Epstein Secrets

ida 3340) Facsimile- FACSIMILE COVER SHEET TO: JIM EISENBERG E_SQ. DATE: February 5, 2007 FAX NO. PHONE NO. # OP PAGES: FROM: ASSISTANT U. S . ATTORNEY PHONE NO. COMMENTS: 3(1/1_- &at- °L4191-fr\k' -61r ougar&cLau ' V IA P i t 'an t_ I t itifft attia 1 1'6 ffidgAgr. Case No. 08-80

T OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS / SEALED ORDER It is hereby ordered that the United States' Sealed Motion for Permission to Disclose Grand Jury Material and the Order granting same be SEALED until further Order of this Court, except that a

new grand jury has been tided and I have enclosed a new subpoena for= MI. As 1 mentioned earlier, Ms is not a target of this investigation and the United States seeks her testimony solely as a victim/winless. During our last conversation regarding Ms. , you indicated that she was unwilling to speak with us

F AMERICA, Respondent. UNITED STATES' NOTICE OF FILING PRIVILEGE LOG Pursuant to the Court's June 18, 2013 Omnibus Order (DE 190), the Respondent, United States of America, by and through the undersigned Assistant United States Attorney, hereby gives notice of its filing of its Privilege Log, which is attached hereto.

d-faith settlement cases, where "mental impressions [of the underlying counsel] are the pivotal issue in the current litigation." Holmgren v. State Farm Mut. Auto. Ins. Co., 976 F.2d 573, 577 (9th Cir. 1992). Other than by analogizing to bad-faith actions, Petitioners have not demonstrated how delving i

and finds that the Government has submitted sufficient evidence to evaluate its claims of privilege. L DE 238-1) (discussing documents prepared by the United States Attorney's Office in anticipation of possible Epstein prosecution); see Stern v. O-Quinn, 253 F.R.D. 663, 675 (S.D. Fla. 2008) (Rosenbaum, Mag. J.)

E 268 is hereby UNSEALED. DONE AND ORDERED in chambers at West Palm Beach, Palm Beach County, Florida, this 611' day July, 2015. KENNETH A. MARRA United State District Judge 25 EFTA_R1_0 1293460 EFTA02335922 Case 9 08-cv-80736-KAM Document 330 Entered on FLSD Docket 07/06/2015 Page 26 of 51 TABLE Det

d-faith settlement cases, where "mental impressions [of the underlying counsel] are the pivotal issue in the current litigation." Holmgren v. State Farm Mut. Auto. Ins. Co., 976 F.2d 573, 577 (9th Cir. 1992). Other than by analogizing to bad-faith actions, Petitioners have not demonstrated how delving i

nd finds that the Government has submitted sufficient evidence to evaluate its claims of privilege. (See DE 238-1) (discussing documents prepared by the United States Attorney's Office in anticipation of possible Epstein prosecution); see Stern v. O-Quinn, 253 F.R.D. 663, 675 (S.D. Fla. 2008) (Rosenbaum, Mag. J.)

DE 268 is hereby UNSEALED. DONE AND ORDERED in chambers at West Palm Beach, Palm Beach County, Florida, this 6ih day July, 2015. KENNETH A. MARRA United State District Judge 25 EFTA01657776 Case 9:08-cv-80736-KAM Document 330 Entered on FLSD Docket 07/06/2015 Page 26 of 51 TABLE Detail of Privilege an

d-faith settlement cases, where "mental impressions [of the underlying counsel] are the pivotal issue in the current litigation." Holmgren v. State Farm Mut. Auto. Ins. Co., 976 F.2d 573, 577 (9th Cir. 1992). Other than by analogizing to bad-faith actions, Petitioners have not demonstrated how delving i

reement). 5 EFTA00617884 Case 9:08-cv-80736-KAM Document 207 Entered on FLSD Docket 07/08/2013 Page 6 of 11 from contesting liability.; See also United States' Reply in Support of Its Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 205-6), Exhibit F at 11-12 (detailing reliance of plaintiff

377, 394 (1968) ("[W]e find it intolerable that one constitutional right should have to be surrendered to assert another"); Tomai-Minogue v. State Farm Mut. Auto Ins. Co., 770 F.2d 1228, 1232 (4th Cir. 1985) (finding it a "questionable line of argument . . . [that] to assert her rights as a matter of p

. (See Reply at 2.) However, in general, "oUr-of-court statements that are offered as evidence of legally operative verbal conduct are not hearsay.' United States v. Pang. 362 F.3d 1187. 1192 (9th Cir. 2004). Because such statements have independent legal significance. they are considered "verbal acts," and ar

at they "entrusted [the defendants] with the negotiation of [the transaction] based on [the defendants'] superior experience and knowledge"); State Farm Mut. Auto. Ins. Co. v. Ling, 348 So. 2d 472, 474-76 (Ala. 1977) (holding that an insurer owed a duty to disclose arising from its confidential relations

nexplicably poor decision when it decided not to prosecute Epstein. "[T]he Government retains 'broad discretion' as to whom to prosecute." Wayte v. United States, 470 U.S. 598, 607, 105 S. Ct. 1524, 84 L. Ed. 2d 547 (1985). The CVRA incorporates this principle, providing that "[n]othing in this chapter shall

ad-faith settlement cases, where "mental impressions [of the underlying counsel) are the pivotal issue in the current litigation." Holmgren v. State Farm Mut. Auto. Ins. Co., 976 F.2d 573, 577 (9th Cir. 1992). Other than by analogizing to bad-faith actions, Petitioners have not demonstrated how delving i