Epstein Secrets

/JOHNSON JANE DOE I and JANE DOE 2, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. MOTION TO INTERVENE OF ROY BLACK, MARTIN WEINBERC, AND JAY LEFKOWITZ This is a motion pursuant to Federal Rule of Civil Procedure 24(a) by attorneys Roy Black, Martin Weinberg, and Jay Lefkowitz, to intervene for the

INTERVENE OF ROY BLACK, MARTIN WEINBERC, AND JAY LEFKOWITZ This is a motion pursuant to Federal Rule of Civ

omcyJ ay Lefkowitz within the next few days, as soon as a certificate of good standing from the New York Bar arrives. Attorneys Black, Weinberg and Lcfkowitz do not seek intervention to litigate whether the Crime Victims' Rights Act was violated and if so, against whom a remedy is appropriate. Instead, t

cv-80736-KAM Document 60 Entered on FLSD Docket 04/07/2011 Page 4 of 10 of secrecy which is waived once public disclosure occurs." In re Motions of Dow Jones & Co., Inc., 142 F.3d 496, 505 (D.C. Cir. 1998) (quoting In re North, 16 F.3d 1234, 1245 (D.C. Cir. 1994)). "[E]ven if material concerning the grand jury

AFLS) Subject: Re: Follow up - Thanks. Jeff, are we all set? Jay Original Message From: " , (USAFLS)" Sent: 10/18/2007 12:15 PM AST To: Jay Lefkowitz Cc: " , Jeff (USAFLS)" Subject: RE: Follow up Jeff -- Can you see any issues with this? If not, please confirm with Jay. Original Message From: J

d by the FBI to confirm whether they were 17 or 18 at the time of their activity with Mr. Epstein." See Tab 26, September 24, 2007 Email from M. to J. Lefkowitz (emphasis added). This statement indicated that, at least the "six others" (and, as it turns out, all those identified except two) had reached the a

to confer with your co-counsel regarding this matter. Although the language of Paragraph 8 could be so construed, our First Assistant informed Mr. Lefkowitz some weeks ago that this was not our position. As Mr. Lefkowitz has noted, were Mr. Epstein convicted at trial, the plaintiff-victims in a subsequen

ve disclosures of grand jury material, "Rule 6(e) does not create a type of secrecy which is waived once public disclosure occurs." In re Motions of Dow Jones & Co., 142 F.3d 496, 505 (D.C. Cir. 1998) (quoting In re North, 16 F.3d 1234, 1245 (D.C. Cir. 1994)). "[Elven if material concerning the grand jury inves

Esq. Company: Fax #: Direct #: United States Attorney, Southern District of Florida Company: Fax #: Direct Si: From: Sandra Musumeci for Jay P. Lefkowitz, P.C. Message: Date: July 29, 2011 Pages Weaver: 4 Fax #: Direct #: Please see the attached letter, in response to your letter to Martin Wein

s Attorney used similar language in tying the names "victims" to the basis for a potential indictment, sec December 6, 2007 letter from Mr. to Mr. Lefkowitz at 2, 3; see Alm your email to Mr. Lefkowitz and Mr. Black on August 14, 2008 at 3:27 p.m., where you state that the list contains "only those 'indi

well as actual transcripts, the strategy or direction of the investigation, the deliberations or questions of jurors, and the like.") (citing JaLe Dow Jones & Co., Inc„ 142 F.3d 496, 500 (D.C. Cir. 1998)); Les also SEC Dresser Indust', Ms , 628 F.2d 1368, 1382 (D.C. Cir. 1980); Fund for Constitutional Gov't a

ed similar language in tying the names of the "victims" to the basis for a potential indictment, see December 6, 2007 letter from Mr. Sloman to Mr. Lefkowitz at 2, 3; see gim your email to Mr. Lefkowitz and Mr. Black on August 14, 2008 at 3:27 p.m., where you state that the list contains "only those 'indi

ve of the $526,466 already paid by Mr. Epstein - meet the criteria set forth by the NPA. We assure you that both Mr. Epstein's prior civil counsel, Jay Lefkowitz, who, with you, was a primary negotiator of the NPA language, and Mr. Critton, each strongly believe that significant amounts of the fees and costs

as well as actual transcripts, the strategy or direction of the investigation, the deliberations or questions of jurors, and t like.") (citing Dug Dow Jones & Co., Inc„ 142 F.3d 496, 500 (D.C. Cir. 1998)); see also SEC Dresser Indust. la, 628 F.2d 1368, 1382 (D.C. Cir. 1980); Fund for Constitutional Gov't Nat'

Esq. Company: Fax it: Direct #: prated States Attorney, Southern bistrict of Florida Company: Fax #: Direct it: From: Sandra Musumeci for Jay P. Lefkowitz, P.C. Message: Date: July 29, 2011 Pages w/cover: 4 Fax #; Direct #: Please see the attached letter, in response to your letter to Martin Wei

ed similar language in tying the names of the "victims" to the basis for a potential indictment, see December 6, 2007 letter from Mr. Sloman to Mr. Lelkowitz at 2, 3; see gla your email to Mr. Lefkowitz and Mr. Black on August 14, 2008 at 3:27 p.m., where you state that the list contains "only those 'indi

well as actual transcripts, the strategy or direction of the investigation, the deliberations or questions of jurors, and the like.") (citing In.m Dow Jones & Co., Inc.„, 142 F.3d 496, 500 (D.C. Cir. 1998)); see SEC v Dresser Indust'. Inc., 628 F.2d 1368, 1382 (D.C. Cir. 1980); Fund for Constitutional Gov't v

KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS 601 Lexington Avenue New York. New York 10022 Jay P. Lefkowitz, P.C. To Call Writer Directly: (212)446-4800 Facsimile: (212)446-4900 winv.kirkland.00m July 29, 2011 Delivery by Facsimile CONFIDENTIAL A.

"victims" to the basis for a potential indictment, see December 6, 2007 letter from Mr. Sloman to Mr. Lefkowitz at 2, 3; see also your email to Mr. Lefkowitz and Mr. Black on August 14, 2008 at 3:27 PM, where you state that the list contains "only those `individuals whom [the United States] was prepared

s that either testified or were identified during Grand Jury proceedings are subject to the secrecy provisions of F.R.Crim.P 6(e). Ste, tg,,, In re Dow Jones & Co., Inc., 142 F.3d 496, 500 (D.C. Cir. 1998) ("Consistent with these purposes, we have recognized that grand jury secrecy covers `the identities of wit

Esq. Company: United States Attorney, Southern District of Florida Company: Fax #: Direct #: Fax #: Direct tt: From: Sandra Musumeci for Jay P. Lefkowitz, P.C. Message: Date: July 29, 2011 Pages Weaver: 4 Fax Direct Please see the attached letter, in response to your letter to Martin Weinberg o

Attorney used similar language in tying the names ', victims" to the basis for a potential indictment, see December 6, 2007 letter from Mr. to Mr. Lefkowitz at 2, 3; see aiv your email to Mr. Lcfkowitz and Mr. Black on August 14, 2008 at 3:27 p.m., where you state that the list contains "only those 'indi

well as actual transcripts, the strategy or direction of the investigation, the deliberations or questions of jurors, and the like.") (citing in re Dow Jones & Co., Inc„ 142 F.3d 496, 500 (D.C. Cir. 1998)); sce alsq SEC v Dresser hglustr, inc„ 628 F.2d 1368, 1382 (D.C. Cir. 1980); fund for Constitutional Gov't