Epstein Secrets

ed. R. Evid. 501 4, 16 iv EFTA00209469 Case: 13-12923 Date Filed: 07/12/2013 Page: 6 of 25 INTRODUCTION AND FACTUAL BACKGROUND Intervenor Jeffrey Epstein entered into a Non-Prosecution Agreement ("NPA") with the government in September, 2007. Under that agreement, contrary to the impression which the

Agreement ("NPA") with the government in September, 2007. Under that agreement, contrary to the impression which the plaintiffs seek to create, Mr. Epstein did far more than plead guilty to "two minor state offenses." Motion at 4. Instead, he pled guilty to two state felony offenses and served a prison

INTRODUCTION AND FACTUAL BACKGROUND Intervenor Jeffrey Epstein entered into a Non-Prosecution Agreement

impression which the plaintiffs seek to create, Mr. Epstein did far more than plead guilty to "two minor sta

iffs. Motion at 10-11. Intervenors did not, however, ignore controlling Supreme Court precedent, for the simple reason that Mohawk Industries, Inc. I. Carpenter, 558 U.S. 100 (2009), does not affect the right of non-parties such as intervenors to take an appeal from the district court's disclosure order. The

ed. R. Evid. 501 4, 16 iv EFTA00209538 Case: 13-12923 Date Filed: 07/12/2013 Page: 6 of 25 INTRODUCTION AND FACTUAL BACKGROUND Intervenor Jeffrey Epstein entered into a Non-Prosecution Agreement ("NPA") with the government in September, 2007. Under that agreement, contrary to the impression which the

Agreement ("NPA") with the government in September, 2007. Under that agreement, contrary to the impression which the plaintiffs seek to create, Mr. Epstein did far more than plead guilty to "two minor state offenses." Motion at 4. Instead, he pled guilty to two state felony offenses and served a prison

INTRODUCTION AND FACTUAL BACKGROUND Intervenor Jeffrey Epstein entered into a Non-Prosecution Agreement

impression which the plaintiffs seek to create, Mr. Epstein did far more than plead guilty to "two minor sta

iffs. Motion at 10-11. Intervenors did not, however, ignore controlling Supreme Court precedent, for the simple reason that Mohawk Industries, Inc. I. Carpenter, 558 U.S. 100 (2009), does not affect the right of non-parties such as intervenors to take an appeal from the district court's disclosure order. The

the outcome of this case: 1. Marra, The Honorable Kenneth 2. Acosta, R. Alexander 3. Black, Roy 4. Cassell, Paul G. 5. Edwards, Bradley J. 6. Epstein, Jeffrey 7. Ferrer, Wifredo A. 8. Howell, Jay 9. IMPIIPIS 10. Lefkowitz, Jay 11. Perczek, Jackie 12. libuilm.1 13. ra.c....1.„ , ‘,1„ 1. 14.

come of this case: 1. Marra, The Honorable Kenneth 2. Acosta, R. Alexander 3. Black, Roy 4. Cassell, Paul G. 5. Edwards, Bradley J. 6. Epstein, Jeffrey 7. Ferrer, Wifredo A. 8. Howell, Jay 9. IMPIIPIS 10. Lefkowitz, Jay 11. Perczek, Jackie 12. libuilm.1 13. ra.c....1.„ , ‘,1„ 1. 14. Sloman, Jef

7. Ferrer, Wifredo A. 8. Howell, Jay 9. IMPIIPIS 10. Lefkowitz, Jay 11. Perczek, Jackie 12. libuilm.1 13. ra.c....1.„ , ‘,1„ 1. 14. Sloman, Jeffrey 15. 101010MRNI,PIIIIMP 16. Weinberg, Martin C-1 of 2 EFTA00209568 17. Doe No. 1, Jane 18. Doe No. 2, Jane Note: As they have in the court bel

r rights under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771. The U.S. Attorney's Office for the Southern District of Florida investigated Jeffrey Epstein's sexual abuse of the victims and notified them that they were protected "victims" under the CVRA. The Office, however, ultimately reached a plea dea

(D.C. Cir. 2013) 13, 17 Miccosukee Tribe of Indians of Florida I United States, 516 F.3d 1235, 1265 (11th Cir. 2008) 21 Mohawk Industries, Inc. I. Carpenter, 130 S. Ct. 599 (2009) passim Nat'l Super Spuds, Inc.' N.Y. Mercantile Exch., 591 F.2d 174, 178 (2d Cir.1979) 13 Perlman I United States, 247 U

of their plea negotiations; and, if so, whether a privilege bars crime victims from discovering plea negotiations. The United States investigated Jeffrey Epstein's sexual abuse of minors, but failed to confer with the victims before entering a non-prosecution agreement with Epstein. Two victims filed suit agai

States investigated Jeffrey Epstein's sexual abuse of minors, but failed to confer with the victims before entering a non-prosecution agreement with Epstein. Two victims filed suit against the United States to enforce their rights under the Crime Victims' Rights Act, 18 U.S.C. § 3771, and sought to disc

erica, Defendant. Roy Black, Martin G. Weinberg, Jeffrey Epstein, Intervenors-Appellants. No. 13-12923.

I. United States, 247 U.S. 7, 38 S.Ct. 417, 62 L.Ed. 950 (1918). Second, they argue that a decision of the Supreme Court, Mo- hawk Industries, Inc. I. Carpenter, 558 U.S. 100, 130 S.Ct. 599, 175 L.Ed.2d 458 (2009), forecloses an interlocutory appeal of a denial of a claim of privilege. (6](71 The courts of