EFTA01120045Set 9
2010-11-046p1,382w
privilege. For these reasons alone, the objections must be overruled.
3
EFTA01120047
b. The Crime-Fraud Exception
Epstein's objections should be overruled for a more fundamental reason: the attorney ... Biscayne
Developers, Inc., 873 So. 2d 339, 342 (Fla. 3d DCA 2003). The crime-fraud exception can serve
as a basis for requiring answers to interrogatories. Leithauser v. Harrison ... crimes of extortion, obstruction of justice,
and witness tampering.'
The party invoking the crime-fraud exception has the initial burden of presenting prima
facie evidence that the exception applies
https://www.justice.gov/epstein/files/DataSet%209/EFTA01120045.pdf
EFTA00808869Set 9
2018-04-0927p8,919w
Fanner Jaffe and Edwards may have also waived the work-product protections
by the crime-fraud exceptions. On March 23, 2018, the United States Court of Appeals for the
Eleventh ... 11th Cir.). (Exhibit 26.) In that case, the Eleventh Circuit
held that the crime-fraud exception may apply to overcome a law firm's claim of work-product
protection ... sought
discovery about witness payments. (Op. at 7.) Drummond sought to use the crime-fraud exception
to overcome Conrad, Scherer's claim of attorney-client and work product protection over
https://www.justice.gov/epstein/files/DataSet%209/EFTA00808869.pdf
EFTA00802968Set 9
2011-08-245p1,431w
mail Menchel to Villafana and Lourie, Any work-product No Factual Underpinnings; Crime-Fraud-
P-013906 May 14, 2007, 10:52 a.m., RE: Misconduct; Claims Against Public
Operation Leap Year ... mail, Paul Cassell to May 3, Atty work product; law No Factual Underpinnings; Crime-Fraud-
P-013947 2011,12:23 p.m., RE: OPR Inquiry — enforcement Misconduct; Factual Materials ... mail, to Howard and Robin Atty work-product No Factual Underpinnings; Crime-Fraud-
P-013948 C. Ashton, May 3, 2011, 12:30 p.m., FW: Misconduct; Factual Materials; Claims Against
Thru
https://www.justice.gov/epstein/files/DataSet%209/EFTA00802968.pdf
EFTA00078263Set 9
2019-08-1619p9,057w
waive attorney-client and work product protections
for the communications and documents under the crime-fraud exception.
"The government easily satisfies its burden of showing that documents reflecting relevant information ... were
made in furtherance of a fraud or crime and, accordingly, the crime-fraud exception applies," it said.
Von der Goltz already had disclosed the information anyway, in depositions ... firms to hide assets
of the entities. That has been sufficient to exert the crime-fraud exception to privilege in prior cases, it argued.
Von der Goltz also voluntarily waived
https://www.justice.gov/epstein/files/DataSet%209/EFTA00078263.pdf
EFTA00032862Set 8
2011-02-0910p6,239w
defendants claimed
N. Capitol St., N.E., Washington, D.C. attorney-client privilege, determine whether the
crime-fraud exception might be applicable, and, if
While the affidavits to the search warrants ... privilege or the
execution memorandum stated that the federal agents application of the crime-fraud exception! On October
were not to seize documents on the letterhead of the 29th, before ... materials to
the bastions of an ordered liberty." Edna Selan Epstein, determine whether the crime-fraud exception applied.
The Attorney—Client Privilege and the Work— *840 Moreover, at least
https://www.justice.gov/epstein/files/DataSet%208/EFTA00032862.pdf
EFTA00794277Set 9
2018-03-0221p6,249w
have applied to them must be deemed to have been waived.
F. The Crime-Fraud Exception Applies to Some E-mails
12Excerpts of Edwards' November 10, 2017, deposition transcript ... Eleventh Circuit affirmed the part of the district court's order determining
that the crime-fraud exception may be applied because an attorney's illegal or fraudulent conduct
may, alone ... March 23, 2018), at 23-24. (Exhibit 13.)
As further support for this crime-fraud argument and Rothstein's and Edwards' working
together as alleged in Epstein's Complaint, Epstein
https://www.justice.gov/epstein/files/DataSet%209/EFTA00794277.pdf
EFTA01657752Set 10
2015-07-0651p13,321w
also In re Doe, 662 F.2d 1073, 1080 (4th Cir. 1981) (even under
crime-fraud exception to work product doctrine, party "must show a greater need for the opinion
work ... CVRA. (DE 265 at 6). The Eleventh Circuit has recognized that
"[t]he crime-fraud exception presents one of the rare and extraordinary circumstances in which
15
EFTA01657766
Case ... evidence that the Government in fact
committed "misconduct" in this case. To invoke the crime-fraud exception, the party seeking
disclosure must (1) make a prima facie showing that
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01657752.pdf
EFTA00210140Set 9
2015-07-0651p13,318w
also In re Doe, 662 F.2d 1073, 1080 (4th Cir. 1981) (even under
crime-fraud exception to work product doctrine, party "must show a greater need for the opinion
work ... CVRA. (DE 265 at 6). The Eleventh Circuit has recognized that
"[t]he crime-fraud exception presents one of the rare and extraordinary circumstances in which
15
EFTA00210154
Case ... evidence that the Government in fact
committed "misconduct" in this case. To invoke the crime-fraud exception, the party seeking
disclosure must (1) make a prima facie showing that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00210140.pdf
EFTA02335898Set 11
2015-07-0651p13,383w
also In re Doe, 662 F.2d 1073, 1080 (4th Cir. 1981) (even under
crime-fraud exception to work product doctrine, party "must show a greater need for the opinion
work ... CVRA. (DE 265 at 6). The Eleventh Circuit has recognized that
"[t]he crime-fraud exception presents one of the rare and extraordinary circumstances in which
15
EFTA ... evidence that the Government in fact
committed "misconduct" in this case. To invoke the crime-fraud exception, the party seeking
disclosure must (1) make a prima facie showing that
https://www.justice.gov/epstein/files/DataSet%2011/EFTA02335898.pdf
EFTA01206431Set 9
2015-07-0651p13,321w
also In re Doe, 662 F.2d 1073, 1080 (4th Cir. 1981) (even under
crime-fraud exception to work product doctrine, party "must show a greater need for the opinion
work ... CVRA. (DE 265 at 6). The Eleventh Circuit has recognized that
"[t]he crime-fraud exception presents one of the rare and extraordinary circumstances in which
15
EFTA01206445
Case ... evidence that the Government in fact
committed "misconduct" in this case. To invoke the crime-fraud exception, the party seeking
disclosure must (1) make a prima facie showing that
https://www.justice.gov/epstein/files/DataSet%209/EFTA01206431.pdf
EFTA01200390Set 9
2015-07-0651p13,320w
also In re Doe, 662 F.2d 1073, 1080 (4th Cir. 1981) (even under
crime-fraud exception to work product doctrine, party "must show a greater need for the opinion
work ... CVRA. (DE 265 at 6). The Eleventh Circuit has recognized that
"[t]he crime-fraud exception presents one of the rare and extraordinary circumstances in which
15
EFTA01200404
Case ... evidence that the Government in fact
committed "misconduct" in this case. To invoke the crime-fraud exception, the party seeking
disclosure must (1) make a prima facie showing that
https://www.justice.gov/epstein/files/DataSet%209/EFTA01200390.pdf
EFTA01081295Set 9
2013-09-0313p3,614w
private trustee. Therefore, the fiduciary exception
does not apply.
Also inapplicable is the crime-fraud exception to the attorney-client privilege, invoked by
petitioners. D.E. 225 at 2. The courts ... apply a two-part test to determine if the crime-fraud
exception applies to a communication between a lawyer and his client. In re Grand Jury
Investigation (Schroeder), 842 F.2d
https://www.justice.gov/epstein/files/DataSet%209/EFTA01081295.pdf