Epstein Secrets

performing its part of the bargain, due process prevents the government from making this determination and nullifying the agreement unilaterally. U.S.C.A. Const.Amend. 5. 131 Criminal Law 4C=042.5(3) 110k42.5(3) Most Cited Cases (Formerly I 1 Ok42) 131 Criminal Law €=.42.7(2) I I 0k42.7(2) Most Cit

review Castaneda's claim of breach of a nonprosecution agreement de novo. [FN241 FNI7. United States v. Moulder, 141 F.3d 568, 571 (5th Cir.1998); United Slates v. Rallis, 28 F.3d 1399, 1409 (5th Cir.1994); United States v. Fitch, 964 F.2d 571, 574 (6th Cir.1992); United Stales v. Brown, 801 F.2d 352, 354

each by clear and convincing evid- ence). F1122. See Packwood, 848 F.2d at 1011; Tarrant, 730 F.Supp. at 32. F1423. Packwood, 848 F.2d at 1011; United Stales v. Calabrese, 645 F.2d 1379, 1390(10th Cir.I981). FN24. Moulder, 141 F.3d at 571; Price, 95 F.3d at 367; United States v. Laday, 56 F.3d 24, 26 (

nited States Attorney's Office (USAO), along with Defendant, has strongly opposed making the NPA public. Attached as Exhibit C hereto is Respondent United States of America's Opposition To Victims' Motion To Unseal Non- Prosecution Agreement, dated October 8, 2008, [DE 29], also filed in In Re: Jane Does 1 and 2,

further. Petitioners have no legal right to disclose the Agreement to third parties, or standing to challenge the confidentiality provision. After the United States' response, Exhibit C, this Court entered its Order, Exhibit B, agreeing with the United States' position and maintaining the confidentiality of the N

:40 a.m. or as soon thereafter as counsel may be heard. Time reserved: 10 Minutes THOMAS, LOCICERO & BRALOW PL Anna K. Shullman Florida Bar No.: James B. Lake Florida Bar No.: 400 North Ashley Drive, Suite 1100 P.O. Box 2602 (33601) Tampa, FLEW Telephone: Facsimile: Attorneys for The Palm Beach Post

dance with Paragraph 7B, please provide me with a proposed written submission to the Special Master by Monday afternoon. Finally, as you are aware, yhe United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October A

nder Acosta United States Attorney cc: Jack Goldber er, Esq. , Esq. Assistant United States Attorney EFTA00183055 U.S. Department of Justice United Stales Attorney Southern District of Florida TO: FAX NO. A. Mark PiIktfaila 500 S. Australian Ave, 4th Floor West Palm Reach, Florida 33401 (561) 820

those conditions is Epstein's agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they "will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and

mate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time be earned during his period of incarceration. 13. The patties anticipate that t

ET AL. ttayyt BEUTTENMULLER, Clerk Fourth District Court of Appeal Sharon R. Bock, Clerk Jane Kreusler-Walsh Diana Martin State Attorney-P.B. James B. Lake Jack A. Goldberger William J. Berger Bradley J. Edwards R. Alexander Acosta Robert D. Critton, Jr. U.S. Attorney'S Office Rebecca Mercier Varg

or criminal liability or a waiver of any jarisdictional or other defense as to any person, whether or not her name appears oa the list provided by the United Slates. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 P. 009/014 EFTA00233347 ..1N- 30-2008180O 10:06 P. CI 0/0

including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the. United States' request, Epstein agrees to provide an accounting of the pin time be earned during his period of incarceration. 13. The patties anticipate that th

ns with the State Attorney's Office and to use his bestefforts to ensure compliance with thesepareedures, whichcompliancewilt bettor:may to satisfy the United States' interest. Epstein also understands that it is lds obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Ep

D. Critton of Burman, Critton, Littler & Coleman, and Jack A. Goldberger of Atterbury, Goldberger 8s Weiss, P.A., West Palm Beach, for appellant. James B. Lake and Deanna K. Shullman of Thomas, LoCicero & Bralow, PL, Fort Lauderdale, for appellee Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post. Wil

OE, Petitioner. FILED by rte D.C. JUL 0 91008 STEVEN M. lAR0AOSE CLERK U.S. 0IST CT S.D. OF FLA. - W..N W. DECLARATION OF Al IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT. 18 U.S.C. & 3771 I, , do hereby declare that I am a member in

1 until 37:23 urge 22:9 use 10:25 11:8 20:24 23:11 28:25 40:11 used 28:19 U.S 2:15 4:10 7:1,9 8:6 12:8,12 16:16 26:19 27:4,18,19 43:5,11,25 U.S.A 2:16 U.S.0 33:7 various 3:1 1025 very 4:21 5:7 11:1,2 11:20 12:21 16:19 16:24 17:12,12 23:11 29:4 32:1 35:18 38:10 40:18 42:2 43:18 44:14 Vi

anticipate this agreement will not be made part of any public record but if there is a Freedom of information Act Request or compulsory process on the United States for this agreement, the U.S. will give petitioner notice before disclosing the agreement; that the U.S. Attorney cannot guarantee what the state at

WSPAPERS, INC., d/b/a THE PALM BEACH POST'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LOCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3nd Avenue, Suite 1500 Ft. Lauderdale, FL 33301 EFTA00233744 Document Tab Transcript of June 10, 2009 hearing 1 Administrative Or

ERROR, PLEASE NOTIFY S IMMEDIATELY AT: To: Company: Fax #: Direct #: linked Stales Attorney's Office CC: Company: Fax #: Direct #: t Inited States Attorney's Office From: Date: PageswIcover. Fax #: Direct #: Jay P. Leitowitz August 22, 2008 3 Message: EFTA00183577 "PM91-11,111 04 Ari

osta United States Attorney By Assistant United United States Attorney cc: Chief, Northern Division EFTA00183564 U.S. Department of Justice United Stales Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: August 22, 2008

WSPAPERS, INC., d/b/a THE PALM BEACH POST'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LOCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, FL 33301 EFTA00183592 Document Tab Transcript of June 10, 2009 hearing Administrative Order N

Armed Forces of the United States, and includes a conviction or entry of a pica of guilty or nob contenders rosulting in a sanction in any stato of the United Stator or other jurisdiction. A sanction Includes, but is not limited to, a lino, probation community control, parolo, conditional release, control roloaso

Oregonian Publishing Co.'. United States District Court, 920 F.2d 1462 (9th Cir. 1990) 9 U.S. I Rosen, 471 F. Supp. 2d 651 (E.D. Va. 2007) 23 United States'. Kooistra, 796 F.3d 1390 (11th Cir. 1986) 9 State Cases Anderson I E.T., 862 So. 2d 839 (Fla. 4th DCA 2003) 8 Barron'. Florida Freedom Newspap

NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00233609 TABLE OF CONTENTS TABLE OF AUTHORITIES INTRODUCTION 1 JURISDICTIO

L Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00233651 07/24/2009 15:22 FAX 5018059840 USA0 WPB CONFRM 07-20-'09 14:22 FROM-THOMAS & LOCICERO 8139843070 004 1-113 P003/00E-937 RESPONDENT PALM BEACH POST'S MOTION FOR APPELLATE ATTORNEYS

other instances where 5 counsel other than myself, not in the civil aspects, where 6 allegations have been made and letters have been sent by the 7 United States suggesting that there's been a violation of the 8 NPA. And under those circumstances, some notification was 9 provided. 10 THE COURT: Did it have

fees and costs and such other further relief as this Court deems proper. Respectfully submitted, THOMAS °CICERO & BRALO , PL D nna K. Shullman James B. Lake I•1 Attorneys for The Palm Beach Post 25 EFTA00233637 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has

nian Publishing Co. v. United States District Court, 920 F.2d 1462, 1465 (9th Cir. 1990) ("plea agreements have typically been open to the public"); United States v. Kooistra, 796 F.3d 1390, 1390-91 (11th Cir. 1986) (documents relating to defendant's change of plea and sentencing could be sealed only upon fmdi

NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 09112/2019 CONFPITTENTIAL Agency to Agency Requet: 19-411 SDNY_GM_00331586 EFTA_

mate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that t

EWSPAPERS, INC. d/b/a THE PALM BEACH POST'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00233996 TABLE OF CONTENTS TABLE OF AUTHORITIES ii INTRODUCTION 1 JURISDI

mate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that t

EWSPAPERS, INC. d/b/a THE PALM BEACH POST'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake Case No. 08-80736-CV-MARRA 000668 EFTA00233327 TABLE OF CONTENTS TABLE OF AUTHORITIES ii INTRODUCTION 1 JURISDICTION 2 NATURE OF THE RELI