Epstein Secrets

F AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenor/Appellants INTERVENORS' RESPONSE TO MOTION TO DISMISS NON-PARTY INTERLOCUTORY APPEAL Roy Black Jackie Perczek Black, Srebnick, Kornspan & Stumpf Martin G. Weinberg EFTA00209465 Case: 13-12923 Date Filed: 07/12/2013 Page: 2 of 25 TABLE O

15 Sheet Metal Workers Intern. I Sweeney, 29 F.3d 120 (4th Cir.1994) 15 United States' Gonzalez, 669 F.3d 974 (9th Cir. 2012) 14 United States' Krane, 625 F.3d 568 (9th Cir. 2010) 9 United States' Mezzanatto, 513 U.S. 196, 205 (1995) 12 United States I Williams Cos., Inc., 562 F.3d 387 (D.C.Cir

. In cases such as this one, contrary to plaintiffs' argument, Perlman does not directly conflict with Mohawk. See Motion at 13. In United States'. Krane, 625 F.3d 568 (9th Cir. 2010), a case not cited by the plaintiffs, the Ninth Circuit permitted an interlocutory appeal by intervenors under Perlman

F AMERICA, Defendant-Appellee ROY BLACK ET AL., Intervenor/Appellants INTERVENORS' RESPONSE TO MOTION TO DISMISS NON-PARTY INTERLOCUTORY APPEAL Roy Black Jackie Perczek Black, Srebnick, Kornspan & Stumpf 201 South Biscayne Boulevard Martin G. Weinberg EFTA00209534 Case: 13-12923 Date Filed: 07/1

15 Sheet Metal Workers Intern. I Sweeney, 29 F.3d 120 (4th Cir.1994) 15 United States' Gonzalez, 669 F.3d 974 (9th Cir. 2012) 14 United States' Krane, 625 F.3d 568 (9th Cir. 2010) 9 United States' Mezzanatto, 513 U.S. 196, 205 (1995) 12 United States I Williams Cos., Inc., 562 F.3d 387 (D.C.Cir

. In cases such as this one, contrary to plaintiffs' argument, Perlman does not directly conflict with Mohawk. See Motion at 13. In United States'. Krane, 625 F.3d 568 (9th Cir. 2010), a case not cited by the plaintiffs, the Ninth Circuit permitted an interlocutory appeal by intervenors under Perlman

trict court to compel the United States to produce all requested discovery about the plea negotiations. Epstein and his criminal defense attorneys, Roy Black and Martin Weinberg, moved to intervene for the limited purpose of challenging the disclosure and use of the correspondence they wrote during plea

tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person

trict court to compel the United States to produce all requested discovery about the plea negotiations. Epstein and his criminal defense attorneys, Roy Black and Martin Weinberg, moved to intervene for the limited purpose of challenging the disclosure and use of the correspondence they wrote during plea

tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person

trict court to compel the United States to produce all requested discovery about the plea negotiations. Epstein and his criminal defense attorneys, Roy Black and Martin Weinberg, moved to intervene for the limited purpose of challenging the disclosure and use of the correspondence they wrote during plea

ion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States v. Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person

venors/Appellants ON APPEAL FROM AN ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA BRIEF OF INTERVENORS/APPELLANTS ROY BLACK, MARTIN G. WEINBERG, AND JEFFREY EPSTEIN Roy Black Jackie Perczek Black, Srebnick, Kornspan & Stumpf 201 South Biscayne Boulevard Suite 1300

n, 544 F.2d 791 (5th Cir. 1977) 15, 31 United States v. Knight, 867 F.2d 1285 (11th Cir.), cert. denied, 493 U.S. 846 (1989) 24 United States v. Krane, 625 F.3d 568 (9th Cir. 2010) 50 United States v. Merrill, 685 F.3d 1002 (11th Cir. 2012) 24, 25 *United States v. Mezzanatto, 513 U.S. 196 (1995

trict court to compel the United States to produce all requested discovery about the plea negotiations. Epstein and his criminal defense attorneys, Roy Black and Martin Weinberg, moved to intervene for the limited purpose of challenging the disclosure and use of the correspondence they wrote during plea

tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person

United States Court of Appeals, Eleventh Circuit. Jane DOE NO. 1, Jane Doe No. 2, Plaintiffs-Appellees, 1. UNITED STATES of America, Defendant. Roy Black, Martin G. Weinberg, Jeffrey Epstein, Intervenors-Appellants. No. 13-12923. April 18, 2014. Background: Alleged minor victims of federal sex crime

t-Orsted I. City of Dickson, 641 F.3d 230, 239 (6th Cir.2011) (recognizing that Perlman jurisdiction remains when a nonparty asserts a privilege); Krane, 625 F.3d at 572 (ruling that " Perlman and Mohawk are not in tension" when the claimant of a privilege is not a party). But see United States I.

ts on behalf of their client to resolve the ongoing criminal investigation of him. Both Mr. Epstein and his criminal defense attorneys — appellants Roy Black and Martin Weinberg — filed motions to intervene for the limited purpose of challenging the use and disclosure of the settlement/plea negotiation c

stimony of their former attorney over a claim of attorney-client privilege. The 10 EFTA00583769 Court agreed with the Ninth Circuit's decision in Krane, concluding that the circumstances in Krane "support application of the Perlman doctrine because, without the ability to raise the issue in an inte

ts on behalf of their client to resolve the ongoing criminal investigation of him. Both Mr. Epstein and his criminal defense attorneys — appellants Roy Black, Martin Weinberg, and Jay Lefkowitz — filed motions to intervene for the limited purpose of challenging the use and disclosure of the settlement/pl

In cases such as this one, contrary to plaintiffs' argument, Perlman does not directly conflict with Mohawk. See Motion at 13. In United States v. Krane, 625 F.3d 568 (9th Cir. 2010), a case not cited by the plaintiffs, the Ninth Circuit permitted an interlocutory appeal by intervenors under Perlman