Epstein Secrets

r the plain- tiffs to amend their pleadings. I. FACTUAL AND PROCEDURAL BACKGROUND In their amended complaint, Jeffrey E. Epstein ("Epsteinn and Financial Trust Company, Inc. ("Fr) (collectively "plain- tiffs") allege that Citibank, N.A. ("Citi- bank") and Citigroup, Inc. ("Citigroup"I [collectively "defendants"] misrepre

itch book" referenced in the amended complaint is the document that plaintiffs rely on is a disputed fact that precludes a Rule 12(bX6) dismissal. Financial Trust Co., 268 F.Supp.2d at 572. Nothing in any of the briefs have convinced me that the parties do not dispute which pitch book Epstein received, what disc

ed to meet Federal Rule of Civil Proce- dure 9(b)'s heightened pleading standard. I did, however, grant the plaintiffs leave to amend the complaint Financial Trust Co.' Citibank, 268 F.Supp.2d 661 (D.Vir- gin Islands 2003). H. LEGAL ANALYSIS A. Federal Rule of Civil Procedure 9(b) (1-31 In order to state a viable

case on December 17, 1997. Defendants' sole remaining defenses are that (1) 0FM orally consented to Epstein's proposed sublet of the premises to Fisher, and (2) 0FM did not properly terminate Epstein's lease be- Ron Soifer, and Carmen Tausik (collectively, the -Subtenants"). The Subtenants were add

dant Jeffrey E. Epstein in 1992. Epstein sublet the building to defendant Ivan S. Fish- er in 1996, purportedly without the Govern- ment's consent. Fisher, in turn, sublet a portion of the building to several subtenants. In 1996, the Government purported to ter- minate Epstein's lease and brought this

NITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (Foley Square - NYC) Citibank, NA v. Epstein, et al PLAINTIFF: Citibank, NA DEFENDANT: Financial Trust Company, Inc; Epstein, Jeffrey E DOCKET CASE NUMBER: 1:02cv5332 FILING DATE: 7/11/2002 JURISDICTION: Diversity JUDGE: Stein, Sidney H NATURE OF SUIT: 190 Ot

gel, Martin & Heilbrun; McDermott, Suzanne; Martin, Christopher H; John Does 1 Through 10; Heilbrun, Robert; Gerzog, Lawrence D; Fisher, Ivan; Fisher, Diane DBA the Fisher Group; Fisher & Soffer AKA Fisher & Sophir; Epstein, Jeffrey E; Ellyn Bank; Cohen, Debra Elisa COUNTER-CLAIMANT: Fisher, I

se Siegel; Siegel, Martin & Heilbrun; McDermott, Suzanne; Martin, Christopher H; John Does 1 Through 10; Heilbrun, Robert; Gerzog, Lawrence D; Fisher, Ivan; Fisher, Diane DBA the Fisher Group; Fisher & Soffer AKA Fisher & Sophir; Epstein, Jeffrey E; Ellyn Bank; Cohen, Debra Elisa COUNTER-CLAI

ald Lefcourt Production response to 5/31/07 subpoenas to J. Epstein Virgin Islands Foundation, Inc., J. Epstein & Co., Inc., Epstein Interests, and Financial Trust Company, Inc. 6/13/2007 Subpoena to Majestic Theatre (return date 6/06/07) 6/13/2007 Subpoena to Broward Center for the Performing Arts (return date 6/26/07)

d ready to unwind the Agreement. B-10 11/30/2007 Kenneth Starr Alex Acosta Letter in response to 11/28/2007 letter to Assistant Attorney General Fisher. Outlines the history of negotiations with various counsel for Epstein illustrating how the Non-Prosecution Agreement was reached. Request to prov

ald Lefcourt Production response to 5/31/07 subpoenas to J. Epstein Virgin Islands Foundation, Inc., J. Epstein & Co., Inc., Epstein Interests, and Financial Trust Company, Inc. 6/13/2007 Subpoena to Majestic Theatre (return date 6/06/07) 6/13/2007 Subpoena to Broward Center for the Performing Arts (return date 6/26/07)

ready to unwind the Agreement. B I() 11/30/2007 Kenneth Starr Alex Acosta Letter in response to 11/28/2007 letter to Assistant Attorney General Fisher. Outlines the history of negotiations with various counsel for Epstein illustrating how the Non-Prosecution Agreement was reached. Request to prov