UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE, CASE NO. 08-CV-80893-CIV-MARRA/JOHNSON Plaintiff, Vs. JEFFREY EPSTEIN, et al. Defendant. _________________________________/ Related Cases: 08-80119, 08-80232, 08-80380, 08-80381, 08-80994, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 __________________________________/ PLAINTIFF JANE DOE’S MOTION FOR COURT ORDER RELEASING FBI RECORDS REGARDING JEFFREY EPSTEIN Plaintiff, Jane Doe, seeks a court order releasing FBI records about Jeffrey Epstein. Under the Privacy Act, 5 U.S.C. § 552a(b)(11), this Court is authorized to release these material. The FBI has advised Jane Doe that it will release the materials if this Court enters an appropriate order. Jane Doe seeks such an order. A brief bit of background may be in order. As the Court is well aware, Jane Doe has filed a civil damage action against Jeffrey Epstein for sexual abuse he inflicted upon her when she was child. To prove her case, Jane Doe has been attempting to undertake discovery from Epstein, only to be rebuffed at almost every turn by Epstein’s invocation of his Fifth Amendment privilege against self-incrimination. See, e.g., No. Case 9:08-cv-80119-KAM Document 486 Entered on FLSD Docket 03/10/2010

Page 1 of 7 CASE NO: 08-CV-80119-MARRA/JOHNSON 2 9:08-CV-80893, Motion to Compel Answers to Plaintiff’s First Request for Production, Dkt. #97 (listing discovery requests blocked by Fifth Amendment invocations). Because Epstein has been unwilling to answer questions, Jane Doe has been forced to search for other means of discovery. She understands, on information and belief, that the FBI gathered significant information about Epstein during the course of its criminal investigation of him for sexually abusing children. She seeks that information to help support her case against him. Accordingly, she has sent the attached subpoena to the FBI (Exhibit A). Jane Doe understands that some of the information that the FBI has gathered might contain the names of other young girls whom Epstein sexually abused and who are relevant witnesses to Jane Doe’s case. Jane Doe has no wish to make the names of these potential witnesses public and will instead not disseminate those names to anyone outside of the undersigned’s law office. For purposes of this specific motion only, Jane Doe identifies two persons as immediate employees (or co-conspirators as labeled in the Non-Prosecution agreement) of Epstein: Sarah Kellen and Nadia Marcinkova. Both of these individuals have been directly and significantly involved in assisting Epstein abuse minor girls and therefore any related investigation into these individuals should also be made available. See Case No. 9:08-CV-80893, Civil RICO Case Statement, Dkt. #14, Attachment 1 (recounting Kellyn and Marcinkova’s involvement in the scheme). Because Jane Doe’s request is narrowly circumscribed, it is clear that her interests in disclosure outweigh whatever limited privacy interests Jeffrey Epstein might Case 9:08-cv-80119-KAM Document 486 Entered on FLSD Docket 03/10/2010

Page 2 of 7 CASE NO: 08-CV-80119-MARRA/JOHNSON 3 have. Jane Doe needs the information to help prove her claims against Epstein. On the other hand, Epstein has no legitimate privacy interests in the records. The records simply chronicle the FBI’s criminal investigation of Epstein for sexually abusing minor girls. Epstein has, in fact, entered a guilty plea to a related sex crime in a state criminal case. To further protect Epstein’s privacy, Jane Doe has no objection to the materials being provided to counsel under a protective order, barring disclosure to any person other than attorneys and support staff working directly on the case. A proposed order to that effect is attached. CONCLUSION The Court should order release of FBI information about its criminal investigation of Jeffrey Epstein to Jane Doe and order a protective order limiting further disclosure of the materials. DATED: March 10, 2010 Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar No.: 542075 E-mail: [email protected] and Case 9:08-cv-80119-KAM Document 486 Entered on FLSD Docket 03/10/2010

Page 3 of 7 CASE NO: 08-CV-80119-MARRA/JOHNSON 4 Paul G. Cassell Pro Hac Vice 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: [email protected] CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 10, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically filed Notices of Electronic Filing. s/ Bradley J. Edwards Bradley J. Edwards SERVICE LIST Jane Doe v. Jeffrey Epstein United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. [email protected] Robert D. Critton, Esq. [email protected] Isidro Manual Garcia [email protected] Jack Patrick Hill [email protected] Katherine Warthen Ezell [email protected] Michael James Pike Case 9:08-cv-80119-KAM Document 486 Entered on FLSD Docket 03/10/2010

Page 4 of 7 CASE NO: 08-CV-80119-MARRA/JOHNSON 5 [email protected] Paul G. Cassell [email protected] Richard Horace Willits [email protected] Robert C. Josefsberg [email protected] Adam D. Horowitz [email protected] Stuart S. Mermelstein [email protected] Case 9:08-cv-80119-KAM Document 486 Entered on FLSD Docket 03/10/2010

Page 5 of 7 CASE NO: 08-CV-80119-MARRA/JOHNSON EXHIBIT A Case 9:08-cv-80119-KAM Document 486 Entered on FLSD Docket 03/10/2010

Page 6 of 7 Case 9:08-cv-80119-KAM Document 486 Entered on FLSD Docket 03/10/2010