RE: [Redacted] MTD Opposition

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(USANYS)

Assistant United States Attorney
Southern District of New York
One St. Andrew's Plaza
New York, NY 10007

EFTA00105878

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(USANYS)

This is not a chart. It is an email.

Key Information:

Sender: (USANYS)
Recipient(s): (USANYS), (USANYS), (USANYS)
Cc Recipient(s): (USANYS), (USANYS)
Date Sent: Thursday, November 21, 2019
Time Sent: 12:02 PM
Subject: RE: MTD Opposition

Well done, team. Light edits attached. How are the preps/interviews going out there?

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(USANYS)

This is an email thread regarding "MTD Opposition." The participants are discussing meeting availability on Monday.

Here's a summary of the key information:

Date: Friday, November 29, 2019
Subject: MTD Opposition
Key Discussion Point: Scheduling a meeting on Monday.
Proposed Times:
Someone is available at 3:30 PM.
Another person suggests 11 AM.
A third person suggests Monday between 11 AM and 2 PM, or 3 PM to 5 PM.
Purpose of Meeting: Brief meeting about additional discussions.
Senders: Several individuals from "(USANYS)" are involved in the email chain.

EFTA00105877

Thanks,

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(USANYS)

Buried in a much longer (and interesting) piece about Epstein, is the following which may be of interest for (particularly since David Boies is involved):

https://www.nytimes.com/2019/11/30/business/david-boies-pottinger-jeffrey-epstein-videos.html?
action=click&module=Top%20Stories&pgtype=Homepage

Mr. Pottinger obliged — and walked into what looked like a trap. He described two hypotheticals, both of which were consistent with what had been discussed with The Times at the Harvard Club.

In one, which he called a "standard model" for legal settlements, Mr. Pottinger said the money would be split among his clients, the Astria Foundation, Kessler and the lawyers, who would get up to 40 percent.

In the second hypothetical, Mr. Pottinger wrote, the lawyers would approach the videotaped men. The men would then hire the lawyers, ensuring that they would not get sued, and "make a contribution to a nonprofit as part of the retainer."

"No client is actually involved in this structure," Mr. Pottinger said, noting that the arrangement would have to be "consistent with and subject to rules of ethics."

"Thank you very much," Kessler responded.

Mr. Pottinger later said that the scenario would have involved him representing a victim, settling a case and then representing the victim's alleged abuser. He said it was within legal boundaries. (He also said he had meant to type "No client lawsuit is actually involved.")

EFTA00105876

Such legal arrangements are not unheard-of. Lawyers representing a former Fox News producer who had accused Bill O'Reilly of sexual harassment reached a settlement in which her lawyers agreed to work for Mr. O'Reilly after the dispute. But legal experts generally consider such setups to be unethical because they can create conflicts between the interests of the lawyers and their original clients.