Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Pla.Cir.Ct.)) when the condition is asserted as an issue by the party seeking closure.... [Mjedical information is an inherent part of these proceedings and cannot be utilized as a proper basis for closure." 531 So.2d at 119. The same is true in this case. Those private facts which form the basis of the motion for closure arc the facts inherent in the plaintiffs' case. Neverthe- less, plaintiffs argue their request implicates the competing interests Barron listed in item (a) deal- ing with public policy, item (e), dealing with pri- vacy of third party, and item (f), dealing with pri- vacy of a party. Plaintiffs first argue that closure of the trial is ne- cessary under item (a) "to comply with established public policy set forth in the constitution, statutes, rules, or case law." 531 So.2d at 118. Plaintiffs rightly contend "Wile State of Florida has long re- cognized, as a matter of public policy, the need to protect minors who come into contact with the justice system," and cite statutory provisions ex- empting records of sex crimes and child abuse from public records disclosure and providing for closure of adoption and dependency proceedings. See Fla.Stat §§ 119.07(h); 63.162; 39.408(c). *6 To be sure, it is public policy to protect minor victims of sex crimes from unnecessary public ex- posure. The cited exceptions to public records laws illustrate this as does the practice of anonymous pleading. However, state policy neither requires nor permits closure of public trials on the basis of the privacy interests of minor victims of sex crimes. The trial of the perpetrator of a sex crime against a minor must be conducte4 in public as a matter of Florida com- mon law.FN2 Under Fla.Stat., § 918.16, the court has a certain ability to clear the courtroom during testimony of a person under the age of 16, N3 but the press specifically may not be excluded. A re- cent statute protecting minor witnesses does not purport to authorize closure of the trial to protect minor witnesses.FN4 When the state prosecutes the Page 5 parent of a minor child for sexual abuses practiced on the child, the trial is not closed nor is there sup- pression of the identity of the parent from which, as plaintiffs argue here, the identity of the child is readily inferred.FN5 Indeed, from the reports of tort suits by minor victims of sexual crimes seeking damages from the perpetrator or those vicariously liable, it can be seen that the courts of this state conduct eases like the present as open public trials in the name of the party.F N6 FN2. Bundy State, 455 So.2d 330 (Fla.1984), cert. denied, 476 U.S. 1109 (1986). Miami Herald Publishing Co Lewis, 426 So.2d 1 (Fla.1982). See also Globe Newspaper Company I. Superior Court, 102 S.Ct. 2613 (1982) (Same under First Amendment). FN3. See Palm Beach Newspapers Nourse, 413 So.2d 467 (Fla. 4th DCA 1982) (Error to summarily exclude press from arraignment of defendant charge with lewd and lascivious act on child under age 14); News-Press Pub. Shearer, 5 Med.L.Rptr. 1272 (Fla. 2d DCA 1979) (Error to exclude press from courtroom while juvenile witness in sex crime testi- fies and error to seal record from press). Compare Miami Herald Pub. Co. I. Morphonios, 467 So.2d 1026 (Fla.1985) (Error to gag press from publishing testi- mony of minor witness via prerecorded video) and Thornton'. State, 585 So.2d 1189 (Fla. 2d DCA 1991) (Statute cannot override defendant's Sixth Amendment right to public trial without case-by-case balancing test). See also Doe I. Doe, 567 So.2d 1002 (Fla. 4th DCA 1990) (Affirming denial of motion to close pro- ceedings in which mother seeks authority for surgical sterilization of mentally handi- capped daughter). FN4. Fla.Stat. § 92.55 (Authorizing the court to permit or prohibit "the attendance (;) 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183650

Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (FIa.Cir.Ct.), 22 Media L. Rcp. 2497 (Cite as: 1994 WL 741009 (Fla.ar.Ct.)) of any person at the proceeding") (emphasis supplied). FNS. See, e.g., Schmidt'. State, 590 So.2d 404 (Fla.1991) (Father prosecuted for crime of video recording of minor daughter in violation of statute concerning depiction of sex acts); Sanders.. State, 568 So.2d 1014 (Fla. 3d DCA 1990) (Father prosec- uted for lewd and lascivious acts against minor daughter). FN6. Sce, e.g., Zordan 1. Page, 500 So.2d 608 (Fla. 2d DCA 1987) (Suit by minor and parents against carrier for damages in- curred when insured fondled private parts of minor plaintiff); Hennagan F. Depart- ment of Highway Safety and Motor Vehicles, 467 So.2d 748 (Fla. I st DCA 1985) (suit by minor and parents against FHP for damages when minor driver was allegedly sexually abused by patrolmen after being stopped on pretext of suspi- cion); Drake f. Island Community Church, Inc., 462 So.2d 1142 (Fla. 3d DCA 1985) (Suit by minor and parents for damages from sexual abuse by teacher on minor pu- pil). Compare Freehold School Board of Seminole County, 623 So.2d 761 (Fla. 5th DCA)cause dismissed, 629 So.2d 132 (Fla.1994) (Suit for abuse inflicted on son by stepmother; failure to report suspected abuse by school); Fischer , Metcalf 543 So.2d 785 (Fla. 3d DCA 1989) (Suit by minors against psychologist for damages from abusive father when suspicion of ab- use was not reported). The court concludes that it is not necessary to close this trial in order to comply with any public policy of the State of Florida. The plaintiffs next argue that closure is necessary to serve the interest of innocent third parties whose privacy warrants closure under item (e) of Barron. The plaintiffs assert that each minor in this consol- Page 6 idated cause is a third party as to the other three ac- tions and thus the trial should be closed to protect them as third parties in the consolidated cases. Hav- ing voluntarily joined to bring the action, they can- not claim to be third parties to the action nor assert a legitimate expectation of privacy in the disclos- ures that necessarily follow from their decision to act in concert. Plaintiffs also assert the privacy interest of other minors who were victims of this same abuse but who have not joined in this suit. There is no evid- ence that trial of this case would implicate these third parties. In any event, plaintiffs lack standing to assert the interest of these third parties, and the Court will not decide any issue affecting their rights unless a party with standing raises the issue. Finally, plaintiffs attempt to bring their motion un- der item (f) relating to the privacy interest of a party. To be entitled to an order of closure under this item, however, plaintiffs must show that clos- ure is necessary "to avoid substantial injury to a party by disclosure of matters protected by a com- mon law or privacy right not generally Inherent in the specific type of civil proceeding sought to be closed." 531 So.2d at 119.(emphasis added). Plaintiffs argue their identities are not inherent facts in the case and thus the trial should be closed to prevent revelation of the identity. However, plaintiffs also contend it will be impossible to try the case without revelation of their names. Their ar- gument refutes itself. The identity of a party is in- herent in the case, and that concern alone could not justify total closure. This argument is a proxy for the ineffective argument that the sensitive nature of inherent private facts should justify a private forum. Facts regarding abuse form the core of their case, and thus it "is an inherent part of these proceedings and cannot be utilized as a proper basis for clos- ure." 531 So.2d at 119. The decision to litigate this issue is tantamount to a decision to place the in- formation before the public. '7 As sympathetic as their claim is, it fails to state a cognizable reason for closure under the law. The ID 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183651

Not Reported in So.2d Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WI, 741009 (Fla.Cir.Ct)) request to close a civil trial because of a party's dis- closural concerns with facts inherent in the cause cannot be reconciled with Barron. Facts generally protected by a party's privacy right are no longer protected from disclosure when they become an in- tegral part of a civil proceeding. Indeed, plaintiffs' argument for a private forum could be asserted as the basis for a wide array of exceptions that would swallow up the presumption of openness. "The ... argument based on this interest therefore proves too much. [T]hat sante interest could be relied upon to support an array of mandatory closure rules ... proves too much, and runs contrary to the very foundation of the right of access...." Globe Newspa- per Company" Superior Court, 102 S.Ct. 2613, 2622 (1982). Accordingly, having considered the briefs and argu- ments of counsel for the reasons set forth in this opinion, it is ORDERED that the Motion to Close Trial be denied. DONE AND ORDERED. Fla.Cir.Ct.,1994. John Doc-1 Through John Doe-41. Museum of Sci- ence and History of Jacksonville, Inc. Not Reported in So.2d, 1994 WC. 741009 (Fla.Cir.Ct.), 22 Media L. Rcp. 2497 END OF DOCUMENT Page 7 O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183652

EFTA00183653

Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 1 of 8 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA/JOHNSON IN RE: JANE DOE, Petitioner. FILED by I G D.C. JUL 0 9 2008 STEVEN M LANIMORE CURS U.S. DISE c s.o.or FLA • W.P.B. GOVERNMENT'S RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT, 18 U.S.C. d 3771 The United States of America, by and through its undersigned counsel, files its Response to Victim's Emergency Petition for Enforcement of Victim Rights Act, 18 U.S.C. § 3771, and states: I. THERE IS NO "COURT PROCEEDING" UNDER 18 U.S.C. & 3771(b) Petitioner complains that she has been denied her rights under the Crime Victims Rights Act, I8 U.S.C. § 3771. In the emergency petition filed by the victim, she alleges the Government has denied her rights since she has received no consultation with the attorney for the government regarding possible disposition of the charges (18 U.S.C. § 3771(a)(5)); no notice of any public court proceedings (18 U.S.C. § 3771(a)(2)); no information regarding her right to restitution (18 U.S.C. § 3771(a)(6)); and no notice of rights under the Crime Victim Rights Act (CVRA). Emergency Petition,' 5. The instant case is unique in several respects. First, in 2006, Jeffrey Epstein was charged with felony solicitation of prostitution in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida. This charge was based upon the offenses alleged in paragraph 1 of the petition. Second, while Epstein has been under federal investigation, he has not been charged in EFTA00183654

Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 2 of 8 *el the Southern District of Florida. Title 18, U.S.C., Section 3771(b)(1) provides in pertinent part that, "[i]n any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a)." There is no "court proceeding" in the instant case since Epstein has not been charged with violation of any federal statute. No federal grand jury indictment has been returned, nor has any criminal information been filed. There can thus be no failure of a right to notice of a public court proceeding or the right to restitution. In her memorandum, petitioner relies upon In Re Dean, 527 F.3d 391 (5th Or. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." a at 395. In pear, the government sought and obtained an eK pane order permitting it to negotiate a plea agreement with BP Products North America, without first consulting with the victims, individuals injured and survivors of those killed in a refinery explosion. A plea agreement was ultimately negotiated and the victims objected. The appellate court found that the CVRA granted a right to confer. I lowever, the court declined to grant mandamus relief for prudential reasons, finding that the district court had the benefit of the views of the victims who chose to participate at the hearing held on whether the plea agreement should be accepted. 14. at 396. Dm is legally distinguishable in several respects. For one thing, the court's discussion of the scope of the right to confer was unnecessary because the court ultimately declined to issue mandamus relief. Dean, 527 F.3d at 395. Also, in offering its view that this right applies pre- charge, it is noteworthy that the court, in purporting to quote the statute, omitted the last three words of section 3171(a)(5)("in the case"), words that arguably point in the opposite direction by - 2 - EFTA00183655

Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 3 of 8 suggesting that the right applies post-charge. Further, the court went to great lengths to emphasize that its holding was limited to the particular circumstances presented in that case (i.e., the simultaneous filing of a plea agreement and formal charges), which of course, is not the case here. No federal charges have been filed in the instant case, and this case, unlike Dean involves an agreement to defer federal prosecution in favor of prosecution by the State of Florida and not a guilty plea. IL at 394. Finally, the Dean court expressly declined to "speculate on the [right to confer's] applicability to other situations." Id. Nothing in §3771(a)(5) supports the petitioner's claim that she had a right to be consulted before the Government could enter into a non- prosecution agreement which defers federal prosecution in exchange for state court resolution of criminal liability, and a significant concession on an element of a claim for compensation under 18 U.S.C. § 2255. 11. THE GOVERNMENT HAS USED ITS BEST EFFORTS TO COMPLY WITH 18 4 3771(a) The Epstein case was investigated initially by the Palm Beach Police Department in 2006. Exhibit A, Declaration of Assistant United States Attorney Inn 1 2 Subsequently, the Palm Beach Police Department sought the assistance of the Federal Bureau of Investigation (FBI). a Throughout the investigation, when a victim was identified, victim notification letters were provided to the victim by both the FBI Victim-Witness Specialist and AUSA al 3. Petitioner's counsel, Brad Edwards, Esq., currently represents., III., and II. The U.S. Attorney's Office victim notification letter to.. was provided by the FBI, and the letter to was hand-delivered by AUSA to her when she was interviewed in April 2007. FBI victim notification letters were mailed to.. and M. on - 3 - EFTA00183656

Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 4 of 8 January 10, 2008, and toll. on May 30, 2008. "Ill" Decl., ¶ 3. Throughout the investigation, AUSAIIIIII and the FBI's Victim-Witness Specialist had contact with. mai Decl., ¶ 4. Earlier in the investigation. was represented by James Eisenberg, E:sq. Consequently, all contact with. was made through Mr. Eisenberg. In mid-2007, Epstein's attorneys approached the U.S. Attorney's Office in an effort to resolve the federal investigation. al 5. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of this matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, 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 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." The Attorney General Guidelines for Victim and Witness Assistance (May 2005), Article - 4 - EFTA00183657

Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 5 of 8 IV, Services to Victims and Witnesses, provides the following guidance for proposed plea agreements: (3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors: (a) The impact on public safety and risks to personal safety. (b) The number of victims. (c) Whether time is of the essence in negotiating or entering a proposed plea. (d) Whether the proposed plea involves confidential information or conditions. (e) Whether there is another need for confidentiality. (f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendant's right to a fair trial. Throughout negotiations, Epstein's attorneys claimed that one reason victims came forward and pressed their claims was their desire for money. They argued that victims might have an inducement to fabricate or enhance their testimony, in order to maximize their opportunities to obtain financial recompense. Decl.,1, 8. The Government was extremely concerned that disclosure of the proposed terms would compromise the investigation by providing Epstein the means of impeaching the victim witnesses, should the parties fail to reach an agreement. In light of the fact (i) that the United States agreed to defer prosecution to a previously filed state criminal case; (ii) that as a result sentencing would take place in state court before a state judge; (iii) that if the state resolution failed to meet minimum standards such that a federal prosecution was warranted, the victims would be witnesses and thus potential - 5 - EFTA00183658

Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 6 of 8 impeachment issues were of concern; and (iv) the United States was already making efforts to secure for victims the right to proceed federally under 18 U.S.C. § 2255 even if prosecution took place in state court, the Government determined that its actions in proceeding with this agreement best balanced the dual position of the Jane Does as both victims and potential witnesses in a criminal proceeding. On Friday, June 27, 2008, at approximately 4:15 p.m., AUSA received a copy of the proposed state plea agreement, and learned that Epstein's state plea hearing was scheduled for Monday, June 30, 2008, at 8:30 a.m. Decl., I 10. AUSA _and the Palm Beach Police Department attempted to provide notification to victims in the short time that they had. jj Although all known victims were not notified, AUSA Ilindid call attorney Edwards to provide notice to his clients regarding the hearing. AUSA did this, even though she had no obligation to provide notice of a state court hearing. Mr. Edwards advised that he could not attend but that someone would be present at the hearing. Isk The Government has complied with 18 U.S.C. § 3771(c)(1) by using its best efforts to "see that crime victims are notified of, and accorded, the rights described in subsection (a)." Specifically, petitioner was afforded the reasonable right to confer with the attorney for the Government under 18 U.S.C. § 3771(a)(5). Disclosure of the specific terms of the negotiation were not disclosed prior to a final agreement being reached because the Government believed doing so would jeopardize and prejudice the prosecution in the event an agreement could not be made. Further, although 18 U.S.C. § 3771(a)(2) does not apply to state court proceedings, the government nonetheless notified petitioner's counsel on June 27, 2008, of the plea hearing in state court on June 30, 2008. - 6 - EFTA00183659

Case 9:08-cv-8 0736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 7 of 8 Section 3771(d)(6) provides, in relevant part, that "[n]othing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." The Government exercised its judgment and discretion in determining that there was a need for confidentiality in the negotiations with Epstein. The significant benefit of obtaining Epstein's concession that victims suing him under I8 U.S.C. § 2255(a) were "victims" of the enumerated offenses, despite the fact he has not been convicted in federal court, was of sufficient importance to justify confidentiality of the negotiations. III. THE GOVERNMENT'S DISCUSSIONS WITH., IS, AND Attorney Brad Edwards has advised the Government that he represents III, IN, and M. Victim letters were provided to all three individuals. The letters to mg and s were forwarded on January 10, 2008. Villafafia Decl., 1 3. On May 28, 2008, Its status as a victim was confirmed when she was interviewed by federal agents. W., The FBI Victim Witness specialist sent her a letter on May 30, 2008. W., When the agreement was signed in September 2007, S was openly hostile to a prosecution of Epstein, and S had refused to speak with federal investigators. Id., 1 7. While individual victims were not consulted regarding the agreement, none of Mr. Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 1.4., In October 2007,11. was not represented by counsel. dI . 1 8. She was given telephonic notice of the agreement, as were three other victims. These four individuals were also given notice of an expected change of plea, in state court, in October 2007. In mid-June 2008, Mr. Edwards contacted AUSA S to advise that he represented and II., and requested a meeting. L, 9 9. AUSA S asked Mr. Edwards to send - 7 - EFTA00183660

Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 8 of 8 %se ••••••• to her any information that he wished her to consider. Nothing was provided. a AUSA also told Mr. Edwards he could contact the State Attorney's Office, if he wished. To her knowledge, Mr. Edwards did not make the contact. The Government has acted reasonably in keeping s s,ands informed. Petitioner's rights under the CVRA have not been violated. Therefore, her emergency petition should be denied. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: It Assistant U.S. Attorney Attorney for Respondent ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via facsimile transmission and U.S. Mail, this( day of July, 2008, to: Brad Edwards, Esq., The Law Offices of Brad Edwards & Associates, LLC, (954) 924-1530, 2028 Street, Suite 202, Hollywood, Florida 33020. Assistant U.S. Attorney - 8 - EFTA00183661

EFTA00183662

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. FILED by D.C. JUL 0 91008 STEVEN M. LKRIMORE CLERK U.S. Din CT. S.D. OF FLA. • WA B. DECLARATION a IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT cw CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771 I. I, do hereby declare that 1 am a member in good standing of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt ■) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, 1 was admitted to practice in California in 1995. 1 also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. EFTA00183663

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21 2 1 am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses. 3. Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three clients, and Your Affiant's letter to was provided by the FBI. (Ex. I ). Your A Mantis letter to III was hand-delivered by myself to at the time that she was interviewed (Ex. 2).2 Both and also received letters from the FBI's Victim- Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. status as a victim of a federal offense was confirmed when she was interviewed by 'Attorney Edwards filed his Motion on behalf of "Jane Doe," withoutififiaig which of his clients is the purported victim. Accordingly,) will address facts related to , S. and S.R. All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old. 'Please note that the dates on the U.S. Attorney's Office letters to III and In are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted. -2- EFTA00183664

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 3 of 21 federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to II on May 30, 2008 (Ex. 5). 4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your A ffiant had contact with • and Attorney Edwards' other client, was represented by counsel and, accordingly, all contact with IN was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.) 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, 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 3The undersigned does not know when Mr. Edwards began representing II. or whether ■. ever formally terminated Mr. Eisenberg's representation. -3- EFTA00183665

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 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." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007, la was openly hostile to the prosecution of Epstein. The FBI attempted to interview ■. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was... who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been -4- EFTA00183666

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 5 of 21 notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement. 9. After.. had been notified of the terms of the agreement, but before Epstein performed his obligations,III. contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent-. and several other identified victims. Pro bono counsel was able to assist.. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that.. was dissatisfied with the resolution of the matter. 10. In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that he represented.. and ■. and asked to meet to provide me with information regarding Epstein. I invited Attorney Edwards to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney Edwards that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney Edwards had alluded to so I advised him that, to my knowledge, was still represented by Attorney James Eisenberg. -5- EFTA00183667

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 11. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Affiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented ., and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your Affiant provided the attached victim notifications to and.. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to.. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of "I's prior statements to law enforcement, your Affiant could not in good faith include'''. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification of Emergency, Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had -6- EFTA00183668

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 already received the Certification of Emergency and Emergency Petition, I received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. 1 declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the tbrcgoing is true and correct to the best of my knowledge and belief. Executed this Rior day of July, 2008. -7- EFTA00183669

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 'Vest Palm Bench, PL 33401 (561)820.8 Fa 711 imile June 7,2007 DELIVERY BY HAND Miss G_— Re: Crime Victims' and Witnesses' Rights Dear Miss WS 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: (1) 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. Members of be 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 n hisaiprotected. If you have any concerns in this regard, please feel free to contact me at II , or Special Agent from•the Federal Bureau of Investigation at 561 822-5946. 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.ove.gov. You can seek the advice of an attorney with respect to the righik 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. EFTA00183670

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 9 of 21 Nes Miss cad., It1NE 7,20O PNGE 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 or myself immediately. It is possible that someone working on behalf of the targets o t e investigation may contact you. Such contact does not violaledhe law.- However, if you are contacted, you have the choice of speaking to that person or refusing Redo eo: iif ou 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, R. Alexander Acosta United States Attorney By Assistant United States Attorney cc: Special Agent IN= F.B.I. f f EFTA00183671

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/200 •••..e U.S. Department of Justice United States Attorney Southern District of Florida SO0 South Australian Ave., Suite 400 West Palm Death. FL 33401 (5613 870- Facsimile, August 11, 2006 DELIVERY BY HANQ Miss Teall Re: Crime Victims' and Witnesses' Rights Dear Miss MIla 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 determines that your testimony may be materially altered i f you are present for other portions of a proceeding. (4) The tight 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. Departnient of Justice and other Wend investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that Oaf rights arc protected. If you have an concerns in this regard, please feel free to contact me , or Special Agent from the Federal Bureau of Investigation at 561 822-5946. 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 vAvw.ovc.gov. You can seek the advice of an attorney with respect to the rights. listed above and, if you believe that the rights ;et forth above are being violated, you have the right to petition the Court for relief. EFTA00183672

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 11 of 21 M Iss TeISMINIS AUGUST 11,2006 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and hi from intimidation and harassment. If the Court determines that you are a victim, you • entitled to restitution from the perpetrator. A list of counseling and medical service ply. .. be provided to• you, if you so desire. If y o amity is subjected to any Mtn' • harassment, please cor.tact Special Agent or myself immediately. It is p, someone working on behalf of the targets of the investigation may contact you. Such t.;,,,• • not violate the law. However, if you are contacted, you have the choice of speaking to h . or refusing to do so. If ou nd feel that you are being threatened or harassed, du • Contact Special Agent I or myself. You also are entitled to notification o f upcomingcase events. At this lime, youi t. . investigation. II-anyone is charged in connection with the investigation, you will he not Sincerely, It Alexander Acosta cc: Special Agent By Assistant United States Attorney F.B.I. aces Moine if EFTA00183673

Case p0f3-py-85173§-KAM January 10, 2008 Document 14 Entered on FLSD Docket OZL15/2.01111, Page..12.of 21 U.S. Department of Justice Federal Bureau of Investigation FBI -Weal Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: (681)833-7517 Fax: (561) 833-7910 Re: Case Number:S Dear canstage Ibis 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 be metedelly catered If the victim heard other testimony et 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; (0) The right to tull and timely restitution es provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be heated with fairness and with respect for the victim's dignity and privacy. We will make ow best efforts to ensure you aro accorded the rights described. Moat 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 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 e formation about this metier 19fil,111111111/011N- . 19,1,GOV or from the VNS Call Center i a 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 ari • information to that add following Victim Identification Numb d • Personal Identification anytime you contact the Call Center and the first lime 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) es eunently contained In VNS. The name you should enter Is a EFTA00183674

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07115/2008'-'s Pale 11151 21 If you have additional questions which Involve this matter, please contact the office listed above. When you cat please provide the file number located al the top of this letter. Please remember. your participation in the notification pal of this program Is voluntary. In order to continue to receive notiticetionS. it Is your responsibility to keep your contact IntormatiOn current Sincerely. =MI Victim Specialist EFTA00183675

Case 9:087ov-80736-KAM January 10, 2008 Document 14 James Eisenberg One Cleedake Center Ste 704 Australian South West Palm Beach, FL 33401 Re. allOPIOnler Entered on FLSD Docket 07-015/200t30-)1 Page O1titif 21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Rattler Drive West Palm Beach, Ft. 33401 Phone: (581) 833.7517 Fax: (581) 8334970 Dear James Eisenberg: You have requested to receive notifications for ~MP This case Is cunently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. Ass crime victim, you have the following rights under le 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 et 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; (8) The right V4, 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 time, and It will become the responsibility of the prosecuting United States Attorney's Office to ensure you aro accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim NotlficatiOn 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 1.686-DOJ4YOU (1-888-355- 4968) (TDOMY:1-868-228-4819) (International: 1.502-213-2787). In addition, you may use the Cell Center or Internet to update your contact Information and/or change your decislen about participation In the notrfloabon program. If you update your information to include a current email address, VNS wet send information to that address. You will need the following Victim Identification Number WIN) '1941741' end Personal Identification Number (PIN) '7760' anytime you contact the Call Center end the rat 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 lest name (or business name) as currently contained in VNS. The name you should enter is Eisenberg. EFTA00183676

Case 9:08-ov-80736-KAM Document 14 Entered on FLSD Docket 07#46/24808-ni Page 4₹'tf 21 ‘•••••• \ars If you have additional questions Which Involve this matter, please contact the office listed above. When you call, please provide the ate number located at the top of this letter. Please remember, your paredpation in the notification part of this program is voluntary. In order to continue to receive notitIcations, his your responsibility to keep your contact information current. sincerely. VIcdm Specialist EFTA00183677

Case 9:Q87ov-80736-KAM May 30.2008 Document 14 Entered on FLSD Docket 071,151-20 L U.S. Department of Justice Federal Bureau of Investigation FBI • West Palm Beach Suite 500 505 South Fleeter Drive West Palm Beach, FL 33401 Phone: (661) B33-7517 Fax: (561) 633-7970 Re: Deere 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 heated with respect and are provided Information about their rights under federal law. These rights include notification of the status of the use. 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 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 1-t law; (7) The right to proceedings tree from unreasonable delay; (8) The right to be treated with fairness end with respect tOr 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 Individual for the crime, end it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are eeeorded those rights. You moy 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.Netify.USD0J.GOV or from the VNS Can Center at 1.866-DOJ-4YOU (1-886-365- 4968) (TOIYTTY: 1466-228.4619) (International: 1-502-213-2767). In eddlbon, you may use the Call Center or Internet to update your contact information andlor 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 Caii Center end the first time you log or. 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 Steroid enter is Flip EFTA00183678

Caseu9!08-ev-80736-KAM Document 14 Entered on FLSD Docket 07/46/20018",, Page t1t7tof 21 41••••• ilts..s•••••• "WO • II you have additional questions which Involve this matter, please contact the office listed above. Whon you ant please provide the Ike number located at the top of Ws 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, peclelisl TOTAL P.0? EFTA00183679

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 18 of 21 U.S. Department of Justice • United States Attorney Southern District of Florida 401.64 GOVERNMENT EXHIBIT caw µ0.05-80736•CV-MARRA EXHIBIT NO. 6 500 South Australian Ave, Suite 400 West Palm Beach. FL 33401 (561)820-Ba lm Facsimile: July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey E eir m/SaVhiii: 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, CS VIM 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 1, 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 EFTA00183680

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 BRAD EDWARDS, ESQ. NOTII- ICA now OF IDENTIFIED VICTIM cal vat 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, ComairWal is 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, (561) 659-8300. 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, ir 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 mysel f and Special Agents and Richards for the health and well-being of Ms. Valk By: cc: Jack Goldberger, Esq. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT U.S. ATTORNEY EFTA00183681

Case 9:08-cv-80736-KAM Document 14 U.S. Department of Justice Entered on FLSD Docket 07/15/2008 Page 20 of 21 \SO AO1114 GOVERNMENT EXHIBIT United States Attorney Southern District of Florida CASE no.08.8073C-CV-MARRA EXHIBIT NO. 7 500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 O6O820-871am Facsimile. July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The LarnLices of Brad Edwards & Associates, LLC 2028 UMIStreet, Suite 202 I lollywood, Florida 33020. Re: Jeffrey Epstein/SUM an 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, am imp 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-009454MOOCM13 and 2008-cf- 009381AXXXMB) 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 EFTA00183682

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 EWAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICtIM S 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, S lag is 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, (561) 659-8300. 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 myself and Special Agents and Richards for the health and well-being of Ms. Rauh, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. ASSISTANT U.S. ATTORNEY EFTA00183683

I. f I I . I I I EFTA00183684

Cape 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 1 of 41 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-8081 I -CIV-ZLOCH/SNOW C.M.A., Plaintiff, VS. JEFFREiiiii.N and Defendants. / FILED UNDER SEAL' FILED bar/ D.C. JUL 25 2008 STEVENU.S. M. LAIST CT RMORE CLE DEFENDAN FREY EPSTEIN AND MOTION FOR STAY • This motion is filed under seal because the deferred-ski ent between the United States Attorney's Office (by Assistant U.S. Attorney . l Esq.) and Mr. Epstein, discussed herein, contains a confidentiality clause. Lewis T isin 3059 GLAND MINIM-SUIT' NO. COCONUT GROVE, ROMA )3133 EFTA00183685

, Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 2 of 41 Defendants Jeffrey Epstein and 11. al respectfully move for a mandatory stay of this action under Title 18, United States Code, Section 3509(k), Section 1595(3)(1), and alternatively, under this Court's discretionary authority to stay civil litigation, based on the existence of a pending federal criminal action. Introduction This lawsuit arises from a pending federal criminal action concerning, among other things, an alleged assault of the plaintiff Jane Doe, who, according to her complaint, on "numerous occasions" provided "massages" to Epstein with "no credentials to provide massage therapy" and was "sometimes paid . . . for the `sessions'." Compl., ¶¶ 6, 11. A federal statute directly on point provides that when a civil suit alleging damages to a minor victim arises out of the same occurrence as a "criminal action," the civil suit "shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added).' I The full text of the mandatory-stay provision reads: If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court. 18 U.S.C. § 3509(k). LeAya..T .E.41 309 GRAND Avott*Suri 340.CocomvrGitort, FLOIUDA 33133 EFTA00183686

, Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 3 of 41 Accordingly, a stay of this case is mandatory until the criminal action arising from the same allegations is no longer pending. The Pending Federal Criminal Action In 2006, a Florida state grand jury indicted Jeffrey Epstein on allegations similar to those in the instant action (State of Florida I Jeffrey Epstein, Case No. 2006 CF 09454A, Fifteenth Judicial Circuit, Palm Beach County) (the "Florida Criminal Action"). Shortly thereafter, the United States Attorney's Office for the Southern District of Florida (the "USAO") began a federal grand-jury investigation into allegations arising out of the same incidents alleged in the instant action (Grand Jury No. 07-103 (WPB), United States District Court for the Southern District of Florida) ("the Federal Criminal Action"). In September 2007, the USAO and Mr. Epstein entered into a highly unusual and unprecedented deferred-prosecution agreement (the "Agreement"), in which the USAO agreed to defer (not dismiss or close) the Federal Criminal Action on the condition that Mr. Epstein continue to comply with numerous obligations, the first of which was pleading guilty to certain state charges in the Florida Criminal Action. The Agreement itself uses the term "deferred" (rather than "dismissed" or "closed") to describe the status of the Federal Criminal Action: THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida prosecution in this District, for these offenses shall be deferred in favor of prosecution by 2 Levftvitin". 3059 GlIANO AVM/E.SUITE 340. COCONUT GROVE. FLOIUDA 33133 EFTA00183687

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 4 of 41 the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement . . Agreement, at 2. By no stretch did the USAO finalize, close, complete, dismiss or abandon the Federal Criminal Action. Indeed, as the lead federal prosecutor recently explained, the USAO merely "agreed to defer federal prosecution in favor of prosecution by the State of Florida . . . ." See In re: Jane Doe, Case No. 08- 80736-C1V-Marra/Johnson (S.D. Fla.) (D.E. 14), Decl. of AUSA 07/09/08, ¶ 5, attached hereto as Exhibit "A" (emphasis added). Under the Agreement, the USAO presently retains the continuing right to indict Mr. Epstein - - or to unseal "any" already-existing federal "charges" that may already have been handed up by the federal grand jury and sealed - - should he breach any of its provisions. Agreement, at 2. The period of the deferral continues until three months after Mr. Epstein completes service of his sentence in the Florida Criminal Action. Id. Indeed, the final three months of the Agreement's term constitute an extended period during which the USAO expressly retains the ability to evaluate whether Epstein committed any breaches of his numerous obligations under the agreement while he was serving his state sentence, and, if it so determines, reserves the right to indict 3 Leyda 'rein 3059 GRAND AVENUE, SUITE 340. COCONUT GROVE, FLORIDA 33133 EFTA00183688

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 5 of 41 (or unseal an existing indictment against) Mr. Epstein - - even after he has completed serving his entire state sentence. The Agreement further provides that upon Epstein's execution of a plea agreement in the State Criminal Case, the Federal Criminal Action "will be suspended" and all pending grand-jury subpoenas "will be held in abeyance unless and until the defendant violates any term of this agreement." Agreement, at 5 (emphasis added). The Agreement directs the USAO and Epstein to. "maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued," and to maintain such evidence "inviolate." Id. (emphasis added). It also expressly provides that the grand-jury subpoenas continue to remain "outstanding" until "the successful completion of the terms of this agreement." Id. (emphasis added). Further, it includes a promise not to prosecute movant/defendant MB only if "Epstein successfully fulfills all of the terms and conditions of th[e] agreement." Id. Finally, the Agreement provides that the USAO's declination of prosecution for certain enumerated offenses and dismissal of any existing (sealed) charges will not occur until 90 days following the completion of his state sentence: If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the 4 l 'evAttaS in a 5059 GRANO AVINUS. Suns 540. Cocoettrr Glint FLORIDA 31135 EFTA00183689

• Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 6 of 41 United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of [sic] giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein, if any, will be dismissed. Agreement, at 2. Consistent with the Agreement and its position that the Federal Criminal Action continues to remain pending, the USAO recently sent letters to attorneys for people that the USAO has designated as "victims." In those letters, the USAO asked, "[I]f 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 [AUSA]." See Decl. of AUSAMIN, Exhs. 6 & 7, at 2 (July 9, 2008). The clear implication of the USAO's request (by which the USAO appears to involve itself in the instant litigation, despite advising the recipients that it cannot "take part in or otherwise assist in civil litigation," id. at 2), is that the USAO believes that such denial might breach the Agreement. 5 Leda Vein n 3O9Own AVSNW. SUITE 340. Conniff Own. FLORIDA 33133 EFTA00183690

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 7 of 41 Accordingly, the Federal Criminal Action remains "pending." Discussion I. Section 3509(k) Imposes a Mandatory Stay. The language of Title 18, United States Code, Section 3509(k) is clear and mandatory: a parallel "civil action shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added). The word "shall" means that the statute's command is mandatory and not subject to a Court's discretion. See, e.g., 1. 531 U.S. 230, 241 (2001) (noting Congress' "use of a mandatory `shall' to impose discretionless obligations") (emphasis added); Lexecon Inc.'. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26, 35 (1998) (explaining that "the mandatory 'shall' . . . normally creates an obligation impervious to judicial discretion") (emphasis added). Cf. 1. French, 530 U.S. 327, 350 (2000) (construing the litigation-stay provision of the Prison Litigation Reform Act, holding, "Through the PLRA, Congress clearly intended to make operation of the automatic stay mandatory, precluding courts from exercising their equitable powers to enjoin the stay. And we conclude that this provision does not violate separation of powers principles.") (emphasis added). One District Court within the Eleventh Circuit recently construed "the plain language of § 3509(k)" as "requirlind a stay in a case . . . where . . . a parallel criminal action [is] pending." Doe, Francis, No. 5:03 CV 260, 2005 WL 950623, 6 Lesgasin ri 3059 GRAND Menni. SUITE 340.COCOsur GROW- Fumon 33133 EFTA00183691

• Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 8 of 41 at *2 (N.D. Fla. Apr. 20, 2005) (Francis If) (emphasis added), Accord Doe I Francis, No. 5:03 CV 260, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (Francis I) (staying federal civil action in favor of "a criminal case currently pending in state court in Bay County, Florida, arising from the same facts and involving the same parties as the Instant action," noting that "the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case such as this where a parallel criminal action is pending which arises from the same occurrence involving minor victims") (emphasis added). There is no contrary opinion from any court. In determining that the federal stay provision is mandatory, the Francis 11 court expressed that there was apparently no case law supporting, or even "discussing the [avoidance] of a stay [under the command of] § 3509(k)." Francis II, 2005 WL 950623, at *2. Deferring to the statute as written, the Francis II court rejected the plaintiffs' argument that some of the alleged victims had already reached their majority. See id. The court similarly rejected the plaintiffs' argument that it would be in the victims' best interests to avoid a stay so as to counteract the victims' "ongoing and increasing mental harm due to the `frustrating delay in both the criminal case and [the civil] case.' Id. 7 Lewis Mein ri 5059 GRAM> AVENUE. Sin 340, CocOnvr GROVE, FLORIDA 33133 EFTA00183692

. Case 9:08-cv-80811 -KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 9 of 41 II. Section 3509(k) Applies to Investigations, Not Just Indictments. While there is no unsealed indicted criminal case against Mr. Epstein, the government's criminal investigation against him remains open. Section 3509(k) clearly applies to stay civil cases during the pendency, not only of indicted criminal cases, but also of pre-indictment criminal investigations. The term "criminal action" is not expressly defined in § 3509(k). It is defined, however, by a closely related statute. Title 18, U.S.C. § 1595 provides a civil remedy for "forced labor" and "sex trafficking" violations, but stays such actions "during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim."2 In enacting § 1595, Congress 'The full text of that statute provides: § 1595. Civil remedy (a) An individual who is a victim of a violation of section 1589, 1590, or 1591 of this chapter may bring a civil action against the perpetrator in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. (b) (1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. 18 U.S.C. § 1595. (2) In this subsection, a "criminal action" includes investigation and prosecution and is pending until final adjudication in the trial court. 8 Leay.M.AISirl 3050 OR NO AVENUE, Sun 340. COCONUT GROVE, RONDA 33133 EFTA00183693

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 10 of 41 specifically intended that the term "criminal action" would be applied extremely broadly. Accordingly, Congress took pains to ensure that courts would give it the broadest possible construction and, for that reason, specified in the definition provision that "criminal action" also "includes investigation." 18 U.S.C. § 1595(b)(2). The only reported decision addressing this provision interpreted it according to its plain language. See Ara I. Khan, No. CV 07-1251, 2007 WI, 1726456, *2 (E.D.N.Y. June 14, 2007) (ordering "all proceedings in this case stayed pending the conclusion of the government's criminal investigation of the defendants and of any resulting criminal prosecution") (emphasis added). Given that the USAO's Agreement with Epstein indicates that: the grand-jury's subpoenas remain "outstanding" (Agreement, at 5); the subpoenas are "h[e]ld . in abeyance" (id.); • the subpoenas are not "withdrawn" (id); the parties must "maintain their evidence" (id.) (which would be entirely unnecessary if the investigation against Epstein were closed); • "any" existing "charges" will not "be dismissed" until after Epstein has "timely fulfill[ed] all the terms and conditions of the Agreement" (id. at 2) (emphasis added); and "prosecution in this District .. . shall be deferred" (id.) (but not closed or dismissed) - - then the only reasonable conclusion is that the Federal Criminal Action remains "pending." 9 1Leytitain N. 3059 Giulio Avoiut, Son 340, Cocomur G•ovx. Ro•,o4 33133 EFTA00183694

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 11 of 41 The ordinary meaning of the adjective "pending" is "[r]emaining undecided; awaiting decision . . . ." Black's Law Dictionary 1154 (8th ed. 2004).3 See also White". Klitzkie, 281 F.3d 920, 928 (9th Cir. 2002) (relying on Black's Law Dictionary, in the context of a criminal case, for the definition of "pending" as "awaiting decision"); Swartz'. Meyers, 204 F.3d 417, 421 (3d Cir. 2000) (relying on Black's Law Dictionary for the definition of "pending," expressly because "'pending' is not defined in the statute"). Any common-sense reading of the Agreement and the USAO's recent sworn construction of it, is consonant with the Federal Criminal Action's "remaining undecided" and "awaiting decision." See Unified Gov't of Athens-Clarke County f. Athens Newspapers, LLC, No. S07G1133, ___, 2008 WY, 2579238, *3 (Ga. June 30, 2008) (reviewing a public-records request against Georgia's "pending investigation" exception to its open-records law, and holding that "a seemingly inactive investigation which has not yet resulted in a prosecution logically "remains undecided," and is therefore "pending," until it "is concluded and the file closed") (emphasis added). ' The United States Court of Appeals for the Eleventh Circuit routinely relies on Black's Law Dictio ry for the definition of statutory terms, including in criminal cases. See e.g., United States.. Young, 528 F.3d 1294, 1197 n.3 (11th Cir. 2008) (definitions of criminal "complaint" and "indictment"); United States,. Brown, 526 F.3d 691, 705 (11th Cir. 2008) (definition of "knowingly" in criminal statute). 10 LevAitaisi 7039 GLAND AVENUE, SUM 310, CoCcaivr GROVE. FI.OluDA 3313) EFTA00183695

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 12 of 41 III. Section 3509(k) Applies Even After a Plaintiff Turns 18. The parallel stay provision in § 1595, discussed supra at 8-9, mandates, without exception, that any civil action brought under that section for violation of § 1591 (prohibiting transportation of minors for prostitution) "shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim." 18 U.S.C. § 1591(b)(1). Whether the § 1595 plaintiff has turned 18 does not vitiate the efficacy of this mandatory stay. An example illustrates why the stay provided in § 3509(k) has the same broad scope as the stay provided in § 1591(b)(1). As discussed above, § 3509(k) stays any civil suit for injury to a minor, arising out of the same occurrence as a pending criminal action. One type of civil suit falling within § 3509(k)'s ambit is a suit seeking redress for a violation of 18 U.S.C. § 2423(a). Section 2423(a) - - just like § 1591 - - prohibits transportation of minors for prostitution. The elements of both statutes are identical. There would simply be no legitimate basis for Congress to differentiate between the consequences attached to violating these two sections. Thus, just as Congress mandated under § 1595(b)(1) that civil discovery shall be stayed when there is an ongoing federal investigation under § 1591 (even after the victim turns 18), the identical treatment should apply under § 3509(k) to civil actions brought for the identical violation of § 2423(a). 11 Lenttll:sin 3059 139.4.49 AVMS, Su1T9 340. COCONUT Own. FLOCO.4 33133 EFTA00183696

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 13 of 41 Logic compels a rule requiring continued application of the § 3509(k) stay to a putative victim who has since turned 18. Consider again the example of § 2243(a). Assume that the USAO is investigating a § 2243(a) violator with two alleged victims; one who is now 17, and one who has turned 19. Assume further that both decide to sue the alleged offender while the USAO is still in the process of conducting its criminal investigation. Why would Congress enact § 3509(k) to prohibit the defendant from conducting civil discovery in the 17-year-old's lawsuit, but permit him to conduct full discovery in the 19-year-old's lawsuit, including taking the depositions of both the 19- and the 17-year-old, the federal investigating agents and all the grand-jury witnesses? This could not have been Congress' intent. The legislative history to a statute resembling § 1595 is also instructive. When Congress enacted 18 U.S.C. § 2255, it provided a civil remedy to any "minor . . . victim" of enumerated federal sex offenses. See Child Abuse Victims' Rights Act of 1986, Pub. L. No. 99-500, 100 Stat. 1783, § 703 (1986). In 2006, Congress amended the statute to clarify that the civil cause of action was available not just while the victim was a minor, but even after she or he turned 18. See Pub. L. 109-248, 120 Stat. 650, § 707 (b)(1)(A) (amending § 2255 to permit suit by adults who were victims of enumerated federal offenses when they were minors, by deleting "Any minor who is [a victim]" and adding "Any person, who, while a 12 Lewis Teinn. 3030 Owe Avows, SUITE 340. COCONUT Govt. FLOIUDA 33133 EFTA00183697

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 14 of 41 completion of a criminal action. See also 18 USC § 3509(k). H.R. Rep. 108-264(11), 108th Cong., 1st Sess. (2003), reprinted at 2003 WL 22272907, at *16-17 ("agency view" by the Department of Justice on bill later codified at 18 U.S.C. § 1595). The Department specifically argued to Congress in the clearest terms: "We believe that prosecutions should take priority over civil redress and that prosecutions should be complete prior to going forward with civil suits." Id. at 17 (emphasis added). Nowhere did the Department suggest that pending prosecutions warrant less protection (i.e., should be "hinder[ed]") simply because a particular civil plaintiff happens to reach his or her 18th birthday. IV. A Stay is Mandatory Despite Resulting "Delay" to Civil Lawsuits. Inherent in any § 3509(k) stay is delay to the progress (discovery, trial, appeal) of all related civil lawsuits. Congress recognized this in enacting the stay provision, which necessarily prioritized the interests of completing a criminal investigation and prosecution over the interests of a particular plaintiff in seeking personal pecuniary damages. Based on this reasoning, the Francis II court specifically refused to provide any relief to plaintiffs "simply because the state [criminal] matter is not progressing as fast as they would hope." The court made this determination despite the plaintiffs' complaints about the "frustrating delay" and that "the state criminal case 'has languished for almost two years with no end 14 3059 GRAM) Avon& Sun 340, COCONUT GROVE, FLORIDA 33133 EFTA00183698

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 15 of 41 in sight,' finding that this "is a matter to be addressed in state [criminal] court." Id. Accordingly, the anticipated delay in this case, attendant to the term of the deferred-prosecution agreement, does not change the clear command of § 3509(k). According to her own pleadings, the plaintiff waited seven years before filing this lawsuit, Compl. ¶¶ 2,6, and so cannot rightfully claim prejudice from additional temporary delay. B. Section 3509 Aside, a Discretionary Stay is Warranted. Even, arguendo, were this Court not to apply the mandate of § 3509, a discretionary stay should still be entered during the pendency of the Federal Criminal Action. SEC,. Healthsouth Corp., 261 F. Supp. 2d 1298, 1326 (RD. Ala. 2003) ("No question exists that this court has the power to stay a civil proceeding due to an active, parallel criminal investigation."). Other federal statutes support such a stay -- particularly when the criminal action may be adversely affected by the civil litigation. For example, under 18 U.S.C. § 2712(e)(1), "the court shall stay any action commenced [against the United States] if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or prosecution of a related criminal case." Allowing this lawsuit to progress while Epstein remains subject to the Federal Criminal Action will prejudice him irrevocably and irreparably. As 15 Lesnisasintb 3039 GRAND AvINK SUM 310. COCOPWf GROH., FLOIUVA 33131 EFTA00183699

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 16 of 41 provided below, there are several adverse effects to allowing this case to proceed while the Federal Criminal Action remains pending. In this lawsuit, Epstein has a right to defend himself. In the Federal Criminal Action, Epstein has a right against self-incrimination.4 Without a stay, Epstein will be immediately forced to abandon one of these rights. Should he choose his Fifth Amendment rights, he will expose himself to an adverse inference at the summary-judgment stage and at trial. See generally, Wehlingl. Columbia Broad. Sys, 611 F.2d 1026, 1027 (5th Cir. 1980) (observing that "invocation of the privilege would be subject to the drawing of an adverse inference by the trier of fact"). On the other hand, should Epstein choose his right to defend himself in this lawsuit, the USAO will be able to use his responses at every stage of the discovery and trial process (e.g., his Answer, responses to document requests, responses to requests for admissions, sworn answers to interrogatories, answers to deposition questions, and trial testimony) to his detriment in the Federal Criminal Action.5 ° The privilege applies in "instances where the witness has reasonable cause to apprehend danger" of criminal liability. Hoffman United States, 341 U.S. 479, 486 (1951). This could give the USAO a tremendous advantage in prosecuting Epstein in the Federal Criminal Action. See Comment, Using Equitable Powers to Coordinate Parallel Civil and Criminal Actions, 98 Han,. L. Rev. 1023, 1026 (1985) (observing that "the prosecutor may have access to detailed civil depositions of the accused witnesses, while the rules of criminal procedure bar the accused from deposing the prosecutor's witnesses"). 16 11...e.Va 1 4El n n. 3039 GRAND AVENUE, WTI MO. COCONUT GROVE. FLORIDA 33133 EFTA00183700

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 17 of 41 In this lawsuit, even before civil discovery begins, under the Initial Disclosures required by Fed. R. Civ. P. 26 and S.D. Fla. Local Rule 26.1, Epstein "must" disclose the identities of all the witnesses he would call in his defense to the Federal Criminal Action (Rule 26(a)(1)(A)(i)), copies of "all documents" he "may use to support [his] defenses" (Rule 26(a)(1)(A)(ii)), as well as the identity of "any" expert witness he "may use at trial," along with mandatory disclosure of "a written report" containing "a complete statement of all opinions the [expert] will express and the basis and reasons for them" (Rule 26(aX2)(A) and (B)(i)). In contrast, in the pending Federal Criminal Action, which is governed exclusively by the Federal Rules of Criminal Procedure, the USAO would not be entitled to compel pre-trial production of any of this information. See Fed. R. Cr. P. 16(b)(1)(A), (C), and 16(b)(2); United States Argomaniz, 925 F.2d 1349, 1355-56 (11th Cir. 1991) (explaining act-of-production privilege). Thus, absent a stay of this civil action, the USAO would receive fundamentally unfair access to defense information and highly prejudicial advance insight into criminal defense strategy. See Comment, 98 Han& L. Rev. at 1030 ("To the extent that a prosecutor acquires evidence that was elicited from the accused in a parallel civil proceeding, the criminal process becomes less adversarial."). 17 lae-VICINI. 70)90w. AVENUE. SUITI340.COCOMUT GROWL FLORIDA )3133 EFTA00183701

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 18 of 41 Without a stay in place, discovery will proceed, including against third parties. Mr. Epstein will have no alternative but to issue subpoenas seeking evidence from state and federal law-enforcement officers. For example, Epstein is clearly entitled to discover evidence of prior statements (including inconsistent statements) given by witnesses whom law-enforcement has previously interviewed. See, e.g., Cox'. Treadway, 75 F.3d 230 (6th Cir. 1996) (holding that district court properly admitted testimony of prosecutor about prior inconsistent statements that witness made to the prosecutor). Likewise, Epstein may be entitled to discovery of relevant evidence that is in the present possession of the grand jury or other law- enforcement agencies. See, e.g., Simpson E. Hines, 729 F. Supp. 526, 527 (E.D. Tex. 1989) ("The grand jury has concluded its deliberations . . . . The need for secrecy of these specific tapes no longer outweighs other concerns."); Golden Quality Ice Cream Co., Deerfield Specialty Papers, Inc., 87 F.R.D. 53, 59 (E.D. Pa. 1980) ("[W]here, as here, the grand jury has completed its work and all that is sought are those documents turned over to the grand jury by the corporations which are defendants in the civil case, the considerations . . . militating against disclosure are beside the point.") (citing Douglas Oil Co. of Calif, Petrol Stops Nw., 441 U.S. 211 (1979)). In response to such third-party subpoenas to law-enforcement witnesses, we anticipate that it will be the government, not Mr. Epstein, who will object to 18 Lewis Tein 7039 GIMP AVENUE, SUITE 340. COCONVTGROVS, FLOODA 33133 EFTA00183702

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 19 of 41 discovery in this civil case, until the final conclusion of the Federal Criminal Action. Conclusion Because this lawsuit arises from the same allegations as the Federal Criminal Action, this Court should stay this lawsuit until that action is no longer pending. Respectfully submitted, By: LEWIS TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 F• • 305 67110.. SA/. A. EWIS Ha. Bar No. 623740 [email protected] MICHAEL R. TEIN Fla. Bar No. 993522 [email protected] ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691 By: Jack A. Goldberger Ha. Bar No. 262013 [email protected] Attorneys for Defendant Jeffrey Epstein 19 Lewis ri. 3039 GUM Avon* Sint 340. Coco/40r Gaon. FLO1110A 33133 EFTA00183703

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 20 of 41 EXHIBIT A i EFTA00183704

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 21 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. FILED by 'P D.C. JUL 0 9 2008 VDU M. LARIMORt CLEAXUAL Wit Ct II. 0. yr FLA. • Walt DECLARATION al IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFMCEMENT QF CRIME VICTIM RIGHTS ACT. 18 U.S.C. ti 3771 do hereby declare that 1am a member in good standing of the liar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt Ili in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. 9/0 EFTA00183705

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 22 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21 2 I am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses. 3. Throughout the investigation, when a victim was identified, victim not i fication letters were provided to her both from your Milani and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three clients, al, and Your Affiant's letter to was provided by the FBI. (Ex. I ). Your Affiant's letter to was hand-delivered by myself to al at the time that she was interviewed (Ex. 2).2 Both. and also received letters from the FBI's Victim- Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). S was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. lits status as a victim of a federal offense was confirmed when she was interviewed by 'Attorney Edwards filed his Motion on behalf of "Jane Doe," without ti whic " his clients is the purported victim. Accordingly, I will address facts related Iona. ME, and MR All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old. 2Please note that the dates on the U.S. Attorney's Office letters to S and... are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted. -2- EFTA00183706

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 23 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 3 of 21 %me federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to on May 30, 2008 (Ex. 5). 4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your A (tient had contact with C.W. and II Attorney Edwards' other client, was represented by counsel and, accordingly, all contact with MB was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.' 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, 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 'The undersigned does not know when Mr. Edwards began representing ■. or whether ever formally terminated Mr. Eisenberg's representation. -3- EFTA00183707

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 24 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 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 panics 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." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007,. was openly hostile to the prosecution of Epstein. The FBI attempted to interview ■. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been -4- EFTA00183708

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 25 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 5 of 21 notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement. 9. A nein. had been notified of the terms of the agreement, but before Epstein performed his obligationsn. contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent'''. and several other identified victims. Pro bono counsel was able to assists. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that. was dissatisfied with the resolution of the matter. 10. In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that he represented'''. and'''. and asked to meet to provide me with information regarding Epstein. I invited Attorney Edwards to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney Edwards that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney Edwards had alluded toll., so I advised him that, to my knowledge,III. was still represented by Attorney James Eisenberg. -5- EFTA00183709

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 26 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 II. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Aftiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented.., and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed your A fliant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your Aftiant provided the attached victim notifications to and■. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to.. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light 01 .'s prior statements to law enforcement, your Affiant could not in good faith include'''. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification ofEmergency, Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Aftiant had -6- EFTA00183710

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 27 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 already received the Certification of Emergency and Emergency Petition, l received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct to the best of my knowledge and belief. Executed this day of July, 2008. -7- EFTA00183711

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 28 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20 %or U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avt , Suits, 400 Wen Palm &ark Ft 1)401 (560670.1ams Facsimile. June 7, 2007 DELIVERY BY HAND Miss @ill wea Re: Crime Victims' and Wapcsses' Rights Dear Miss We 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 nghts arc: (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 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. l( 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 tlaw ri hts arc protected. If you l this regard, please feel free to contact me at IN , or Special Agent fromthe Federal Bureau of Investigation at 561 822.5946. You alsu• can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.301-5983. That Office has a website at www.ovc.gov. You con seek the advice of an attorney with respect to the rigliik 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. EFTA00183712

Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM miss newalb JUNE 7, 2007 PAGE. 2 Document 33 Document 14 Entered on FLSD Docket 01/07/2009 Page 29 of 41 Entered on FLSD Docket 07/15/2008 Page 9 of 21 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 ou or our 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 violawlse lave:, However, if you arc contacted, you have the choice of speaking to that person or refusing led° So. I u 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. By: cc: Special Agent_-, F.B.I. Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attorney f EFTA00183713

Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM DaktSall Miss Document 33 Document 14 me, Entered on FLSD Docket 01/07/2009 Page 30 of 41 Entered on FLSD Docket 07/15/200 %ay U.S. Department of Justice United States Attorney Southern District of Florida 500 Sough Australian Arc.. Suite 400 West Palm !leach. Ft 53401 (5611820.87 I Facsimile August 11, 2006 Re: Crime Vicijins' and Witnesses' Ruth's Dear Miss a Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of nghts. 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 determines that your testimony maybe 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 retsonable 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. ( 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 t ese protected. If you e an concerns in this regard, please feel free to contact me al , or Special Agent from the Federal Bureau of Investigation at 561 822.5946. You also can contact the Justice DeparRnent'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 .fel forth above are being violated, you have the right to petition the Court for relief EFTA00183714

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 31. of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 11 of 21 MISSTea AuGuST 11,7006 PAGE 2 In addition to these tights, 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 you or out family is subjected to any iMir harassment, please contact Special Agent or myself immediately. It is p, • someone working on bchalfof the targets of the investigation may contact you. Such cu • not violate the law. However, if you are contacted, you have the choice of speaking in . or refusing to do so. If ou refuse and feel that you are being threatened or harassed, tlic contact Special Agent or myself. You also are entitled to notification o f upcoming case events. At this time, you' t . • investigation. If anyone is charged in connection with the investigation, you will he Sincerely, R. Alexander Acosta United States Attorney By: Assistant nite a es cc: Special Agent MIME F B fi EFTA00183715

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 32 of 41 Case 9:08:py-8971§-KAM Document 14 Entered on FLSD Docket OZL15/20(18, Page,120af 21 U.S. Deparbnent of Justice Federal Bureau of investigation FBI • Weal Palm Beach Suite 500 505 South Pinter Drive West Pen Beach, FL 33401 Phone: (681)6317517 Fax: (561) 833.7970 January 10, 2C08 Re: Case Number:de Dear Mae. This case le currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct e thorough Investigation. Ass crime victim, you hive the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the *ceased; (2) The right to reasonable, accurste, and Ornery notice of any public coup proceeding, or any parole proceeding, Involving the crime of 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 clew and convIndng evidence. determines that testimony by the victim would be natality altered it the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district cowl Involving redone, plea, sentencing. or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (0) The right to foil end timely restitution as provided In NW; (7) The right to proceedings free from unreasonsble delay; (8) The right to be treated wan fairness end with rasped for the viotIm's dignity and privacy. We will make our best efforts to ensure you are accorded the eights described. Most of these rights pertain to events occurring after the arrest or indictment or en Individual for the crime. and it will become the responsibility of the prosecuting United Stings Attorney's Office to ensure you era accorded those rights. You may also seek the advice ore private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct Information regarding the case as 4 proceeds through the criminal justice system. You may obtain current Information about this matter on the Internet at WWW.Nodty.USDOJ.GOV w from the VNS Cali Center at 1.666-00J-4YOU (14366461 4968) (rOD/ITY: 1.886.2284619) (International; 1.502.2132767). In addition, you may use the Call Cents: or Internet to update your contact information end/or charge your dedsion about Pettish:480n in the negation 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 (MN) '1941737' Mai' Persons 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 prompted to enter your last name (or business name) es currency contained In VNS. The name you should enter is EFTA00183716

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 33 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008"' Pada `1'38121 N•ror sem/ n you have &Monet questa:ins which Ne this matter, please contact ma office listed above. When you cal, pines provide the fee number bested et the top of IIIIs latter. Plane remember. your participation In the noeficabon part of this program Is adultery. In order to continue to receNt notlficebons. Ills your responsibility to leap your contact Inform Mon current Sincerely. Vic rr iggallst EFTA00183717

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 34 of 41 Case 9:08rcv-80736-KAM Document 14 Entered on FLSD Docket 074046/2000”, Paget:NV 21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Pe/in Beech Suite 500 505 South Hagler Drive West Palm Beach, FL 33401 Phone: (581)833-7517 Fax: (501)8334970 January 10, 2008 James Eisenberg One Cluariake Center Stu 704 Ausbellan South West Palm Beach. Ft. 33401 Re: Dear Dear James Eisenberg: You have requested to receive notifications for Talbfalp This case Is currenCy under Investigation. This oan bee lengthy process and we request your continued patience while we conduct a thorough Investigation. As • crime victim, you hetes the following tights under 18 United Stales Code § 3711: (1) The right to be reasonably protected from the, accused: (3) The right to reasonable, accurate, end 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 convinoIng evidence, determines that testimony by the victim would be materially altered If the victim heard other testimony at that proceeding (4) The dght to be reasonably heard et any public proceeding In the district court Involving release, pies. sentencing. or any parole proceeding; (5) The isogonal* right to confer with the stormy for the government in the case; (6) The right to full and timely restitution as provided in law: (7) The night to proceedings bee from unreasonable delay: (8) The right to be treated with fewness and with respect for the victim's dignity and privacy. We will make our best etforte to ensure you are accorded the rights described, Most of these nghb pertain to events °caning after the arrest or Indictment of an Individual for the came, and It will become the responsibalty of the prosecutIng United States Attorney's °Moe to ensure you are accorded those rights. You may abo seek the edvIce of a peal* attorney with respect to these rights. The Victim N0tificeitI0n 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.Natify.U,SDO.I.GOV or from the VNS Call Center at ¶.885-DOJ-4YOU (1.886.385- 4968) (TDD/ITY: 1-866.228.4819) (International: 1.802.213-2767). In addition, you may use the CO Center or impureto update your contact inforrnebon end/Or change your decision about participation in the notrflostion program. If you update your Information to Include a current email address. VNS will send information to that address. You wit 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 leases the VNS Internet site, you will be prompted lo enter your last name (or business name) as currently contained in VNS. The name you should enter Is Eisenberg. EFTA00183718

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 35 of 41 Case 9:08-ov-80736-KAM Document 14 Entered on FLSD Docket 07446/N08>Di Page el:Eraf 21 v ' II yOU have addlUonel questions width Involve this matter, please contact the office fisted above. When you cell. please provide the ale number located at the top of this letter. Please remember, your participation in the notification part of this proven Is voluntary. In order to continue to receive notifications. It is your responsibility to keep your conical Intonation current. Sincerely. Victim Spe6aksi EFTA00183719

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 36 of 41 Case 9:08:cv-807.36-KAM Document 14 Entered on FLSD Docket 0-71,151-20 Nee U.S. Depertment of Justice Federal Bureau of Investigation FBI. West Palm Beach Suite 600 505 South Flagler Drive West Palm Beech, FL 33401 Phone: (661) 833-7517 Fax: (661) 6334870 1A0) 3C 2CM? Re: DeerMan 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 ere 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 InvesSeaton. 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, resource and Instructions for accessing the Victirn Notification System (VNS). VNS is designed to provide you with information recording tee 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 investigetion. As a crime victim, you have the follovAng rights under 18 United States Code § 3771: (1) The right to Co reasonably protected from the accused; (2) The right to reasonable, accurate, end 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 et that proceeding; (4) The right to be reasonably heard et any public proceeding in the district court Involving release, plea, sentencing. or any parole proceeding; (6) The reasonable right to confer with the attorney for the Government In the case; (6) The right to full and timely reattuton is provided Is law; (7) The right to proceedings tree from unreasonable delay; (6) The right to be treated with fairness end with respect for the victIm's regNty and privacy. We will make or best efforts to ensure you era sccorded the rights described, Most of these rights pertain to events occurring after the snit or Indictment of an Individual for the crime, end it cold 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 e 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.Notity.USDOJ.GOV or from the VNS Cell Center et 1.666-DOJ-4YOU (1-866.355- 4968) (TDD/TTY: ta366-226.46191 (Intemetionat 1-602.213-2767). In addition, you may use the Call Center or Internet to updete your contact Information and/or change your decision about participation in the notification program. if you update your Information to include e 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 end the first lime you tog or. to VNS on 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 Alpe EFTA00183720

Case 9:08-cv-80811-KAM Case 9:08-cv-80736-KAM Document 33 Document 14 \me Entered on FLSD Docket 01/07/2009 Page 38 of 41 Entered on FLSD Docket 07/15/2008 Page 18 of 21 stose GOVERNMENT WINDT U.S. Department of Justice United States Attorney Southern District of Florida CASE Nop840136CV-MARRA EXHIBIT NO 6 500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 (561) 820-8711 Facsimile. O6O820.8777 July 9, 2008 DA FACSIMILE Brad Edwards, Esq. The Law Offices or Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Dear Mr. Edwards: sleffity Epstein/C va NOTIFICATION OF IDENTIFIED VICTIM 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, OBS wit On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations ofFlorida 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- 009381AXXXMB) 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 1, 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 EFTA00183721

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 39 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 %sr BRAD EDWARDS, ESQ NOTOICATION OF IDENTIFIED VICTIM Ca Vi Mix 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, CIIIIMIlpWa is 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, (561) 659-8300. 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, ifiyou do file a claim under I8 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 and Richards for the health and well-being of Ms. a By: cc: Jack Goldberger, Esq. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTAN .S. AT RNEY EFTA00183722

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 40 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Paz! 20 of 21 Southern District of Florida United States Attorney OCIVER EXHIBIT NUENT CASE Na0S8073(-CV-MARRA OM NO. R 7 Nee US. Department of Justice 500 South Australian Ave., Suite 000 West Palm Beach. FL 33401 (5611810-8711 Facsimile: July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/Site a NOTIFICATION OF IDENTLFIEp 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, IMMO 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-009454AXXXMEI and 2008-cf- 009381AXXXMB) 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 1, 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 EFTA00183723

Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 41 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 Nat BRAD EDWARDS, ESQ. NI)TIF ICA TION OF IDENTIFIED VICTIM SINSIIIIIP Ms 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, Salk P is an individual whom the United States was prepared to name as a victim of an enumerated offense. Should your client decide to tile 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, (561) 659-8300. 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 myself and Special Agents- and Richards for the health and well-being of Ms. R` R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASS A U- S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00183724

EFTA00183725

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUI IN AND FOR LEON COUNTY, FLORIDA FLORIDA S INC. CANE 1 B1517110554 LEAGUE, . ) Plaintiff, ) ) Case Number: vs. ) ) FLORIDA DEPARTMENT OF ) ENVIRONMENTAL REGULATION, ) ) Defendant. ) ) ORDER This cause is before the Court on the Complaint of the Florida Sugar Cane League, Inc. ("League"). The League seeks an order requiring a state agency, the Florida Department of Environmental Regulation ("DER"), to release certain documents under its custody and control, pursuant to the Florida Public Records Act, Chapter 119, Florida Statutes. The facts in this case are as follows: DER is a Defendant in the case styled United States N. South Florida Water Management District. et al., Case No. 88-1886-CIV- Hoeveler, United States District Court, Southern District of Florida ("U.S. lc SFWMD"). DER, as a Defendant in that case, entered into settlement negotiations with the plaintiff as represented by the United States Department of Justice ("DOJ"). During the negotiations, drafts of proposed settlement agreements and other information relating to the settlement proposal were made, sent or received by DER to and from federal agencies and representatives, including DOJ. DER also entered into an agreement with DOJ to keep all documents it received during the settlement 'negotiations confidential. C, 265 EFTA00183726

R1517110555 On May 21, 1991, the League made a public records request for a draft of the Settlement Agreement which the Secretary of DER had publicly stated as having been received by DER. On May 28, 1991, DER responded to the League's request by refusing to disclose the requested document claiming the document was privileged and immune to discovery. On May 31, 1991, the League filed this action, pursuant to Chapter 119, Florida Statutes. A hearing was originally scheduled before this Court for June 5, 1991, but DER removed the case to federal district court, where it was ultimately transferred to the Southern District of Florida. The League filed a Motion to Quash DER's Notice of Removal, which motion was argued before Judge William Hoeveler on July 10, 1991, and was granted on September 10, 1991. The federal court held that there was no federal jurisdiction over the matter as the League's claim arises purely under state law, and Judge Hoeveler remanded the case back to this Court. A hearing was held before this Court on September 16, 1991. Attorneys for the parties appeared and argued their respective positions. DOJ also appeared, pursuant to title 28, United States Codes, section 517, to argue in support of DER and to advise the Court of the United States' asserted interest in keeping the documents from public disclosure. DER asserts that Florida's Public Records Act is not applicable in this matter because it has been preempted by "federal immunities and privileges." DER further claims that it has contractually vowed to the United States to withhold requested documents under the confidentiality agreement 2 266 EFTA00183727

OR/517°C0556 into which it entered with DOJ, and that DER is acting as DOJ's agent in withholding the documents from public disclosure. This Court rejects these arguments. Florida's public records law is sweeping in its breadth and requires virtually unfettered public access to records in the custody of state agencies. Unless a statutorily provided exemption permits nondisclosure of public records, Florida law requires that all such records in the custody of state agencies be open and available for public inspection. The parties agreed that there is no statutory exemption in the Florida Public Records Act which would prevent disclosure of public records received by state agencies during settlement negotiations in U.S. I. SFWMQ, including the records sought by the League in this case. DER has cited no applicable statutory exemption in the Florida Public Records Act, and the judiciary is without any authority to expand or create an exemption to Florida's public records law. Wait I. Florida Power & Light Co., 372 So. 2d 420 (Fla. 1979); Times Publishing Co. I. City of St. Petersburg, 558 So. 2d 487 (Fla. 2d DCA 1990). Principles of federal preemption under the Supremacy Clause may, in limited circumstances, act to prevent application of Florida's public records law where there is a clear conflict with an express requirement of confidentiality provided in a federal statute. See Cummer I. Pace, 159 So. 2d 679, 681-82 (Fla. 1935); see generally, pp. 81-82, Florida's Government-in-the-Sunshine Manual, Office of the Attorney General (1991). In this case, although DER claims preemption under federal law of privileges and 3 267 EFTA00183728

L.A.517PC0557 immunities, it has cited no specific federal statute which clearly requires that the documents in question be kept confidential. DER also relies on DOJ's assertion that the documents would not be "discoverable" from DOJ in the pending case, and that documents are exempt from disclosure by DOJ under FOIA. Even assuming that were true, it is irrelevant to the application of Florida's public records law to documents in the custody of Florida's state agencies. As stated by Judge Hoeveler in remanding this action: Thus, while FOIA may provide an independent cause of action insofar as the document in dispute is also in the custody of a federal agency, i.e., the Department of Justice, it cannot be said to displace and supplant a state statute directed at state agencies and state records. (Hoeveler Order at p. 12.) DER's reliance on its confidentiality agreement with DOJ is equally misplaced. A state agency cannot bargain away its Public Records Act duties or create a "self-exemption" with a promise to third parties to keep records from disclosure to the public. Tribune Co. I. Hardee Memorial Hospital, Case No. CA-91-370, Tenth Judicial Circuit in and for Hardee County, Florida. See also Browning Walton, 351 So. 2d 380 (Fla. 4th DCA 1977). THEREFORE, it is hereby ORDERED and ADJUDGED that: 1. Settlement agreements made or received at any time by DER in connection with U.S. U. SFWMD are hereby declared to be public records subject to disclosure under the Public Records Act, Chapter 119, Florida Statutes. 2. The Federal Freedom of Information Act, title 5, United States Code, section 552, does not preempt Chapter 119, Florida 4 268 EFTA00183729

OR1517PC0558 Statutes, to exempt from public disclosure public records in the custody of Florida state agencies, including DER; 3. DER shall provide access to the League, within forty- eight hours of rendition of this Order, to inspect and examine any and all draft settlement agreements DER has withheld from public disclosure based on a claim of federal preemption; 4. If DER desires to appeal this Order, DER shall prepare and deliver to the clerk of this Court, for inclusion in the record under seal, at the time it files its notice of appeal, all draft settlement agreements exchanged with the DOJ relating to U.S. I. SFWMD which it asserts are exempt from Florida's public records law based on a claim of federal preemption. Such documents shall be held under seal pending final disposition of the appeal; and 5. As the parties have not yet agreed to a stipulation as to an appropriate award of attorneys' fees, the Court retains jurisdiction to determine the award of attorneys' fees pursuant to section 119.12, Florida Statutes. DONE and ORDERED in Chambers at Tallahassee, Leon County, cpc Florida, this - day of September, 1991. Copies furnished to counsel of record 2 P. Kevin Davey Circuit Court Jud 5 269 EFTA00183730

606 So.2d 1267 17 Fla. L. Weekly D2571 (Cite as: 606 So.2d 1267) FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, FLORIDA SUGAR CANE LEAGUE, INC., Appellee. No. 91-3128. District Court of Appeal of Florida, First District. Oct. 29, 1992. *1267 An appeal from the Leon County Circuit Court; P. Kevin Davey, Judge. Robert G. Gough, Asst. Gen. Counsel, Florida Dept. of Environmental Regulation, Tallahassee, for appellant. Judith S. Kavanaugh, William L. Hyde and Richard A. Russell of Peeples, Earl & Blank, P.A., Miami, for appellee. Barry M. Hartman, Acting Asst. Atty. Gen., Dexter W. Lehtinen, U.S. Atty., and Susan Hill Ponzoli, Asst. U.S. Any., Miami, Keith E. Saxe, David C. Shilton and Ellen J. Durkee, Dept. of Justice, Washington, D.C., for amicusi U.S. PER CURIAM. AFFIRMED. Wait I. Florida Power & Light Co., 372 So.2d 420 (Fla.1979). MINER, ALLEN and KAHN, IL, concur. END OF DOCUMENT Copr. °West 1995 No claim to orig. U.S. govt. works Page 1 WESTLAW ye% EFTA00183731