Epstein Secrets

safe harbor of the 5'" Amendment2 ate Ohio v. Reiner, 532 U.S. 17 (1991). 2 See PeLisi v. Bankers Ins. Company 436 So.2d 1099 (Fla. 4d. DCA 1983); Malloy v. Hogan. 84 S.Ct. 1489, 1495 (1964Xthe Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fou

uthern District of Florida . However, the NPA does not provide Epstein with any protection from criminal investigation or prosecution other than in the Southern District of Florida. As the court has acknowledged in its orders (e.g., DE 462), complaints in these related matters allege that Epstein both resided in and

00222079 Case 9:08-cv-80119-KAM Document 63 Entered on FLSD Docket 03/25/2009 Page 6 of 37 Jane Doe No. 2 v. Epstein Page 6 circumstances."). Malloy v. Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fo

all pertain to the negotiation and eventual entering into of a Non-Prosecution Agreement (NPA) with the United States Attorney's Office (USAO) for the Southern District of Florida. See part I above herein. Again, the constitutional issues raised in Defendant's response permeate these discovery requests. The full te

. One of the Fifth Amendment's "basic functions ... is to protect innocent men ... 'who otherwise might be ensnared by ambiguous circumstances."); Malloy v. Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process 7 EFTA00234827

as long as the USAO determines EPSTEIN has complied with those terms and conditions. The threat of criminal prosecution against EPSTEIN by USAO in the Southern District of Florida continues presently and through late 2010. 6. Pursuant to the terms of the NPA, the USAO possesses the right to declare that the agree

Defendant asserts his Fifth Amendment privilege against self-Incrimination. See DeLisi I Bankers Ins. Company, 436 So.2d 1099 (Fla. 41b DCA 1983)• Malloy I Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth Amendment's Self-Incrimination Clause applies to the states through the Due Process Clause of the Fo

ion into allegations arising out of the same incidents alleged in the instant actions (Grand Jury No. 07-103 (WPB)2 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-