Epstein Secrets

elf-incrimination may be invoked if the answer would furnish a link in the chain of evidence needed to prosecute for a crime") and United States v. Hubbell, 530 U.S. 27, 36, 120 S.Ct. 2037, 2043 (2000). See in camera submissions for detailed argument applying the Fifth Amendment to the target offenses.

e and authenticate a defendant's tax-work papers. Fisher v. United States, 425 U.S. 391, 410 (1976). Jane Does 2-8 also rely extensively on U.S. v. Ghidoni, 732 F.2d 814 (11 th Cir. 1984) wherein the court directed a defendant to execute a consent directive to a foreign bank allowing the bank to releas

's 9 Case 9:08-cv-80119-KAM Document 522 Entered on FLSD Docket 04/09/2010 Page 10 of 15 accountant (Fisher) or a defendant's foreign bank (Ghidoni) where the Defendant in no way authenticates the documents nor attests to control or genuiness or even existence and, therefore, where no Fifth Ame

ents contained incriminatory evidence, whether written by others or voluntarily prepared by [the party asserting the privilege].” United States v. Hubbell, 530 U.S. 27, 36, 120 S.Ct. 2037, 2043 (2000). “The act of producing evidence in response to a subpoena nevertheless has communicative aspects of i

the government subpoena were not a forgone conclusion, and therefore the act of production had a testimonial aspect. 530 U.S. at 45. The facts in Hubbell are distinguishable from those here. “[I]n Hubbell, the incriminatory nature of the production of the documents sought was obvious.” Bear Stearns

Epstein. Finally, Plaintiffs’ document request no. 5 seeks primarily statements for bank accounts and investment accounts. In United States v. Ghidoni, 732 F.2d 814 (11th Cir. 1984), the Eleventh Circuit held that bank account statements were not protected by the Fifth Amendment act-of-production

(4th Cir. 1991) (Fifth Amendment does not protect the contents of voluntarily prepared documents, whether business or personal); United States v. Hubbell , 167 F.3d 552, 567 (D.C. Cir. 1999) (same), aff'd on other grounds , 530 U.S. 27 (2000); In re Grand Jury Proceedings , 759 F.2d 1418, 1419 (9th Ci

itten authorization allowing unidentified third-party banks to produce records within the banks' custody that relate to the target. United States v. Ghidoni , 732 F.2d 814 (11th Cir. 1984). In this case, the subpoenas are addressed to William Riley and to the Custodian of Records of Riley Kiraly. Neithe

TA00179122 1991) (Fifth Amendment does not protect the contents of voluntarily prepared documents, whether business or personal); United States v. Hubbell, 167 F.3d 552, 567 (D.C. Cir. 1999) (same), aff'd on other grounds, 530 U.S. 27 (2000); In re Grand Jury Proceedings, 759 F.2d 1418, 1419 (9th Cir.

tten authorization allowing unidentified third-party banks to produce records within the banks' custody that relate to the target. United States v. Ghidoni, 732 F.2d 814 (11th Cir. 1984). In this case, the subpoenas are addressed to William Riley and to the Custodian of Records of Riley Kiraly. Neither