EFTA02729255

Entered on FLSD Docket 01/07/2009 Page 1 of 41 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Plaintiff, FILED UNDER SEAL' $eated vs. JEFFREY EPSTEIN and Defendants. DEFENDANTS JEFFREY EPSTEIN AND MOTION FOR STAY I 1 1 1 1 • This motion is filed seal because the deferred- rosecution agreement between the United I States Attorney's Office (by Assistant U.S. Attorney discussed herein, contains a confidentiality clause. Esq.) and Mr. Epstein, I I 09/1212019 Agency to Ag t: 19-411 Pai CONFIDENTIAL SDNY_GM_00331538 EFTA 00204264 EFTA02729255 Entered on FLSD Docket 01/07/2009 Page 2 of 41 Defendants Jeffrey Epstein and respectfully move for a mandatory stay of this action under Title 18, United States Code, Section 3509(k), Section 1595(bX1), 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 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., }1¶ 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 1 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).' 1 I 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 I subsection, a criminal action is pending until its final adjudication in the trial WW1. I I8 U.S.C. § 3509(k). I I 09/12/2019 Agency to Agency Requet: 19-411 IDENTIAL CONFPa SDNY_GM_00331539 EFTA 00204265 EFTA02729256 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. I The PendinE 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 v. 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 grandjury investigation into allegations arising out of the same incidents alleged in the instant action (Grand 1 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 I USAO agreed to defer (not dismiss or close) the Federal Criminal Action on the I condition that Mr. Epstein continue to comply with numerous obligations, the first of I 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") I to describe the status of the Federal Criminal Action: I THEREFORE, on the authority o United States Attorney for the Southern District of Florida prosecution in this I District, for these offenses shall be deferred in favor of prosecution by 2 I 09/1212019 I Agency to Agency Requet: 19-411 P CONFIDENTIAL SDNY_GM_00331540 EFTA 00204266 EFTA02729257 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: (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 USA() 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 I 1 09/1212019 IDENTIAL CONFPa Agency to Agency Requet: 19-411 SDNY_GM_00331541 EFTA 00204267 EFTA02729258 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 only 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 daysfollowing the completion ofhis state sentence: I If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein I willfully violated any of the conditions of this Agreement, then the A I I 09/12/2019 Agency to Agency Requet: 19-411 CONFIa153ENTIAL SDNY_GM_00331542 EFTA_00204268 EFTA02729259 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 I 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 I your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned [AUSA]." See Decl. of AUSAIM 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 J recipients that it cannot "take part in or otherwise assist in civil litigation," id. at 2), 1 is that the USAO believes that such denial might breach the Agreement. c I I 09/12/2019 Agency to Agency Requet: 19-411 CONFIDE P NTIAL SDNY_GM_00331543 EFTA 00204269 EFTA02729260 Entered on FLSD Docket 01/07/2009 Page 7 of 41 Accordingly, the Federal Criminal Action remains "pending." piseussion 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., Lopez v. Davis, 531 U.S. 230, 241 (2001) (noting Congress' "use of a mandatory 'shall' to impose discretionless obligations") (emphasis added); Lexecon Inc. v. 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. Miller v. French, 530 U.S. 327, 350 (2000) (construing the litigation-stay provision of the Prison 11 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 "requirlingl a stay in a case . . . where . . a parallel I criminal action [is] pending." Doe v. Francis, No. 5:03 CV 260, 2005 WL 950623, I 09/1212019 Agency to Agency Requet: 19-411 I P CONFIDENTIAL SDNY_GM_00331544 EFTA_00204270 EFTA02729261 Entered on FLSD Docket 01/0712009 Page 8 of 41 at *2 (N.D. Fla. Apr. 20, 2005) (Francis II) (emphasis added). Accord Doe v. Francis, No. 5:03 CV 260, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (Francis 1) (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 II 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 1 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 1 counteract the victims' "ongoing and increasing mental harm due to the 'frustrating delay in both the criminal case and [the civil) case.'" Id. 1 1 7 1 09/1212019 Agency to Agency Requet: 19-411 I CONFIDE P NTIAL SDNY_GM_00331545 EFTA 0020427I EFTA02729262 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, § 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 1 occurrence in which the claimant is the victim."2 In enacting § 1595, Congress 1 'The full text of that statute provides: .1 § 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. I (b) (I) 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 I claimant is the victim. (2) In this subsection, a "criminal action" includes I investigation and prosecution and is pending until final adjudication in the trial court. 18 L'.S.C. § 1595. I 8 I I 09/12/2019 Agency to Agency Requet: 19-011 CONFIalgSgNTIAL SDNY_GM_00331546 EFTA 00204272 EFTA02729263 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(bX2). The only reported decision addressing this provision interpreted it according to its plain language. See Ara v. Khan, No. CV 07-1251, 2007 WL 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); I • 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 I • "prosecution in this District . . . shall be deferred" (id.) (but not dosed or dismissed) - - I then the only reasonable conclusion is that the Federal Criminal Action remains I "pending." 9 I I 09/12/2019 Page3148 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331547 EFTA_00204273 EFTA02729264 Entered on FLSD Docket 01/07/2009 Page 11 of 41 The ordinary meaning of the adjective "pending" is "Nemaining undecided; awaiting decision . . . ." Black's Law Dictionary 1154 (8th ed. 2004).3 See also White v. 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 v. 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 I Agreement and the USAO's recent sworn construction of it, is consonant with the Federal Criminal Action's "remaining undecided" and "awaiting decision." See I Unified Gov't of Athens-Clarke County v. Athens Newspapers, LLC, No. I S07G1133, _S.E.2d 2008 WL 2579238, *3 (Ga. June 30, 2008) (reviewing a I public-records request against Georgia's "pending investigation" exception to its open-records law, and holding that "a seemingly inactive investigation which has I not yet resulted in a prosecution logically "remains undecided," and is therefore I "pending," until it "is concluded and the file closed") (emphasis added). I I ' The United States Court of Appeals for the Eleventh Circuit routinely relies on Black's Law I Dictionary for the definition of statutory terms, including in criminal cases. See e.g., United States v. Young, 528 F.3d 1294, 1297 n.3 (11th Cir. 2008) (definitions of criminal "complaint" and "indictment"); United States v. Brown, 526 F.3d 691, 705 (I 1th Cir. 2008) (definition of I "knowingly" in criminal statute). 10 I I 09/1212019 IDENTIAL CONF T Agency to Agency Requet: 19-411 SDNY_GM_00331548 EFTA 00204274 EFTA02729265 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(bX1). 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(bX1). 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 1 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 1 both statutes are identical. There would simply be no legitimate basis for Congress 1 to differentiate between the consequences attached to violating these two sections. Thus, just as Congress mandated under § 1595(bX1) that civil discovery shall be stayed when there is an ongoing federal investigation under § 1591 (even after the 1 victim turns 18), the identical treatment should apply under § 3509(k) to civil I actions brought for the identical violation of § 2423(a). 11 I 09/12/2019 Agency to Agency Requet: 19-011 CONFIPTTENTIAL SDNY_GM_00331549 EFTA_00204275 EFTA02729266 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. 11 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. 1 L. 109-248, 120 Stat. 650, § 707 (b)(l)(A) (amending § 2255 to permit suit by adults who were victims of enumerated federal offenses when they were minors, 1 by deleting "Any minor who is [a victim]" and adding "Any person, who, while a 12 1 09/12/2019 CONFIPTIENTIAL Agency to Agency Requet: 19-411 SDNY_GM_00331550 EFTA_00204276 EFTA02729267 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. 1 IV. A Stay is Mandatory Despite Resulting "Delay" to Civil Lawsuits. 1 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 .1 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 I this determination despite the plaintiffs' complaints about the "frustrating delay" I and that "the state criminal case `has languished for almost two years with no end 14 I I 09/1212019 age3152 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331551 EFTA_00204277 EFTA02729268 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. f¶ 2,6, and so cannot rightfully claim prejudice from additional temporary delay. V. 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 v. Heahhsouth Corp., 261 F. Supp. 2d 1298, 1326 (N.D. Ala. 2003) ("No question exists that this court has the power to stay a civil 1 proceeding due to an active, parallel criminal investigation."). Other federal statutes support such a stay -- particularly when the criminal action may be 1 adversely affected by the civil litigation. For example, under 18 U.S.C. .1 § 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 1 criminal case." Allowing this lawsuit to progress while Epstein remains subject to I the Federal Criminal Action will prejudice him irrevocably and irreparably. As IS I I 09112/2019 age3153 Agency to Agency Riguet: 19-411 CONFIDENTIAL SDNY_GM_00331552 EFTA_00204278 EFTA02729269 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-inerimination.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. Wehling v. 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 1 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? I ' The privilege applies in "instances where the witness has reasonable cause to apprehend I danger" of criminal liability. Hoffman v. 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 Harv. 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"). I 16 I I 09/1212019 CONFPITTENTIAL Agency to Agency Requet: 19-411 SDNY_GM_00331553 EFTA 00204279 EFTA02729270 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(aXIXAXi)), copies of "all documents" he "may use to support [his] defenses" (Rule 26(aX1XAXii)), 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(aX2XA) and (BX0). 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. I P. 16(b)(1)(A), (C), and 16(bX2); United States v. Argomaniz, 925 F.2d 1349, 1355-56 (11th Cir. 1991) (explaining act-of-production privilege). l Thus, absent a stay of this civil action, the USAO would receive I fundamentally unfair access to defense information and highly prejudicial advance I insight into criminal defense strategy. See Comment, 98 Harv. L. Rev. at 1030 ("To the extent that a prosecutor acquires evidence that was elicited from the I accused in a parallel civil proceeding, the criminal process becomes less I adversarial."). I 17 I I 09/12/2079 CONFIDENTIAL Agency to Agency Requet: 19-011 SDNY_GM_00331554 EFTA 00204280 EFTA02729271 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 v. 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 v. Hines, 729 F. Supp. 526, 527 (E.D. I 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., Inc. v. 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 I 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 I Calif. v. Petrol Stops Nw., 441 U.S. 211 (1979)). I In response to such third-party subpoenas to law-enforcement witnesses, we I anticipate that it will be the government, not Mr. Epstein, who will object to 18 I 09/12/2019 Agency to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_00331555 EFTA_00204281 EFTA02729272 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. Conclusiop Because this lawsuit arises from the same allegations as the Federal Criminal rt Action, this Court should stay this lawsuit until that action is no longer pending. Respectfully submitted, I 1 I I I 0911212019 CONFIDENTIAL Agency to Agency Requet: 19-411 SDNY_GM_00331556 EFTA_00204282 EFTA02729273 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 20 of 41 EXHIBIT A I I I 1 I 1 I I 09112/2019 Page3159 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331557 EFTA_00204283 EFTA02729274 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IN RE: Petitioner. PECLARATION OF IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCV_PETITION FOR ENFORCEMENT OF CRIME VICTIMAIGHTS ACT. 18 U.S.C. 6 3771 do hereby declare that I am a member in good standing 1 of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boat! Hall) 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 1 admitted to practice in all courts of the states ofMinnesota 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 I 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 I employed during all of the events described herein. I I 09112/2019 Agency to Agency Requet: 19-411 I P CONFIDENTIAL SDNY_GM_00331558 EFTA 00204284 EFTA02729275 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 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' Your Affiant's letter to.was provided by the FBI. (Ex. 1). Your Affiant's letter t. was hand-delivered by myself toe at the time that she was interviewed (Ex. 2).2 BotIrManin 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 I I 'Attorney= filed his Motion on behalf of without identi in which of his clients is the purported victim. Accordingly, I will address facts related to All 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= and. are not the I 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. I I I 09/12/2079 P CONFIDENTIAL Agency to Agency Requet: 19-411 SDNY_GM_00331559 EFTA_00204285 EFTA02729276 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 Affiant had contact witaland • Attorney_other client, ■was represented by counsel and, accordingly, all contact with■ was made through that attorney. That attorney was 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 ofprostitution, in violation ofFlorida 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 1 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 1 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. began representing. or whether M eyer formally terminated Mr. Elreprcscntalton. I I 09112/2019 Page Agency to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_00331560 EFTA_00204286 EFTA02729277 had been tried federally and convicted ofan enumerated offense. For purposes ofimplementing 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 plaintiffmust 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,Mwas openly hostile to the prosecution ofEpstein. The FBI attempted to interview.in October 2007, at which time she refined to provide any information regarding Jeffrey Epstein. None of Attorney clients had expressed a desire to be consulted prior to the resolution of the federal investigation. S. 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 wa= 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- 09/1212019 Agency to Agency Requet: 19-411 CONFIDENTIAL PT SDNY_GM_00331561 EFTA_00204287 EFTA02729278 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 A ffiant 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 fteahad been notified of the terms of the agreement, but before Epstein per formed his obligations contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your A ffiant secured pro bono counsel to represen=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, Attomal contacted your Affiant to inform me that he represented= andlEand asked to meet to provide me with information regarding Epstein. I invited Attorney to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney 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 had alluded toM, so I advised him that, to my I knowledge, .vas still represented by Attorney I I I I 09112/2019 IDENTIAL CONFPa Agency to Agency Requet: 19-411 SDNY_GM_00331562 EFTA_00204288 EFTA02729279 II. On Friday, June 27, 2008, at approximate 4:15 p.m., your Milani 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 to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney notified me that he represented= and I assumed that he would pass on the notice to her, as well. Attorney informed your Affiant that he could not attend but that someone would be present at the hearing. Your 1 Affiant attended the hearing, but none of Attorney clients was present. 12. On today's date, your Affiant provided the attached victim notifications to 1 and =via their attorney, Bradley (Exs. 6 & 7). A notification was not I provided to becausc the U.S. Attorney's modification limited Epstcin's liability to victims whom the United States was prepared to name in an indictment. In light ofM I 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 Cortification ofEmergency, Aftornea I 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 Milani had I I I 09/12/2079 Agency to Agency Requet: 19-411 I CONFPIDENTIAL SDNY_GM_00331563 EFTA 00204289 EFTA02729280 already received the Certification of Emergency and Emergency Petition, 1 received a letter from Attorney 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 § 1746 that the foregoing is true and correct to the best of my knowledge and belief Executed this day of July, 2008. I 1 I I I -7- I I 1 09/12/2019 IDENTIAL CONFPT Agency to Agency Requet: 19-411 SDNY_GM_00331564 EFTA 00204290 EFTA02729281 U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Amid:wan Ave Suite 400 Weir Paint Dents. FL 17401 I O6O8788711 Foesmille• MO 870 8777 June 7. 2007 DELIVEWAN]) Re: Crime Victims' andlittnesses' Rights Dear 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 1 (4) portions of a proceeding. 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. It Members of tae 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 1 n is are roweled. If you av an concerns in this regard, please feel free to contact me at or Special Agent frotrythe Federal Bureau of Investigation at 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.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the tights set forth above are being violated, you have the right to petition the Court for I relief. I I 09/12/2019 Agency to Agency Requet: 19-011 CONFPITTENTIAL SDNY_GM_00331565 EFTA_00204291 EFTA02729282 ME 1.1W / eGe 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 in 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 vuOleflelbe law,' However, if you are contacted, you have the choice of speaking to that person or refusing to•do 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 investigation1If anyone is charged in connection with the investigation, you will be notified. Sincerely. United States Attorney Assistant United States Attorney cc: Special Agent F.B.I. 1 1 ff t: I J I I I 09/1212019 Agency to Agency Requet: 19-411 CONFPIDENTIAL SDNY_GM_00331566 EFTA 00204292 EFTA02729283 ••••• U.S. Department of Justice United States Attorney - Southern District of Florida 300 South thutroltan Are.. Smote 400 West Pohn Batch. ft )3401 O0O 620.8)11 Focolnult • (361)8:0-8777 August II, 2006 DEUVERY_BY HAND Re: Crime Victims! and Witnesses' Ruails Dea 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 coup proceeding, unless the court deterrn‘nes 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 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. fr 1 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 these ri hts are i :elected. If you have an concerns in this regard, please feel free to contact me at. 1 s or Special Agent from the Federal Bureau of Investigation at You also can contact the Justice Department's Office r.OI 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 set forth above are being violated, you have the right to petition the Court for 1 relief 1 I I 09/1272019 Agency to Agency Requet: 19-411 CONFPIDENTIAL SDNY_GMS/0331567 EFTA_00204293 EFTA02729284 AtiGUST 11,2006 PAGE 2 In addition to these rights, you are entitled to counselingand medical services, and r., ..I.. from intimidation and harassment. If the Court determines that you are a victim, you restitution horn the perpetrator. A list of counseling and medical service pro. entitled to ino.i • be provided to you, if you so desire. If u or ur family is subjected to any harassment, please cor.tact Special Agent or myself immediately. It is .• someone working on behalf of the targets of the investigation may contact you. Such or.' III eh . not violate the law. However, if you are contacted, you have the choice of speaking or refusing to do so. If refuse and feel that you are being threatened or harassed, 'lir Contact Special Agent myself. or You also are entitled to notification of upcomingcaseevents. At this time, you,.. I no' investigation. If anyone is charged in connection with the investigation, you will be Sincerely, United States Attorney By. Assistant United States Attorney cc Special Agentl F.B.I 09/12/2019 Agency to Agency Requet: 19-411 CONFPIDENTIAL SONY_GM_00331568 EFTA_00204294 EFTA02729285 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07)2009 Page 32 of 41 Case 9.08: cy-80736-KAM Document 14 Entered on FLSD Docket O1t151200&. Page°laof 21 U.S. Department of Justice Federal Bureau of hvestg talon FBI Wool Rem Beach Suits 500 505 South Fiedler Drive West Pee Siech. FL 33401 Phone: 1561) 833.7517 Fax (561) 835.T9TO January 10, 2008 Mgr Re: Case Numbet:e Dee fit was Ls currently under termed eon. This can be a rengthy process end we request your continued patience while we conduct a btorcugh ITIVOStigation, Al • OiM•He OM, you have the fecreing rights under 18 United States Code § 3171: (1) The right to a nasocably protected from the mouse: (7) The right to reasonable, mounts, and timely notice of any Dube° court pending. a any parole proceeding, Involving the crime or al any Meese a manor the accused; p) The right not to be excluded from any such public court proceeding, Wass the court alter neehing dear and convincing Pants. determines that testamony by the Ham would be materially eared PI the victim heard other testimony et that proceeding; (4) The right to be reasonabry heard al any public emceeing h Vie district Mei InvOhing relent plea. SeMecing, or any parole wentatry: (5) The reasonable right to confer wti the allomeyfcathe Gcmimment In the ase; (e) The right to NM and timely restitubon as provided kin ler, (7) The right to proceedings free from threesome:4 daisy; (8) The right to be treated we tames, and with respect for the MOW, Ol'ihnY and privacy, We will make ow best efforts to ensure you are accorded me Ono dosentour Moot at these rights Done) to events occunIng utter the arrest or anclmant of in Incendual for the crime, and It MI became the resisenthfliY a the stosecutine united stabs Attornele 0%, to ensure you are accorded those rights. You may also seek me KING* oral/Mots earna wti roan io mese right The Vide Nosecetton SyaUm NNS) to desired to provide you wen dad thiamine taarang the age as tt proceeds DIM* the CfleNtial•r• peen. You may oben anent Irennation about Pits meow on the hamel at viVNI.Notlty.USD0J.Ci0V a tom the VN6 CYI Cents( it 1466.00J-4YOU (1-866-36S 4968) (TDD/Trty: 1406.2284819) (ntemstionat 1.502413-2767). In addition, you may use the Cal Canter a Went to WO(' your want Warman arida asps your Peen about articipelon h the notifetten program. If you update your Information to Mcbdp • inert email Prat iiNS ma sand informate to that Peen You WI need the tolloattng *Cm idarelallon Number (VIN)104173? and ' Pretend kierteneeson Number (P14)'5502' anytime you contact to Cie Center and la first Woe you log on to '/NS on the Internet In beetle, the first time you eon the VHS Intent alta, you en'l be pampa/0a Amer your lad name (or bullpen owl.) as wanly contained in MS. The name you should enter le air I I I 09/12/2019 Page3170 Agency to Agency Requet 19-411 CONFIDENTIAL SDNY_GM_00331569 EFTA_00204295 EFTA02729286 el you have 'drone, questions which Involve the matter. please contact ex office listed 'byre. When you CS. Onus provide the Ns minbef located et the top of Uhl letter. Pleeea reloonlber. YoUflulrbelOadon in the noeticslion part of this postern Is voluntary. In order to condign to racers moral/ohs. It la your responsibility to tarp your COCILIKI inforrnelon tumult Sincerely, Victim Spiro-last I I I 09/12/2019 Agency to Agency Requet 19-411 CONFIDENTIAL Pa SDNY_GM_00331570 EFTA_00204296 EFTA02729287 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 34 of 41 Case 9.08,cv-80736-KAM Document 14 Entered on FLSD Dockel 07,tl5QS0€' Page dtktkof 21 %sr Depertmem or Justice Referee Bureau of Invest:gat:on FBI - West Palm Beech Sudo 500 505 &Oh Fiedler Ora West Palm Bach FL 33401 Istiorw (561)633-7517 Fax: (501) 533-7970 January 10. 2008 Re. Dear You hen requested to moan nodficatere toe The Me is cutter* under nvestigadon. This can be a lengthy process and we request your coitnued patience Mlle we Gonda1 a thorough Ineearetedoe. As s crime Hoehn, you hen the following rights under 18 Urgted States Cade 5 3771: (I) The right to be raaareably pneected from the accused: (3) The right to flealhable swu le. end dmaly nada Of any pubic court prometing: or any patois proceeding, IrivoWng the crime or of any man or nape of the wound; (3) Tie rigid not lo be excluded from any much print court proceeding. unless the court 'fur receivirg clew and convincing evidence, CelerrnInes that tatmony by the vi em would be materially shored if the *ern heard other *simony St that proceeding; (4) The right to be ramie* Monist any public WOOttesdres in de district court Involving ranee. pea sarandng, or any parole proceeding: (5) The remonable right to color wth the 'homey for the Government in th• case; (8) The right to hall and OrmaiY restitution in provided a law; (7) The right to proceedings free from trnressonalla delay: (I) The NM a be treated with learns and wt h respect for the vctlm's digsk? and whitey. We MI Mks our bet efforts to ensure you are accorded the rights described. Noel of these %Ma Pertain lo events occurring ifter the arrest a Indic' era of an individual for the crime, and It MN become the I reaponeltity or the proaecuthg Vnlied States Attorney's Office to ensure you an accorded those rights. You may oleo seek the advice of • Privets adorn eY ah reflect to these rights The Yarn NottlealOn System NUS) is designer( tO provide you all direct Irdormadon regarding the case n It proceeds through the criminal ).laic* system. You may obtain current vWofwadon about this ma new on Pte Internet st VN/W.N011fy.U800.i.GOV or from the VN5 Ca Center at 1-566-00J-4YOU (1466-355- .1 4966) (TOO/ITV: 1-861-22.-4619) (international: 1.502.213-2767). In addition, you may writhe Col Center or intermit update you act info:m.50n andlor change your decalon about participation ih the noUficaton program. If you uraide your Information to Include • current small address. VNS W41 sena information to that address. You *0 need the !awing Victim Identifeation Number (VIN) '1941741' end persorandanancadon Number (PIN) 1760' anytime you comma the Call Cooler and the first drne you hog on io VNS on the Internet. In Oth:SSINt. two fist due you acmes She VHS Intent see. you al be pro noted to enter your :est mime (or business Name) se currently contained in WS. The name you should enter is Eisenberg. 1 1 1 I I 09/12/2019 Agency to Agency Reguet 19-411 CONFIDENTIAL P SDNY_GM_00331571 EFTA_00204297 EFTA02729288 \of you nun *Saone, ipssalkina Mich Involve this matter, please con lad The dice bled above. When you set. plane provide the as number located el tit by letter. Pisan wombs', your parCcesseen in the isOtecatIon part of Ns program le volwitary. In order to =thus to receive notations, a is your reeponskitty b lump your canted Intomiston current. Sincerely. VictIrn Specialist 1 1 I I 09/12/2019 Agency to Agency Requet: 19-411 CONFIDENTIAL T SDNY_GM_00331572 EFTA_00204298 EFTA02729289 Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 36 o 41 Case 9:08rcv$07.38-KAM . Document 14 Entered on FLSD Docket 0-711 U.S. DaPertnerst of Justice I 1 Federal Bureau or Investigation FBI • Weal Palm Beach Suite SCO SOS South Fleet Drive West Peet Both, FL 33401 I1 Phone: (661) 833.7517 Fax: (561) 833.7870 MY 30. 2008 . 0 1 R. Deer Yow name was referred be Me Fell Veen ASlielance Prager as being a possible Yttin1 of a federal vent We oPPreciete your earitimele and cooperation wile we ere Investigating the case. We would rke to rooks you awn of the calm services that may be mailable to you and to answer any questions you may Pave regarding the caninel justice prams. throughput the Investigate,. Ow program 4 pan of the Per. elton to raure the vicUrns are BMW with respect end ere provieed infametrOn abOut their rights under fed** law. These rights Wide notification of Me stabs of the case. The enekeed brochures provide information about the FBI's Vctim Assistance Program, resources and inStrallOgre for Keening the VIctbn Notircation System (VNS). VNS le designed to prods you with information regarding the saws of your case. This ease Is currently under Invergaton. TMs can be a lengthy process and we request your continued pedernoe whiit we conduct a thorough eveall9Mion. Asa calms vicdm, you have Me following rights under 18 Weed Slates Code S 3771: (1) The dant to be reasonably protected from the accused; (2) The rigM to Matonabie, accurate. on0 *Indy Mica of any Wake:OW proceeding, or any pan* proceeding, invs•Mng Ma crime or of any release or escape of the 4 accused: (3) The right not IP be evoluded trom any micti public coon proceeding. fl ees the Court, alter receiving dear and coo4ncing evidence. desermmee that testimony by the victim weed be materially altered If the swam heard other testimony at that proceeding; (4) The right to be reasonably Maur et any public proceeding in Me district court Involving release, pies, sentencing. Or any Para* Proceeding: (5) The reasonable right to canter with the &Homey for the Genomment In the case; PO The right is fun fold t eft reedivton as wormed In bw; (7) The right to prearrange tree from vereatonatatt den. (II) The right to be oeaNd with lekness end with respea tar the notim's dignity and Pd•s* We will make an beet nonage reuse you ens accordedthe tights described. Most of tress does Penan to events occurring after the net a Indament of an hdtvidual for the coat end it wW become the responstaty of the prosecuting Untied States AttOrneye Ogee to ensure you are accorded thoe• rights. You may aho Ink the advice of a private attonwy with respect to these Apra. The Victim Nallicabon System (VNS) Is designed to provide you with direct Inforrnetion regarding the rase es ti proceeds through the eliminative:* system. You may obtain current inforrnetern about the matter on the Internet at WPM Notify.USITIOJ GOV or Dom tea VNS Cs0 Center et 14166-00J-4YOU (1.866365. aged) (70cuyiy. 1.86d-228461g) (Internelfornelt 1-502-213-2737). In athtion, you may tree the ten Center of Internet to update saw Corlett Informal:On ender Menge your decision about PentaPebon in the notecalion program. if you update your Infonnabon b Indude a current *mad address, VNS will send 'Aramaean to Mal address. You MI need the following %son identification Number (VW) 207438i• and PereonsildenUflcaten Number (PIN) '1816' anytime you Contact the Call Center and the first time you log or to VNS on the Internet In addition, Ihe finlike you *can the VNS Internet ste. you will be promoted to enter your tall name jot business name) as cunnte contained In VNS. The name you shou`d enter s slope 09/12/2019 Page Agency to Agency Requet 19-411 CONFIDENTIAL SDNY_GM_00331573 EFTA_00204299 EFTA02729290 If you have addItIonetqueedons Mesh Swan this matter. plea/ contact the office leted above. When you calk pin!. provide the Me number located et the lop of Ws letter. Please remember, your pat-bops:ion n tim nouricsoon part of the program Is voSumary. In order to Contrue to Move notlficallons, h h your responsiOnny to keep your contact irdormadon current Sine rely. Victvn Speceilist •' 11 '1 1 1 I I I I TOTR. I 09/12/2019 175 Agency to Agency Requet: 19-411 CONFPIDENTIAL SDNY_GM_00331574 EFTA 00204300 EFTA02729291 US. Department of Juliet United States Attorney Southern District ofFlorida 500 South 46.0rolion Ave Split 400 Wen Pohn Beach FL 3)40! (561) 880-8711 FOCIiMIlit (561)810.8777 July 9, 2008 VIA FACSIMILE '7 '1 Re: Jeffrey Epstein NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. By virtue of this letter, the United States Attorney's Office f istrict of Florida asks that you provide the following notice to your client I 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 ofprostitution) 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 IAXXXMB) and was sentenced to a term of twelve months' imprisonment to be .1 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. 1 One such condition to which Epstein has agreed is the following: 1 "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title I 8, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein 1 I 09/12/2019 Agency to Agency Requet: 19-411 I CONFPIDENTIAL SDNY_GM_00331575 EFTA_00204301 EFTA02729292 NOTIFICATION OF KIIINTIFIED JOLT 9, 2008 PAGE 01'2 had been tried federally and convicted ofan 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 plaintiffmust 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, is an individual whom the United States was prepared to name as a victim of an enumerated offense. • Is: Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Gold , 250 Australian I Avenue South, Suite 1400, West Palm Beach, FL 33401, Please understand that neither the U.S. Attorney's Office no! the Federal Bureau of I Investigation can take part in or otherwise assist in civil litigation; fiowever, 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 ofher assistance during the count of this examination 1 and express the heartfelt r the health and well-being7.1 If and Special Agents an' or I UNITED STATES ATTORNEY I ASSISTANT U.S. ATTORNEY I cc: Jack Goldberger, Esq. I I I 09/12/2019 Page Agency to Agency Requet: 19-411 CONFIDENTIAL SONY_GM_00331576 EFTA 00204302 EFTA02729293 U.S. Department of Justice United States Attorney Southern District ofFlorida 300 Soath Ausstellen An. Swift 400 West Palm &rock FL 53401 (560810.8711 Factstalt (561) 820-8777 r! , July 9, 2008 VIA FACSIMILE 1 Re: Jeffrey Epstein) NOTIFICATION OF 1 IDE_&jEl ari y_t_cuM Dear Mr I By virtue of this letter, the United States Attorney's Office for the_SoutheraDistrict of Florida asks that you provide the following notice to your client 1 On June 30, 2008, Jeffrey Epstein (hereinafter referre d to as "Epstein) entered a plea ofguilty to violations ofFlorida Statutes Sections 796.07 (felony solicitation ofprostitution) I and 796.03 (procurement of minors to engage in prostitution), and for Palm Beach County (Case Nos. 2006- in the 15th Judicial Circuit in 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. 1 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 I I I 09/12/2019 CONFPae IDENTIAL Agency to Agency Requet: 19-411 SDNY_GM_00331577 EFTA 00204303 EFTA02729294 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 i f any a plaintiffmust 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, = 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 Gold aer , 250 Australian Avenue South, Suite 1400, West Palm Beach, Pt 33401 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 ofher assistance during the course of this examination and express the heartfelt re f and Special Agents Kuyrkendall and Richards for the health and well-being o IMMO) SITATPC Amnonmv By: ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. 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