the United States Department of Justice ("DOJ"). During the negotiations, drafts of proposed settlement agreements and other information relating to the settlement proposal were made, sent or received by DER to and from federal agencies and representatives, including DOJ. DER also entered into an agreement with DOJ to keep all documents it received during the settlement 'negotiations confidential. C, 265 EFTA00183726 R1517110555 On May 21, 1991, the League made a public records request for a draft of the Settlement Agreement which the Secretary of DER had publicly stated as having been received by DER. On May 28, 1991, DER responded to the League's request by refusing to disclose the requested document claiming the document was privileged and immune to discovery. On May 31, 1991, the League filed this action, pursuant to Chapter 119, Florida Statutes. A hearing was originally scheduled before this Court for June 5, 1991, but DER removed the case to federal district court, where it was ultimately transferred to the Southern District of Florida. The League filed a Motion to Quash DER's Notice of Removal, which motion was argued before Judge William Hoeveler on July 10, 1991, and was granted on September 10, 1991. The federal court held that there was no federal jurisdiction over the matter as the League's claim arises purely under state law, and Judge Hoeveler remanded the case back to this Court. A hearing was held before this Court on September 16, 1991. Attorneys for the parties appeared and argued their respective positions. DOJ also appeared, pursuant to title 28, United States Codes, section 517, to argue in support of DER and to advise the Court of the United States' asserted interest in keeping the documents from public disclosure. DER asserts that Florida's Public Records Act is not applicable in this matter because it has been preempted by "federal immunities and privileges." DER further claims that it has contractually vowed to the United States to withhold requested documents under the confidentiality agreement 2 266 EFTA00183727 OR/517°C0556 into which it entered with DOJ, and that DER is acting as DOJ's agent in withholding the documents from public disclosure. This Court rejects these arguments. Florida's public records law is sweeping in its breadth and requires virtually unfettered public access to records in the custody of state agencies. Unless a statutorily provided exemption permits nondisclosure of public records, Florida law requires that all such records in the custody of state agencies be open and available for public inspection. The parties agreed that there is no statutory exemption in the Florida Public Records Act which would prevent disclosure of public records received by state agencies during settlement negotiations in U.S. I. SFWMQ, including the records sought by the League in this case. DER has cited no applicable statutory exemption in the Florida Public Records Act, and the judiciary is without any authority to expand or create an exemption to Florida's public records law. Wait I. Florida Power & Light Co., 372 So. 2d 420 (Fla. 1979); Times Publishing Co. I. City of St. Petersburg, 558 So. 2d 487 (Fla. 2d DCA 1990). Principles of federal preemption under the Supremacy Clause may, in limited circumstances, act to prevent application of Florida's public records law where there is a clear conflict with an express requirement of confidentiality provided in a federal statute. See Cummer I. Pace, 159 So. 2d 679, 681-82 (Fla. 1935); see generally, pp. 81-82, Florida's Government-in-the-Sunshine Manual, Office of the Attorney General (1991). In this case, although DER claims preemption under federal law of privileges and 3 267 EFTA00183728 L.A.517PC0557 immunities, it has cited no specific federal statute which clearly requires that the documents in question be kept confidential. DER also relies on DOJ's assertion that the documents would not be "discoverable" from DOJ in the pending case, and that documents are exempt from disclosure by DOJ under FOIA. Even assuming that were true, it is irrelevant to the application of Florida's public records law to documents in the custody of Florida's state agencies. As stated by Judge Hoeveler in remanding this action: Thus, while FOIA may provide an independent cause of action insofar as the document in dispute is also in the custody of a federal agency, i.e., the Department of Justice, it cannot be said to displace and supplant a state statute directed at state agencies and state records. (Hoeveler Order at p. 12.) DER's reliance on its confidentiality agreement with DOJ is equally misplaced. A state agency cannot bargain away its Public Records Act duties or create a "self-exemption" with a promise to third parties to keep records from disclosure to the public. Tribune Co. I. Hardee Memorial Hospital, Case No. CA-91-370, Tenth Judicial Circuit in and for Hardee County, Florida. See also Browning Walton, 351 So. 2d 380 (Fla. 4th DCA 1977). THEREFORE, it is hereby ORDERED and ADJUDGED that: 1. Settlement agreements made or received at any time by DER in connection with U.S. U. SFWMD are hereby declared to be public records subject to disclosure under the Public Records Act, Chapter 119, Florida Statutes. 2. The Federal Freedom of Information Act, title 5, United States Code, section 552, does not preempt Chapter 119, Florida 4 268 EFTA00183729 OR1517PC0558 Statutes, to exempt from public disclosure public records in the custody of Florida state agencies, including DER; 3. DER shall provide access to the League, within forty￾eight hours of rendition of this Order, to inspect and examine any and all draft settlement agreements DER has withheld from public disclosure based on a claim of federal preemption; 4. If DER desires to appeal this Order, DER shall prepare and deliver to the clerk of this Court, for inclusion in the record under seal, at the time it files its notice of appeal, all draft settlement agreements exchanged with the DOJ relating to U.S. I. SFWMD which it asserts are exempt from Florida's public records law based on a claim of federal preemption. Such documents shall be held under seal pending final disposition of the appeal; and 5. As the parties have not yet agreed to a stipulation as to an appropriate award of attorneys' fees, the Court retains jurisdiction to determine the award of attorneys' fees pursuant to section 119.12, Florida Statutes. DONE and ORDERED in Chambers at Tallahassee, Leon County, cpc Florida, this - day of September, 1991. Copies furnished to counsel of record 2 P. Kevin Davey Circuit Court Jud 5 269 EFTA00183730 606 So.2d 1267 17 Fla. L. Weekly D2571 (Cite as: 606 So.2d 1267) FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, FLORIDA SUGAR CANE LEAGUE, INC., Appellee. No. 91-3128. District Court of Appeal of Florida, First District. Oct. 29, 1992. *1267 An appeal from the Leon County Circuit Court; P. Kevin Davey, Judge. Robert G. Gough, Asst. Gen. Counsel, Florida Dept. of Environmental Regulation, Tallahassee, for appellant. Judith S. Kavanaugh, William L. Hyde and Richard A. Russell of Peeples, Earl & Blank, P.A., Miami, for appellee. Barry M. Hartman, Acting Asst. Atty. Gen., Dexter W. Lehtinen, U.S. Atty., and Susan Hill Ponzoli, Asst. U.S. Any., Miami, Keith E. Saxe, David C. Shilton and Ellen J. Durkee, Dept. of Justice, Washington, D.C., for amicusi U.S. PER CURIAM. AFFIRMED. Wait I. Florida Power & Light Co., 372 So.2d 420 (Fla.1979). MINER, ALLEN and KAHN, IL, concur. END OF DOCUMENT Copr. °West 1995 No claim to orig. U.S. govt. works Page 1 WESTLAW ye% EFTA00183731