RE: FORMAL NOTICE of Office-wide Recusal of Southern District of Florida (GCO File No. REC-11-4159)

Hi Richard,

Attached is a memo outlining (probably in exponentially more detail than you wanted) the background of the Jeffrey Epstein case and some of the reasons why it would probably be best for another district to handle any future investigation. As I mentioned, venue may lie in multiple districts, which may make it easier on whichever district ultimately handles the investigation. Thanks as always.

First Assistant United States Attorney

Southern District of Florida

99 N.E. 4th Street

Miami, FL 33132

(305) 961-9029

« File: Epstein Conflict Memo amended.wpd »

Hello

We have analyzed facts of your recusal inquiry and sent a recusal request to the ADAG. I will keep you updated on the status of the request.

Please feel free to call me if you have any questions.

Thanks,

Hello Benjamin,

I just wanted to update you on the recusal matter involving the matter with Mr. Epstein. The MDFL has agreed to take the case. I will send out the formal notice shortly.

Thank you,

MEMORANDUM FOR:

Wifredo A. Ferrer

United States Attorney

Southern District of Florida

First Assistant United States Attorney

Southern District of Florida

Robert E. O'Neill

United States Attorney

Middle District of Florida

First Assistance United States Attorney

Middle District of Florida

THROUGH:

General Counsel

Executive Office for United States Attorneys

FROM:

Assistant General Counsel

Executive Office for United States Attorneys

RE: Office-Wide Recusal of Southern District of Florida from the Investigation

and Potential Prosecution of Mr. Jeffery Epstein (GCO File No. REC-I1-4159)

THIS IS FORMAL NOTICE that DavidM, Associate Deputy Attorney General (ADAG), approved the office-wide recusal of the United States Attorney's Office for the Southern District ofFlorida (SDFL) from all matters, to include the investigation and potential prosecution, relating to Jeffrey Epstein's alleged sexual activities with minor females. The ADAG authorized this recusal in accordance with United States Attorney's Manual (USAM) 3-2,170 and United States Attorney's Procedures (USAP) 3-2.170.001 based upon existing conflicts of interest or the appearance of conflicts of interest pertaining to the matter.

ADAG has assigned this matter to the United States Attorney's Office for the Middle District of Florida and, pursuant to 28 U.S.C. § 515(a), has directed and authorized United States Attorney Robert E. O'Neill to conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrate judges, which the United States Attorney for the Southern District of Florida is authorized by law to conduct regarding this matter. See USAP 3-2.170.001(6)(C)(2)(b).

Each office should communicate directly with each other concerning the investigations related to this matter in accordance with the procedures outlined in USAP - . 70.001(6)(C)(2Xb)(3). The point of contact for the Middle District of Florida is Criminal Chief who can be contacted at (81 274-6000. The oint of contact for the Southern District of Florida is First Assistant United States Attorney who can be reached at (305) 961-9029.

All Assistant United States Attorneys subsequently assigned to this matter must be appointed as Special Attorneys in order to appear on behalf of the government in the Southern District of Florida. See USAM. 3- 2.300 and USAP 3-2.170.001(6)(C)(21(b). Please contact Nicole West, EOUSA Personnel Staff, Policy and Special Programs Division, at (202) 252-5625 to obtain the appointments.

In accordance with USAP 3-2,170.001(6)(C)(2)(b)(3), any Special Attorney assigned the matter or case should sign any pleadings or documents using the signature block of the Middle District of Florida, with the addition of the Attorney General's name preceding that of the United States Attorney.

If you have any questions relating to this recusal matter, please contact Assistant General Counsel General Counsel's Office, EOUSA, at (202) 252-1576. Thank you.

Thank you,

Assistant General Counsel

General Counsel's Office

Executive Office for United States Attorneys

501 Third Street NW, Room 5500

Washington, D.C. 20530

Phone: 202.252.1576 - New Phone Number

Fax: 202.252.1650 - New Fax Number

Email: @usdoj.gov

Thanks Richard. I appreciate it.

Ben

Hi

I hope the storms and Irene haven't affected you too badly. I wanted to make sure I am correct that this recusal from any new criminal investigation into Epstein does not affect SDFL's handling of the CVRA civil case pending before Judge Marra. I believe that Lee had discussed the potential for recusal in the CVRA [ ] matter with GC a while back and I am fairly certain that I discussed this with Jay earlier this year at the NAC. In both instances, the resolution was that our Office could and should handle the CVRA matter. I wanted to make sure that is still the case. Thanks Richard.

Hello Benjamin,

Yes, that is correct. The investigations concerning Epstein, personally, arc the matters your office is recused.

The CVRA matters, while stemming from matters involving Epstein, arc matters brought be other individuals and those matters may remain with your office.

Please let me know if you would like to further discuss or if you have any questions,

Thank you,

Assistant General Counsel

General Counsel's Office

Executive Office for United States Attorneys

501 Third Street NW, Room 5500

Washington, D.C. 20530

Phone: 202.252.1576 - New Phone Number

Fax: 202.252.1650 - New En Number

Email: @usdoj.gov

Hello Benjamin,

Yes, that is correct. The investigations concerning Epstein. personally, are the matters your office is recused.

The CVRA matters, while stemming from matters involving Epstein, are matters brought be other individuals and those matters may remain with your office.

Please let me know if you would like to further discuss or if you have any questions.

Thank you,

Assistant General Counsel

General Counsel's Office

Executive Office for United States Attorneys

501 Third Street NW, Room 5500

Washington, D.C. 20530

Phone: 202.252.1576 - New Phone Number

Fax: 202.252.1650 - New Fax Number

Email: richard.sudder@usdoj.gov

Great. Thanks Richard.