Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 26 of 51 26 1 THE COURT: That's not my concern. So, again, I just 2 want to make sure that if the cases go forward and if 3 Mr. Epstein defends the case as someone ordinarily would defend 4 a case that's being prosecuted against him or her, that that in 5 and of itself is not going to cause him to be subject to 6 criminal prosecution. 7 MR. JOSEFSBERG: I agree, Your Honor. 8 THE COURT: Any other plaintiff's counsel want to 9 chime in? 10 MR. WILLITS: Richard Willits on behalf of C.M.A.. I 11 would join, to weigh in on what Mr. Josefsberg said. 12 MR. JOSEFSBERG: Your Honor, I could not hear. 13 THE COURT: We'll get him to a microphone. 14 Mr. Willits is speaking. 15 MR. WILLITS: On behalf of my client, C.M.A., we join 16 in what Mr. Josefsberg said, and we also want to point out 17 something to the Court. 18 First, we want to make a representation to the Court, 19 we have no intention of complaining to the U.S. Attorney's 20 Office, never had that intention, don't have that intention in 21 the future, but, of course, subject to what occurs in the 22 future. 23 I want to point out to the Court that Mr. Epstein went 24 into this situation with his eyes wide open, represented by 25 counsel, knowing that civil suits had to be coming. If he TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185306

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 27 of 51 27 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 didn't know it, his lawyers knew it. He appears to be having second thoughts now about he could have negotiated this way or he could have negotiated that way with the U.S. Attorney's Office. And they want to impose their second thoughts on the innocent plaintiffs. We don't think that's fair. We think it's in the nature of invited error, if there was any error whatsoever. Thank you. THE COURT: You agree he should be able to take the ordinary steps that a defendant in a civil action can take and not be concerned about having to be prosecuted? MR. WILLITS: Of course. And we say the same thing Mr. Josefsberg said. It's all subject to your rulings and the direction of this Court as to what is proper and what is not proper. And we're prepared to abide by the rulings of this Court, and we have no intention of running to the State's Attorney. THE COURT: The U.S. Attorney? MR. WILLITS: I'm sorry. The U.S. Attorney. THE COURT: Mr. MR. : Thank you, Your Honor. If I may briefly, I think perhaps defense counsel forgot about this, but on pages 17 and 19 of my memorandum of law in opposition to the motion to dismiss, I did make reference to the non-prosecution agreement, and I did say that TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185307

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 28 of 51 28 1 the contesting of the jurisdiction of this Court was a 2 potential breach of the non-prosecution agreement. 3 So my client happens to have, and they have filed with 4 the Court a copy of her state court complaint, given the fact 5 that the non-prosecution agreement limits the non-contesting of 6 jurisdiction to claims exclusively brought under the federal 7 statute. 8 I'm going to go ahead and withdraw those contentions 9 on pages 17 and 19 of my memo of law because it doesn't apply 10 to my case. So to the extent that I raised this issue with 11 defense counsel and the Court, I'm going to withdraw that 12 aspect of it. 13 THE COURT: Can you file something in writing on that 14 point with the Court? 1511 MR. : Yes. 1611 THE COURT: What do you say about this issue that 17H we're here on today? 181 MR. : I think that the problem that I have with 191 it is that this non-prosecution agreement is being used by 20 defense counsel for the exact opposite purpose that it was 21 intended. My perception of this thing, and I wasn't around, is 22 that Mr. Epstein essentially bought his way out of a criminal 23 prosecution, which is wonderful for the victims in a way, and 24 wonderful for him, too. 25 Now he's trying to use the non-prosecution agreement TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185308

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 29 of 51 29 1 as a shield against the plaintiffs that he was supposed to make 2 restitution for. 3 And, certainly, he can take my client's depo. He's 4 done extensive discovery in the state court case -- very 5 intrusive, I might add. And we don't care, because we can win 6 this case with the prosecution agreement or without the 7 prosecution agreement. We are ready to go forward. 8 THE COURT: You're not going to assert to the United 9 States Government that what he's doing in defending the case is 10 a violation for which he should be further prosecuted? 11 MR. : Absolutely not. 12 THE COURT: Anyone else for the plaintiffs? 13 MR. HOROWITZ: Judge, Adam Horowitz, counsel for 14 plaintiffs Jane Doe 2 through 7. 15 I just wanted to address a point that I think you've 16 articulated it. I just want to make sure it's crystal clear, 17 which is that we can't paint a broad brush for all of the 18 cases. 19 The provision relating to Mr. Epstein being unable to 20 contest liability pertains only to those plaintiffs who have 21 chosen as their sole remedy the federal statute. My clients, 22 Jane Doe 2 through 7, have elected to bring additional causes 23 of action, and it's for that reason we were silent when you 24 said does anyone here find Mr. Epstein to be in breach of the 25 non-prosecution agreement. That provision, as we understand TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185309

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 30 of 51 30 1 it, it doesn't relate to our clients. 2 THE COURT: Okay. But, again, you're in agreement 3 with everyone else so far that's spoken on behalf of a 4 plaintiff that defending the case in the normal course of 5 conducting discovery and filing motions would not be a breach? 6 MR. HOROWITZ: Subject to your rulings, of course, 7 yes. 8 THE COURT: Thank you. 9 Anyone else have anything to say from the plaintiffs? 101 Ms. if you would be so kind as to maybe 11 help us out. I appreciate the fact that you're here, and I 12 know you're not a party to these cases and under no obligation 13 to respond to my inquiries. But as I indicated, it would be 14 helpful for me to understand the Government's position. 15 MS. : Thank you, Your Honor. And we, of 16 course, are always happy to try to help the Court as much as 17 possible. But we are not a party to any of these lawsuits, and 18 in some ways we are at a disadvantage because we don't have 19 access. My access is limited to what's on Pacer. So I don't 20 really know what positions Mr. Epstein may have taken either in 21 correspondence or in discovery responses that aren't filed in 22 the case file. 23 But your first order was really just what do you think 24 about a stay, and then the second order related to this hearing 25 and asked a much more specific question, which is whether we TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185310

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 31 of 51 31 1 believe that Mr. Epstein's defense was a breach of the 2 agreement. 3 And I've tried to review as many of the pleadings as 4 possible. As you know, they're extremely voluminous. And I 5 haven't been through all of them. But we do believe that there 6 has been a breach in the filing that Mr. Josefsberg referred 7 to, and contrary to Mr. Critton, we do understand that we have 8 an obligation to provide notice, and we are providing notice to 9 Mr. Epstein today. 10 The pleading that we found to be in breach -- the 11 non-prosecution agreement, sought to do one thing, which was to 12 place the victims in the same position they would have been if 13 Mr. Epstein had been convicted of the federal offenses for 14 which he was investigated. 15 And that if he had been federally prosecuted and 16 convicted, the victims would have been entitled to restitution, 17 regardless of how long ago the crimes were committed, 18 regardless of how old they were at the time, and how old they 19 are today, or at the time of the conviction. 20 And it also would have made them eligible for damages 21 under 2255. 22 And so our idea was, our hope was that we could set up 23 a system that would allow these victims to get that restitution 24 without having to go through what civil litigation will expose 25 them to. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185311

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 32 of 51 32 1 You have a number of girls who were very hesitant 2 about even speaking to authorities about this because of the 3 trauma that they have suffered and about the embarrassment that 4 they were afraid would be brought upon themselves and upon 5 their families. 6 So we did through the non-prosecution agreement tried 7 to protect their rights while also protecting their privacy. 8 So, pursuant to the non-prosecution agreement -- on the other 9 hand, we weren't trying to hand them a jackpot or a key to a 10 bank. It was solely to sort of put them in that same position. 11 So we developed this language that said if -- that 12 provided for an attorney to represent them. Most of the 13 victims, as you know from the pleadings, come from not wealthy 14 circumstances, may not have known any attorneys who would be in 15 a position to help them. 16 So we went through the Special Master procedure that 17 resulted in the appointment of Mr. Josefsberg, and the goal was 18 that they would be able to try to negotiate with Mr. Epstein 19 for a fair amount of restitution/damages. And if Mr. Epstein 20 took the position, which apparently he has, which is that the 21 $50,000 or $150,000 floor under 2255 also would be a cap. That 22 if they were to proceed to file suit in Federal Court to get 23 fair damages under 2255, Mr. Epstein would admit liability, but 24 he, of course, could fight the damages portion, which means 25 that, of course, he would be entitled to depositions; of TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185312

Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 33 of 51 33 1 course, he would be entitled to take discovery, and we don't 2 believe that any of that violates the non-prosecution 3 agreement. 4 The issue with the pleading that he filed, the motion 5 to dismiss the case, I believe it's Jane Doe 101, represented 6 by Mr. Josefsberg, is that that is a case that was filed 7 exclusively under 18 U.S.C., Section 2255. She met that 8 requirement. Mr. Epstein is moving to dismiss it, not on the 9 basis of damages, he is saying that he cannot be held liable 10 under 2255 because he was not convicted of an offense. 11 The reason why he was not convicted of an offense is 12 because he entered into the non-prosecution agreement. So that 13 we do believe is a breach. 14 The issue really that was raised in the motion to stay 15 and that I addressed in our response to the motion to stay is 16 that Mr. Epstein's -- Mr. Epstein wants to stay the litigation 17 in order to leave, in order to sort of attack the cases of the 18 victims whether they are fully within the non-prosecution or 19 not, non-prosecution agreement or not, and leave the Government 20 without a remedy if he does, in fact, breach those terms. And 21 that is why we opposed the stay. 22 THE COURT: I'm not sure what you mean by that last 23 statement. 24 MS. : Well, because this issue related to 25 the motion to dismiss on Mr. Josefsberg's client came up after TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185313

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 34 of 51 34 1 we had filed that response. And what we said in the response 2 to the motion to stay is that the reason why he wants to stay 3 the litigation is so that the non-prosecution agreement 4 terminates based on a period of time, as he puts it. And then 5 afterwards he would be able to come in here and make all of 6 these arguments that clearly violate the non-prosecution 7 agreement but we would be without remedy. 8 THE COURT: But you're not taking the position that 9 other than possibly doing something in litigation which is a 10 violation of an express provision of the non-prosecution 11 agreement, any other discovery, motion practice, investigations 12 that someone would ordinarily do in the course of defending a 13 civil case would constitute a violation of the agreement? 14 MS. : No, Your Honor. I mean, civil 15 litigation is civil litigation, and being able to take 16 discovery is part of what civil litigation is about. And while 17 there may be, for example, if someone were to try to subpoena 18 the Government, we would obviously resist under statutory 19 reasons, all that sort of stuff. But, no, Mr. Epstein is 20 entitled to take the deposition of a plaintiff and to subpoena 21 records, etc. 22 THE COURT: And even if he seeks discovery from a 23 Government agency, you have the right to resist it under the 24 rules of procedure but that would not constitute a violation, 25 again unless there's a provision in the prosecution agreement TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185314

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 35 of 51 35 1p that says I can't do this? 2 MS. : Correct. 3p THE COURT: That's your position? 4 MS. : Yes. 5p THE COURT: Thank you. 6 MS. : Thank you, Your Honor. 7 THE COURT: Mr. Critton, did you want to add anything? 8 MR. CRITTON: Yes, sir. Just a few responses to some 9 of the issues that have been raised. 10 The most glaring, at least from our perspective, is 11 both Mr. Josefsberg's comments that he believes that there's a 12 violation of the NPA as well as Ms. with regard to 13 Jane Doe 101. 14 Mr. Josefsberg, while he was the attorney rep who was 15 selected by Judge Davis to represent a number of individuals, 16 alleged victims that may have been on the list, he represents 17 many of them. And the type of response that was filed in 101 18 would probably be very similar to what we will file if he 19 files -- and he filed 102 as well. But if he files 103, 104 20 and 105, or whatever number he files, we may well take that 21 same legal position in our motions and in our response or in 22 reply. 23 And what we've been, in essence, told today is we 24 consider that to be a violation of the NPA under the 25 circumstances. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185315

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 36 of 51 36 1 102 is a perfect example that he filed is, we have 2 e-mails going back and forth between the Government and my 3 clients' attorneys at the time that suggested that 102 probably 4 doesn't even fit within the statute of limitations. 5 So under Mr. Josefsberg's argument is as well, we've 6 only brought a 2255 claim. We don't care whether she's within 7 or is outside the statute of limitations. Because she was on 8 the list and under the circumstances, he has to admit 9 liability, which we contest is under that set of circumstances 10 you're stuck with it. You can fight damages if you can, but 11 she's a real person and you can't raise statute of limitations. 12 The other point that kind of strikes out is there's 13 probably a difference. And I'm happy to provide a copy of the 14 NPA or a redacted portion of the NPA which deals with the civil 15 issues, which are paragraphs 7, 8, 9 and 10, and the entire 16 addenda in camera for the Court to look at, if plaintiff's 17 counsel and the Government, I guess, really, because they're 18 not a party, is if they have no objection because they all have 19 access based on a prior court order to the non-prosecution 20 agreement. 21 So I'm happy to provide that to the Court today and 22 show it to counsel so that the Court can review that. 23 But our position with regard to the 2255 claims is 24 that -- there were two types of claims that could be filed, one 25 was consensual litigation, the second was contested litigation. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185316

Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 37 of 51 37 1 And under the consensual, in essence, which Mr. Epstein did, is 2 he's offered $50,000 of the statutory minimum for that time 3 period to all of those individuals. 4 THE COURT: Can I interrupt you a second? 5 MR. CRITTON: Yes, sir. 6 THE COURT: I'm not here, and I don't believe it's my 7 role to decide whether or not there is or is not a breach of 8 the agreement. I'm just trying to understand what the 9 Government's position is regarding your defending these cases. 10 Now, I'm just saying this as an example. If, for 11 example, in the non-prosecution agreement there was a provision 12 that said explicitly: Jeffrey Epstein shall not move to 13 dismiss any claim brought under 2255 by any victim no matter 14 how long ago the allegations or the acts took place, period. 15 If that was in the agreement and you filed a motion to 16 dismiss by someone who brought a claim, it might sound like it 17 might be a violation. 18 MR. CRITTON: I agree. 19 THE COURT: So you would know that when you filed your 20 motion because it was right there for you to read. 21 And so to stay the case because I want to do something 22 that the contract expressly prohibits me from doing, so stay 23 the case until the agreement expires so then I can do something 24 that the agreement said I couldn't do so you won't be in fear 25 of prosecuting, I'm not sure that that is what I'm concerned TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185317

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 38 of 51 38 1 about. 2 I'm concerned about discovery, investigation, motion 3 practice, that's not prohibited by a provision of the 4 agreement. If there's something that's prohibited by the 5 agreement that you, knowing what the agreement says, go ahead 6 and do, anyway, I guess that's a risk you're going to have to 7 take. If there's a legitimate dispute about it, I guess some 8 arbiter is going to decide whether it's a breach or not. 9 But, again, that's something you and Mr. Burman, 10 Mr. Goldberger, and you are all very good lawyers, and he's got 11 a whole list of lawyers representing him, and you've got the 12 agreement and you're going to make legal decisions on how to 13 proceed, and you're going to have to go and make your own 14 decisions. 15 I'm concerned about things that aren't in the 16 agreement, that aren't covered, that you're going to be accused 17 of violating because, again, you take depositions, you send out 18 subpoenas, you file motions that are not prohibited by the 19 agreement. And that's what I'm concerned about. 20 MR. CRITTON: And I understand that, Your Honor. 21 But at the same time, it's as if the lawyers and the 22 clients, based upon our interpretation of the agreement, and, 23 believe me, we would not have filed 101, the motion to dismiss, 24 but for believing that there was a good faith basis to do that 25 under the circumstances. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185318

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 39 of 51 39 1 And now, in essence, we're being accused not only by 2 -- not accused, but it's been suggested that there's a breach 3 of the NPA, not only by Mr. Josefsberg on behalf of 101, but as 4 well Ms. on behalf of the United States. 5 That's the perfect example. They're basically saying 6 we think you violated. We may send you notice under the 7 circumstances. So does that mean that on 101 we have to back 8 off of it because we think in good faith that it's a motion and 9 is that something that this Court ultimately will rule? 10 THE COURT: I don't know that I'm the one who is going 11 to make that decision. Again, that's not the kind of thing 12 that I was concerned about. I was more concerned about the 13 normal, ordinary course of conducting and defending a case that 14 would not otherwise expressly be covered under the agreement, 15 that you're going to then have someone say, ah, he's sent a 16 notice of deposition, he's harassing the plaintiffs. I don't 17 know if there's a no contact provision in the agreement or no 18 harassment type of provision in the agreement. Ah, this is a 19 breach because you sent discovery, or he's issuing subpoenas to 20 third parties trying to find out about these victims' 21 backgrounds, he's breaching the agreement. 22 Those are the kind of things that I was worried about. 23 MR. CRITTON: The concern that we have is as part of 24 doing this general civil litigation, it's not just the 25 discovery process. And I understand the issues that the Court TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185319

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 40 of 51 40 1 has raised. 2 But part of it is that often cases are disposed of 3 either on a summary basis or certainly legal issues that come 4 before the Court during the course of the case, just like in a 5 criminal case. That's clearly part of the, I'd say the defense 6 of the case under the circumstances; and if, in fact, an 7 individual can't legally bring a cause of action for certain 8 reasons, such as has been suggested in 101, and may be 9 suggested in 102 when that pleading is filed, that certainly is 10 a position that puts my client at risk. 11 As another example that I use with C.M.A., that they 12 filed this 30-count complaint. Now, they have the state court 13 claims as well. But they, in essence, have said they filed 14 another pleading with the Court that says depending on what the 15 Court rules, in essence, on whether we can file multiple claims 16 or one cause of action with multiple violations, we may dump 17 the state court claims and, therefore, we'll just ride along on 18 that. That's a very different -- 19 Mr. Epstein would never have entered into, nor would 20 his attorneys have allowed him to enter into that agreement 21 under those circumstances where he had this unlimited 22 liability. That clearly was never envisioned by any of the 23 defendants -- by the defendant or any of his lawyers under the 24 circumstances. 25 And if that's claimed to be a violation, either by the TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185320

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 41 of 51 4 1 attorneys; i.e., he's not recapitulating on liability under the 2 2255, and that's all we have now. That's our exclusive remedy. 3 And the Government says, yeah, that's right, that's a 4 violation of the NPA. It again chills us from moving forward, 5 filing the necessary motion papers and taking legal positions 6 that may put my client at risk for violating the NPA and then 7 creating the irreparable harm of, after having been in jail, 8 after having pled guilty to the state court counts, after 9 registering on release as a sex offender, he's complied and 10 done everything, taken extraordinary efforts to comply with the 11 NPA, puts him at substantial risk. And that's what our worry 12 is moving forward. 13 MR. JOSEFSBERG: Your Honor, may I be heard. May I 14 make three comments? It will take less than a minute. 15 THE COURT: Yes, sir. 16 MR. JOSEFSBERG: Mr. Critton refers to the alleged 17 victims. I want you to know that our position is that pursuant 18 to the NPA they're not alleged victims. They are actual, real 19 victims, admitted victims. 20 Secondly, he argues about the statute of limitations 21 on 102. I know that you don't want to hear about that, and I'm 22 not going to comment about it. But please don't take our lack 23 of argument about this as being we agree with anything. 24 Last and most important, we totally agree with 25 Mr. Critton in his suggestion that he hand you a copy of the TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185321

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 42 of 51 42 1 NPA. I think that many of the questions you asked will be 2 answered when you read the NPA, and I think it's very unfair of 3 everyone who is sitting in front of you who have the NPA to be 4 discussing with you whether it's being breached, whether there 5 should be a stay when you're not that familiar with it. 6 If we would give you a copy of it, I think it would be 7 much more helpful in making your ruling. 8 THE COURT: Maybe Judge Colvat will resolve this issue 9 for me. 10 MR. JOSEESBERG: Even if he doesn't, Your Honor, I 11 believe we are allowed to show it to you. 12 THE COURT: I'll tell you what: I'll wait for Judge 13 Colvat to rule, and then if he rules that it should remain 14 sealed, then I'll consider whether or not I want to have it 15 submitted to me in camera. 16 Anything else, Mr. Josefsberg? 17 MR. JOSEFSBERG: No. I thank you on behalf of myself 18 and the other counsel on the phone for permitting us to appear 19 by phone. 20 THE COURT: All right. Anyone else have anything they 21 want to add? 22 MR. EDWARDS: Brad Edwards on behalf of Jane Doe. 23 I only had one issue here, and when I read your motion 24 that you wanted to hear on the narrow issue of just defense in 25 the civil actions filed against him violates the TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185322

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 43 of 51 43 1 non-prosecution agreement, I was expecting that we were going 2 to hear something from the Government similar to the affidavit 3 that was filed by Mr. Epstein's attorneys wherein he indicates 4 as of the day of this affidavit attached to the motion to stay, 5 the U.S. Attorney's Office has taken the position that Epstein 6 has breached the non-prosecution agreement and it names 7 specifically investigation by Epstein of this plaintiff and 8 other plaintiffs, Epstein's contesting damages in this action. 9 Epstein, or his legal representatives, making statements to the 10 press. And we didn't hear any of those things. 11 So that's what I was expecting that the U.S. 12 Attorney's Office was going to expound on and say, yes, we've 13 made some communications to Epstein. He's violating. 14 What we're hearing right now, today, just so that I'm 15 clear, and I think the Court is clear now, is that the 16 non-prosecution agreement is what it is. There have been no 17 violations, but for maybe what Mr. Josefsberg brought up. 18 But there are very few restrictions on Mr. Epstein. 19 He went into this eyes wide open. And whether or not I agree 20 with the agreement, how it came to be in the first place, is 21 neither here nor there. 22 But there have been no violations or breaches up to 23 this point. And his affidavit that was filed, I'm just 24 troubled by where it even came from. I mean, it's making 25 specific allegations that the U.S. Attorney's Office is TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00185323

Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 44 of 51 44 1 threatening a breach, and this is part of the motion to stay, 2 which we're all battling here. 3 So I just wanted to indicate to the Court or remind 4 the Court that there have been specific allegations made, the 5 United States Attorney's Office is making these allegations of 6 breach, which we haven't heard any of the evidence of. 7 Thank you. 8 THE COURT: All right. 9 Ms. , did you want to respond to that 10 suggestion that there were other allegations of breach besides 11 the one that you've just mentioned today? 121 MS. : No, Your Honor. 13 THE COURT: Thank you. I appreciate your giving me 14 the information, which I think has been very helpful today, and 15 I'll try and get an order out as soon as possible. 16 (Court adjourned at 11:10 III.). 17 CERTIFICATE 18 I hereby certify that the foregoing is an accurate 19 transcription of proceedings in the above-entitled matter. 20 s/Larry Herr 21 DATE LARRY HERR, RPR-CM-RMR-FCRSC 22 Official United States Court Reporter 400 N. Miami Avenue 23 Miami, FL 33128 - 305/523-5290 (Fax) 305/523-5639 24 email: [email protected] 25 Quality Assurance by Proximity Linguibase Technologies EFTA00185324

EISENBERG & Fours, P.A. Attorneys At Law JAMES L. EISENBERG • Florida Bar Board Certified Criminal Trial Lawyer National Board Of Trial Advocacy Certified Criminal Trial Advocate KAI LI ALOE Fours • Ono Clearlake Centre,Suile 704,250 Australian Avenue South, WestPalmBeach, FL 33401 FAXES= September 21, 2006 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Subpoena for'. MI Dear= Please allow me to confirm my latest e-mail to you. I did receive your e-mail of last week with attachments and passed them on to my client. At this time, I can only say that my client does not want to do ei r of your suggestions. She does not want to give a statement under the immunity letter you pro tded with its ICastigar exception and she does not want to testify and e I not 5" Amendment grounds. With this client, I am sorry, but I must have a formal grant f • f re she will say anything. ! GOVERNMENT EXHIBIT A Case No. 08-80736-CV-MARRA P-000146 EFTA00185325

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: January 24, 2007 DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Federal Grand Jury Subpoena Dear Jim: A new grand jury has been aneled and I have enclosed a new subpoena for . As I mentioned earlier, Ms. is not a target of this investigation and the United States seeks her testimony solely as, a victim/witness. During our last conversation regarding Ms. , you indicated that she was unwilling to speak with us pursuant to a Kastigar letter and that she also was unwilling to speak with.the grand jury and intends to invoke the Fifth Amendment if questioned. Please confer with her to confirm whether this remains her position. If it is, please advise in writing. Even if Ms. is inclined to invoke her Fifth Amendment rights, she must still appear pursuant to the subpoena so that I may ask her questions that would not require the invocation of the Fifth Amendment. If she still invokes, I intend to move to compel her answers. If you or your client is unavailable on February 6, 2007, please let me know of another Tuesday when you are available. I also am concerned about a potential conflict of interest in your representation of Ms. M . In case of future litigation regarding this issue, please provide me with information regarding who is paying (directly or indirectly) for your services on behalf of Ms. M, the scope of your representation and whether you are taking .direction on this matter from anyone other than Ms. If any formal or informal joint defense agreements exist, whether in writing or otherwise, please provide a copy of such agreements. If the agreement is purely oral, please provide a written summary of its terms. I! GOVERNMENT EXHIBIT 1 EFTA00185326

JAMES EISENBERG, ESQ. • JANUARY 24, 2007 PAGE 2 I look forward to your response. Sincerely, R. Alexander Acosta By: Assistant United States Attorney EFTA00185327

United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY SUBPOENA FOR: PERSON X DOCUMENTS OR OBJECT[SJ YOU ARE HEREBY COMMANDED to appear and testify before theMofthe United States DiStrict Court at the place, date'and time Specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: DATE AND TIME:. February 6, 2007 1:00pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): ANY AND ALL NOTES, LE HS YOU HAVE RECEIVED FROM JEFFREY EPSTEIN, • PRINTED OR DIGITAL, OF JEFFREY EPSTEIN, ANY AND ALL 13-MAILS, INSTANT MESSAGES, CHATS, TEXT MESSAGES, VOICEMAILS; OR TELEPHONE MESSAGES THAT YOU HAVE SENT TO AND/OR RECEIVED FROM JEFFREY EPSTEIN, *Please coordinate your compliance with this subpoena and confirm the date and time , and location of our appearance with Special Agent Federal Bureau of Investigation, Telephone: This su bpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. This subpoena is issued upon application of the United States of 'Ca Name Address and Phone Ndmber of Assistant U.S. Attorney Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach FL 33401-6235 x3047 Fax: *If not applicable, enter "none" To be wed la Neu arAO110 FORM ORD-2/7 JAN.86 EFTA00185328

EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Criminal Trial Lawyer National Board Of Trial Advocacy Certified Criminal Trial Advocate KAI LI ALOE FOUTS One Marini°, Centre, Suite 704, 250 Australian Avenue South, West Palm Beach, 171,33401 Fax: February 1, 2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear M, I received your letter dated January 24, 2007 with regard to . I must admit I forced myself to wait several days to respond inmtder to "cool. off' and not say anything I would regret later. 116W thatiime has passed; allow ma to respond appropriately. . • . . • d. 1. • If you want to force Ms.• M, a single mother, to come to the grand jury room to personally invoke her Fifth Amendment rights, she will be there: That does remain her position. My only request is that syr it.rovide a babysitter service for her child. I will be there, but I am not paid to babysit and Ms. should not have to someone. It is this type of attitude, that your office refuses to accept the fact that it is Ms. decision not to cooperate with the government that upsets her. Your office fails to recognize that merely coming to court is a problem for a single mother like Ms. and, under these circumstances, appears to be a waste of time at best and, in her mind, personal harassment. 2. Rest assured that there is no conflict of interest in my representation of Ms. . In this case I have always been asked and always will exercise independent judgment to follow my client's independent will. The remainder of your questions as to this matter are really none of the Government's business. 3. I will share with you that one of the reasons for our firm position that Ms. will invoke her Fifth Amendment right and choose not to voluntarily cooperate with the Government is our concern that the Government is not exercising independent judgment in this case. The hiStory of this case his been in the:newspapers., The case is being prosecuted in State court. Despite the state emit pinsecution; the Town of Palm Beach Police Chief went on what can only be • r GOVERNMENT EXHIBIT 1 2 EFTA00185329

EMI , Asst. U.S. Attorney February 1, 2007 Page Two described as a public rampage in the newspaper when the case was not prosecuted to his liking that reminded me of a small child having a public temper tantrum. In my thirty years of experience, I have never seen a law enforcement officer like this publicly make what appeared to be a political case in the newspaper for a prosecution and publicly criticize anyone who got in his way, including the elected State Attorney. This resulted in a federal investigation on a topic no one remembers the Federal Government ever being interested in prosecuting before. Although I am certain that you personally have not had your decision-making process compromised, the appearance that your office is being influenced by the Town of Palm Beach Police Chief's agenda is very real. Under these drcumstance4 don't see how any lawyer; could advise• any client to voluntarily cooperate. Of special contact is that the Town of Palm Beach Police have promoted prosecuting at least one of the girls who allegedly gave massages. One final thought. My client and my fear that Ms. could be prosecuted is enhanced by the demand for the personal appearance made in your letter. Your initial Kastiger letter fell far short of granting the functional equivalent of DOJ immunity. Several months ago I was given the distinct impression through our conversations that you were going to obtain DOS immunity for Ms. Now the government is changing course for no apparent reason. This leads to speculation that the only reason for the turnabout is that prosecution in either state or federal court is being considered by someone. None of the above directed at you personally. I want to repeat that you have always treated us with respect. jvlaybe ur, office should advise the Town Police Chief to act in a similar fashion. EFTA00185330

U.S. Department of Justice United States Attorney Southern District of Florida A. 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: JIM EISENBERG, ESQ. DATE: # OF PAGES: PHONE NO. RE: FAX NO. February 5, 2007 FROM: PHONE NO. ASSISTANT U.S. ATTORNEY COMMENTS : 141 Jilt) — So e- tike cY)44/ti_ bAof -50lArd- a _abet tr have_ Bar's av~S cifignir afrug ocryteLa / GOVERNMENT EXHIBIT EFTA00185331

U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY HAND Ms. do James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Grand Jury Testimony of Dear Ms. 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: February 5, 2007 This letter confirms the understanding between yourself and the United States Attorneys Office for the Southern District of Florida. You have represented that you will truthfully answer questions of the federal government in its investigation of the procurement of prostitutes, amongst others. You will supply complete and truthful information to the attorneys and law enforcement officers of the federal government and to any Federal Grand Jury which may conduct an investigation, as well as in any other proceeding related to or growing out of this investigation. The obligation of truthful disclosure includes your obligation to provide the attorneys and law enforcement officers of the federal government with any documents, records or other tangible evidence within your custody or control relating to the matters about which you are questioned. You will neither attempt to protect any person or entity through false information or omission, nor falsely implicate any person or enfity. No statements provided by you on this date in this matter pursuant to this agreement will be offered into evidence in any criminal case against you, except during a prosecution for perjury and/or diving a false statement. Hoirever, if it is determined that you have materially violated any provision of this agreement, all statements made by you shall be admissible in evidence against you in any proceeding. The federal government remains free to use information derived from the grand jury testimony directly or indirectly for the purpose of obtaining leads to other evidence, which may be used against you. You expressly waive any right to claim that such evidence should not be introduced because it was obtained as a result of the grand jury testimony. Furthermore, the federal government may use statements made in the grand jury testimony and all evidence derived directly or indirectly therefrom for the purpose of cross-examination, if you testify at any trial or if you EFTA00185332

MS. FEBRUARY 5, 2007 PAGE 2 suborn testimony that contradicts your prior statements and testimony. No additional promises, agreements and conditions have been entered into other than those set forth in this letter and none will be entered into unless in writing and signed by all parties. Sincerely, R. Alexander Acosta United States Attorney BY Assistant United States Attorney I have read this agreement and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my agreement with the office of the United States Attorney for the Southern District of Florida. I state that there have been no additional promises, agreements or representations made to me by any officials of the United States in connection with this matter. Dated: February 2007 West Palm Beach, Florida Witnessed by: James L. Ms,. Attorney for EFTA00185333

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: February 5, 2007 DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: n Dear Mr. Eisenberg: I am writing to clarify the ground rules for the interview with your client ("your client"), to occur February , 2007. As I mentioned earlier, Ms. is not a target or subject of this investigation, but instead is being interviewed solely as a victim/witness. However, to address your concern about criminal exposure, if your client complies with every provision of this agreement, then the United States Attorney's Office for the Southern District of Florida ("this Office") will treat all statements made by your client during the interview as statements made pursuant to Rule 11(f) of the Federal Rules of Criminal Procedure. This is not a grant of immunity, which can be given only with approval of the Justice Department, but protects your client from having the statements made by her during the interview from being used against her directly. To guard against any misunderstandings concerning the interview of your client, this letter sets forth the terms of this agreement. Your client agrees to be fully interviewed, that is, to provide information concerning your client's laniviledge of, and participation in criminal activity, including but not limited to the procurement of prostitutes. The protection of this letter applies to an interview that will be conducted by this Office, Special Agents of the Federal Bureau of Investigation, and any other federal law enforcement agency this Office may require. Under this agreement, no information disclosed by your client during the interview will be offered in evidence against her in any criminal or civil proceeding, provided that your client complies with this agreement and that the information your client furnishes is truthful, complete, and accurate. If, however, your client gives materially false, incomplete, or misleading information, EFTA00185334

JAMES L. EisENBERo, ESQ. RE: FEBRUARY 2, 2007 PAGE 2 then this Office may use such information in any matter or proceeding and your client is subject to prosecution for perjury, obstruction of justice, and making false statements to government agencies. Any such prosecution may be based upon information provided by your client during the course of the interview, and such information, including your client's statements, will be admissible against your client in any grand jury or other proceeding. The government also may use statements made by your client in the interview and all evidence derived directly or indirectly therefrom for the purpose of impeachment or cross-examination if she testifies at any trial or hearing, and/or in any rebuttal case against your client in a criminal trial in which she is a defendant or a witness. These provisions are necessary to ensure that your client does not make or offer any false representation or statement in any proceeding or to a government agency or commit perjury during any testimony. Your client further agrees that attorneys for the United States may be present at the interview, and agrees not to seek disqualification of any such government attorney from any proceeding or trial because of their participation at the interview. The entire agreement between the United States and your client is set forth in this letter. No additional promises, agreements, or conditions have been entered into and none will be entered into unless in writing and signed by all parties. If the foregoing accurately reflects the understanding and agreement between this Office and your client, it is requested that you and your client execute this letter as provided below. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney I have received this letter from my attorney, James L. Eisenberg, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my understanding and agreement with the Office of the United States Attorney for the Southern EFTA00185335

JAMES L. EISENBERG, ESQ. EB: FEBRUARY 2, 2007 PAGE 3 District of Florida. I state that there have been no additional promises or representations made to me by any official of the United States Government or by my attorney in connection with this matter. Dated: Witnessed by: James L. Eisenberg, Esquire EFTA00185336

U.S. Department of Justice Authorization for Reimbursement of Unusual Expenses of Fact. Witnesses Request for Unusual Expense(s) of Fact Witness (For United States Attorney's Office Use Only) Control # 1. Case Name tiDia 2. Court Docket Number 3 i A -4. L Wesi- ation of Court Floc ding PoIni 5. Contact Person 6. Contact Person Number 7. Witness Name & Address, Phone #, SSN 8. Vendor Name & Address, Phone #, TIN/SSN 9. Pa ment to be made to: 10. Receipt/Invoice Is: 11. Type of Unusual Expense: Medically Necessary Item (Attached Supporting Statement) laDependent Care Excess Lodging/Per Diem Travel & Transportation Pretrial Conference Waiver Other 12. Explanation: VAL (A)190,44 h t4 a n 0.014 hitt "II) OYU. (AA CC CA:tia Go/AA,t.e. ski. tecithicoLetel- tfta k i l fhe 40Mtd- • 13. Start Date of Service (MO/DANR) ZIG /0 7 14. End Date of Service (MO/DANR) 2-/‘ A) 7 15. Amount 16. Justification: 17. I hereby certify that the expenses and services listed on this document are appropriate and are within the Federal laws and regulations. I fully understand that I can be held personally liable or be subject to disciplinary action for improperly using government funds or services that exceed delegated authority or that violate Federal laws or regulations. Signature of Requesting AUSA Date 18. Name & Title of Approving Official 19. Date (MO/DA/YR) 20. Signature of Approving Official GOVERNMENT EXHIBIT EFTA00185337

EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Criminal Trial Lawyer National Board Of Trial Advocacy Certified Criminal Trial Advocate KM LI ALOE POUTS One Cleariake Centre,Suite 704,250 Australian Avenue Soutb,WestPalm Beach,FL33401 February 12, 2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear MO AsakvayS, it was;a pleasure speaking to you the other day. Pursuant to. our telephone conference I am writing this letter to.proffer my:concerns for should she testify without immunity before a federal grandjurt.:Tberefore, allowme to reiterate at Ms.:Ivallerwill refuse to voluntarily cooperate with the federal government She has a good faith basis for her position under the Fifth Amendment to the United States. Constitution. We, of course, do not live or work in a vacuum. We have read many inflammatory remarks the Town of Palm Beach Police Chief has made to the media about the state court's handling of the Jeffrey Epstein investigation. The police chiefs remarks frighten both myself and my client. I am aware that the town police have prepared documents to charge at least one of Mr. Epstein's lady friends in state court. If they can push to have one lady charged I remain unconvinced that they do not have the ability or political clout to push to have other ladies such as Ms. charged. The proffered facts that raise my concerns are being provided via this proffer letter. Pursuant to our telephone conference agreement, this letter and its contents cannot be used against Mr. Ms. is not at all certain of dates. She does remember meeting Mr. Epstein about three years ago. She is not certain of her age, it could have been when she was sixteen. A girlfriend asked her if she wanted a job giving massages. Ms. agreed because she had knowledge of massages through her mother, who was a masseuse. Ms went tolvtrEpstein?s house via taxi. Ms. girlfiiendinstnieted Ms: that, if asked,. she had to tell Mr.Epstein that she - was eighteen. years old. The.II. was nineteen years old and looked old forher age, so passing for eighteen was not a problem. At [ ! GOVERNMENT I EXHIBIT i 5 EFTA00185338

the home Ms. net Mr. Epstein and later gave him a massage. The friend had told Ms. to give the message topless. Mr. Epstein told that if she were at all uncomfortable. topless, not to do it and it was not a requirement o employment as a masseuse. Ms. ever touched Mr. Epstein in a sexual way and Mr. Epstein never touched Ms. t all. one point, Mr. Epstein did ask Ms. =her age. Ms. =insisted that she was et teen years old. Ms. =continuqd to see Mr. Epstein over time and massages were given in a similar fashion. She was later asked if her friends wanted to work in a similar way and she asked some girls who did give Mr. Epstein massages. Ms. was never asked to bring girls of any age to Mr. Epstein's home. When she did have her friends ome over, she instructed all of them that if asked, they insist that they were eighteen years old. She is not certain at all of any of these girls' real ages. In summary, our concern is that if the government believes that Mr. Epstein committed some federal offense, Meals. =could he considered a co-conspirator. We believe no crime was committed. The Fifth Amendment was not intended to protect the guilty, however. It was enacted to protect citiwms who fear prosecution notwithstanding their innocence. Our fear of any prosecution, especially ' f the Town police chiefs public remarks, is clearly in good faith. EFTA00185339

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA n> 0 0 ....-.1 • :!. Iv, Z., on-: :1•• Ci NORTHERN (WEST PALM BEACH) DIVISION O ; ; - 0 7.0..0 -..: I FGJ 07-103(WPB) r- • • CI I • -O I IN RE: GRAND JURY PROCEEDINGS SEALED ORDER On Application of the United States Attorney for the Southern District of Florida, and it appearing to the satisfaction of the Court: 1. That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida, including a Grand Jury impanelled therein; and 2. That in the judgment of the said United States Attorney, has refused to testify and provide other information on the basis of her privilege against self-incrimination; and 3. That in the judgment of the said United States Attorney, the testimony and other information from may be necessary to the public interest; and 4. That the aforesaid Application has been made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to GOVERNMENT EXHIBIT EFTA00185340

provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, including a Grand Jury impaneled therein, as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this Order (or any information directly or indirectly derived from such testimony or other information) may be used against in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. IT IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed. R. Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order to members of the Grand Jury, to the witness, to counsel for the witness, and to law enforcement officers engaged in the investigation pending before the Grand Jury. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others. cc: DONE and ORDERED this AUSA day of April, 2007 t Palm Beach, Florida. 2 DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE EFTA00185341

United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Tues./No. OLY-13/2 SUBPOENA FOR: PERSON et DOCUMENTS OR OBJECTS] YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date'and time Specified below. 'PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room • DATE AND TIME:, February 6, 2007 1:00pm" YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): ANY AND ALL NOTES, L RS CARDS GIFTS PAYMENTS AND PHO RAPHS YOU HAVE RECEIVED FROM JEFFREY EPSTEIN, PRINTED OR DIOITAL, OF JEFFREY EPSTEIN, AND • • ANY/a ntRTHER ANY AND ALL E-MA1LS, INSTANT MESSAGES, CHATS, TEXT MESSAGES, VOICEMAILS .EP MESSAGES THAT YOU HAVE SENT TO t hiliffa RECEIVED FROM JEFFRECY EPSTEIN, AND/OR • *Please coordinate your compliance with this sub oena and confirm the date and time , and location of our a earance with Special Agent Federal Bureau of Investigation, Telephone: This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. This subpoena is issued upon application of the United States of America •If not applicable, enter"none. To Fc us< Name Address and Phone Number of Assistant U.S. Attorney Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach. FL 33401-6235 • Tel: Fax: lieu of AO! 30 FORM ORD-227 IAN.86 EFTA00185342

Respondent's Exhibit A Case No. 08-80736-CIV-MARFtA UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 AND JANE DOE #2, Petitioners, vs. UNITED STATES, Respondent. DECLARATION E. declares as follows: I. I am a Special Agent in the Federal Bureau of Investigation (FBI) and have been so employed since 1997. I am currently assigned to the West Palm Beach office of the FBI Miami Field Division. 2. In 2006, I was assigned as the case agent in an investigation into allegations that Jeffrey Epstein had engaged in unlawful sexual contact with girls under the age of 18. The case was called Operation Leap Year. FBI Special Agent and I conducted most of the investigation, and worked with the U.S. Attorney's Office, on Operation Leap Year. 3. Over the course of the investigation, the FBI obtained hundreds of documents through the use of grand jury subpoenas, public records, and law enforcement databases. FBI agents conducted interviews with females believed to have been sexually abused by Mr. Epstein and underage at the time of the assault, as well as other individuals who might have relevant information. The interviews are memorialized and prepared by the interviewing FBI agent. The interview reports of the young women interviewed contain highly personal and intimate details, EFTA00185343

Respondent's Exhibit A Case No. 08-80736-CIV-MARRA which would cause embarrassment to the young women if disclosed to third parties. For those interviewed who did not reveal any intimate details, many will be displeased if their cooperation with the FBI is made public. In my experience, individuals are reluctant to cooperate with law enforcement for fear of being singled out, harassixl, embarrassed, or subjected to retaliation if their cooperation is disclosed to third parties. 4. The case file on Operation Leap Year also contains FBI agents' analysis of information obtained during the course of the investigation. These written analyses of the evidence reveal potential theories of criminal liability based on the evidence uncovered in the case. Information contained within FBI investigative files can also reveal sensitive FBI investigative and operational methods, procedures and techniques. While it is publically known that the FBI conducts investigations into the type of criminal wrongdoing committed by Jeffrey Epstein, disclosing the precise details of the sensitive methods, procedures and techniques employed during an investigation might compromise their future effective use. It is critical that the FBI's investigative tools remain confidential to both retain an element of surprise and to prevent countermeasures to such tools from being employed by targets and suspects. 5. During the course of Operation Leap Ycar, I interviewed and heard the personal account of sexual abuse committed by Mr. Epstein on the young women. They suffered emotionally, and some were referred by the FBI to mental health professionals because of the psychologically harmed caused by Mr. Epstein. In at least one instance, mental health professionals were involved to help prevent one young woman from physically harming herself. 6. The disclosure of personal information, contained in the FBI investigative file, to third parties would not merely cause further embarrassment but could result in additional psychological trauma, disruption of family relationships, disruption of professional careers and 2 EFTA00185344

Respondent's Exhibit A Case No. 08-80736-CN-IAARRA possible public release of personal information. 7. Operation Leap Year remains an open case. 8. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on September 3, 2013. pedal gent Federal Bureau of Investigation West Palm Beach, Florida 3 EFTA00185345

U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm FL 33401 Phon Fax: January 10, 2008 James Eisenberg One Cleariake Center Ste 704 Australian South West Palm Beach, FL 33401 Re: laaa Dear James Eisenberg: You have requested to receive notifications fo This case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after • receiving clear and convincing evidence, determines that testimony by the victim would bo materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or Indictment of an individual for the crime, and It will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to those rights. The Victim Notification System (VNS) is designed to provide you with direct Information regarding the case as it proceeds through the criminal justice system. You may obtain current Information about this matter on the Internet at WWW.Notlfy.USDOJ.GOV or from the VNS Call Center at 1.866-DOJ-4YOU (1.866-365- 4968) (TDDf FTY: 1-866-228-4618) (International: 1-502.213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your dectslon about participation in the notification program. If yuu update your information to Include a current email address. VNS will send information to that address. You will need tho following Victim Identification Number (VIN) '1941741' end Personal Identification Number (PIN) '7760' anytime you contact the Call Center and the first time you boy on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Eisenberg. ACJI6C GOVERNMENT EXHIBIT CASE NO. 03410736-Cil•MARK, EXHIBIT NO. 4 EFTA00185346

If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact Information current. Sincerely. Victim Specialist EFTA00185347

May 30.2008 Re: U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm B 33401 Pho • Fax: • GOVERNMENT EXHIBIT CASE NO. 1/111073642V-MARIV EXHIBIT NO. s Deer 5 Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we are Investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their tights under federal law. These rights include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regarding the status of your case. This case Is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, alter receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated wkh fairness and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorneys Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) Is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365- 4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. if you update your Information to include a current email address, VNS will send Information to that address. You will need the following Victim Identification Number (VIN) '2074381' end Personal Identification Number (PIN) '1816' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is lip EFTA00185348

It you have additional questions which Involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current. Sincerely, Victim Specialist TOTAL P.07 EFTA00185349

U.S. Department of Justice United Slates Attorney Southern District of Florida 500 South Australtan Ave Suite 400 Irest Palm Bench. FL 33401 Facsimile: June 7, 2007 DELIVERY BY HAND Re: Crime Victims' and Witnesses' Rights Dear Miss Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court dctern»nes that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. It Members of tie U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these ri s are protected. If you have an concerns in this regard, please feel ate to contact me at or Special Agent from-the Federal Bureau of Investigation at You al • the Justice Department's Office for Victims of Crime in Washington, D.C. at That Office has a website www.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00185350

PAGE? JUNE?, In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you are a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violatlattbe la w However, if you are contacted, you have the choice of speaking to that person or refusing Ledo to: If you refuse and feel that you are being threatened or harassed, then please ' 'contact Special Agent'or myself. You also are entitled to notification of upcoming case events. At this time, your case is under investigation! If anyone is charged in connection with the investigation, you will be notified. Sincerely, By: cc: Special Agent F.B.I. R. Alexander Acosta s United States Attorney Assistant United Slates Attorney If EFTA00185351

Ns, U.S. Department of Justice United Stales Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm °each, FL 33401 Facsirnek: August I f, 2006 DELIVERY BY HAND Miss Re: Crime Victims' and Witnesses' Rights Dea Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those lights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered i f you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided-in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. • f Members of the U.S. Departrfient of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these ar protected. If you have an concerns in this regard, please feel free to contact me at or Special Agent from the Federal Bureau of Investigation at You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights, listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00185352

MISS lean AUGUST l 1, 2006 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and I., . from intimidation and harassment. If the Court determines that you are a victim, you ..1. . entitled to restitution from the perpetrator. A list of counseling and medical service p be provided to you, if you so desire. If amity is subjected to any int' harassment, please contact Special Agent or myself immediately. It is p• someone working on behalf of the targets of the investigation may contact you. Such c, not violate the law. However, if you are contacted, you have the choice of speaking to ii, . or refusing to do so. If you refuse and feel that you are being threatened or harassed, di, • Contact Special Agent or myself. You also are entitled to notification o fupcoming case events. At this time, your investigation. If anyone is charged in connection with the investigation, you will be not Sincerely, By: cc: Special Agent F.B.I. R. Alexander Acosta Assistant Uni a es orney EFTA00185353

L)...2. 7...•• V.J I U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Fax Fax: January 10, 2008 Re: Case Numbed Dear This case is currently under Investigation. This can be a lengthy process end we request your continued patience while we conduct a thorough investigation. As a alms victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence. determines that testimony by the victim would be materially altered If the victim heard other testimony at that proceeding; (4) The tight to be reasonably heard at any ()Wilk OrtiCeeding In the district court Involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with me attorney for the Government In the case; (6) The right to full end timely restitution as provided In law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness end with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an Individual for the crime. and it wil become the responsibility of the prosecuting Untied States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect lo these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain cunent Information about this matter on the Internet el WWN.Notify.USDOJ.GOV or from the VNS Call Center at 11366-00J-4YOU (1-866-365- 4968) (T0WT7Y: 1.866.228.4619) (International; 1.502-213-2767). In addition, you may use the Call Center or Internet to update your contact information andfor change your decision about participation in the notification program. If you update your Information to include a Current email address, VNS will send information to that address. You will need the bellowing Victim Identification Number WIN) '1941737' end' Personal iden08cation Number (PIN) '5502' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access Itte VNS Internet site, you will be prompted to enter your last name (or business name) es currently contained in VNS. The name you should enter Is a EFTA00185354

w. IJJIJ VJJs r. uwur If you have additional questions which Involve this matter, please contact the office listed above. When you call, please provide the rde number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current. Sincerely, victim specialist EFTA00185355

JUL D.A.' O,JI c N./ U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone Fax: January 10, 2008 James Eisenberg One Clear:lake Center Ste 704 Australian South West Palm Beach, Ft. 33401 Re:SP Dear James Eisenberg: You have requested to receive notifications for This case Is currently under Investigation. This can be a lengthy process and we request your continued patience wNlo we conduct a thorough investigation. As a aims victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate. and timely notice of any public court proceeding, or any parole proceedIng, Involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding. unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these nghts pertain to events occurring after the arrest or Indictment of an individual for the crime, and It will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notlicatl0n System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current Information about this matter on the Internet at WWW.Nottfy.USDOJ.GOV or from the VNS Call Center at 1-886-DOJ-4YOU (1-866-365- 4968) (TDD/TTY: 1.866.228.4619) (International: 1.502.213-2767). In addition, you may use the CaN Center or Internet to update your contact information and/or change your decision about participabon in the notdicatton program. If you update your Information to Include a current email address. VNS will send information to that address. You will need the folowing Victim Identification Number (VIN) '1941741' end Personal Identification Number (PIN) '7760' anytime you contact the Call Center and the first time you log on to VNS cm the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your lest name (or business name) as Currently contained in VNS. The name you should enter is Eisenberg. EFTA00185356

DOL 000 ODDl r.tssiier If you have additional questions which Involve this matter, please contact the office listed above. When you call, please provide the file number located M the top of this letter. Please remember, your participabon in the nOttficatIon part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact Information current. Sincerely. Victim Specialist EFTA00185357

• U.S. Department of Justice United Slates Attorney Southern District of Florida 300 South Australian Ave 400 west Palm Beach. FL 3340! June 7, 2007 DELIVERY BY HAND Mis Re: Crime Victims' and Witnesses' Rights Dear Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights arc: (I) The right to be reasonably protected from the accused. (2) The tight to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. it Members of tie U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at or Special Agent frowthe Federal Bureau of Investigation at You also• can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.307-5983. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, it you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00185358

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 9 of 21 MISS COOS sAllib JUNE 7. 2007 P'iGE 2 In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent iumpaielbr myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violailitise lam- However, if you are contacted, you have the choice of speaking to that person or refusing led° So. If you refine and feel that you are being threatened or harassed, then please . . contact Special Agent or myself. You also are entitled to notification of upcoming case events. At this time, your case is under investigation! If anyone is charged in connection with the investigation, you will be notified. Sincerely, R. Alexander Acosta United Stales Attorney By: Assistant United States Attorney cc: Special Agent F.B.I. ff EFTA00185359

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 U.S. Department of Justice United Stales Attorney Southern Distract of Florida SOO South eltatahan Arc., Suite 400 West Palm Ocach FL 33401 acsimtle: August I I, 2006 DELIVERY BY HAND Mis Re: Crime Victims' and Witnesses' RighA Dear Miss I fifirS t r ite- GOVERNIRENT EXHIBIT s-s0736-CV•filASRA tiXHIMT 7 NO. Pursuant to the Justice for All Act of 2004. as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determ nes that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. rr Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at, or Special Agent i from the Federal Bureau of Investigation at You also can contact the Justice Department's Office for Victims of Crime In Washington, D.C. at 202-307.5983. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights, listed above and, if you believe that the rights.set forth above are being violated, you have the right to petition the Court for relief. EFTA00185360

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 11 of 21 Miss Atkiusrll,2006 Picot. 2 In addition to these rights, you are entitled to counseling and medical services, and in from intimidation and harassment. If the Court determines that you arc a victim, you entitled to restitution from the perpetrator. A list of counseling and medical service pi o. be provided to you, if you so desire. If ou or our family is subjected to any intl.] • harassment, please contact Special Agent or myself immediately. It is someone working on behalf of the targets of the investigation may contact you. Such cur' not violate the law. However, if you are contacted, you have the choice of speaking to th . or refusing to do so. Ifyou refuse and feel that you are being threatened or harassed, olu• Contact Special Agent or myself. You also areentitled to notification of upcoming caseevents. At this time, you: t. • investigation. I r anyone is charged in connection with the investigation, you will he ii' Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Special Agent F.B.I. if EFTA00185361

Case 9:Q13:cv:80736-KAM Document 14 Entered on FLSD Docket 07.135/29.08JJPage 12,O1.21 Nee January 10, 2008 Re: Case Number Dear Niro U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Hagler Drive West Paim Beach. FL 33401 Phone Fax: (1 This case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough Investigation. As a alma victim, you have the following rights under 18 United States Code § 3r r1: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, trivolving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, tailless the court, after receiving clear and convincing evidence. determines that testimony by the victim would be materially altered it the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court Involving release, plea, sentencing, of any parole proceeding; (5) The reasonable right to confer with the attorney for the Government In the case; (6) The right to full and timely restitution as provided In law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. We wRI make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an Individual for the crime. and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney mei respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal Justice system. You may obtain current Information about tins matter on the Internet al WVVW.Nottly.USDOJ.GOV or horn the VNS Call Center at 1-866-DOJ-4YOU (1 -866-365- 4968) (TDD/TTY: 1-866-228-4819) (International: 1-502-213.2767). In addition, you may use the Can Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your Information to include a current email address. VNS will send information to that address. You wl6 need the following Victim Identification Number WIN) '1941737' and' Personal Identification Number (PIN) '5502 anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be promolgito enter your last name (or business name) es currently contained in VNS. The name you should enter Ise leaf --'ilOVERNUENT CASE Na 03-Eo;11-CV-MARRA Exrilarr NO. 3 EFTA00185362

Case 9:08-tv-813736-KAM acicument 14 Entered on FLSD Docket 07tTS/21108"Pagel ntni1 \way' If you have additional questions which Involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember. your participation in the notification part of this program it voluntary. In order to continue to receive notifications. it is your responsibility to keep your contact information current. Sincerely, Man Specialist EFTA00185363

Case 9.013.cv:807.36-KAM .Document 14 Entered on F LSD Docket 07/46/240892-Page 14111'21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West 3401 Phon Fax: January 10.2008 James Eisenberg One Cleedake Center Ste 704 Australian South West Palm Beach, Ft. 33401 Re: anallia l Dear James Etsenborg: You have requested to receive nOtificationt tor Thin case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. Asa crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from theaccused; (2) The right to reasonable, accurate, and timely mince of any public court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the accused; (3) The Right not to be excluded from any such public court proceeding, unless the court, after reosivktg clear and convinOng evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court Involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided In law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness and with respect for the vicUm's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or Indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Noitficati0n System (VNS) is designed to provide you with direct Information regarding the case as It proceeds Uvough the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Nottfy.USDOIGOV or from the VNS Call Center at 1.886-DOJ-4YOU (1-866-365- 4968) (TDD/TTY: 1.866-228.4619) (international: 1.502213.2767). In addition, you may use the Cell Center or Internet to update your contact information end/or change your decision about participation in the notrfication program. If you update your Information to include a current email address. VNS will send information to that address. You will need the following Victim Identification Number (VIN) '1941741' and Personal Identification Number (PIN) '7760' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Eisenberg. EFTA00185364

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/46/2O68,,Page t151ald21 If you have additional quistdionS which Involve this matter, please contact the office listed above. When you cell, please provide the file number located et the top of this letter. Please remember, your participation in the notification part of this progrern is voluntary. In order to continue to receive notifications. 11 is your responsibility to keep your contact InfOrnybon current. Sincerely, Victim Specialist EFTA00185365

Case 9:08-cv:80736-KAM May 30. 2008 Re: Oct Document 14 Entered on FLSD Docket 0714572 %of U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South 'Molar Drive West P 33401 Pho • Fax: Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we are Investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights Include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VMS is designed to provide you with information regarding the status of your case. This case Is currently under Investigation. This can bee lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate. and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court Involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government In the case; (6) The right to full and timely restitution as provided to law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you ere accorded the rights described, Most of these rights pertain to events occurring after the arrest or indictment of an indlvklual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are aCtOrded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) Is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USD0J.GOV or from the VNS Cell Center at 1.866-DOJ-4YOU (1-866-365- 4968) (TDD)TTY: 1466-228-4619) (international: 1-502-213.2767). In addition, you may use the Call Center or Internet to update your contact information andfor change your decision about participation in the notification program. if you update your Information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '2074381' and Personal Identification Number (PIN) '1816' anytime you contact the Call Center and the first time you log or. to VNS on the Internet. In addition, the first the you access the VNS Internet site, you will be prom nter your last name (or business name) as currently contained in VMS. The name you should enter is EFTA00185366

C-ave-9:O8-cv-80736-KAM Document 14 Entered on FLSD Docket 07/46/290&, -PagelPeoP21 sa---- II you have additional questions which Involve this matter, please contact the office listed above. When you cell, please provide the file number located at the lop of this letter. Please remember, your participation in the notincation part of this program Is voluntary. In order to continue to receive notifications, It is your responsibility to keep your contact information current. Sincerely, chm peva '51 TOTAL P.07 EFTA00185367

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Pa .e 18 of 21 U.S. Department of Justice United States Attorney Southern District of Florida ! GOVERNMENT EXFNBIT 0-80736-O/MARRA EXHIBIT NO. 6 500 South Australian Ave.. Suite 400 Ws, Palm Beach, FL 33401 Facsimile: July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein 1 NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMJ3 and 2008-cf- 00938 I AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00185368

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM ea vaiP JULY 9, 2008 PAGE 2 or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client,' is an individual whom the United Slates was prepared to name as a victim of an enumerated offense. et Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, ie you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents' for the health and well-being of Ms. By: cc: Jack Goldberger, Esq. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT U.S. ATTORNEY • EFTA00185369

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 20 of 21 U.S. Department of Justice United States Attorney Southern District of Florida AOMO GOVERNMENT EXHIBIT CASE Naos-71073 -(V-MARRA EXHIBIT Na 7 500 South Australian Ave., Suite 400 West Palm Beach FL 33401 Facsimile: July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein1 IDENTIFIED VICTIM Dear Mr. Edwards: NOTIFICATION OF By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your clientl On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 00938 I AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00185370

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 •••• •••• iiatv BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM SEMINIS Jun, 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, s an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of m self and Special Agents for the health and well-being of Ms. It. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. ASSISTANT U.S. ATTORNEY EFTA00185371

Exhibit Number f?e)7<uort)t ti 3 Lok —IS GOVERNMENT SUMMARY JUDGMENT EXHIBITS Jane Doe 1 and 2 v. United States Item E-mail from Jim Eisenberg to October 24, 2006 N O approval of 18 U.S.C. § 6001 Immunity for TM i sNAbril 24, 2007 TM Interview Transcript N i31 cember 21, 2007 letter from Lefkowitz to Acosta N gust 11, 2006 victim letter to TM gust 11, 2006 victim letter to CW Epstein appeal letters to CEOS • May 15, 2008 letter from Oosterbaan to Leflcowtiz • June 23, 2008 letter from John Roth to Lefkowitz \limuary 2008 FBI victim letters ' November 28, 2007 letter, Ken Starr to Alice Fisher Nlilecember 11, 2007 letter, Lefkowitz to Acosta Attorney General Guidelines (2005), Victim and Witness Assistance November 27, 2007 email, Sloman to Lefkowitz • December 26, 2007 letter, Lefkowitz to Acosta Complaint, E.W. v. Epstein (CW) Complaint, L.M. I. Epstein (TM) S/A Kuyrkendall Declaration of 0 I oi I a EFTA00185372

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 AND JANE DOE #2, Petitioners, vs. UNITED STATES, Respondent. SECOND DECLARATION OF E. 1, E. declare as follows: 1. I am a Special Agent in the Federal Bureau of Investigation (FBI) and have been so employed since 1997. I am currently assigned to the West Palm Beach office of the FBI Miami Field Division. 2. In 2006, I was assigned as the case agent on the investigation of Jeffrey Epstein, which was referred to as Operation Leap Year. 3. As part of that investigation, I attempted to interview Jane Doe #2 at her residence. Jane Doe #2 was walking to her vehicle, and she refused to speak with me. 4. I returned to my vehicle to get a grand jury subpoena for Jane Doe #2 and handed it to her. Jane Doe #2 threw the grand jury subpoena onto the ground. I then verbally instructed her that it was a court order and she was expected to appear at the grand jury at the location, date, and time that appeared on the subpoena. Jane Doe #2 got into the vehicle and drove away without speaking to me. EFTA00185373

5. Jane Doe #2 later obtained counsel and appeared for a videotaped interview on April 24, 2007. During the videotaped interview, Jane Doe #2 expressed her opinion that Jeffrey Epstein should not be prosecuted. She said, "I hope Jeffrey, nothing happens to Jeffrey because he's an awesome man and it would really be a shame. It's a shame that he has to go through this because he's an awesome guy and he didn't do nothing wrong, nothing." 6. Other than these events, neither I nor any other FBI agent had any contact with Jane Doe #2 during the course of the investigation. Jane Doe #2 never contacted me or my co-case agents asking for information about the investigation or asking to confer with anyone from the government about the resolution of the matter. 7. On August 7, 2007, my co-case agent and I interviewed Jane Doe #1 as part of the investigation of Jeffrey Epstein. At no time during that interview did Jane Doe #1 ask to confer with anyone from the government about any potential criminal charging decisions or about any potential resolution of the matter. An FBI report was prepared. Between the time of the interview and the signing of the Non-Prosecution Agreement in September 2007, Jane Doe #1 never contacted me or my co-case agent asking for information about the investigation or asking to confer with anyone from the government about any potential criminal charging decisions or about the resolution of the matter. 8. In October 2007, my co-case agent and I met with Jane Doe #1 at a Publix grocery store in Palm Beach Gardens. We were meeting with Jane Doe #1 to advise her of the main terms of the Non-Prosecution Agreement. Among other information I provided, I told Jane Doe #1 that an agreement had been reached, Mr. Epstein was going to plead guilty to two state charges, and there would not be a federal prosecution. 2 EFTA00185374

9. After my co-case agent and I met with Jane Doe #1 and two other victims, I became concerned about what would happen if Jeffrey Epstein failed to perform his obligations under the Non-Prosecution Agreement. If Mr. Epstein breached or failed to perform those obligations, then the government would need to be ready to proceed with a prosecution. I was concerned that if the victims were informed of the Non-Prosecution Agreement, which included an option for victims to seek monetary damages in a civil matter, then Epstein's counsel would use the notifications to impeach me and the victims if a prosecution were to proceed in the future. Accordingly, after conferring with the U.S. Attorney's Office, a decision was made that no further notifications would be made at that time. 10. After the Non-Prosecution Agreement was signed, in the last quarter of 2007 and continuing through 2008, the investigative team felt that there was a possibility that Epstein would breach or fail to perform the terms of the Agreement. Accordingly, the investigation continued in case the prosecution of Epstein would later proceed. The continuing investigation included additional witness interviews, service of grand jury subpoenas, and testimony before the grand jurY. 11. On January 31, 2008, as part of the continuing investigation of Jeffrey Epstein, I participated in an interview of Jane Doe #1 with from the U.S. Attorney's Office and from the Justice Department. Jane Doe #1 was re-interviewed in case Epstein breached or failed to perform under the Non-Prosecution Agreement. 12. Throughout the investigation, we interviewed many victims that fell within the scope of Mr. Epstein's criminal activity. A majority of the victims expressed concern about the possible disclosure of their identities to the public. A number of the victims raised concerns about having to testify and/or their parents finding out about their involvement with Mr. Epstein. 3 EFTA00185375

Additionally, for some victims, learning of the Epstein investigation and possible exposure of their identities caused them emotional distress. Overall, many of the victims were troubled about the existence of the investigation. They displayed feelings of embarrassment and humiliation and were reluctant to talk to investigators. Some victims who were identified through the investigation refused even to speak to us. Our concerns about the victims' well-being and getting to the truth were always at the forefront of our handling of the investigation. 13. During interviews conducted from 2006 to 2008, no victims expressed a strong opinion that Epstein be prosecuted. As noted above, Jane Doe #2 expressed her opinion that nothing should happen to Epstein. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED on May , 2017. E. Special Agent Federal Bureau of Investigation West Palm Beach, Florida 4 EFTA00185376

Case 9:08-cv-80736-KAM Document 48-2 Entered on FLSD Docket 03/21/2011 Page 1 of 6 JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDIES CASE NO: 08-80736-Civ-Marra/Johnson EXHIBIT B EFTA00185377

Case 9:08-cv-80736-KAM Document 48-2 Entered on FLSD Docket 03/21/2011 Page 2 of 6 FO.302 (Rev. 10-64$) FEDERAL BUREAU OF INVESTIGATION Date of transcription 08/14/2007 interviewed in West Palm Beach, Florida, re ing a e era investigation involving the sexual exploitation of minors. After being advised of the identity of.the interviewing agents and the nature of the interview,arovided the following information: In 2003 or 2004 -was introduced to JEFFREY EPSTEIN for the purpose of providing him with personal massages. W was approached at a party by a female she believed was named C ISE. She described the female as havin ro hair and taller. The female was later identified as . ellap told Wealland WS's friend,-, that they could make money by providing massages to EPSTEIN. told WS that she could provide the massages with her clothes on or off. me, who was fifteen years old, believed that she was close to turning sixteen when she first met EPSTEIN. However, during es first contact with EPSTEIN, she told him that she had just turned eighteen. Beach by taxi. and WP traveled to EPSTEIN's residence in Palm wiimi ti regnant at the time. Once at the residence, Sair took W pstairs. EPSTEIN entered the room wearin only a ro e. Once EPSTEIN had removed the robe, both and WOOMOprovided EPSTEIN with a massage. Both and wellhad removed their clothing and remained only in their underwear. EPSTEIN asked UMMEMOI to leave. Once alone with Willa EPSTEIN began to masturbate. WOMMrwas uncomfortable. After EPSTEIN climaxed the massage was over. win believed that IMIIMINIIS had mentioned EPSTEIN might masturbate during the massage but she was st,ill very surprised when he masturbated. EPSTEIN paid NMI $200.00. EPSTEIN did not touch'eduring that massage. NNW departed EPSTEIN's residence with two men that worked for EPSTEIN. They drove WIMMito a Shell Gas Station located near Okeechobee Boulevard and the Florida Turnpike. Prior to departing the residence, Wile provided her telephone number to one of EPSTEIN's assistants, IMMINIMMO (PHONETIC). WANNIdescribed her as a very pretty Hispanic female in her early twenties, with lon b own hair and approximately 5'5" to 5'6" tall. wiftstated that another o PSTEIN's assistants, or EPSTEIN would usually contact her. would telephone and ask if she was available or if she had any other Investigation on 08/07/2007 at West Palm Beach, Florida Filed 31E-MM-108062 SA E by SA Date dictated 08/07/2007 This document contains neither recommendations nor conclusions of the FBI. h it the property of the FBI and is loaned to your agency: it and its contents are not to be distributed outside your agency. EFTA00185378

Case 9:08-cv-80736-KAM Document 48-2 Entered on FLSD Docket 03/21/2011 Page 3 of 6 FD-302e (Rev. 10-6-95) 31E-MM-108062 CmMustiondFD-M2d WOMEN ,on 08/07/2007 .Page 2 , 4 girls she could bring: When EPSTEIN telephoned, he usually asked for wffillbto come over. According to WS EPSTEIN's house telephone number began with the digs 655. She would call sometimes and leave a message. W stated that when they telephoned her they would inform her of when they would be coming back to town and if she might have anyone new. W-did not believe that EPSTEIN ever really liked her. WOMMitraveled to the EPSTEIN's residence during 2003 and 2004 over twenty five times. Willetelieved that she provided EPSTEIN with approximately 10-15 massages. EPSTEIN initially started out touching WOMB breasts but gradually the massages became more sexual. EPSTEIN would instruct VIMIon how and what to do during the massages. He would request Seto rub his chest and nipples. WIMMOstated that on approximately two occasions, EPSTEIN asked that Wfl remove her underwear and provide the massage nude. Taistated that EPSTEIN would make her feel that she had the option to do what she wanted. During one massage, WOW stated that she had been.givipg EPSTEIN a massage for approximately 30-40 minutes when instead of EPSTEIN turning over to masturbate, EPSTEIN brought another female into the massage area. VIIMPdescribed the female as a beautiful blonde girl, a "Cameron Diaz" type, 19 years of age, bright blue eyes, and speaking with an accent. EPSTEIN had W mow straddle the female on the massage table. EPSTEIN wanted WS to touch the females breast. According to WOW EPSTEIN "pleasured" the female while welliwas straddled on top of the female. WM:stated she could hear what she believed to be a vibrator: W said for EPSTEIN it was all about pleasuring the female. After the female climaxed, EPSTEIN patted Neon the shoulder and she removed herself from the table. The female got up from the table and went into the spa/sauna. EPSTEIN commented to Willipthat in a few minutes the female would realize what had just happened to her. Willftreceived $200.00. wIleadvised the interviewing agents that EPSTEIN had used a back massager on her vagina. EPSTEIN asked her first if he could use the massager on her. WOMMOstated that she had held her breath when EPSTEIN used the back massager on her. WSstated that at no time during any of the massages had EPSTEIN caused her to climax. During another massage, WINMpbelieved by this time she was seventeen, EPSTEIN placed his hand on vagina, touching EFTA00185379

Case 9:08-cv-80736-KAM Document 48-2 Entered on FLSD Docket 03/21/2011 Page 4 of 6 , • FD-302a (Rev. 10-6-95) 31E-MM-108062 Continuation of 9O-302 of .O1) 08/07/2007 .Page 3 clitoiis. Wilftwas uncomfortable and told him to stop. EPSTEIN complied. WIMMIstated that the incident freaked her out. NIIMPstated that EPSTEIN was upset because she was upset. WOMMO never return to the residence. Welestated that she did not deal with EPSTEIN anymore after that incident. EPSTEIN gave both WOMMIand MUMMINEleach a book entitled "Massage for Dummies". They rece' ed the books on the same visit. EPSTEIN also commented how strong hands were when it came to her providing his massages. On another occasion, weementioned to EPSTEIN that she was looking at a car, a Toyota Corolla. EPSTEIN provided qpiewith $600.00 - $700.00. 'L stated that EPSTEIN gave her the money after the incident with the other female. According to wiIII EPSTEIN would ask her to bring him other girls. visid, who started dancing at strip clubs when she was 16 brought girls from the club as well as from other sources. stated she brought girls from fifteen years of age to twenty- five years of age. Illiostated that EPSTEIN would get frustrated with.her if she did not have new females for him. On one instance, EPSTEIN hung up on her because she could not provide him with anyone new. NMIMostated that EPSTEIN's preference was short, little, white girls. Ibullostated that EPSTEIN was upset when one of the other girls brought a black girl. Wiestated that EPSTEIN did not want black girls or girls with tatoos. illestated that one of the girls she stayed with on occasion, OINIMMINS also started providing EPSTEIN with massages. A telephone number for awes ( W_ said that her family resides in , Florida, possibly WOOMPalso stayed with during this same time period. However, never went to EPSTEIN's house or provided him with massages. has a Yacht Club address. Another girl that Wilehad taken to EPSTEIN's residence was LMOMMipLast Name Unknown(LNU). According to r EPSTEIN liked IMMOMMOLNU a lot. ilesaid that she was never a favorite of EPSTEIN. EPSTEIN offered wiglo$300.00 to briarLNU. LNU was a couple years younger than ale W believed that she was either 16 or 17 when she first went to EPSTEIN's residence. WOMMOsaid that Lela LNU went 2-3 times but that she did not want any part of it after that. wiebelieves she could identify T. LNU if she saw her photograph. WOW also stated that LaillitLNU at EFTA00185380

Case 9:08-cv-80736-KAM Document 48-2 Entered on FLSD Docket 03/21/2011 Page 5 of 6 FD-302a (Boo. 10-6-95) 31E-MM-108062 Continuation of FD-302 of a a ,On 08/07/2007 .Psse 4 one time attended HIGH SCHOOL. WOMMOalso believed that they had met through a group of friends while attending - a dropout prevention school. Willementioned another girl by the name of Ce EPSTEIN distinguished the two HINIMINNOW by referring to as fla ISOM worked at an ice cream shop. WIMMOstated that she did not like IMMO, and that UMMEMOW was a storyteller and a bad liar. WOMMOstated that I- never really wanted to go to EPSTEIN's residence but she went anyway. HOOMWsaid that she had not taken a good look at EPSTEIN's penis. WOMPexplained that it seemed like he would always try and hide his penis. memstated that EPSTEIN never asked her for sex. WOMMOstarted dancing when she was sixteen at INOMMMOMMOMI The owner, 1 let her dance. W inahas also worked at f/MISS located in Boynton Beach, Florida. Sib used illegal drugs during the years she provided EPSTEIN with massages. willesaid that EPSTFfIN tried to provide her with advice regarding controlled substances. WOMMIstated that she met with EPSTEIN's attorneys, =PM e and a unidentified female(UF), E HOUSE RESTAURANT. Walpmet with them after she contacted who cord' at they were really working for EPSTEIN. WOMOkstated that also balked of her twin boys and stated that she was living in Manhattan. WOMMPfound out that —and the OF are employed by — They asked a lot of questions. They specifically asked about Linn and a Gila LNU. HOMOOreiterated her dislike for wealso informed the interviewing agents that she had spoken to Moshe believed before the fourth of July. M told wiethat she had met with investigators and that they had videoed her. numbers: WOOMpconfirmed her association to the following telephone Old cellular number - (III) Possibly an old cellular nuMr(ll) telephone number - (...)0,111.111mm EFTA00185381

Case 9:08-cv-80736-KAM Document 48-2 Entered on FLSD Docket 03/21/2011 Page 6 of 6 , FD-302a (Roc 10-6-95) 318-MM-108062 Continuation of FD-302 of a • .On 08/07/2007 .hp 5 t EFTA00185382

• Case 9:08-cv-80736-KAM Document 48-8 Entered on FLSD Docket 03/21/2011 Page 1 of 3 JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDIES CASE NO: 08-80736-Civ-MarraJohnson EXHIBIT H EFTA00185383

Case 9:08-cv-80736-KAM Document 48-8 Entered on FLSD Docket 03/21/2011 Page 2 of 3 4 FD-302 (Rev. 106.95) -1- FEDERAL BUREAU OF INVESTIGATION Date of transmiptioo 02/0812008 On Thursday, January 31, 2008, calidiftemet with Assistant United States Attorney UNITED STATES ATTORNEY'S OFFICE (USAO) and Attorney K. RADEN, UNITED STATES DEPARTMENT OF JUSTICE(DOJ), CRIMINAL DIVISION. Also present at the meeting were Special Agents E. and FEDERAL BUREAU OF INVESTI . e was trar il.rrursuant to a federal investigation regarding the sexual exploitation of minors. During the course of the meeting, WOW' provided the following additional or clarifying information not previously documented in earlier FD-302s: JEFFREY EPSTEIN and his assistants, SARAH and -(identified as and would contact ma to set up appo intments for EPS EIN's massages. According to was would call and say that EPSTEIN was on a flight and inquire about scheduling work for PS Life was not going well for WM/during the time she was providing EPSTEIN with massages. Willawas buying and taking drugs, i.e. Xanax, Lorcets, and Percosets. WURS said that she stayed on pills. WOOexplained that she wanted to feel numb. WOO stopped attending school at age fifteen. Her parents were addicted to crack and cocaine. Prior to her parent's drug use, me was in the band, a cheerleader, and a straight "A" student. We played the trumpet for the school band. When her parent's drug habits got bad, things went downhill, they lost everything. WOOD became a dancer the day before her sixteenth birthday atf - l She worked there for six months, up"until the employer found out she was underage. Later, I worked for which she did for 6 months. 14111 stopped seeing EPSTEIN during that time. NeOstated that she brought up to twenty, twenty-five, or thirty different girls. WSOMIsaid all of the irls but maybe ten of them were underage. Some of the females I brought for EPSTEIN were dancers. WINNisaid that EPSTEIN did not care for all of the girls she brought to him. WENOlexplained that EPSTEIN did not care for some of the dancers, the older females, and the females with tattoos. Investigation on 01/31/2008 at West Palm Beach, Florida RIelf 31E-MM-108062 Date dictated 01/31/2008 This document contains neither recommendations now conclusions of the FBI. It is the property of the FBI and is loaned to your agency. it and its contents arc not to be distributed outside your agency. EFTA00185384

Case 9:08-cv-80736-KAM Document 48-8 Entered on FLSD Docket 03/21/2011 Page 3 of 3 FD-302a (Rev. 10.6-95) 31E-MM-108062 Continuation of FD-302 of 01/31/2008 .Page 2 . said that during the massages EPSTEIN would push further and further regarding the sexual activity. According to el EPSTEIN never asked, "is this okay," he would just see how far one would let him go. Walrecalled seeing sculptures of naked women and lots of pictures of kids in the library. WillIstated that everybody thought Epstein was a neurologist. WIllIalso stated that twin boys. IJn a EFTA00185385

Case 9:08-cv-80736-KAM Document ■ Entered on FLSD Docket 07/19/2013 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Matthewman JANE DOES #1 AND #2, Petitioners, UNITED STATES OF 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. The documents referenced in the Privilege Log are being delivered today to the Chambers of U.S. District Judge Kenneth A. Marra for ex parse in camera review, pursuant to the Court's Omnibus Order. Respectfully submitted, UNITED STATES ATTORNEY By: slA. Villa aft Assistant United States Attorney Florida Bar No. 0018255 500 South Australian Ave, Suite 400 West Palm Beach. FL 33401 Telephone: Facsimile: EFTA00185386

Case 9:08-cv-80736-KAM Document ■ Entered on FLSD Docket 07/19/2013 Page 2 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 19, 2013, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. According to the Court's website, counsel for all parties are able to receive notice via the CM/ECF system. Assistant United States Attorney SERVICE LIST Jane Does 1 and 2'. United States, Case No. 08-80736-CIV-MARRA/MATTHEWMAN United States District Court, Southern District of Florida Brad Edwards, Esq., Fanner Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 [email protected] 954-524-2820 Fax: 954-524-2822 Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, Utah 84112 (801) 585-5202 Fax: (801) 585-6833 E-mail: [email protected] Attorneys for Jane Doe # 1 and Jane Doe # 2 2 EFTA00185387

Care 9:08-cv-80736-KAM Document .1 Entered on FLSD Docket 07/19/2013 Page 1 of 23 PRIVILEGE LOG Bates Range Description Privilege(s) Asserted Box #1 P-000001 thru P-000039 File folder entitled "CORR RE GJ SUBPOENAS" containing correspondence related to various d jury subpoenas and attorney handwritten notes 6(e) Work Product Box #1 P-000040 thru P-000549 Operation Leap Year Grand Jury Log containing subpoenas OLY-01 through OLY-81, correspondence and research related to enforcement of same, documents produced in response to some subpoenas; and attorney handwritten notes 6(e) Work Product Contains documents subject to investigative privilege Also contains documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-000550 thru P-000621 File folder entitled "Ritz Compact Flash SW" containing copies of a sealed search warrant application, warrant, and supporting documents 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-000622 thru P-000693 File folder entitled "PNY Technologies Compact Flash SW" containing copies of a sealed search warrant application, warrant, and supporting documents 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-000694 thru P-000781 File folder entitled "JE Corporations" containing attorney research on Epstein-owned corporations and prior litigation Work Product Contains information subject to investigative privilege Box #1 P-000782 thru P-000803 File folder entitled "Capital One" containing subpoena and correspondence 6(e) Box #1 P-000804 thru P-000854 File folder entitled "DTG Operations/Dollar Rent-a-Car" containing subpoena and responsive documents 6(e) Contains documents and information subject to investigative privilege Also contains documents and information subject to privacy rights of victims who are not parties to this litigation Page 1 of 23 EFTA00185388

Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 2 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-000855 thru P-000937 File folder entitled "JP Morgan Chase" containing subpoena, correspondence, and responsive documents 6(e) Contains documents and information subject to investigative privilege Box #1 P-000938 thru P-000947 File folder entitled "Washington Mutual" containing subpoena, correspondence, and responsive documents 6(e) Contains documents and information subject to investigative privilege Box #1 P-000948 thru P-000982 File folder entitled "Computer Search &" containing legal research on computer search and handwritten notes on indictment preparation Work Product Attorney-Client Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-000983 thru P-001007 File folder entitled "Attorney Notes from Document Review" containing typed and handwritten attorney notes, target letters, correspondence re grand jury subpoena Work product 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-001008 thru P-001056 File folder entitled "Notes from Fed Ex Records" an handwritten and typed attorney notes and screen shots of FedEx subpoena response electronic Ede Work Product 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-001057 thru P-001959 File folder entitled "Colonial Bank Records" containing records received in response to grand jury subpoena 6(e) Contains information subject to investigative privilege Box #1 P-001960 Thru P-002089 File folder entitled "OLY Grand Jury Log Vol 2: OLY-51 THROUGH" containing subpoenas numbered OLY-51 through OLY-81 with related correspondence 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Page 2 of 23 EFTA00185389

Care 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 3 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-002090 Thru P-002169 File folder entitled "Epstein Corporate Records: OLY-51, OLY-52, OLY-53, OLY-54" containing subpoenas, records received in response to subpoenas, and related correspondence 6(e) Contains information and documents subject to investigative privilege Box #1 P-002170 Thru P-002246 File folder entitled "Colonial Bank" containing subpoenas, correspondence related to subpoenas, records received in response to subpoenas 6(e) Contains information and documents subject to investigative privilege Box #1 P-002247 Thru P-002265 File folder entitled "JEGE & Hyperion from Goldberger OLY-46 & OLY-47" containing documents received in response to subpoenas 6(e) Contains information and documents subject to investigative privilege Box #1 P-002266 Thru P-002386 Indictment preparation binder containing: Grand jury subpoena log, evidence/activity summary chart witness/victim names and contact list, attorney handwritten notes, 302s, a s of state investigative file, attorney typed notes, of individuals listed as "Additional victims" Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-002387 Thru P-002769 Indictment preparation binder containing: Grand jury subpoena log, evidence/activity summary chart witness/victim names and contact list, attorney _ handwritten notes, 302s, onions of state investigative file, attorney typed notes, relevant pieces of grand jury materials, telephone records/flight records analysis charts, victim/witness photographs, DAVID records, NCICs, and related materials for persons identified as Jane Does #15, 16, 17, 18, 19, Past Employees, Misc. Witnesses Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-002770 Thru P-003211 Indictment preparation binder containing: witness/victim list with identifying information, sexual activity sut i telephone call summary chart, attorney handwritten notes, lia tions of state investigative file, attorney ( typed notes, relevant pieces of grand jury materials, telephone records/flight records analysis charts, victim/witness photographs, DAVID records, NCICs, and related materials for persons identified as Jane Does #1, 2, 3, 4, 5, 6, 7, 8 Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 3 of 23 EFTA00185390

Case 9:08-cv-80736-KAM Document M1 Entered on FLSD Docket 07/19/2013 Page 4 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-003212 Thru P-003545 Indictment preparation binder containing meta- analysis charts of telephone/flight/grand jury information for a number of victim/witnesses, Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation and Box #1 P-003546 Thru P-003552 FBI Reports of March 2008 interviews of additional witness/victim located in New York Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-003553 Thru P-003555B Printout of filenames from Federal Express subpoena response with Attorney notations Work product 6(e) Box #1 P-003556 Thru P-003562 Document entitled "Identified Numbers" with accompanying handwritten attorney list compiled from grand jury materials and attorney analysis of records Work product 6(e) Contains information subject to investigative privilege Box #1 P-003563 Thru P-003629 Folder entitled "Flight Manifests" containing manifests received pursuant to grand jury subpoena 6(e) Contains information and documents subject to investigative privilege Box #1 P-003630 Thru P-003633 File folder entitled "Recent Attont.lotes" containing handwritten attorney notes regarding document review and case strategy Work product 6(e) Investigative privilege Deliberative process Box #1 P-003634 Thru P-003646 File folder bearing victim name containing FBI interview report from May 2008. tele . hone activity report with attorney handwritten notes, related grand jury material Work product Attorney-client privilege 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 4 of 23 EFTA00185391

Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 5 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-003647 Thru P-003651 File folder entitled "Summary of Sexual Activity" containing chart bearing handwritten title "Sexual Activity — Summary" with meta-analysis of information, sorted by name of each victim/witness, including name and identifying information of each victim/witness Work product 6(e) Investigative privilege Deliberative process Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-003652 Thru P-003663 File folder entitled "Victim Civil Suits" Not privileged. Produced to counsel for Petitioners Box #1 P-003664 Thru P-003678 File folder entitled "Research re JE Websites" containing attorney research Work product Box #1 P-003679 Thru P-003680 File folder entitled (N.Y. AUSA)" containing attorney 1 I handwritten notes Work product Box #1 P-003681 Thru P-003687 File folder entitled "Dr. Anna Salter" containing attorney ( ) memo to expert witness and handwritten attorney notes Work product Investigative privilege Box #1 P-003688 Thru P-003693 File folder entitled "I[] G[] Interview" containing attorney handwritten notes of interview, and attorney handwritten notes regarding potential charges Work product Investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-003694 Thru P-003711 File folder entitled "Research re Travel for Prostitution" containing attorney ( ) handwritten notes regarding grand jury presentation, chart entitled "Brought to Epstein's House" with handwritten notes, Message Pad meta-analysis chart, summary of evidence related to one victim/witness, and relevant grand jury information Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box I/ I P-003712 Empty file folder bearing name of victim/witness Investigative privilege Also contains information subject to privacy rights of victim who is not a party to this litigation Page 5 of 23 EFTA00185392

Case 9:08-cv-80736-KAM Document al Entered on FLSD Docket 07/19/2013 Page 6 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-003713 Thru P-003746 File folder entitled "Tfl Mfl" containing grand jury subpoenas, motion and order to compel testimony, and correspondence regarding same 6(e) Documents under seal pursuant to court order Box #1 P-003747 Thm P-003751 File folder entitled ' ' containing 6(e) subpoena and correspondence regarding same Box #1 P-003752 Thru P-004295 File folder entitled "PBPD Investigative File" obtained via subpoena 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-004296 Thru P-004350 File folder bearing name of victim/witness containing meta-analysis chart showing telephone calls, travel, and grand jury materials relevant to possible charges Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not arties to this liti ation Box #1 P-004351 Thru P-004381 File folder entitled ' Documents Work product 53909-004" containing attorney research related to bias issue Box #1 P-004382 Thru P-004478 File Folder entitled "FEDEX" containing documents obtained via subpoena 6(e) Investigative privilege Box #1 P-004479 Thru P-004551 File Folder entitled "State of Delaware Records" containing documents obtained in preparation for indictment 6(e) Investigative privilege Work product Box #1 P-004552 Thru P-004555 File folder entitled "Jet Blue Records" containing documents obtained via subpoena 6(e) Work product Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-004556 Thru P-004560 File folder entitled "FL EMPLOYMENT RECORDS" containing FDLE records on targets and witnesses obtained at attorney request Investigative privilege Work product Page 6 of 23 EFTA00185393

Case 9:08-cv-80736-KAM Document N1 Entered on FLSD Docket 07/19/2013 Page 7 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-004561 Thru P-004565 Filed folder entitled "JANUSZ BANASIAK" containing attorney (MI handwritten notes of interview Work product Investigative privilege Box #1 P-004566 Thru P-004716 File folder entitled "JANUSZ BANASIAK RECORDS 23-0001 THROUGH 23-" containing documents obtained via subpoena 6(e) Work product Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-004717 Thru P-004722 File folder entitled "IGOR ZINOVIEV" containing attorney research regarding witness Work product Investigative privilege Box #1 P-004723 Thru P-004725 File folder entitled "BEAR STEARNS RESEARCH" containing attorney research regarding potential witness and subpoena recipient Work Product Investigative privilege Box #1 P-004726 Thru P-004819 File folder entitled "LAWSUITS INVOLVING EPSTEIN CORP'S" containing attorney research regarding Epstein's past personal and business litigative practices Work Product Investigative privilege Box #1 P-004820 Thru P-004959 Filed folder entitled "SEC RECORDS" containing attorney research regarding Epstein financial relationships Work Product Investigative privilege Box #1 P-004960 Thru P-005059 File folder entitled "Message Pads" containing selected items from evidence obtained via subpoena Work Product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005060 Thru P-005081 File folder bearing name of victim/witness containing correspondence with counsel for victim/witness, attorney witness outline with attorney handwritten notes, attorney handwritten notes regarding witness reports and case preparation Work Product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005082 Thru P-005083 File folder entitled "New York Trip" containing attorney notes re witness interview Work product Investigative privilege Page 7 of 23 EFTA00185394

Case 9:08-cv-80736-KAM Document .1 Entered on FLSD Docket 07/19/2013 Page 8 of 23 Bates Range Description Privilege(s) Asserted P-005084 thru P-005107 are non responsive documents and have been removed Box #1 P-005108 Thru P-005193 File folder entitled "ANNA SALTER" containing attorney research on select expert, use of experts at trials in child exploitation cases, and additional research materials on offenders and victims Work product Investigative privilege Box #1 P-005194 Thru P-005300 File folder entitled "Extra Copies" containing meta-analysis chart and 302's of victim/witnesses used in preparing indictment package Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005301 Thru P-005331 File folder entitled "JUAN ALESSI STATEMENT" containing transcript obtained via subpoena 6(e) Investigative privilege Box #1 P-005332 Thru P-005341 File folder entitled "KEN LANN1NG" containing attorney research on select expert, including attorney handwritten notes Work product Investigative privilege Box #1 P-005342 Thru P-005387 File folder entitled "Info re Planes" containing correspondence regarding subpoenas and documents received in response to subpoenas 6(e) Investigative privilege Box #1 P-005388 Thru P-005442 File folder entitled "Police Reports & PC Affidavit" containing portions of police reports with attorney notes, related phone records, a list entitled "Victims" with identifying information and attorney handwritten notes, photographs and DAVID information, and additional attorney research regarding Epstein sexual activity Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005443 Thru P-005496 File folder entitled "[Victim name] Transcript of Interview & GJ Transcript" 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005497 Thru P-005556 File folder entitled "Bear Steams Subpoena Resp." containing material received in response to subpoena 6(e) Investigative privilege Page 8 of 23 EFTA00185395

, Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 9 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-005557 Thru P-005576 U.S. Attorney's Office Criminal Case File Jacket containing file opening documents, expert witness payment documents Work product Deliberative process Box #1 P-005578 Thru P-005583 U.S. Attorney's Office Asset Forfeiture Case File Jacket containing file opening and file closing documents Work product Deliberative process Box #1 P-005584 Thru P-005606 File folder entitled "6001 Immunity Request" containing internal memoranda seeking witness immunity and correspondence with counsel for witness regarding same 6(e) Work product and deliberative process (as to internal memoranda) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-005607 Thru P-005914 File folder entitled "MASTER PHONE RECORDS" containing meta-analysis of all phone, travel, and grand jury data for all victim/witnesses for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-005915 Thru P-005977 File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-005978 Thru P-006050 File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006051 Thru P-006065 File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 9 of 23 EFTA00185396

Case 9 08-cv-80736-KAM Document mi Entered on FLSD Docket 07/19/2013 Page 10 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-006066 Thm P-006220 File folder entitled "JANE DOE #4" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006221 Thru P-006222 File folder entitled ""JANE DOE #12" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006223 Thru P-006522 File folder entitled "CORRECTED PHONE RECORDS 5/31/07" containing meta-analysis of all phone, travel, and grand jury data related to all victims/witnesses for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006523 Thru P-006802 File folder entitled "[Victim Name] Phone Records" containing telephone records received in response to subpoena Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006803 Thru P-006860 File folder entitled "Lists of Identified Phone Numbers" containing charts of information culled from grand jury materials, interviews, and other investigation, with attorney handwritten notes, and information to issue follow-up grand jury subpoena Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006861 Thru P-007785 File folder entitled "EPSTEIN CELL Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation PHONE RECORDS" containing documents received via subpoena with attorney handwritten notes and highlighting Page 10 of 23 EFTA00185397

. Case 9:08-cv-80736-KAM Document .1 Entered on FLSD Docket 07/19/2013 Page 11 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-007786 Thru P-008120 Folder entitled "OLY GRAND JURY LOG: OLY-01 THROUGH OLY-50" containing subpoenas, correspondence regarding same, 6(e) letters, attorney handwritten notes regarding records received in response to subpoenas Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-008121 Thru P-008139 Handwritten flight logs received in response to subpoena 6(e) Investigative privilege Box #2 P-008140 Thru P-008298 Grand jury presentation folder containing attorney handwritten notes, typed outline with additional handwritten notes, complete indictment package dated 2/19/2008, victim list with identifying information, photographs, and summary of activity Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-008299 Thru P-008363 File folder entitled "FINAL AGREEMENTS" containing subfolder entitled "Agrmts Filed in State Court" (P-008300-P-008327 [not being withheld as privileged — have been produced to opposing counsel]); signed Non-Prosecution Agreement, Addendum, and operative portion of 12/19/2007 Sanchez-Acosta letter (P-008328-P- 008343 [not being withheld as privileged — have been produced to opposing counsel]); subfolder entitled "12/19/07 Acosta-Sanchez Ltr" containing unredacted copies of that letter (P- 008344-P-008363 [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stay by 1 1 th Circuit Box #2 P-008364 Thru P-008382 File folder entitled' Immunity Request" l i containing internal memoranda, Justice Department documentation, and subpoena regarding immunity request 6(e) Work Product Deliberative Process Investigative privilege Box #2 P-008383 Thru P-008516 File folder containing March 18, 2008 grand jury presentation materials, including "Operation Leap Year Revised Indictment Summary Chart (by victim)," grand jury materials, draft indictments, victim reference list, grand jury subpoena log Work product 6(e) Investigative privilege Deliberative process Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 11 of 23 EFTA00185398

Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 12 of 23 Bates Range Description Privikge(s) Asserted Box #2 P-008517 Thru P-008535 6/25/2007 Letter from Gerald Lefcourt to Jeffrey Sloman and [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stay by 11'h Circuit] Box #2 P-008536 Thru P-008542 Handwritten attorney notes to prepare for interview of Jane Doe #2 Work product Investigative Privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008543 Thru P-008549 Handwritten attorney notes regarding May 8, 2007 grand jury presentation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008550 Thru P-008615 File folder entitled "Most Recent Indictment & Good Cases" containing draft indictment and legal research Work product 6(e) Investigative privilege Deliberative process Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008616 Thru P-008686 File folder entitled "FBI Summary Charts" containing chart prepared at direction of AUSA, containing victim names, identifying information, summary of activity, and other information relevant to indictment Work product Attorney-Client Privilege 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008687 Thru P-008776 File folder entitled "[Victim name]/Jane Doe #4" containing phone records and meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information and documents subject to privacy rights of victims who are not parties to this suit Box #2 P-008777 Thru P-008808 File folder entitled "[Victim name]/Jane Doe #5" containing handwritten notes and meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Page 12 of 23 EFTA00185399

. Case 9:08-cv-80736-KAM Document IMI-1 Entered on FLSD Docket 07/19/2013 Page 13 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-008809 Thru P-008847 File folder entitled "[Victim name]/Jane Doe #6" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008848 Thru P-008862 File folder entitled "[Victim name]/Jane Doe #7" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008863 Thru P-008890 File folder entitled "[Victim name]/Jane Doe #8" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008891 Thru P-009103 File folder entitled "Certified Copy of State Case" containing certified copy of Epstein state criminal cases and change of plea transcript [not being withheld as privileged — copy provided to opposing counsel] Box #2 P-009104 Thru P-009111 File folder entitled "Meeting Timeline" containing typed notes summarizing meetings with opposing counsel prepared at request of R. Alexander Acosta, with handwritten correction and typed guideline estimate Work product Deliberative process Box #2 P-009112 Thru P-009113 11/26/2008 Email from Ro Black to A. and re Jeffrey Epstein (work release) [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel u n lift of stab 11`h Circuit Box #2 P-009114 Thru P-009115 7/3/2008 Email from to Col. M. Gauger at PBSO re Epstein work release with attachment [not being withheld as privileged — produced to opposing counsel] Box #2 P-009116 Thru P-009125 12/6/2007 Letter from Jeffrey Sloman to Jay P. Lefkowitz re Jeffrey Epstein (victim notification) [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stay by 11" Circuit]) Page 13 of 23 EFTA00185400

Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 14 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-009126 Thru P-009134 File folder entitled "[Victim name]/Jane Doe #9" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009135 Thru P-009141 File folder entitled "[Victim name]/Jane Doe #13" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009141A Thru P-009141 C File folder entitled "[Victim name]/Jane Doe #12" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not arties to this suit Box #2 P-009142 Thru P-009152 File folder entitled ' ' Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not ies to this suit containing meta-analysis of all phone, travel, and grand jury data related to that individual for indictment preparation Box #2 P-009153 Thru P-009156 File folder entitled' ' Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit containing meta-analysis of all phone, travel, and grand jury data related to that individual for indictment preparation Box #2 P-009157 Thru P-009208 File folder entitled "[Victim name]/Jane Doe #1" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009209 Thru P-009213 File folder entitled "[Victim name]/Jane Doe #2" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Page 14 of 23 EFTA00185401

Case 9 08-cv-80736-KAM Document IM-1 Entered on FLSD Docket 07/19/2013 Page 15 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-009214 Thru P-009271 File folder entitled "[Victim name]/Jane Doe #3" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009272 Thru P-009354 File folder entitled "Purpose of Travel Cases" containing attorney research and handwritten notes Work product Box #2 P-009355 Thru P-009403 File folder entitled "Interstate Commerce Cases" containing attorney research and handwritten notes Work product Box #2 P-009404 Thru P-009536 File folder entitled "Attorney Conflict Research" containing attorney research and handwritten notes Work product Box #2 P-009537 Thru P-009574 File folder entitled "Mann Act/Travel to Have Sex w/Minor" containing attorney research and handwritten notes Work product Box #2 P-009575 Thru P-009603 File folder entitled "Travel Act" containing attorney research and handwritten notes Work Product Box #2 P-009604 Thru P-009711 File folder entitled "Florida Prostitution/Lewdness Statutes" containing attorney research and handwritten notes Work Product Box #2 P-009712 Thru P-009819 Booklet entitled "Attorney General Guidelines for Victim and Witness Assistance" [not being withheld as privileged — produced to opposing counsel] Box #2 P-009820 Thru P-009965 File folder entitled "Corporate Liability Rsrch" containing attorney research and handwritten notes Work Product Box #2 P-009966 Thru P-010096 File folder entitled "Research re Knowledge of Age Unnecessary" containing attorney research and handwritten notes and copy of grand jury subpoena Work Product 6(e) Pagc 15 of 23 EFTA00185402

Case 9:08-cv-80736-KAM Document •1 Entered on FLSD Docket 07/19/2013 Page 16 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-010097 Thru P-010276 File folder entitled "Money Laundering" containing attorney research and handwritten notes Work Product Box #2 P-010277 Thru P-010394 File folder entitled "1960 & Aiding/Abetting" containing attorney research and handwritten notes Work Product Box #2 P-010395 Thru P410488 File folder entitled "18 USC § 2255 Cages" containing attorney research and handwritten notes Work Product Box #2 P410489 Thru P-010509 File folder entitled "Research re Overt Acts & Witness Testimony" containing attorney research and handwritten notes Work Product Box #2 P-010510 Thru P-010525 File folder entitled "Extradition" containing attorney research and handwritten notes Work Product Box #2 P-010526 Thru P-010641 File folder entitled "Rsrch re Crime Victims Rights" containing attorney research, handwritten notes, draft victim notification letter, and draft correspondence to Jay Lefkowitz (Also contains a November 28, 2007 letter from Kenneth Starr to Alice S. Fisher; and a November 29, 2007 letter from Jay Lefkowitz to R. Alexander Acosta (P-010528 thru P-010530 and P-010556 thru P-010559). Pursuant to the Court's Order, these will be produced to opposing counsel upon lift of stay by 11th Circuit) Work Product Deliberative Process Box #2 P-010642 Thru P41650 File folder entitled "Immunity" containing attorney research on granting immunity to witnesses Work Product Box #2 P-010651 Thru P-010659 File folder entitled "Research re G.J. Transcript" containing attorney research and draft pleadings re compelling production of grand jury transcript with subpoena Work Product 6(e) Deliberative process Box #2 P-010660 Thru P-010757 File folder entitled "Research re GJ Transcript" containing grand jury subpoena, 6(e) letters, attorney research and correspondence related to subpoena Work Product 6(e) Page 16 of 23 EFTA00185403

. Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 17 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-010758 Thru P-010793 File folder entitled "Original Proposed Ind." containing draft indictment Work Product 6(e) Deliberative process Box #2 P-010794 Thru P-010829 File folder entitled "Epstein" containing sample indictments and attorney research re potential charges with attorney notes Work Product Box #2 P-010830 Thru P-010853 File folder entitled "1591 & Money Laundering" containing attorney research and handwritten notes Work Product Box #2 P-010854 Thru P-010876 File folder entitled "18 USC 2425" containing attorney research and handwritten notes Work Product Box #2 P-010877 Thru P-010920 File folder entitled "Knowledge of Age" containing attorney research and handwritten notes Work Product Box #2 P-010921 Thru P-011049 File folder entitled "2423(b) Constitutionality and Purpose of Travel" containing attorney research and handwritten notes Work Product Box #2 P-011050 Thru P-011212 File folder entitled "Mistake not a Defense" containing attorney research and handwritten notes Work Product Box #2 P-011213 Thru P-011237 File folder entitled "Research re `Pandering' containing attorney research and handwritten notes Work Product Box #2 P-011238 Thru P-011319 File folder entitled "Research re Grand Jury Instructions" containing attorney research and handwritten notes Work Product 6(e) Box #2 P-011320 Thru P-011361 File folder entitled "Telephone = Facility of Commerce" containing attorney research and handwritten notes Vs ork Product Box #2 P-011362 Thru P-011374 File folder entitled "Def of Prostitution" containing attorney research and handwritten notes Work Product Page 17 of 23 EFTA00185404

Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 18 of 23 Bates Range Description Privilege(%) Asserted Box #2 P-011375 Thru P-011456 File folder entitled "Relevant Florida Statutes" containing attorney research and handwritten notes Work Product Box #2 P-011457 Thru P-011626 File folder entitled "Unit of Prosecution Research" containing attorney research and handwritten notes Work Product Box #3 P-011627 Thru P-011662 File folder entitled "Attorney Notes" containing attorney handwritten and typed notes Work Product Box #3 P-011663 Thru P-011698 and P-012189 thru P-012361 (gap was scanning error) File folder entitled "Drafts" containing draft indictments with attorney handwritten notes, draft internal memoranda, relevant witness interview reports and grand jury material and attorney handwritten notes 6(e) Work Product Deliberative Process Investigative Privilege Contains information subject to privacy rights of victims who are not parties to this Box #3 P-011699 Thu P-011777 File folder entitled "6/9/09 Signed Indictment" containing signed indictment package dated 6/9/2009 with corrections 6(e) Work product Deliberative process Box #3 P-011778 Thru P-011788 File folder entitled "6/12/09 Victim Notif. Log" containing chart with victim contact information and attorney notes regarding dates and type of contacts Work product Box #3 P-011789 Thru P-011879 File folder entitled "Breach Memo" containing memorandum analyzing breach of Non- Prosecution Agreement with attachments Work product Deliberative process Box #3 P-011880 Thru P-011922 File folder entitled "Overt Act Lists" containing handwritten notes cross-checking all overt acts alleged in draft indictment by victim and typed overt act summary charts for indictment preparation Work product Attorney-client privilege Deliberative process 6(e) Page 18 of 23 EFTA00185405