DOJ ongoing Investigation.

Dea

We and the Duke of York set out to assist your investigation when the DOJ asked for his help in January 2020. However, we regret to say that we have reached the conclusion that the DOJ's dealings with the Duke of York have not been designed to seek his assistance in investigating and prosecuting the targets of the investigation but instead have been used only to gather publicity for Mr Geoffrey S. Berman, the United States Attorney for the Southern District of New York.

It is essential, if justice is to be done for Epstein's victims, that a proper and thorough criminal investigation is carried out. Although the public record indicates your office (SDNY) has been actively investigating Mr. Epstein and other targets for more than 2 years, the first time you ever attempted to make contact and request The Duke of York's help was on 2 January 2020.

The Duke instructed my firm to make contact with you pertaining to this request. When we made contact, you confirmed that the Duke of York was not and is not a target of the US criminal investigation.

Due to the publicity surrounding the investigation, we asked you to confirm that our discussions and any interview arrangements would remain confidential, in accordance with your rules. The Duke did not want to add to the media circus that has now surrounded the investigation. On 10 January 2020 you confirmed that any arrangements would indeed be kept confidential.

We indicated that we would refer back to you once we had dealt with the various issues and procedures, which would need to be addressed to enable the Duke to cooperate to the fullest extent possible, including the need to obtain all the information that you might need to consider. It was at that time that we informed you, by email dated 20 January, that such preliminary issues would be dealt with within 14 days. It was also in that email that we confirmed that The Duke has a strong desire to cooperate with the ongoing investigation by the DOJ.

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Instead of waiting to hear from us (as you indicated on 22 January 2020), Mr Geoffrey S. Berman, the United States Attorney for the Southern District of New York, chose to make a public statement about the Duke on 27 January 2020. This led to press reports that there had been "a wall of silence" and that there had been "zero co-operation" by the Duke. These statements were not true. They should not have been made.

Quite apart from your promise of confidentiality, in England it would not be thought to be in the interests of justice for any prosecutor or investigator to make public statements about witnesses who may be willing, in confidence, to assist their investigation.

In England, prosecutors and investigators try to make sure that the investigation and trial of serious criminal cases take place in court and not in press conferences or publicity battles.

When we complained about the way the Duke (and we) had been treated by the DOJ, you refused to apologise and you have now also gone back on your promise that any arrangements for the interview will be confidential.

We cannot advise the Duke to speak to prosecutors who cannot be trusted to deal with him fairly nor to treat what he says or does confidentially. He has reluctantly accepted our advice that, in those circumstances, there is no purpose to be served in continuing to try to assist further.

Finally we have no wish to engage in any further publicity battle about the DOJ's conduct and for that reason we ask that you treat this email as private and confidential.

Regards

Gary