@ eo Mermelstein & HorowitZ ra attorneys at law Jessica D. Arbour Miami, Florida 33160 www.sexabuseattorney.com March 12, 2010 VIA PROCESS SERVER Federal Bureau of Investigation North Miami Beach, FL 33169 Re: Jane Does 2-7 v. Jeffrey Epstein To Whom It May Concern: Enclosed please find federal subpoenas for the sworn statements of several witnesses taken during the investigation of Jeffrey Edward Epstein between approximately 2006 and 2007. The statements we seek are those given to the FBI by our clients, each of whom has brought suit as a Jane Doe in the Southern District of Florida. The statements given to the FBI investigators are directly relevant because the FBI investigation concerned the factual allegations underlying our clients’ claims in their lawsuits. It is my understanding that you will also require either a signed waiver from each of the women or a court order to release the information. I will move the court for an Order allowing you to release this information to me. If you need any further information, please do not hesitate to contact me. Thank you. Very truly yours, Jes§ica D. Arbour JDA/ EFTA00128680

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AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT \v> . for the 9 o” Southern District of Florida 0” \ 6 — O Plaintiff ) ‘ v. ) Civil Action No, 08-CV-80119- Marra ) . ) (If the action is pending in another district, state where: Defendant ) ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Federal Bureau of Investigation, FY North Miami Beach, Florida, 33169 & Production: YOU ARE COMM ANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Schedule A as attached. Place: Mermelstein & a! PA. Date and Time: Miami, FL 33160 04/02/2010 10:00 am © Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. ee The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: J Y ID CLERK OF COURT OR Signature of Clerk or Deputy Clerk Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (nde of party) PLAINTIFF , who issues or requests this subpoena, are: Stuart Mermelstein, Adam Horowitz, Jessica Arbour, Mei in & Horowitz, P.A., | YS Miami, FL 33160 cea EFTA00128681

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Des, 905° | Cote po le Sd flema Her [etta, Thes 2 < Cool EFTA00128682

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hs —_ e AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. 08-CV-80119- Marra PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name of individual and title, if any) was received by me on (date) 1 I served the subpoena by delivering a copy to the named person as follows: —_—$—$—— um on (date) ;or G I returned the subpoena unexecuted because: Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of $ My fees are $ for travel and $ for services, for a total of $ 0.00 . I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: EFTA00128683

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AO 88B (Rev, 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction — which may include lost eamings and reasonable attorney's fees — on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attomey designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the servin; party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party’s officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted, To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party; or (iii) a person who is neither a party nor a party’s officer to incur substantial expense to travel more than 100 miles to attend trial. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form, The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial- preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty’s failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii). EFTA00128684

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«lj Schedule A Sworn statements taken during the = of Jeffrey Edward Epstein i | | Palm Beach, FL, DOB: ) from the following: EFTA00128685

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RE: Jané Doe 2-7 v. vetheygpsc @ Page 1 of 2 RE: Jane Doe 2-7 v. Jeffrey Epstein ES (s1F.s) Sent: Thursday, June 10, 2010 4:02 PM ro: | have not received any response from Mermelstein & Horowitz to my letter. Zz From: SS, GR (F511) Sent: Thursday, June 10, 2010 3:55 PM To: — (USAFLS) Subject: RE: Jane Doe 2-7 v. Jeffrey Epstein Good afternoon iz. I'm just going through my subpoena file, and was wondering if you ever received a response from Mermelstein & Horowitz to your letter. Please let me know. Thank you. Pi an ‘aralega From: SE (UsAr.s) i) Sent: Tuesday, April 13, 2010 10:34 AM To: Cc: . (USAFLS) Subject: RE: Jane Doe 2-7 v. Jeffrey Epstein Zz, Attached please find a letter | just faxed to plaintiffs’ counsel, advising them that no responsive documents exist. | expect them to call back and ask what documents do exist, but we will deal with that when it happens. Thanks for your help. From: i, GE (Fs!) Sent: Tuesday, April 13, 2010 7:25 AM To: — (USAFLS) Subject: Jane Doe 2-7 v. Jeffrey Epstein Good morning i. We received some correspondence from Jessica Arbour (Mermelstein & Horowitz, PA) via facsimile this morning. https://www.324mail.com/owa/?ae=Item&t=IPM .Note&id=RgAAAAAI2ZYReGj4cTp5Q... 6/10/2010 EFTA00128686

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RE: Jane Doe 2-7 v. Teffeygpscin @ Page 2 of 2 I will fax it to you in the next couple of minutes. I hope SA Richards reached out to you as requested. Please let me know if you need anything from us. Thank you. = a FBI https://www.324mail.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAI2YReGj4cTp5Q... 6/10/2010 EFTA00128687

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, Case 9:08-cv-801 10 Poocument 526 Entered on FLSD @.... 04/12/2010 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, / PLAINTIFFS JANE DOE NOS. 2-7’°S REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF PLAINTIFFS’ SWORN STATEMENTS TO FBI INVESTIGATORS Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Reply in Support of Plaintiffs’ Motion to Compel Production of Plaintiffs’ Sworn Statements to FBI Investigators (DE 489), and state as follows: 1. Plaintiffs seek an Order from this Court compelling the FBI to comply with a subpoena duces tecum for their sworn statements given to FBI investigators during the FBI’s investigation of Defendant Epstein. The FBI, which has received notice of this Motion, filed no opposition, but instead instructed Plaintiffs’ undersigned counsel that such an Order is necessary to comply with the Privacy Act (5 U.S.C. § 552a). Nevertheless, Defendant Epstein objects on the basis that the subpoena does not comply with internal operating procedures of the FBI and Department of Justice set forth in federal regulations. Keke Wisfn iy EFTA00128688

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Case 9:08-cv-801 io ccuent 526 Entered on FLSD @.... 04/12/2010 Page 2 of 5 2. Initially, Defendant Epstein has no standing to raise objections to a subpoena directed to nonparty FBI. “A party has standing to object to a subpoena directed at a nonparty when the party claims a ‘personal right or privilege’ regarding the documents sought.” Chaikin y. Fidelity and Guaranty Life Ins. Co., 2003 WL 22715826 (N.D. Ill. 2003) (emphasis supplied). Defendant Epstein does not claim any personal right or privilege regarding the documents sought, nor could he. 3. In any event, on March 12, 2010, Plaintiffs undersigned counsel conferred with an FBI representative who instructed her as to the proper procedure for obtaining the Plaintiffs’ statements. See Affidavit of Jessica Arbour, Esq., attached as Exhibit “1.” In accordance with those instructions, Plaintiffs’ counsel served a subpoena on the Records Custodian of the FBI that same day. 4. Plaintiff's counsel received a letter from the General Counsel of the FBI confirming receipt of the subpoena and that the FBI would produce the requested information when either a signed authorization from each Plaintiff was received or an Order of this Court was received. That letter is attached as Exhibit “2.” 5. In accordance with the FBI’s verbal and written instructions, Plaintiffs moved this Court for an Order to comply with the Privacy Act on March 17, 2010. 6. Plaintiffs have a right to the sworn statements they gave to the FBI investigators, and Defendant Epstein only seeks to delay them from receiving the statements, all of which are relevant and material to these cases. WHEREFORE, Plaintiffs Jane Doe Nos. 2-7 respectfully request that this Court grant Plaintiffs’ Motion to Compel Production of Jane Doe Nos. 2-7’s Sworn Statements to FBI Investigators (DE 489). EFTA00128689

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Case 9:08-cv-801 16K Docenet 526 Entered on FLSD @... 04/12/2010 Page 3 of 5 Respectfully submitted, By:___/s/ Jessica D. Arbour Stuart S. Mermelstein (FL Bar No. 947245) ssm@sexabuseatiorney.com Adam D. Horowitz (FL Bar No. 376980) ahorowitz@sexabuseattomey.com Jessica D. Arbour (FL Bar No. 67885) jarbour@sexabuseattorney.com MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: Pp Fox: EFTA00128690

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. + Case o:98-01-80110-KAN Document 526 Entered on FLSD @.... 04/12/2010 Page 4of5 CERTIFICATE OF SERVICE I hereby certify that on April 12, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Jessi . Arbour EFTA00128691

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United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. jgoldberger@agwpa.com Robert D. Critton, Esq. rcritton@belclaw.com Bradley James Edwards brad@pathtojustice.com Isidro Manuel Garcia isidrogarcia@bellsouth.nct Jack Patrick Hill jph@searcylaw.com Katherine Warthen Ezell KEzell@podhurst.com Michael James Pike MPike@bclclaw.com Paul G. Cassell cassellp@law.utah.edu Richard Horace Willits lawyerwillits@aol.com Robert C, Josefsberg rjosefsberg@podhurst.com By facsimile and U.S. Mail to: ME. 20. Chief Division Counsel SERVICE LIST DOE vs. JEFFREY EPSTEIN Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 Case 9:08-cv-8011 KAM oocument 526 Entered on FLSD ®.., 04/12/2010 Page 5 of 5 EFTA00128692 .

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Case 06 or 80118 eAk ocumsent 526-1 Entered on FLSD Docket 04/12/2010 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, ee | AFFIDAVIT OF JESSICA ARBOUR STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) Jessica Arbour deposes and states as follows: lL. My name is Jessica Arbour. I am an attorney at Mermelstein & Horowitz, P.A., the law firm representing Jane Doe Nos. 2-7. 2. On or about March 12, 2010, I spoke with FBI Paralegal Specialist Deborah Moore at the FBI’s North Miami Beach office. I informed her that I wanted to get copies of the sworn statements our clients gave to FBI investigators during the federal investigation of Jeffrey Epstein, and that I needed instructions from her as to the proper procedure. 3. Ms. Moore informed me that it was a three-step process: First, 1 should serve the FBI with a subpoena listing the specific statements I wanted. Second, I should provide them EXHIBIT il EFTA00128693

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Case 9:08-cv-801 10a ocenent 526-1 Entered on FLSD ‘Docket 04/12/2010 Page 2 of 2 with a “compliance letter” that stated the reasons I was requesting the information in order to comply with the Privacy Act. Third, I would need to provide either a signed, notarized authorization from each of my clients waiving their rights under the Privacy Act or an Order from this Court ordering the FBI to comply with the subpoena. 4. On March 12, 2010, Plaintiffs served a subpoena duces tecum, attached to the original Motion as Exhibit 1, for our clients’ statements. 5. On March 16, 2010, I received a letter from FBI General Counsel confirming that the FBI had received my subpoena and that they would await an Order from this Court or the signed authorizations from each of the Plaintiffs before producing the requested documents. I had previously informed him that I would seek an Order from this Court. 6. Given that discovery deadlines are approaching, a Motion was filed with this Court seeking a single Court Order applicable to all of the statements because Plaintiff's counsel believes that is the most efficient and timely means of obtaining the Plaintiffs’ statements. FURTHER AFFIANT SAYETH NAUGHT. Dated: April Ih, 2010 J Arbour BEFORE ME, personally appeared Jessica D. Arbour who after being first duly swom, deposes and states that he has executed the foregoing Affidavit, and that it is correct to the best of his knowledge and belief. ‘a noe 201 INSTRUMENT was sworn to and subscribed before me this ld day of , 2010. . ities, Lisa Rivera fa" 5 = COMMISSION # 00878095 Season feoteppdnie uy, a NOTARY PUBLIC, STATE OF FLORIDA EFTA00128694

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~ ; x - Page ie) MAR-16-2018 11:49 P.@2 U.S, Department of Justice Federal Bureay of Investigation me March 16, 2010 nt Fy Z Jessica D, Arbour, Esq. Re: Jane Doe 2-7 y, Jeffrey Epstein Dear Ms. Arbour: We are in receipt of your subpoena and letter dated March 12, 2010. Please be advised that the FB] response to this request is governed by the provisions of Title 28, Code of Federal tions (CFR), Section 1691 et seq. and the Privacy Act (Title 5, United States Code, Section =) These regulations specify that no ee of the Department of J ustice, past or present, shall in Tesponse to a demand, produce or disc ose information unless there is compliance with the applicable provisions. The procedure is mandatory and governs state and federal proceedings an has been upheld in the United States Supreme Court, See US. ex rel, Touhy v. Ragen, 340 U.S, 462 (1951). In addition, the Privacy Act (Title 5, U.S.C., Section 552a(b), prohibits the release of agency records pertaining to an individual, or information from those records, for a non-law enforcement purpose, The I may not disclose this information without the notarized written consent of each record subject, or an order from a court of competent jurisdiction authorizing its disclosure by the FBL In ¢ absence of either the notarized consent of the record Subject, or an pPpropriate court order authorizing disclosure, we are Statutorily prohibited from releasing any mation to you. As you noted in your letter you will seek a court order allowing for the release of the records requested. Once the Privacy Act Order is issued, please provide & copy of the order along with a letter complying with the Code of Federal Regulations directed to Chief Division Counsel Frank Navas at the above address, In accordance with the above cited law and regulations, we must receive the notarized consent or Privacy Act Order before any documents may be released to you. EXHIBIT a tabbies" 16320 N.W, 2nd Avenue Ma ae Plate Rater to North Miami Beach, Florida 33169 EFTA00128695

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- Case 9:08-cv- sort 19- can ocument 526-2 Entered on FLSD Docket 04/12/2010 Page 2 of 3 MAR-16-2018 P.a3 = yg require further assistance, please contact Paralegal Specialist | | Very Truly Yours, JOHN V. GILLIES Speci: int in Charge ‘ NAV, Chief Division Counsel TOTAL P.@3 EFTA00128696

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. ; 04/12/2010 Page 3 of 3 - Case 9:08-cv-80119-KAM™Document 526-2 Entered on FLSD Docket oor MAR-16-2818 11:29 Fb-448 Revised FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE © Immediate @ Priority CG Routine CLASSIFICATION © Top Secret C Secret Confidential @ Sensitive © Unclassified aoa ett Name of Office: Facsimile Number: Date Mermelstein & Horowitz PA Attn: Jessica D, Arbour, Esq. en Number of Pages: (incliding cover) FEE Miami, Chief Division Counsel 3 Originators Name: Originator’s Telephone Number: Originator's Facsimile Number: 305) 787-6727 (305) 787-6124 FN DETAILS Subject: Jane Does 2-7 v, Jeffrey Epstein Special Handling Instructions: Please review and Provide CFR compliance letter & Privacy Act Order to Chief Division Counsel Frank Navas. Srief Deseription of Communication Faxed: ee WARNING Information attached to the cover sheet is U.S. Government Property. IF you are not the intended recipient of this Information disclosure, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please Notify the originator or jocal F&I Office immediately to arrange for proper disposition, FO-448 (Revised 10-27-2004) - EFTA00128697

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MERMELSTEIN & Horowitz, RA. ATTORNEYS AT LAW Zz 2 “MIAMI, FLORIDA 33160-2148 OPENED & INSPECTED IAPR 14 20.0 Chief Division Counsel Federal Bureau of Investigations | _- i. ces North Miami Beach, FL 33169 SSIESTESOS COST judi Magli bdlbsdbdbadbaablbssdall Se ee eT ef —- fpr get a i ee Pie =" PITNEY FOwEs 02 1p $ 000.61° fe 0003952374 APR i2 2010 = MAILED FROM ZIPCODE33160 | - | “. — EFTA00128698

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~ RE: Jane Doe 2-7 v. Jepsen e Page 1 of 1 RE: Jane Doe 2-7 v. Jeffrey Epstein ES (sarc) as | Sent: Tuesday, April 13, 2010 10:34 AM To: ms Ce: . (Us4ris) Attachments: arbour_fbi_subpoena.pdf (41 KB) =, Attached please find a letter | just faxed to plaintiffs’ counsel, advising them that no responsive documents exist. | expect them to call back and ask what documents do exist, but we will deal with that when it happens. Thanks for your help. From: J HB (Fs!) Sent: Tuesday, April 13, 2010 7:25 AM To: 4 (USAFLS) Subject: Jane Doe 2-7 v. Jeffrey Epstein Good morning IE We received some correspondence from Jessica Arbour (Mermelstein & Horowitz, PA) via facsimile this morning. I will fax it to you in the next couple of minutes. I hope SA Richards reached out to you as requested. Please let me know if you need anything from us. Thank you. Po a FBI https://www.324mail.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAI2YReGj4cTp5Q... 4/14/2010 EFTA00128699

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U.S. Department of Justice United States Attorney Southern District of Florida 99 NE. 4 Street Miami,.FL 33132 (305) 961-9000 VIA FACSIMILE AND REGULAR MAIL April 13, 2010 Jessica D. Arbour, Esq. Mermelstein & Horowitz, P.A. Miami, Florida 33160 RE: Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-80119-CIV-MARRA/JOHNSON Subpoena to Federal Bureau of Investigation (FBI) Dear Ms. Arbour: The subpoena served by plaintiffs upon the FBI has been referred to the U.S. Attorney’s Office and assigned tome. The subpoena seeks sworn statements taken during the investigation of Jeffrey Edward Epstein , Palm Beach, FL DOB 01/20/53) from the following: I have contacted one of the FBI Special Agents who handled the investigation into Jeffrey Epstein. He advises me that no sworn statements were taken from any of the six individuals listed in th you need a declaration to that effect, please let me know. I can be reached at Thank you. Sincerely, JEFFREY H. SLOMAN UNITED STATES ATTORNEY Assistant U.S. Attorney EFTA00128700

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“ \’ @ FD-448 FEDERAL BUREAU OF INVESTIGATION ne og FACSIMILE COVER SHEET PRECEDENCE @ Immediate C Priority C@ Routine CLASSIFICATION (C Top Secret C Secret C Confidential @® Sensitive C Unclassified To Name of Office: Date: U.S. Attorney's Office - Miami 04/14/2009 FROM Name of Office: FBI Miami, Chief Division Counsel Originator's Name: PLS Approved: FN DETAILS Subject: Jane Doe No, 2 vs. Jeffrey Epstein Special Handling Instructions: Brief Description of Communication Faxed: Reply in Support of Motion to Compel Production of Sworn Statements WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this Information disclosuré, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128701

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DATE/TIME = APR-13-2018 89:19 JOURNAL No. = 25 COMM. RESULT = OK PAGE CS) = @12 DURATION = 08:01:15 FILE No. = 724 MODE = MEMORY TRANSMISSI DESTINATION = 93855387133 RECEIVED ID = SUITE 320 RESOLUTION = STD OR OOIOIOIOIOOCIGIO OI OOIORACHOHOIORACRHORAGIOR ON / 3055387139 . seololookokdokokotokoioiok — IND. sebbbi DATE _ oe sekK TIME 69221 2heteokicktck EFTA00128702

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» 305-9332200 Herman sere e- p.m. 12-04-2010 1/11 MERMELSTEIN & HOROWITZ PA ATTORNEYS AT LAW Adam D. Horowitz Tel Fax ahorowitz @ sexabuseattorney.com Miami, Florida 33160 www.sexabuseattorney.com FAX TRANSMITTAL Rom | DATE NO. OF PAGES Jessica Arbour, Esq. February 17, 2010 COMPANY FAX NUMBER Federal Bureau of Investigations RE: Jane Doe 2-7 y. Jeffrey Epstein Please see attached Reply in Support of Motion to Compel Production of Jane Does Nos. 2-7's Sworn Statements to FBI Investigators and Incorporated Memorandum of Law. ‘THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN_INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. [Ff THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE, THANK YOU. EFTA00128703

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+ 30S-9332200 Herman avers Yi pm. 12-04-2010 2/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 1 of 5 . . UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFFS JANE DOE NOS, 2-7’°S REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF PLAINTIFFS’ SWORN STATEMENTS TO FBI INVESTIGATORS Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Reply in Support of Plaintiffs’ Motion to Compel Production of Plaintiffs’ Sworn Statements to FBI Investigators (DE 489), and state as follows: 1. Plaintiffs seek an Order from this Court compelling the FBI to comply with a subpoena duces tecum for their sworn statements given to FBI investigators during the FBI’s investigation of Defendant Epstein. The FBI, which has received notice of this Motion, filed no opposition, but instead instructed Plaintiffs’ undersigned counsel that such an Order is necessary to comply with the Privacy Act (5 U.S.C. § 552a). Nevertheless, Defendant Epstein objects on the basis that the subpoena does not comply with internal operating procedures of the FBI and Department of Justice set forth in federal regulations. EFTA00128704

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+ 305-9312200 Herman wverner eo p.m, 12-04-2010 3/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 2 of 5 2. Initially, Defendant Epstein has no standing to raise objections to a subpoena directed to nonparty FBI. “A party has standing to object to a subpoena directed at a nonparty when the party claims a ‘personal right or privilege’ regarding the documents sought.” Chaikin y. Fidelity and Guaranty Life Ins. Co., 2003 WL 22715826 (N.D. Ill. 2003) (emphasis supplied). Defendant Epstein does not claim any personal right or privilege regarding the documents sought, nor could he. 3. In any event, on March 12, 2010, Plaintiff's undersigned counsel conferred with an FBI representative who instructed her as to the proper procedure for obtaining the Plaintiffs’ statements. See Affidavit of Jessica Arbour, Esq., attached as Exhibit “1.” In accordance with those instructions, Plaintiffs’ counsel served a subpoena on the Records Custodian of the FBI that same day. 4. Plaintiff's counsel received a letter from the General Counsel of the FBI confirming receipt of the subpoena and that the FBI would produce the requested information when either a signed authorization from each Plaintiff was received or an Order of this Court was received. That letter is attached as Exhibit “2.” 5. In accordance with the FBI’s verbal and written instructions, Plaintiffs moved this Court for an Order to comply with the Privacy Act on March 17, 2010. 6. Plaintiffs have a right to the swom statements they gave to the FBI investigators, and Defendant Epstein only seeks to delay them from receiving the statements, all of which are relevant and material to these cases. WHEREFORE, Plaintiffs Jane Doe Nos. 2-7 respectfully request that this Court grant Plaintiffs’ Motion to Compel Production of Jane Doe Nos. 2-7’s Sworn Statements to FBI Investigators (DE 489). EFTA00128705

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, 305-9312200 Herman wml r pm. 12-04-2010 4/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 3 of 5 Respectfully submitted, By:___/s/ Jessica D. Arbour Stuart S. Mermelstein (FL Bar No. 947245) ssm@scxabuscattorney.com Adam D. Horowitz (FL Bar No. 376980) ahorowitz@sexabuseattomey.com Jessica D. Arbour (FL Bar No. 67885) jarbour@sexabuseattomey.com MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiffs Miami, Florida 33160 Tel: Fax: EFTA00128706

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_ 305~9312200 Herman ml :35:09 p.m, 12-04-2010 sit Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on April 12, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. [ also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Jessica D, Arbour EFTA00128707

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_ 305~9312200 Herman &Mermel :35:16 p.m. 12-04-2010 6/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 5 of 5 . SERVICE LIST DOE vs, JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. jgoldberger@agwpa.com Robert D. Critton, Esq. rcritton@belclaw.com Bradley James Edwards brad@pathtojustice.com Isidro Manuel Garcia isidrogarcia@bellsouth.nc' Jack Patrick Hill jph@searcylaw.com Katherine Warthen Ezell KEzell@podhurst,com Michael James Pike MPike@bclelaw.com Paul G. Cassell cassellp@law.utah.cdu Richard Horace Willits lawyerwillits@aol.com Robert C. Josefsberg josefsber dhurst.c By facsimile and U.S. Mail to: 2s. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 EFTA00128708

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, 305-9312200 Herman in :35:24p.m, 12-04-2010 7M Case 9:08-cv-80119-KAM Document 526-1 Entered on FLSD Docket 04/12/2010 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, re | AFFIDAVIT OF JESSICA STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) Jessica Arbour deposes and states as follows: 1. My name is Jessica Arbour. I am an attorney at Mermelstein & Horowitz, PBA, the law firm representing Jane Doe Nos. 2-7. . 2. On or about March 12, 2010, I spoke with FBI Paralegal Specialist Deborah Moore at the FBI's North Miami Beach office. I informed her that I wanted to get copies of the sworm statements our clients gave to FBI investigators during the federal investigation of Jeffrey Epstein, and that I needed instructions from her as to the proper procedure. 3. Ms. Moore informed me that it was a three-step process: First, I should serve the FBI with a subpoena listing the specific statements I wanted. Second, I should provide them EXHIBIT il EFTA00128709

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Case 9:08-cv-80119-KAM Document 526-1 Herman sere ri p.m, 12-04-2010 with a “compliance letter” that stated the reasons I was requesting the information in order to comply with the Privacy Act. Third, I would need to provide either a signed, notarized authorization from each of my clients waiving their rights under the Privacy Act or an Order from this Court ordering the FBI to comply with the subpoena. 4. On March 12, 2010, Plaintiffs served a subpoena duces tecum, attached to the original Motion as Exhibit 1, for our clients’ statements. 5. On March 16, 2010, I received a letter from FBI General Counsel f confirming that the FBI had received my subpoena and that they would await an Order from this Court or the signed authorizations from each of the Plaintiffs before producing the requested documents. I had previously informed him that I would seek an Order from this Court. 6. Given that discovery deadlines are approaching, a Motion was filed with this Court seeking a single Court Order applicable to all of the statements because Plaintiff's counsel believes that is the most efficient and timely means of obtaining the Plaintiffs’ statements. ’ FURTHER AFFIANT SAYETH NAUGET. Dated: April th 2010 J a Arbour BEFORE ME, personally appeared Jessica D. Arbour who after being first duly sworn, deposes and states that he has executed the foregoing Affidavit, and that it is correct to the best of his knowledge and belief. ‘Op FOREGOING INSTRUMENT was sworn to and subscribed before me this la. day of 2010. ; BisBreF Ovrmes: WR. 11,2013 Ae SEE wm avons NOTARY PUBLIC, STATE OF FLORIDA 2 8/11 Entered on FLSD Docket 04/12/2010 Page 2 of 2 EFTA00128710

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9/11 35:47 p.m. 12-04-2010 305-9312200 Herman —__ @ Page 1 of 3 9:08-cv-80119-KAM Document 526-2 Entered on FLSD Docket 04/12/2010 ig ior * ane 11:69 U.S, Department of Justice & Federal Bureay of Investigation 16320 N.W. 2nd Avenue in Reply, Please Refer ta North Miami Beach, Florida 33169 File Ne, March 16, 2010 Jessica D, Arbour, Esq. Re: Jane Doe 2-7 y, Jeffrey Epstein Dear Ms. Arbour: We are in receipt of your subpoena and letter dated March 12, 2010, Please be advised that the FRY response to this request is governed by the provisions of Title 28, Code of Federal Regulations (CER), Section 1621 et seq. and the Privacy Act (Title 5, United States Code, Section 5522), These Tegulations specify that no em: lovee of the Department of Justice, disc lose information unless there is In addition, the Hivany Act (Title 5, U.S.C,, Section 552a(b), prohibits the release of agenoy records pertaining to an in ividual, or information from those records, for a non-law enforcement purpose, The FBI May not disclose this information without the notarized written irpropriate court order authorizing disclosure, we are statutorily prohibited from releasing any tion to you. § you noted in your letter you will seek 4 court order allowing for the release of the records requested, Once the Privacy Act Order is issued, please provide a copy of the order along with a letter complying wi i regulations, we must receive the notarized consent or Privacy Act Order before any documents may be released to you. EXHIBIT 1 2 EFTA00128711

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305-9312200 Herman wena r p.m. 12-04-2010 10/11 - Case 9:08-cv-80119-KAM Document 526-2 Entered on FLSD Docket 04/12/2010 Page 2 of 3 MAR-16-2018 11:69 P.83 © iz at me require further assistance, please contact Paralegal — | Very Truly Yours, JOHN V. GILLIES Specia By! FRANK NAVAS Chief Division Counsel TOTAL P.@3 EFTA00128712

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{36:08 p.m. 12-04-2010 Ws 305-93}2200 Herman anernei gl @ os _ Page 30 Case 9:08-cv-80119-KAM Document 526-2 Entered on FLSD Docket 04/12/2010 Pag Sot , e 9:08-cv- vaR-i6-2010 it:es FD-448 FEDERAL BUREAU OF INVESTIGATION Revised 927-2006 | __. FACSIMILE COVER SHEET PRECEDENCE © Immediate @ Priority CG Routine CLASSIFICATION © Top Secret © Secret Confidential @ Sensitive © Unclassified pet Name of Office; loos) Sreen [ear i¢ Mermalstein & Horowitz PA 305) 931-0877 [03/16/2010 ‘elephone Number: (305) 931-2209 Arbour, Esq. Neme of Office: Originator’s Facsimile Number: FBI Miami, Chief Division Counsel 3 Originators Name: Originator’s Telephone Number: PLS Deyanira Aponte ; 305) 787-6727 (305) 787-6124 Approved; FN DETAILS Subject: Jane Does 2-7 y, Jeffrey Epstein Special Handling Instructions; el Please review and Provide CFR compliance letter & Privacy Act Order to Chief Division Counsel Frank Navas. Erief Description of Communication Faxed; WARNING Informetion attached to the cover sheet is Us, Government Property, If you are not the intended recipient of this Information disclosure, reproduction, distribution, ar use of this Informaticn is prohibited (18,USC, § 641). Please notify the originator or local FAI Office Immediately to arrange for proper disposit! FD-448 (Revised 10-27-2004) - EFTA00128713

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Jane Doe 2-7 v. Jeffrey "= @ Page 1 of 1 Jane Doe 2-7 v. Jeffrey Epstein a a Sent: Thursday, March 25, 2010 8:35 AM To: [ER (usaris) co a. Good morning i, Hope all is going well. I just wanted to let you know that I will be out of the office beginning this afternoon, and will be returning to the office on Monday April 12th. If you need any assistance on the above referenced matter, please contact Pareles << so: Sa. pT a — FBI https://www.324mail.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAI2YReGj4cTp5Q... 3/25/2010 EFTA00128714

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Jane Does 2-7 v. Jeffrey ; a @ Page 1 of 1 Jane Does 2-7 v. Jeffrey Epstein a Sent: Monday, March 22, 2010 2:14 PM To: GR (usariis) Ce: a. Importance: High Good afternoon i. I spoke with CDC (, and he believes the most appropriate person to sign the declaration regarding the FBI not having any sworn statements is the case agent (SA ). If you have any questions, or need any additional information please call me. Thank you for all your assistance. Pi a —_ FBI https://www.324mail.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAI2YReGj4cTp5Q... 3/22/2010 EFTA00128715

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_ JANE DOE NO. 2 vs. Er EPSTEIN @ Page 1 of 1 JANE DOE NO. 2 vs. JEFFREY EPSTEIN a a Sent: Friday, March 19, 2010 11:25 AM To: + [ (usaris) Good morning | ¥ I just received a copy of an order granting the plaintiff's motion to compe! the FBI to produce sworn statements on the above referenced case. I faxed a copy over to your office. Please call me on Monday when you return to the office. Have a great weekend. a a —_ FBI https://www.324mail.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAI2YReGj4cTp5Q... 3/19/2010 EFTA00128716

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} ° e FD-448 FEDERAL BUREAU OF INVESTIGATION 0-27-2004 FACSIMILE COVER SHEET PRECEDENCE C Immediate @ Priority C: Routine CLASSIFICATION C Top Secret ; C Secret C Confidential @ Sensitive C. Unclassified TO Date: 03/19/2010 Telephone Number: (305) 961-9320 Facsimile Number: (305) Number of Pages: (including cover) 10 Originator's Facsimile Number: Name of Office: U.S. Attorney's Office - Miami FROM Name of Office: FBI Miami, Chief Division Counsel Originator’s Telephone Number: Approved FN DETAILS Subject: JANE DOE NO. 2 vs. JEFFREY EPSTEIN Special Handling Instructions: Please call me when you receive this. Thank you. Brief Description of Communication Faxed: Order (Motion to Compe! Production of Jane Doe Nos, 2-7's Sworn Statements to FBI Investigators) WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this information disclosure, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128717

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it~ — —=—=—hlesai‘ meets e yokioobkomoooeek <IND. XMT JOURNAL — cbbioiokicicibinicieioteick DATE MAR-19-2818 ico TIME 18:42 2toociokick DATE/TIME MAR-19-2818 18:35 JOURNAL No. = 33 COMM. RESULT = OK PAGE(S) = 18 DURATION = 90:02:27 FILE No. = 632 MODE = MEMORY TRANSMISSION DESTINATION = 93255364101 RECEIVED 1D = / RESOLUTION = = STD ERIOIOOIOOIOICIOIOIOICRIORIOACKACIHOKACIOIOKACK ACK — — eK — — aooitofookotok EFTA00128718

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Lo ahafo a Case 9:08-cv-80119-KAM Document 489 Entered on FLS' UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, / PLAINTIFF JANE DOE NOS, 2-7’°S MOTION TO COMPEL PRODUCTION OF JANE DOE NOS. 2-7’S SWORN STATEMENTS TO FBI INVESTIGATORS AND INCORPORATED MEMORANDUM OF LAW Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Motion to Compel Production of Jane Doe Nos. 2-7’s Sworn Statements to FBI Investigators and Incorporated Memorandum of Law, and state as follows: 1. These lawsuits arise from the alleged childhood sexual battery of Jane Doe Nos. 2-7 by Jeffrey Epstein (“Epstein”). 2. Prior to the filing of the Plaintiffs’ lawsuits, Epstein was investigated by the Federal Bureau of Investigation (FBI). During the course of the FBI’s investigation, some or all of Jane Doe Nos. 2-7 were interviewed by FBI agents and asked to provide sworn statements about their sexual abuse by Jeffrey Epstein, the same abuse underlying D Docket 03/17/2010 Page 1 of 4 EFTA00128719

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. Case 9:08-cv-80119-KAM Document 489 Entered on FLS the factual allegations in the lawsuits now in front of this Court. 3. Pursuant to FBI protocol and the Federal Privacy Act, 5 U.S.C. § 552a(b), Plaintiff's undersigned counsel has served a subpoena on the Records Custodian of the FBI's Miami office requesting the sworn statements of Jane Doe Nos. 2-7 given to FBI agents during their criminal investigation of Jeffrey Epstein. See Exhibit “A.” 4. The FBI informed Plaintiffs’ counsel that it requires further authorization in order to release the Plaintiffs’ own sworn statements pursuant to the Federal Privacy Act. Counsel for the FBI has advised that an Order from this Court authorizing the FBI to release the requested statements would be sufficient. See 5 U.S.C. § 552a (b)(11). A proposed Order authorizing the FBI to release the subpoenaed statements is attached as Exhibit “B.” 5. The requested statements are directly relevant and germane to the factual allegations underlying the Plaintiffs’ lawsuits and seemingly cannot be obtained by the Plaintiffs in any other way. Upon information and belief, the Defendant is already in possession of these documents. 6. Plaintiffs’ counsel has conferred with counsel for the Defendant who advised that Defendant opposes the relief requested. WHEREFORE, Plaintiffs, Jane Does Nos. 2-7, respectfully request an Order directing the Federal Bureau of Investigation to release any swom statements of Jane Doe Nos. 2-7 given to the FBI during the criminal investigation of Jeffrey Epstein and any materials responsive to the subpoena served upon the FBI. D Docket 03/17/2010 Page 2 of 4 EFTA00128720 |

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ry Certificate Pursuant to S.D.Fla.L.R. 7.1(A)(3) Undersigned counsel has conferred with Defendant’s counsel in a good faith effort to resolve the issues raised in this Motion, and has been unable to do so. Dated: March 17, 2010 Respectfully submitted, By:___s/ Adam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) ssm@sexabuseattorney.com Adam D. Horowitz (FL Bar No. 376980) ahorowitz@sexabuseattorney.com Jessica D. Arbour (FL Bar No. 67885) jarbour@sexabuseattorney.com MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiffs Miami, Florida 33160 Tel: Fax: CERTIFICATE OF SERVICE I hereby certify that on March 17, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Adam D. Horowi Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 3 of 4 EFTA00128721

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Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 4 of 4 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. jgoldberger@agwpa.com Robert D. Critton, Esq. reritton@belclaw.com Bradley James Edwards bedwards@rra-law.com Isidro Manuel Garcia isidrogarcia@bellsouth.net Jack Patrick Hill Katherine Warthen Ezell KEzell@podhurst.com Michael James Pike MPike@bclclaw.com Paul G. Cassell cassellp@law.utah.edu Richard Horace Willits lawyerwillits@aol.com Robert C. Josefsberg rjosefsberg@podhurst.com By facsimile and U.S. Mail to: <<. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 EFTA00128722

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Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 1 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Pennit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida ) Plaintiff ) v. ) Civil Action No. 08-CV-80119- Marra ) ) (If the action is pending in another district, state where: Defendant ) ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Records Custodian, Federal Bureau of Investigation, PY North Miami Beach, Florida, 33169 PA Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Schedule A as attached. Date and Time: Place: Mermelstein & Horowitz, P.A. Miami, FL 33160 04/02/2010 10:00 am © Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. ew _— The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: G0 CLERK OF COURT OR Attorney's signature Signature of Clerk or Deputy Clerk The name, address, e-mail, and telephone number of the attorney representing (name of party) PLAINTIFF , who issues or requests this subpoena, are: Stuart Mermelstein, itz, Jessica Arbour, Mermelstein & Horowitz, P.A., Miami, FL 33160, , jarbour@sexabuseattorney.com. . EXHIBIT i_A EFTA00128723

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Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 2 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No, 08-CV-80119- Marra PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P, 45.) Meee eM This subpoena for (name of individual and title, if any) ee was received by me on (date) . C7 I served the subpoena by delivering a copy to the named person as follows: See on (date) ;or O I retumed the subpoena unexecuted because: es Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of My fees are $ for travel and $ for services, for a total of $ 0.00 . I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: EFTA00128724

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Case 9:08-cv-80119-KAM Document 489-1 . Entered on FLSD Docket 03/17/2010 Page 3 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions, A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction — which may include lost earnings and reasonable attomey’s fees — on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commended to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required, On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, Subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; : (ili) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (® disclosing a trade secret or other confidential research, development, or commercial information; (if) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (ii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated, (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically - Stored information: (A) Documents, A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form, The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost, On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the Tequesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (if) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial- preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty’s failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii). . EFTA00128725

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Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 4 of 4 Schedule A Sworn statements taken during the investigation of Jeffrey Edward Epstein i , Palm Beach, FL, DOB: A from the following: SEE (DOB: 2/29/1988) SER (DOB: 3/5/1988) GHEE DOB: 6/6/1987) es (DOB: 10/23/1986) (DOB: 9/30/1990) ; WEE (DOB: 06/30/1987) EFTA00128726

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, Case 9:08-cv-801 ae 489-2 Entered on FLSD Docket 03/17/2010 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, / ORDER Upon Plaintiffs’ Motion to Compel Production of Jane Doe Nos. 2-7’s Sworn Statements to FBI Investigators, and good cause being shown, it is hereby ORDERED that Plaintiffs’ Motion is Granted. Pursuant to the Federal Privacy Act, 5 U.S.C. § 552a (b)(11), the Records Custodian of the Federal Bureau of Investigation is ordered to comply with the subpoena dated March 12, 2010 and is directed to produce the sworn statements of Jane Doe Nos. 2-7 taken during its investigation of Jeffrey Epstein within 7 days, and any other materials responsive to the subpoena. DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, this day of , 2010. DISTRICT COURT JUDGE Copies furnished to: Counsel of record EXHIBIT "B" EFTA00128727

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MERMELSTEIN & Horowitz, PA. 568 POS, ATTORNEYS AT LAW , . et ae MIAMI, FLORIDA 33160-2148 , why 02 1P $ 000.61° eo 0003952374 MAR 17 2010 a. MAILED FROM ZIP CODE 33160 opENED & INSPECTED MAR 18 2010 , Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 SRISSSES506G cone Ddheddbdddisldddbbslabdbadball EFTA00128728

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Jane Doe 2-7 vs. Jeffrey i r) Page 1 of 1 Jane Doe 2-7 vs. Jeffrey Epstein mm a Sent: Wednesday, March 17, 2010 3:01 PM To: [I (usaris) Good afternoon | f I spoke with J, she made me aware that the above referenced case had been previously assigned to you. She:said she forwarded copies of all the documents that I sent her to AUSA | in Fort Lauderdale, and advised me that you will be out of the office until] Monday. We agreed that I would contact Maria. After speaking with (NM, she advised me that we did not have any records responsive to the request from Mertnelstein & Horowitz, P.A., according to [EE there are no sworn statements from the victims listed on Schedule A of the subpoena. Please call me and let me know if you will be drafting a response to Mermelstéin & Horowitz, and if there is anything else that you need from us. Thank you. a a —_ FBI https://www.324mail.com/owa/?ae=Item&t=IPM.Note&id=~RgAAAAAI2ZYReGj4cTp5Q..._ 3/17/2010 EFTA00128729

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FD-448 FEDERAL BUREAU OF INVESTIGATION 40-97-2004 FACSIMILE COVER SHEET PRECEDENCE C® Immediate @ Priority C Routine CLASSIFICATION © Top Secret © Secret © Confidential @ Sensitive C Unclassified TO Date: 03/17/2010 Facsimile Number: (305) Name of Office: U.S, Attorney's Office - Miami Attn: AUSA Karen FROM Name of Office: Number of Pages: (including cover) FBI Miami, Chief Division Counsel 10 Originator's Name: Originator’s Telephone Number: Originator's Facsimile Number: Approved FN DETAILS Subject: Jane Doe 2-7 v. Jeffrey Epstein Special Handling Instructions: Brief Description of Communication Faxed: Attached is the most recent correspondence that we received today from Mermelstein & Horowitz. WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this information disclosure, reproduction, distribution, or use of this information is prohibited (18,.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128730

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- seokoKkock -IND. XMT e.... somite DATE vee Wooo sRKK TIME 12:48 xoloioiotoiciok DATE/TIME JOURNAL No. COMM. RESULT PAGE CS) DURATION FILE No. MODE DESTINATION RECEIVED ID RESOLUTION MAR-17-2018 12:45 17 OK o1a 00: 2:21 616 MEMORY TRANSMISSION 93055364101 ‘ STD SOO ORIOOOOOOOCICOICOICIOOICOICICOICICOIGIK — tetolofoorokoick EFTA00128731

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'305-9312200 Herman a | Y p.m. 17-03-2010 MERMELSTEIN & HOROWITZ PA ATTORNEYS AT LAW Adam D. Horowitz Tel Fax ahorowitz @ sexabuseattorney.com Miami, Florida 33160 www.sexabuseattomey.com FAX TRANSMITTAL NO. OF PAGES Please see attached Motion to Compel Production of Jane Does Nos. 2-7’s Sworn Statements to FBI Investigators and Incorporated Memorandum of Law. Lisa Rivera, legal assistant to Adam D. Horowitz, Esq. Federal Bureau of Investigations RE: Jane Doe 2-7 v. Jeffrey Epstein ‘THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN_INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. JF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE ‘TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. V9 EFTA00128732

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:305-9312200 Herman wong . r p.m. 17-03-2010 219 Case 9:08-cv-80119-KAM Document489 Entered on FLSD Docket 03/17/2010 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-8081 1, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, / PLAINTIFF JANE DOE NOS. 2-7°S MOTION TO COMPEL PRODUCTION OF JANE DOE NOS. 2-7’S SWORN STATEMENTS TO FBI INVESTIGATORS RP T. Ww Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Motion to Compel Production of Jane Doe Nos. 2-7’s Sworn Statements to FBI Investigators and Incorporated Memorandum of Law, and state as follows: 1, These lawsuits arise from the alleged childhood sexual battery of Jane Doe Nos. 2-7 by Jeffrey Epstein (“Epstein”). 2. Prior to the filing of the Plaintiffs’ lawsuits, Epstein was investigated by the Federal Bureau of Investigation (FBI). During the course of the FBI’s investigation, some or all of Jane Doe Nos. 2-7 were interviewed by FBI agents and asked to provide sworn statements about their sexual abuse by Jeffrey Epstein, the same abuse underlying EFTA00128733

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,305-9312200 Herman a | r i 48pm. 17-03-2010 the factual allegations in the lawsuits now in front of this Court. 3. Pursuant to FBI protocol and the Federal Privacy Act, 5 U.S.C, § 552a(b), Plaintiff's undersigned counsel has served a subpoena on the Records Custodian of the FBI’s Miami office requesting the sworn statements of Jane Doe Nos. 2-7 given to FBI agents during their criminal investigation of Jeffrey Epstein. See Exhibit “A.” 4, The FBI informed Plaintiffs’ counsel that it requires further authorization in order to release the Plaintiffs’ own sworn statements pursuant to the Federal Privacy Act. Counsel for the FBI has advised that an Order from this Court authorizing the FBI to release the requested statements would be sufficient. See 5 U.S.C. § 552a (b)(11). A proposed Order authorizing the FBI to release the subpoenaed statements is attached as Exhibit “B.” 5. The requested statements are directly relevant and germane to the factual allegations underlying the Plaintiffs’ lawsuits and seemingly cannot be obtained by the Plaintiffs in any other way. Upon information and belief, the Defendant is already in possession of these documents. 6. Plaintiffs’ counsel has conferred with counsel for the Defendant who advised that Defendant opposes the relief requested. WHEREFORE, Plaintiffs, Jane Does Nos. 2-7, respectfully request an Order directing the Federal Bureau of Investigation to release any sworn statements of Jane Doe Nos. 2-7 given to the FBI during the criminal investigation of Jeffrey Epstein and any materials responsive to the subpoena served upon the FBI. 3/9 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 2 of 4 EFTA00128734

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,305-9312200 Herman am | e* pm. 17-03-2010 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 3 of 4 Certificate Pursuant to S.D.Fla.L.R. 7.1(A)(3) Undersigned counsel has conferred with Defendant’s counsel in a good faith effort to resolve the issues raised in this Motion, and has been unable to do so. Dated: March 17, 2010 Respectfully submitted, By:___s/ Adam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) ssm@sexabuseattorney.com Adam D. Horowitz (FL Bar No. 376980) abuseat YC Jessica D, Arbour (FL Bar No. 67885) jarbour@sexabuseattorney.com MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiffs Miami, Florida 33160 Tel: Fax: CERTIFICATE OF SERVICE I hereby certify that on March 17, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Adam D. Horowitz 4/9 EFTA00128735

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,305-9312200 ‘ Herman a r 10pm. 17-03-2010 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 4 of 4 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. jgoldberger@agwpa.com Robert D. Critton, Esq. reritton@belclaw.com Bradley James Edwards bedwards@rra-law.com Isidro Manuel Garcia isidrogarcia@bellsouth.net Jack Patrick Hill jph@searcylaw.com Katherine Warthen Ezell KEzell hurst.com Michael James Pike MPike@belclaw.com Paul G. Cassell cassellp@law.utah.cdu Richard Horace Willits wyerwilli com Robert C. Josefsberg riosefsbere@podhurst.com By facsimile and U.S. Mail to: Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 s/9 EFTA00128736

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, 305-9312200 Herman an | eo” 18p.m. 17-03-2010 6/9 Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 1 of 4 AO 84B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida Td ) Plaintiff ) v. ) Civil Action No, 08-C\V-80119- Marra ) ) (if the action is pending in another district, state where: Defendant ) ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Records Custodian, Federal Bureau of Investigation, Re. North Miami Beach, Florida, 33169 wo Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material; See Schedule A as attached. Place: Mermelstein & — PA. H Miami, FL. 33160 Date and Time: 04/02/2010 10:00 am O Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. a nn The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, end Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. CLERK OF COURT OR Signature of Clerk or Deputy Clerk Atlorney's signature The name, address, e-mail, and telephone number of the attomey representing (name of party) PLAINTIFF , Who issues or requests this subpoena, are: Stuart Mermelstein, Ada itz, Jessica Arbour, Mermelstein & Horowitz, P.A., A Miami, FL 33160, , jarbour@sexabuseatiomey.com., EXHIBIT i_A EFTA00128737

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.305-9312200 Herman wen’ oe” p.m. 17-03-2010 79 Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 2 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Infarmation, or Objects or to Permit {nsprction of Premisss in s Civil Action (Page 2) Civil Action No, 08-CV-80119- Marra PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P, 45.) ” Ate subpoena for (name of individual and title, if any) was received by me on (date) OC I served the subpoena by delivering a copy to the named person as follows: EE —— On (date) ;or OG Iretumed the subpoena unexecuted because: Unless the subpoena was issued on bebalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of $ My fees are $ for travel and $ for services, for a total of $ - 0,00 * I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Additional information regarding attempted service, eto: EFTA00128738

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.,305-9312200 Herman wong oe” pm, 17-03-2010 Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 3 of 4 AO 8B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Pemait Inspection of Premises in a Civil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attomey responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena, The issuing court must enforce this duty and impose an appropriate sanction — which may include lost carmings and reasonable attorney's fees — on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. {A) Appearance Not Required, A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attomey designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect @ person who is neither e party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow & reasonable time to comply; (ti) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, subject to Rule 45(c)(3)(B){iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by & subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (@ disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or ii) e person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying s subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (il) ensures that the subpoenaed person will be reasonably compensated, (4) Duties in Responding to a Subpoena, (1) Producing Documents or Electronically Stored Information. ‘These procedures apply to producing documents or electronically (A) Documents. A person responding to a subpoens to produce documents must produce them as they are kept in the ordinary course of business or must organize and Jabe! them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. if a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more then one form. (D) /naccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost, On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of unduc burden or cost, If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(0)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld, A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without tevealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced, If information produced in response to & subpoena is subject to a claim of privilege or of protection as trial- preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, s party must promptly retum, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim, The person who produced the information must preserve tbe information until the claim is resolved. (©) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(i). EFTA00128739 8/9

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,305-9312200 Herman meme’ er 17-03-2010 9/9 Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 4 of 4 Schedule A Swom statements taken during the investigation of Jeffrey Edward Epstein (Gi , Palm Beach, FL, DOB: ) from the following: EEE (DOB: 2/29/1988) SRE (DOB: 3/5/1988) GRE DOB: 6/6/1987) ee | (DOB: 10/23/1986) (DOB: 9/30/1990) ay WORE (DOB: 06/30/1987) EFTA00128740

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FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET FD-448 Revised 10-27-2004 PRECEDENCE C Immediate C Priority C Routine CLASSIFICATION C Top Secret C Secret C Confidential @ Sensitive C Unclassified TO Name of Office: Facsimile Number: U.S. Attorney's Office - Miami | SY Attn: Maritza Arbesu FROM Name of Office: FBI Miami, Chief Division Counsel Originator's Name: Number of Pages: (including cover) 8 Originator's Facsimile Number: Originator's Telephone Number: PLs i (305) Approved: FN DETAILS Subject: Jane Does 2-7 v. Jeffrey Epstein Special Handling Instructions: Please let me know which AUSA will be assigned this matter. Thank you. Brief Description of Communication Faxed: WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this information disclosure, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128741

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J: \ doboiookooioooioek =—TND, sor eves - soko DATE MAR-16-2018 seek TIME 11513 etoooiokick « he DATE/TIME MAR-16-2016 11:18 JOURNAL No. = 10 COMM. RESULT = OK PAGE CS) = 008 DURATION = 00:02:85 FILE No. = 629 MODE = MEMORY TRANSMISSION DESTINATION = 93055364101 RECEIVED 1D = RESOLUTION = STD ZSIOOROOIOIG OOO KOO OIOKIOOIOOICIOOOOIOICKHORIOR — ooo — otofolctofoiotok EFTA00128742

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FD-448 FEDERAL BUREAU OF INVESTIGATION ee FACSIMILE COVER SHEET PRECEDENCE C Immediate @ Priority © Routine CLASSIFICATION C Top Secret © Secret C. Confidential @ Sensitive C Unclassified TO Date: 03/16/2010 Facsimile Number: (305) Name of Office: Mermelstein & Horowitz PA Attn: Jessica D. Arbour, Esq. FROM Name of Office: Number of Pages: (including cover) FBI Miami, Chief Division Counsel 3 Originator’s Name: Originator’s Telephone Number: Originator's Facsimile Number: PLs i a | Approved: FN DETAILS Subject: Jane Does 2-7 v. Jeffrey Epstein Special Handling Instructions: Please review and provide CFR compliance letter & Privacy Act Order to Chief Division Counsel I Brief Description of Communication Faxed: WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this information disclosure, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128743

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4. Jeoniolookototoiotototak- — IND, oe soooooooomoook DATE MAR-16-20108 Yee TIME 11218 teioktoioick « *<¢ DATE/TIME = MAR-16-2018 11:09 JOURNAL No. = 69 COMM. RESULT = OK PAGE CS) = 803 DURATION = 98:02:29 FILE No. = 608 MODE = MEMORY TRANSMISSION DESTINATION = 93059318877 RECEIVED ID = / 38S 9312288 RESOLUTION = STD JolojojojoloieioloiototoiooiooiookokHololo KIO HOROIOKHOIOK. — — eK — — yoroo}ootoIok EFTA00128744

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U.S. Department of Justice Federal Bureau of Investigation 16320 N.W. 2nd Avenue In Reply, Please Refer to North Miami Beach, Florida 33169 nile No, March 16, 2010 Sent Via Facsimile & U.S. Mail Jessica D. Arbour, Esq. ermelstein & Horowitz, PA Miami, Florida 33160 Re: Jane Doe 2-7 v. Jeffrey Epstein Dear Ms. Arbour: We are in receipt of your subpoena and letter dated March 12, 2010. Please be advised that the FBI response to this request is governed by the provisions of Title 28, Code of Federal Regulations (CFR), Section 16.21 et seq. and the Privacy Act (Title 5, United States Code, Section 552a). These regulations specify that no employee of the Department of Justice, past or present, shall in response to a demand, produce or disclose information unless there is compliance with the applicable provisions. The procedure is mandatory and governs state and federal proceedings and has been upheld in the United States Supreme Court. See U.S. ex rel, Touhy v. Ragen, 340 U.S. 462 (1951). In addition, the Privacy Act (Title 5, U.S.C., Section 552a(b), prohibits the release of agency records pertaining to an individual, or information from those records, for a non-law enforcement purpose. The FBI may not disclose this information without the notarized written consent of each record subject, or an order from a court of competent jurisdiction authorizing its disclosure by the FBI. In the absence of either the notarized consent of the record subject, or an appropriate court order authorizing disclosure, we are statutorily prohibited from releasing any information to you. As you noted in your letter you will seek a court order allowing for the release of the records requested. Once the Privacy Act Order is issued, please provide a copy of the order along with a letter complying with the Code of Federal Regulations directed to Chief Division Counsel Frank Navas at the above address. In accordance with the above cited law and regulations, we must receive the notarized consent or Privacy Act Order before any documents may be released to you. Li: porte /O1sD Ad] wed EFTA00128745

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ae: Should mn require further assistance, please contact Paralegal Specialist JD Very Truly Yours, EFTA00128746

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e @ © Subpoena Notes Case : Jane Does 2-7 v. Jeffrey Epstein Special Agent: Records Custodian Date of Appearance: April 2, 2010 @ 10:00am Comments 3/15/2010 Received subpoena 3/16/2010 Faxed and mailed letter to requesting attorney Jessica D. Arbour requesting CFR compliance and PAO. Faxed copy of subpoena and CFR letter to USAO. lah a~ L1ydete 20 Cegeustedg her Mt gots Sack. he att pe fea hut week EFTA00128747

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Subpoena Notes Case : Jane Does 2-7 v. Jeffrey Epstein Special Agent: Records Custodian Date of Appearance: April 2, 2010 @ 10:00am Date Comments Al a tht. AA Re F224 {0 “ wisn ye ty Wic3oma:[ + Cs tli Sb Auch Asi thio 2tbp~Wepre» eu Ode. Sp2fo_ Kued hs Aus 4 hi LA o, / De vey Hat he (br. ha! he a thd) te Fas At tae FBE K4a/ Ab eau Atipinte Ah geuina Te wae Fog EFTA00128748

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© @ & Subpoena Notes Case : Jane Does 2-7 v. Jeffrey Epstein Special Agent: Records Custodian Date of Appearance: April 2, 2010 @ 10:00am EFTA00128749