~~ oO + om foe} a oO oO = = uw Lu

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DBERGER™ = VVEISS, JOSEPH R.ATTERBURY | JACK A, GOLDBERGER JASON S.WEISS Roard Certified Criminal Trial Anorney | Member of New Jersey & Florida flars July 21, 2008 AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 — Re: Jeffrey Epstein Dear Ms. Enclosed please find a Motion For Return of Property that | filed in Mr. Epstein’s state case. Out of abundance of caution, I am providing you a copy of the motion. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 561.835.8691 wwwagwpa.com EFTA00183408

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA CASENO.: 2006CF009454AXX DIVISON: “W” vs, JEFFREY EPSTEIN, Defendant. / DEFENDANT’S MOTION FOR RETURN OF PROPERTY COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney, and moves this Honorable Court to enter an Order for return of property seized on October 20, 2005 during execution of a search warrant at the Defendant’s residence. In support thereof the Defendant states as follows: 1. On October 20, 2005, the Palm Beach Police Department executed a search warrant at the Defendant's residence. During the execution of the warrant, numerous items of the Defendant’s personal property were seized and impounded by the Palm Beach Police Department. A copy of the search warrant return is attached to this motion (Exhibit A). 2. On June 30, 2008, the criminal charges arising from the search warrant were resolved through a negotiated plea agreement. 3. No legal justification exists for the continued impoundment of the Defendant’s personal property. The Defendant is entitled to the return of all personal property listed in Exhibit A. WHEREFORE, the Defendant, JEFFREY EPSTEIN, respectfully requests this Honorable Court to enter an Order for the return of his personal property. EFTA00183409

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CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Motion was sent via FAX and U.S. MAIL to Lanna Belohlavek, Esq., Assistant State Attorney, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 2\* day of July, 2008. ATTERBURY, GOLDBERGER & WEISS, P.A. 250 pustralian Avenue South, Suite 1400 West|Palm Beach( Florida 33401 . WOLBERGER, ESQUIRE Bar Number 262013 EFTA00183410

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bas r ‘.M BEACH POLICE DEPARTMEN™ ay ot & PROPERTY RECEIPT aay og _ cpereotn sian Q Foun O bECEASED (Probated) OPERSONAL.. __ O conriscatep QO vestrRoy | Devioence —_| PA trac O uasoratorY (C) sToLeN/RECOVERED Qrorner INCIDENTICITATION NUMB - DATE/TIME RECOVERED PROPERTY NUMBER (Leave Blank) BIN NUMBER (Leave'Biahk) C OD: 326 y “LO BOOS x RE PROPERTY IMPOUNDED ~ ‘ a PHONE NUMBER DISCOVERED B 4 7D.08, ; > |EX . ADOT AL Si SPECT DW.B.: \.hereby acknowledge thal the atiove list represenis-all property Impounded ~ | hereby acknowledge that the.above list represen al property taken : 7 by re in the cifiial performance ol miy duty is @ polloe olfcer. enero die meade welener —_ DATE ae iby SOON — el Se a i ef A iss iS rer ea Sc this Tay of October 2005, EFTA00183411

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' ore) Aca 7 | [BFBEACH POLICE DEPARTMED fees or @ an, See _ SARC WARRANT RELORN DETECTIVE BUREAU Qrouno _Qbeceasen (Probated) Q PERSONAL Qoonriscaten OQ bestRoy TRIAL ~ OQ aporatory’ _ Ostotewmecoveren ~ - QootHer ‘ INGIDENTICITATION NUMBER DATETIME RECOVERED PROPERTY NUMBER (Leave Blank) BIN NUMBER (Loave Blank) = = 2 7. : . . . 05-368 |. Ok P2-v co. . . RESS WHERE PROPERTY IMPOUNDED fi % EL - Belle DISCOVERED BY /D.0.B. ADDRESS —SsCStvo City 2p OWNER / VICTIM'S NAME7D.OB. ADDRESS PHONE NUMBER st a ay - | ADDRESS Streat r 2p. 135% El Ballo ‘ADDRESS Stat ly 2p | hereby acknowlodge that the above ist represents all property i by. me In.the official performance of my duty as a police officer, : hereby acknowledge that the. above list represinte- all property taken * impounded ; from me and'that | havgyoosived'a copy of this 1ecelpt. - : i EFTA00183412

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are. OO , «LM BEACH PO ERP RR AEC RRN DETECTIVE BUREAU LICE DEPARTME\ PAGE BOF GS O-PERSONAL O conriscatep Q bestroy .. Otaporatory O) sToLewREcovereD O oTHeR PROPERTY. NUMBER (Leave Blank) BIN NUMBER (Leave Blank) 05-108. ; , peers DATETIME RECOVERED 36 i -dp)- O h a ioe D BY/D.OB. Street Chly 2p PHONE NUMBER eeiesnania | hereby acknowledge that the above list represents all Property | taken from me and that ! have racelved @ copy of Inisrecelpt. RECEIVED BY 2p PHONE NUMBER “CLAIM CL) | NoTCLaim() . | hereby acknowledge that ihe above list represents all property. impounded by me In the offictal periormance of my duty as a police officer. EFTA00183413

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rane, -, .LM BEACH POLICE DEPARTME! | mpe Lov b a PROPERTY RECEIPT oh DETECTIVE BUREAU Obeceasen (probated) “Oh PERSONAL Qi conriscarep 2) pestroy pr. O)LaBorATORY O) sTOLENIRECOVERED QO otHer res Oj a= O PHONE NUMBER PHONE NUMBER “| PHONE NUMBER . Tay aoe rg TE PARIEASE Weta ~ <"T thereby acknoniodge thatthe above ist represehits ll property impounded emasleenies tenticorepadeiarecs a vin by me nh ola peromance of my duty as apotee ofice : EFTA00183414

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oh + aLM BEACH POLICE DEPARTME\ fhe Sor 6: Q conriscateD O) vestaoy rr) . meta . . PHONE NUMBER ‘4 OWNER'S NAME /‘D.0.B, foes ee PHONE NUMBER ob : _— DRESS PHONE NUMBER : | 250 | "En i : | | | hereby acknowledge that the above list nts all property taken | trom-me and that | have received a copy of thib-receipt. _ - EFTA00183415

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gle - sre PALM BEACH POLICE ‘DEPARTMEN + frte bos @ : DETECTIVE BUREAU Q conriscaTeD O) bestroy a stotenmecovereo O otHeR INQIDEN cian NUMBER DATE/TIME RECOVERED . PROPERTY:NUMBER (Leave Blank) * | BIN NUMBER (Leave Blank) ne 1 O05- 10 2006 14/0 |-OS- loar ADDRES: RE.PROPE! OUND} . (EN S5H EC Bulle | | ice a i gp ° Street Olty 2p PHONE NUMBER Sasa TET = S 5 : FOUND PROPERTY cia U |. eno norgan 7 tie VT. : . . 7 ; ’ CY lly (ata “Pfaiie wth e © S| piled G/e arr : a | hereby acknowledge that the above list represents all property impounded | hereby acknowledge that the above list represen ; ) by me In the official performance of my duty as @ police otficer. from ‘me and that | have received a copy of this receipt, . Aq a _ SIGNATURE DATE do [ / REASON | 7 DATE/TIME RECEIVED EFTA00183416

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LEWIS TEIN pt ~~ ATTORNEYS ATLAW July 21, 2008 Copy via facsimile FY : , Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: — Jeffrey Epstein Dear Ms. a: Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein “intends to fully abide by the Non-Prosecution Agreement.” The answer is yes. We confirm as you state in your letter that the Agreement requires that “the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr. Epstein] violates any term of [the Non-Prosecution Agrecment].” We also confirm that under the Agreement, “prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the , . . conditions and the requirements of th[e] Agreement.” As you know, there’is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Marra. Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding. We had previously notified the Court that the parties did not wish to argue the issue. I agree that the Agreement requires its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me if you wish further clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, Ul Tee. Michael R. Tein ec: ~ Jack Goldberger, Esq. - _ ~ 3059 GRAND AVENUE + SUITE 340+ COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 442-1101 + FACSIMILE (305) 442-6744 +» WWW.LEWISTEIN.COM EFTA00183417

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LEWIS TEIN rp. ATTORNEYS AT LAW July 21, 2008 Copy via facsimile ; SY Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. il Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein “intends to fully abide by the Non-Prosecution Agreement.” The answer is yes. We confirm as you state in your letter that the Agreement requires that “the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr. Epstein] violates any term of [the Non-Prosecution Agreement].” We also confirm that under the Agreement, “prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the . . . conditions and the requirements of th{e] Agreement.” As you know, there is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Marra. Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding. We had previously notified the Court that the parties did not wish to argue the issue. I agree that the Agreement requires its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me if you wish further clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, Uw Tee. Michael R. Tein cc: Jack Goldberger, Esq. Roy Black, Esq. Alex Acosta, Esq. 3059 GRAND AVENUE + SUITE 340+ COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 442-1101 + FACSIMILE (305) 442-6744 + WWW.LEWISTEIN.COM EFTA00183418

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IN RE: INVESTIGATION OF JEFFREY EPSTEIN / NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the “State Attorney’s Office”) have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter “Epstein”); IT APPEARING that the State Attorney’s Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney’s Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein’s background and any offenses that may have becn committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) (2) (3) (4) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page | of 7 EFTA00183419

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of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney’s Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; 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 the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. 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 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 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 | 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. Page 2 of 7 EFTA00183420

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Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney’s Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) — Epstein shall be sentenced to a term of twelve (12) months of community contro! consecutive to his two terms in county jail as described in Term 2(a), supra. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney’s Office and Epstein, the details of which are set forth in this agreement, The terms contained in paragraphs | and 2, supra, do not foreclose Epstein and the State Attorney’s Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration, Epstein shall waive all challenges to the Information filed by the State Attorney’s Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. Epstein shall provide to the U.S, Attorney’s Office copies of all Page 3 of 7 EFTA00183421

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10. 11. proposed agreements with the State Attorney’s Office prior to entering into those agreements. The United States shall provide Epstein’s attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein’s counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein’s counsel may contact the identified individuals through that representative, If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C, § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein’s signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. Epstein’s signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. Except as to those individuals who elect to proceed exclusively under 18 U.S.C, § 2255, as set forth in paragraph (8), supra, neither Epstein’s signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States, Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 EFTA00183422°

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sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. _ Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States’ request, Epstein agrees to provide an accounting of the gain time he carned during his period of incarceration, 13, The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney’s Office to abide by any terms of this agreement, Epstein understands that it is his obligation to undertake discussions with the State Attorney’s Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States’ interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein’s binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein’s agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges j tenti irato in, including but not limited to _ , or Further, upon execution of this agreement and a plea agreement with the State Attorney’s Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement, The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 EFTA00183423 } i i }

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By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting acharge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution, Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury’s investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury, Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury’s investigation, it may be by way ofan Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. Md ‘1 M1 Page 6 of 7 | | | | | EFTA00183424

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By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY | | Dated: By: | } ASSISTANT U.S. ATTORNEY | Dated: ghd j Dated: i GERALD LEFCOURT, ESQ, COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN | | | . “A j Page 7 of 7 | t EFTA00183425

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By signing this agreement, Epstein asserts and certifies that the above has been read j and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated; Dated: 9 ead 0] 7 Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 | EFTA00183426

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By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated; By: El ASSISTANT U.S, ATTORNEY JEFFREY EPSTEIN Dated; GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: F-A4-O- Page 7 of 7 EFTA00183427

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IN RE: INVESTIGATION OF JEFFREY EPSTEIN IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter “paragraph 7”), that agreement is modified as follows: TA. 7B. 7C, The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement, If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good fuith objections to the attorney representative suggested by the independent third-party prior to the fina] designation of the attorney representative, The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein’s Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative clects to file a contested lawsuit pursuant to 18 U.S.C, s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00183428

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By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY Dated; _ ee JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: |Q-4 7 LILLY A ESO. ATTORNEY FOR JEFFREY EPSTEIN EFTA00183429

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By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S, ATTORNEY Dated; JEFFREY EPSTEIN Dated: /@ bT10 RALD LEFCOURT} ESQ, COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, BSQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00183430

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Sincerely, V 5) R, ALEXANDER ACOSTA UNITED STATES ATTORNEY EE —_" EFTA00183431

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With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As | previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less From our mecting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as 1 wrote previously, appear far from simple to understand. |] would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, ina simple fashion. | would replace Paragraphs 7 and 8 with the following language: “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 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 mect, 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.” EFTA00183432

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U.S. Department of Justice United States Attorney Southern District of Florida R. ALEXANDER ACOSTA 99 NE. 4 Street UNITED STATES ATTORNEY Miami, FL 33132 (303) 961-9100 - Telephone (305) 530-6444 - Facsimile December 19, 2007 DELIVERY BY FA‘ Lilly Ann Sanchez Fowler White Burnett, PA 1395 Brickell Ave, 14" Floor Miami, FL 3313] Re: Jeffrey Epstein Dear Ms. Sanchez: I write to follow up on the December 14" meeting between defense counsel and the Epstgin prosecutors, as well as our First Assistant, the Miami FBI Special Agent in Charge and myself ? Section 2255 provides that; “{a)ny person who, while a minor, was a victim of a violation of [enumerated sections of Title 18) and who suffers personal injury as a result of such violation ... may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee.” EFTA00183433

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By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby, states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY | | Dated: py! |g U.S. ATTORNEY Datea: 27 | + Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00183434

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mz. a. (USAFLS) To: ); (USAFLS); (USAFLS); Subject: ollow-up poin' Here is my proposed response. Dear Jay: From: Jay Lefkowitz (mait | Sent: Thursday, August 14, 2008 2:39 PM To: USAFLS Cc: i Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things | don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes Finally, would paragraphs 8-10 of the September Agreement still be operative? | am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and | am open to understanding it that way. But! would like some clarity on these issues Thanks -- Jay Po re . <] > . . ec a Subject Follow-up point 08/14/2008 12:44 PM ubject W-UP Pp Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn’t force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. EFTA00183449

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Assistant U.S. Attorney FTI IIIIOIIOIOIIOIIIOIIII III It The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. RRR EEE REE EERE EEE EERE EERE EERE ERE ERE EEE EFTA00183450

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ZF rene oet on AIK Nw NE No EFTA00183451

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ma. a. (USAFLS) From: , (USAFLS) Sent: gust 05, 2008 6:35 PM Subject: : Jeffrey Epstein Agreement Hi everyone — I still haven't heard from Roy, but in the meantime, I have been looking for correspondence that could be described as an assent to the modification in the December letter. | First, as set forth below, prior to the change of plea, we informed Epstein’s counsel that we took the position that we already have a binding agreement and that nothing further was required. (This was a June 24 e-mail) Dear Roy and Jack: I am just writing to re-state that it is the Government’s position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. We took the same position in the e-mails that Jeff and I sent to Jay Lefkowitz notifying him of Epstein’s need to promptly perform their obligations following the various DOJ decisions. This was the language we used: Dear Mr. Lefkowitz: 1 understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein’s case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney’s December 19" letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. (This was sent on June 23" to Jay and June 24" to Roy.) Following this correspondence, Epstein entered his guilty plea. On June 30", a couple of hours after the change of plea, the agents and I went to Jack Goldberger’s office and met with Jack and Mike Tein. We provided them with the proposed Notification of Identified Victims. On the first page of that notice, we wrote the following: 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: 1 EFTA00183473

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“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.” On July 9, 2008, Jack Goldberger wrote me a letter with some objections to the Proposed Notification. Although he had several requests for changes, he stated: “Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice.” This, to me, is a written assent that the quoted language is, in fact, one of the conditions to which Epstein has agreed. So, I think that we do have a written, binding agreement comprised of the three documents that, as far as I know, were filed with the state court with Jack Goldberger’s approval. (I am waiting to hear back from the ASA.) Here again is what I provided to the State Attorney's Office, for your records. Epstein Agrmt001.pdf I am concerned that we were adamant before Epstein’s plea that we had a complete agreement and nothing more was necessary and now taking the position that we do not have an operative document (or set of documents). Alex. does the Black and Goldberger correspondence described above allay your concerns? Or would you still like me to raise this issue with Roy whenever he gets back to me? Thank you, sorry for the lengthy e-mail. istant U.S. Attorne From: - (USAFLS) Sent: Tuesday, June 24, 2008 4:05 PM To: 'Roy BLACK’; "Jack Goldberger’ EFTA00183474

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Cc: Subject: Jeffrey Epstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification, Please keep us informed of the date and time of the change of plea and sentencing. Thank you. stant U.S. Attorney Tracking: EFTA00183475

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Recipient GE srs) Sloman, Jeff (USAFLS) a Read Read: 8/5/2008 6:39 PM Read: 8/5/2008 6:37 PM EFTA00183476

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: July 17, 2008 VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: The Office has reviewed your “Notice of Continued Pendency of Federal Criminal Action,” and we feel that it misrepresents the posture of the federal investigation. For example, you cite to Jn re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal criminal action remains pending. That is a citation to Mr. Epstein’s Motion to Quash a subpoena for computer equipment removed from Mr. Epstein’s home after he and his attorneys were aware of the existence of the state investigation. Pursuant to the Non- Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not “pending” in our estimation. The Non-Prosecution Agreement calls for deferment of federal prosecution “in favor of prosecution by the State of Florida, provided that Epstein abides by the [enumerated] conditions and the requirements of th{e] Agreement . . .” (Non-Prosecution Agreement, p. 2 (emphasis added).) One of those conditions is Epstein’s agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they “will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated offense.” (United States Attorney’s December 19, 2007 letter to Lilly Ann Sanchez.) If, in fact, your position is that the federal criminal action is still pending such that the Court must stay the civil proceedings, then the Office proposes that we seek the prompt resolution of the Motion to Quash, so that the computer equipment can be analyzed and the | | EFTA00183477

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MICHAEL TEIN, ESQ. JULY 17, 2008 PAGE 2 federal investigation can continue. If, instead, Mr. Epstein intends to fully abide by the Non- Prosecution Agreement, then the “federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Epstein] violates any term of [the Non-Prosecution Agreement].” (Non-Prosecution Agreement, page 5.) Please advise whether you intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attorney ce: Jack Goldberger, Esq. EFTA00183478

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peeeaee U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Michael R. Tein _ FAX NO. | = <a$aG§s Zz? PHONE NO. - TO: Jack Alan Goldberger _ DATE: July 17, 2008 # OF PAGES: ___ 3 _ RE: Jeffrey Epstein FROM: TE. Assistant U.S. Attorney PHONE NO. P| COMMENTS: EFTA00183479

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07/17/08 18:17 FAX 15616594526 USAO WEST PALM Mooi SHELKSETHELASLSLARKS She TX REPORT eee SHERERASKSRSKSRT ESSE TRANSMISSION OK TX/RX NO 3957 CONNECTION TEL 8358691 SUBADDRESS CONNECTION ID ST. TIME O7/17 18:16 USAGE T 00°42 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: jicha FAX NO, | rons. <i TO: Jack Alan Goldberger FAX NO, i Ea PHONE NO. | xx DATE: July 17, 2008 #OFPAGES: 3 RE: Jeffrey Epstein FROM: Re. Assistant U.S. Attorney PHONE NO. fe EFTA00183480

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07/17/08 18:18 FAX 15616594526 USAO WEST PALM Moor ee TX REPORT #S% EEKERERAAAKASRSESLSRS ; : : i FELSESERERERS SAKA SRS TRANSMISSION OK | | j 1 TX/RX NO 3958 CONNECTION TEL 13054426744 SUBADDRESS CONNECTION ID ST. TIME O7/17 18:17 USAGE T 01°04 PGS. SENT 3 RESULT OK U.S, Department of Justice United States Attorney Southern District of Florida 500 S, Australian Ave, 4th Floor West Palm Beach, Florida 3340] (561) 8204 on FACSIMILE COVER SHEET TO: Michael R. Tein raxno. QR PHONE NO. TO: Jack Alan Goldberger DATE: July 17, 2008 # OF PAGES: __ 3 RE: Jeffrey Epstein FROM: ssi S. Attorne PHONE NO. P| EFTA00183481

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From: FAXmaker To; 15618208777 Page: 2/2 Date: 7/21/2008 6:38:17 PM Lewis Ths July 21, 2008 Copy via facsimile . , Bsq. Office of the United States Attorney $00 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. aa. Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein “intends to fully abide by the Non-Prosecution Agreement.” The answer is yes. We confirm as you state in your letter that the Agreement requires that “the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr. Epstein] violates any term of [the Non-Prosecution Agreement].” We also confirm that under the Agreement, “prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the . . . conditions and the requirements of th{e] Agreement.” As you know, there is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Marra. Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding, We had previously notified the Court that the parties did not wish to argue the issue. I agree that the Agreement requires its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me if you wish further clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, Michael R. Tein ; cc; Jack Goldberger, Esq. _ Roy Black, Esq. Alex Acosta, Esq. 3058 GRAND AVENUE + SUITE 340+ COCONUT GROVE, FLORIOA 33/33 TELEPHONE (308) 442-1 /Ol « FACSIMILE (305) 442-6744 + WWW.LEWISTEIN.COM This fax was sent with GFl FAXmaker fax server. For more information, visit: http:/Awww.gfi.com EFTA00183482

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From; FAXmaker To; 15618208777 Page: 1/2 Date: 7/21/2008 6:38:17 PM Lewis Teinr. ATTORNEYS AT LAW FACSIMILE TRANSMISSION RECIPIENT: SG. Eso. RECIPIENT'S FAXNUMBER: [ SENDER: Michael R. Tein, Esq. DATE: July 21, 2008 PAGES (including cover sheet): 2 COMMENTS: IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL BY MAIL AT THE BELOW ADDRESS, THANK YOU, LEWIS TEIN, P.L. - 3059 GRAND AVENUE - SUITE 340 - COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 442-1101 » FACSIMILE (305) 442-6744 - WWW.LEWISTEIN.COM This fax was sent with GFl FAXmaker fax server. For more information, visit: http./www.gfl.com EFTA00183483

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: July 10, 2008 VIA FACSIMILE Jack A, Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In response to your letter of today’s date, copies of the victim notifications are being mailed to you on a rolling basis. For those victims who have counsel, the attorneys’ contact information will be included. As you will see, the letter makes clear that neither the U.S. Attorney’s Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation. The Office feels that is a sufficient statement of its position and we will not include the language that you have requested. Also, a final list of victims has been sent to you today via Certified Mail. That list is identical to the draft provided to you on June 30th, except that it also includes the full name of the minor victim. Sincerely, R. Alexander Acosta United States Attorney — By: Assistant United States Attorney EFTA00183486

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* %* * TRANSMISSION RESULT REPORT ( JUL.18.2008 S:26PM)*% * * : TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE ~JUL.10, SizePM=*~=<“i«és LL TESC—=“iéiRA” OéPCCOKOO*~“‘CS™S™S™S™S*«SS # : BATCH C + CONFIDENTIAL P : POLLING M i MEMORY L : SEND LATER 6: F ING E ? ECM > + REDUCTION Si ST Di DETAIL Ft FINE A-i ASYNC MODE 1-? MIL_STD MODE G-! RICOH-MG3/COMPATIBLE MODE | EFTA00183487

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: _July 10, 2008 FAX NO. # OF PAGES: __2 PHONE NO. _ RE: Jeffrey Epstein FROM: (IRE, Assistant v.s. Attorney PHONE NO. Fe COMMENTS: EFTA00183488

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, . (USAFLS From: (USAFLS) Sent: 8 5:15 PM To: UsArLS sar S| TT ) I) response to Goldberger's letter . (USAFLS) (USAFLS); Sloman, Jeff (USAFLS); 12:26 200; Subject: Proposed response to Goldberger's letter Please let me know if this is alright to fax out today. I can see no reason for us to disclose any of the additional information that they have requested. The message is ready to be sent with the following file or link attachments: 080710 Response to Goldberger Itr re notification.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. EFTA00183489

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* JOSEPH R.ATTERBURY *} JACK A. GOLDBERGER JASON S.WEISS *Board Certified Criminal Trial Atomey + Member of New Jersey & Florida Bars July 10, 2008 istant Uni ‘es Attorney 500 S. Australian Avenue 4" Floor, Suite 400 West Palm Beach, Florida 33401 MAIL & FA ILE Re: Jeffrey E. Epstein Dear Ms. a. Thank you for your letter of yesterday. Kindly allow me a few follow-up points. First, we respectfully request a reasonable opportunity to review and comment on a draft of the modified notification letter you intend to mail before you send it. Second, we respectfully ask that you provide us with the identity of the victims’ rights organization described in your letter; the name and contact information of the person at that organization with whom the Government has been communicating; copies of any communications with that organization and the pro-bono lawyers/groups who were recommended by that organization; and a description of any non-written communications that the Government has had with that organization and the pro-bono lawyers/groups. Third, while we appreciate your offer to disclose the names of the lawyers currently representing the individuals when you have finished compiling all of that information, we would be very grateful if you would provide any contact information you do have, on a rolling basis. Fourth, would it be possible for you to advise us of the full name of the minor to whom you have referred by initials, as well as the identities of the three individuals whom the Government notified about the deferred-prosecution agreement shortly after its signing (as One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 561.835.8691 www.agwpa.com EFTA00183490

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indicated in your letter of December 13, 2007)? Fifth, please recall that Mr. Sloman wrote to Judge | October 25, 2007 that “The United States takes no position as to the validity of any such claim under this statute.” To | avoid any appearance that the United States is endorsing or encouraging litigation by the | identified individuals, we believe that such a statement should be included in any | notification letter. | | t | | look forward to receiving your input on these issues. Until then, | remain, Jack A. Goldberger | JAG/na cc: Jeffrey E. Epstein | } j } | } | | | EFTA00183491

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_—__ JUL-10-2008 THU 04:38 PM FAX NO, 5618358691 P. O1 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 E | SHEET DATE: July 10, 2008 TO: BE BE. sure FAX NO.: Pt FROM: Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 3 , Including cover sheet **« PLEASE NOTE - CONFIDENTIALITY WARNING “ THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND. EXEMPT SURE E Pp . Ifthe 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 Mall Service. Thank you for your cooperation EFTA00183492

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FAX NO. 5618358691 | JOSEPH R.ATTERBURY | JACK A. GOLDBERGER JASON S.WEISS | Beard Certified Criminal Trial Attorney { Member of New Jorsey & Florida Bars July 10, 2008 . , Esq. Assistant United States Attorney 500 S. Australian Avenue 4" Floor, Suite 400 West Palm Beach, Florida 33401 a Re: Jeffrey E. Epstein Dear vs. a: Thank you for your letter of yesterday. Kindly allow me a few follow-up points. First, we respectfully request a reasonable opportunity to review and comment on a draft of the modified notification letter you intend to mail before you send it. Second, we respectfully ask that you provide us with the identity of the victims’ rights organization described in your letter; the name and contact information of the person at that organization with whom the Government has been communicating; copies of any communications with that organization and the pro-bono lawyers/groups who were recommended by that organization; and a description of any non-written communications that the Government has had with that organization and the pro-bono lawyers/groups. Third, while we appreciate your offer to disclose the names of the lawyers currently representing the individuals when you have finished compiling all of that information, we would be very grateful if you would provide any contact information you do have, on a rolling basis. Fourth, would it be possible for you to advise us of the full name of the minor to whom you have referred by initials, as well as the identities of the three individuals whom the Government notified about the deferred-prosecution agreement shortly after its signing (as One Clearlake Cenvre. Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 561.659,8300 £561,835.8691 wwwagwpa.com EFTA00183493

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JUL-10-2008 THU 04:39 PH FAX NO, 5618358691 P, 03 indicated in your letter of December 13, 2007)? Fifth, please recall that Mr. Sloman wrote to Judge I on October 25, 2007 that “The United States takes no position as to the validity of any such claim under this statute.” To avoid any appearance that the United States is endorsing or encouraging litigation by the identified individuals, we believe that such a statement should be included in any notification letter. | look fonyard to receiving your input on these issues. Until then, | remain, Jack A. Goldberger JAG/na cc: Jeffrey E. Epstein EFTA00183494

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, . (USAFLS From mamrausee (USAFLS) Sent: uly 09, 2008 1:04 PM To: FLS): Sloman, Jeff (USAFLS): Ce: Subject: esponse to Goldberger Letter Here are my thoughts: 1. Notification only by mail: For those girls who are currently not represented (or for whom we do not know of any representation), we intend to contact the victims by telephone to tell them of the resolution and to get mailing addresses to send the written notification or to determine if they have secured counsel to send it to them. For the girls who are represented, contact will be made by telephone followed by the mailing of the notification. | think a “Jive” thank you is the least that is required at this point and a “check in” to make sure that girls who need counseling are getting it. (FBI has already arranged counseling for several girls.) In any written response to Mr. Goldberger, I would simply ignore this request. 2. Separate mailings: | have no objection to this change. The notice was drafted the way it was so that Epstein would only have to sign one document rather than 33. Since he isn’t going to sign any, that change is fine with me. 3. Notification limited to the information on the first page of the draft notification: In light of Epstein’s refusal to sign the acknowledgement, I think some additional explanation is required. I will prepare that revision and send to you shortly. 4, Eliminate the Acknowledgement portion: | have no objection to this, 5. Supplement the notification with our previous statement that we are not vouching for the veracity of any claim: | would reject this request and, in our response to Goldberger, state that we have limited our list to those whom we were prepared to name in an indictment and, accordingly, we believe that there is proof beyond a reasonable doubt that each was a victim of Epstein’s. 6. Explain why the acknowledgement is required: In our response to Goldberger, | think we should explain that the acknowledgement language was meant to create a means for proving the existence of the agreement without having to provide copies of the Non-Prosecution Agreement, which contains a confidentiality clause. While | have no objection to revising the language, | think that Epstein’s position will lead to litigation regarding the need to disclose the full agreement, which is contrary to the parties’ interest in confidentiality, I agree that we cannot force him to sign the acknowledgement, but he must accept the consequences of that decision. 7. Names of pro bono lawyers and information regarding their communications: | have already advised Mr. Goldberger that I will provide him with the names and contact information of attorneys who represent the victims, so I have no objection to that. I also have no objection to telling him that they were recommended by the Crime Victims Rights Advocacy Group based upon a referral from the Justice Department, Other than that, I have no intention of disclosing any “communications” that I had with them. I will take a crack at revising the victim notifications and drafting a response to Goldberger. Any other thoughts | should incorporate? Assistant U.S. Attorney Tracking: EFTA00183496

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Recipient HS (saris) Sloman, Jeff (USAFLS) Pp H) Bl) Read Read: 7/9/2008 1:26 PM Read: 7/9/2008 1:05 PM EFTA00183497

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U.S. Department of Justice United States Attorney Southern Dictriot af D124 LewtS NOTIFICATION ¢ NOTICE: INACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A_ LEGAL PROCEEDING. EFTA00183498

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: Hin June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as “Epstein) entere q aplea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prost itution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Cj reuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2 008-cf- 009381AXXXMB) and was sentenced to a term of twelve months’ imprisonmer yt to be followed by eighteen months’ of Community Control 1, the first six months of which must be served imprisoned at the Palm Beach County Detention Facility. In light of the entry of the guilty plea and sentence, the United States has a2reed 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 had been tried federally and convicted ofan 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.” Initials of Jeffrey Epstein =I nitials of Guy Lewis __ ——. EFTA00183499

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NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 2 PAGE 2 OF 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT I have received this Notification from my attorney, Guy Lewis, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I understand Initials of Jeffrey Epstein Initials of Guy Lewis EFTA00183500

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NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 3 OF 3 that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the introduction of a copy of this document-even in redacted form-in any judicial proceeding between any identified individual and myself. Dated: Jeffrey Epstein Witnessed by: Guy Lewis, Esquire EFTA00183501

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' JOSEPH R.ATTERBURY JACK A. GOLDBERGER July 9, 2008 JASON S.WEISS Board Certified Criminal Wial Accorney ' Member of Now Jersey & Florielt: Bars Bs a ::<. Assistant United States Attorney United States Attomney’s Office 500 South Australian Avenue 4" Floor, Suite 400 West Palm Beach, Florida 33401 A E- L & M, Re: Jeffrey E, Epstein Dear Ms. Hn Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed to me at my office on June 30, 2008, styled “Notification of Identified Victims.” 1 would like to address a few related issues. First, please note that we have several requests concerning any such notification. Specifically, we request that: (a) Any notification be sent to any individual by mail (or served upon their attorney, to the extent known), and we respectfully object to any service by hand, a method of service which carries the concomitantrisk of conversations regarding the notification that potentially would place the federal authorities in a position of being advocates for civil litigation; (b) Any notification be effectuated by a separate mailing to each individual without the inclusion of any language that appeared on the second page of your June 30, 2008 memorandum; i.e. rather than including in each notification a large section listing “identified individuals” with redactions other than the name of the recipient (which we contend would be a clear and impermissible signal to any individual that the notification is a broad notification to numerous other alleged victims). Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Clearlake Centre, Suite 1400 250 Australian Avenuc South West Palm Beach, FL 33401 p 561.659.8300 561.835.8691 wwwagwpa.com EFTA00183502

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JUL-09-2008 WED 12:07 PH FAX NO, 5618358691 (c) You eliminate from any notification any language that is currently contained in the “acknowledgment” section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government’s previously made representation that it is not vouching for the veracity of any claim by any identified individual. See Letter from J. Sloman to E. {j(10/25/07). Second, pleasc note also that we do not understand your request that Mr. Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agrcement requires Mr. Epstein’s exccution of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties” agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to “acknowledge” anything not already contained within the four corners ofthe written agreement. The agreement certainly contains no written term obligating that he “waive any evidentiary challenge to the introduction of a copy” of any “Notification of Identified Victims” in “any judicial proceeding between any identified individual” and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in “any judicial proceeding” - - which clearly exceeds the bounds of the parties’ written agreement. Third, | would respectfully request that you provide me with the names of the “pro bono lawyers” who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identified on your June 30 draft notification, as well as any knowledge that the Government has as to how they were selected, and what communications the Government has had with them to date. Finally, please know that it is Mr. Epstcin’s firm intent to fulfill strictly each term and condition of his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties’ written agreement. Llook forward to your response. Until then, I remain, A. Goldberger ce: Jeffrey Epstein EFTA00183503 . 03

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JUL-08-2008 WED 12:06 PM FAX NO, 5618358691 P, Ot ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 NSMITTAL COVER S T DATE: July 9, 2008 To SE BE &=2u'c rxno: A FROM: Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 3 , including cover sheet *** PLEASE NOTE - CONFIDENTIALITY WARNING *** THIS_ MESSAGE |S INTENDED FOR THE USE OF THE INDIVIOUAL OR ENTITY TO WHICH IT |S iE iD INTAIN INF: T RI D. FIDENTIAL E 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. 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 Mail Service. Thank you for your cooperation. EFTA00183504

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* JOSEPH R.ATTERBURY *t JACK A. GOLDBERGER July 9, 2008 JASON S.WEISS “Board Certified Criminal Trial Aworney ‘{ Member of New Jersey & Florida Bars Assistant United States Attorney United States Attorney’s Office 500 South Australian Avenue 4" Floor, Suite 400 West Palm Beach, Florida 33401 = - ma” & FACSIMILE Re: Jeffrey E, Epstein Dear Ms. i. Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed to me at my office on June 30, 2008, styled “Notification of Identified Victims.” I would like to address a few related issues. First, please note that we have several requests concerning any such notification. Specifically, we request that: (a) Any notification be sent to any individual by mail (or served upon their attorney, to the extent known), and we respectfully object to any service by hand, a method of service which carries the concomitant risk of conversations regarding the notification that potentially would place the federal authorities in a position of being advocates for civil litigation; (b) Any notification be effectuated by a separate mailing to each individual without the inclusion of any language that appeared on the second page of your June 30, 2008 memorandum; i.e. rather than including in each notification a large section listing “{dentified individuals” with redactions other than the name of the recipient (which we contend would be a clear and impermissible signal to any individual that the notification is a broad notification to numerous other alleged victims), Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Clearlake Centre, Suite 400 250 AustrallanAvenue South West Palm Beach, FL 33401 p 561.659.8300 561.835.8691 www.agwpa.com EFTA00183505

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the “acknowledgment” section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government’s previously made representation that it is not vouching for the veracity of any claim by any identified individual. Sée Letter from J. Sloman to E. I (10/25/07). ' | (c) You eliminate from any notification any language that is currently contained in | Second, please note also that we do not understand your request that Mr, Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein’s execution of any such additional stipulation, Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties’ agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to “acknowledge” anything not already contained within the four corners of the written agreement, The | agreement certainly contains no written term obligating that he “waive any evidentiary challenge to | the introduction of a copy” of any “Notification of Identified Victims” in “any judicial proceeding between any identified individual” and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 | proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in “any judicial proceeding” - - which clearly exceeds the bounds of the parties’ written agreement. Third, | would respectfully request that you provide me with the names of the “pro bono lawyers” who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identified on your June 30 draft notification, as well as any knowledge that the Government | has as to how they were selected, and what communications the Government has had with them to date. his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties’ written agreement. I look forward to your response. Until then, I remain, | | Finally, please know that it is Mr. Epstein’s firm intent to fulfill strictly each term and condition of | ce; Jeffrey Epstein | | EFTA00183506

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: July 9, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: Thank you for your letter of today’s date regarding the proposed Victim Notification. Let me address some of the items in your letter. We have no objection to doing individual mailings. The Notification was drafted in that way in order to minimize the number of documents that Mr. Epstein would sign. Now that you have raised an objection to signing the Acknowledgment, each notification will list only the victim who is being notified. In light of Mr. Epstein’s refusal to sign the Acknowledgment, the Acknowledgment portion has been deleted and the notification has been slightly modified in order to provide more complete information and it has been formatted as a letter rather than a more formal “Notification” document. We will not be including any statement that the U.S, Attorney’s Office is not vouching _ for the veracity of any claim. As you know, the U.S, Attorney’s modification of the 2255 portion of the Agreement now limits our victim list to those persons whom the United States EFTA00183507

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JACK GOLDBERGER, ESQ. JULY 9, 2008 PAGE 2 was prepared to include in an indictment. This means that, pursuant to Justice Department policy, these are individuals for whom the United States believes it has proof beyond a reasonable doubt that each of them was a victim of an enumerated offense, ‘There will be no statement one way or the other regarding the validity of any claim. You have asked for an explanation of why I believe the Acknowledgment portion is required by the terms of the Agreement. Under a strict reading of the Agreement, it is not required, other than to Acknowledge that the United States has performed its obligation of providing Mr. Epstein with a list of identified victims following his guilty plea and sentencing. The purpose of the Acknowledgment was to create one single document incorporating the parties’ agreement on the single topic of the right to proceed under 18 U.S.C. § 2255. This would avoid litigation regarding the victims’ rights to have access to the original Non-Prosecution Agreement. Without such an express Acknowledgment by Mr. Epstein that the Notice contains the substance of that Agreement, I believe that the victims will have a justification to petition for the entire agreement, which is contrary to the confidentiality clause that the parties have signed, If you believe that particular words are objectionable, I am happy to consider a modification. As I mentioned to you last week, | will provide you with the names of the attorneys currently representing the victims when we have compiled all of that information, Some of the victims are represented by attorneys from the South Carolina Victim Assistance Network and the Maryland Crime Victims Resource Center, both of which were recommended by a victims’ rights organization that receives grants from the Justice Department. If you have any suggestions for a modification of the Acknowledgment, please let me know. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney ce: usa EFTA00183508

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U.S. Department of Justice United States Attorney Southern District of Florida Villafaiia 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: July 9, 2008 FAX NO. # OF PAGES: 3 PHONE NO. _ RE: Jeffrey Epstein FROM: TE. | ssisiant U.S. Attorney _ PHONE NO. Fs COMMENTS: EFTA00183509

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DUT + : BATCH : SEND LATER =! ASYNC MODE * * % TRANSMISSION RESULT REPORT ( JUL. 9.2008 4:@5PM ) * * * TTI USAO WPB FL ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE CONF IDENT IAL + POLLING M: MEMORY FORWARDING ECM > + REDUCTION »OeO omy L : FINE -! MIL_STD MODE -? RICOH-MG3/COMPATIBLE MODE EFTA00183510

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JUL-08-2008 TUE 04:37 PH FAX NO, 5618358691 P, Ol ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 8, 2008 TO: me Assistant U.S. Attorney FAX NO.: at FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 2 , Including cover sheet ** PLEASE NOTE - CONFIDENTIALITY WARNING *** is R_TH OF TH OR ENTITY TO WHICH | is] ‘Al ION ILE NTI 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. 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 Mail Service. Thank you for your cooperation. EFTA00183511

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JUL-08-2008 TUE 04:37 PH ‘ JOSEPH R.ATTERBURY ' | JACK A.GOLDBERGER JASON S.WEISS ' Boned Gortified Criminal Trial Acrarney + Mombeor of New jersey & Florida Bars July 8, 2008 — — AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re: — Jeffrey Epstein Dear Marie, 1am out of the office today. I will response to your fax of July 8, 2008 by return of fax tomorrow. Very truly yours, Jack A, Goldberger Dictated but not read JAG/na One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palin Beach, FL 33401 p 56),659.8300 561.835.8691 wwwagwpa.com | EFTA00183512

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| | | | EFTA00183513 abraypo PLO 49) 30/8/e-

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: July 8, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: — Jeffrey Epstein Dear Mr. Goldberger: In accordance with the terms of the Non-Prosecution Agreement, on June 30, 2008, the United States Attorney’s Office provided you with a list of thirty-one individuals “whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein.” Yesterday, I provided you with the identification of another victim whom I had erroneously left off of that list. At the time the list was provided, Special Agent and I impressed upon you the need to finalize this last piece of the agreement as quickly as possible so that we could fulfill our victim notification obligations. In deference to your vacation, we allowed you a week to provide us with any objections or requested modifications to the list and/or the Notification language. Yesterday, I contacted you via telephone and e-mail, but received no response. Accordingly, the United States hereby notifies you that it will distribute the victim notifications tomorrow, July 9, 2008, to each of the thirty-two identified victims, either directly or via their counsel. A carbon copy of each notification will be provided to you, and the notification will list you as the contact person for any civil litigation, if the victim decides EFTA00183514

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JACK GOLDBERGER, ESQ. JULY 8, 2008 PAGE 2 to pursue damages. If the United States learns that a civil suit has been filed against Mr. Epstein and he has denied that one of these victims is entitled to proceed under 18 U.S.C. § 2255, that will be considered a breach of the Non-Prosecution Agreement and the United States will proceed accordingly. Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attorney cc: avs EFTA00183515

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DATE TIME DW + * * % TRANSMISSION RESULT REPORT ( JUL. 8.2008 2:11PM) * * * ADDRESS MODE > CONFIDENTIAL FORWARDING 080 + DETAIL -} MIL_STD MODE WSS KEI | @’34" P. 3 OK + POLLING : ECM owe + FINE =: RICOH-MG3/COMPATIBLE MODE TTI USAO WPB FL NAME FILE 398 M : MEMORY > = REDUCTION EFTA00183516

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: July 8, 2008 FAX NO. # OF PAGES: __ 3 PHONE NO. RE: Jeffrey Epstein FROM: [, Assistant vs. attorney _ PHONE NO. _ COMMENTS: EFTA00183517

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6/27/og AMO/ lirt AIK « Goldloesgu- EFTA00183518

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: June 27, 2008 VIA FACSIMILE AND ELECTRONIC MAIL Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney’s Office. The U.S, Attorney’s Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility . . . The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, .. . without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney’s Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of cighteen months imprisonment, which means confinement twenty-four EFTA00183519

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JACK GOLDBERGER, ESQ. Roy BLACK, Esq. JUNE 27, 2008 PAGE 2 OF 2 hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. Secondly, we have not been provided with a copy of the Information filed in case number O08CF009381AMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not attempted procurement, Accordingly, please provide me with a copy of the Information at your earliest opportunity. I will be available via e-mail throughout the weekend or you may reach me on my cell phone at 561 601-2301. Thank you. Sincerely, R. Alexander Acosta United States Attorney By: States Attorney cc: RB Ausa EFTA00183520

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Roy Black, Esq. DATE: June 27, 2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: Jeffrey Epstein _ FROM: _ Assistant U.S. Attorney _ PHONE NO, Si COMMENTS: EFTA00183521

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U.S, Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (S61) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldberger _ DATE: June 27, 2008 FAX NO. # OF PAGES: ___ 3 PHONE N RE: Jeffrey Epstein ee EEE. 1 ;:is:20: U.S. Attorney PHONE NO. MM FROM: COMMENTS: EFTA00183522

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* ¥ % TRANSMISSION RESULT ADDRESS ~JUN.27. S353PM | 328 # : BATCH C : CONFIDENTIAL L : SEND LATER @ + FORWARDING S : STANDARD D: DETAIL A-! ASYNC MODE 1-: MIL_STD MODE REPORT ( JUN.27.2008 S:SSPM ) * * # TTI USAO WPB FL TIME PAGE RESULT POLLING M =: MEMORY ECM > = REDUCTION ons FINE RICOH-MG3/COMPATIBLE MODE EFTA00183523

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* * % TRANSMISSION RESULT REPORT ( JUN.27.2008 S:SSPM )* * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUN.27, 5:S4PM TES a’33" P.3 OK 329 # : BATCH C + CONFIDENTIAL P + POLLING M = MEMORY L : SEND LATER @ + FORWARDING E: ECM > = REDUCTION S : STANDARD D: DETAIL Fo: FINE A-: ASYNC MODE i-: MIL_STD MODE G-! RICOH-MG3/COMPATIBLE MODE EFTA00183524

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U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: June 27, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: — Jeffrey Epstein Dear Messrs. Goldberger and Black: I write to follow up on my e-mail correspondence of June 24 and June 26, and my message this morning. As of 3:15 p.m., Friday, June 27, 2008, the Office still has not received a copy of a proposed plea agreement between Mr. Epstein and the State Attorney’s Office, nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agreement between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4, 2008—almost six months ago. The Office has continued that deadline to allow Mr. Epstein to raise various issues with the Department of Justice, but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the terms of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly informed counsel for Mr. Epstein that he must enter his plea, be sentenced, and begin serving his sentence by 5:00 on Monday, June 30, 2008. This week I have sent two e-mails and left a message with Mr. Black’s receptionist asking for the date and time of the change of plea and for a copy of the proposed plea agreement between Mr. Epstein and the State Attorney’s Office in accordance with the terms of the Non-Prosecution Agreement. I have received no response to any of those requests. j | | } | EFTA00183525

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JACK GOLDBERGER, ESQ. ROY BLACK, Esq. JUNE 27, 2008 PAGE 2 OF 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness’s appearance because he “understand[s] that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed” and that he has “learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning.” I also understand that there is an entry on Judge McSorley’s docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of the Non-Prosecution Agreement that the United States shall have the right to review the terms of any agreements between Epstein and the State Attorney’s Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney’s Office must be provided to the Office by 4:30 today to allow adequate time to review and comment. Failure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I again ask that you provide me with a copy of the Plea Agreement with the State Attorney’s Office and notification of the date and time of the change of plea. Thank you. Sincerely, R. Alexander Acosta United States Att By: Assistant United States Attorney cc: RR avsa EFTA00183526

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Dur + + BATCH + SEND LATER + STANDARD ASYNC MODE * #* * TRANSMISSION RESULT REPORT ( JUN.27.2288 3:39PM) * * x ~0@a@0 : CONFIDENTIAL + FORWARDING * DETAIL + MIL_STD MODE TTI USAO WPB FL TIME PAGE RESULT PERS. NAME FILE @’3s" P23 OK 324 P = POLLING M = MEMORY E: Eo > + REDUCTION Fo: FINE G-? RICOH-MG3/COMPATIBLE MODE EFTA00183527

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* # % TRANSMISSION RESULT REPORT ( JUN.27.20@8 3:38PM) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE # : BATCH C : CONFIDENTIAL P + POLLING M : MEMORY L : SEND LATER @ + FORWARDING E+: ECM > + REDUCTION S + STANDARD D: DETAIL Fo: FING A=: ASYNC MO 1-! MIL_STD MODE G-: RICOH-MG3/COMPATIBLE MODE | EFTA00183528

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Roy Black, Esq. DATE: June 27, 2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: FROM: [, Assistant v.s. Attorney PHONE NO. fs COMMENTS: EFTA00183529

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: June 27, 2008 FAX NO. # OF PAGES: 3 PHONE NO. RE: EPSTEIN _ TE EE. A ssistanc U.S. Attorney _ PHONE NO. FY FROM: COMMENTS: EFTA00183530

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Chloe AMCV e-mail to Black ard Gold hug EFTA00183531

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ma. a. (USAFLS) From: ment ram (USAFLS) Sent: uesday, June 24, 8 3:08 PM To: Roy BLACK Subject: RE: FW: Jeffrey Epstein Hi Roy -- Is this the best number to call? (305) 371-6421 -o--- Original Message----- From: Roy BLACK [mailto: Sent: Tuesday, June 24, 2008 3:02 PM ro: i, PN. (USArLS) Cc: jack goldberger Subject: Re: FW: Jeffrey Epstein ] Marie that is a good time. I also want to conference Jack Goldberger into the call. This will be a wrap up call. Roy . (USAFLS)" > 6/24/2008 12:23 PM >>> Dear Roy: Jeff Sloman contacted me and asked me to return your call regarding the Epstein matter. I am forwarding to you an e-mail that I sent to Jay Lefkowitz last night. Karen and I can call you at 3:30 to speak about your list of issues. If that time does not work, please let me know what times you are available. Thank you. Assistant U.S. —— — From: [GEN (saris) Sent: Monday, June 23, 2008 5:55 PM 1; I: 32y Lefkowitz 1 EFTA00183532

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: Subject: Jeffrey Epstein Dear Mr. Lefkowitz: I understand that the Deputy Attorney General has completed his review of the Epstein matter and has determined that federal prosecution of Mr. Epstein's case is appropriate. Accordingly, Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19th letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment. If you have any questions, please feel free to contact me at the number shown below. Assistant U.S. Attorney EFTA00183533

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a. a. (USAFLS) From: = a (USAFLS) Sent: uesday, June 24, 8 4:05 PM To: - a a - ee Ce: Subject: Jeffrey Epstein Agreement Dear Roy and Jack: I am just writing to re-state that it is the Government’s position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you, ant U.S. Attorney Tracking: EFTA00183534

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62/06 RM e-rmait » B (OLA Goldlogp- EFTA00183535

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mz. a. (USAFLS) From: — — (USAFLS) Sent: ursday, June 08 11:16 AM To: erger Ce: Subject: Jeffrey Epstein Dear Roy and Jack: I have been reviewing the deferred prosecution agreement and wanted to remind you that the agreement states: “Epstein shall provide to the U.S. Attorney’s Office copies of all proposed agreements with the State Attorney’s Office prior to entering into those agreements.” Please provide me with any proposed agreements at your earliest opportunity, and also please provide me with the date and time of the change of plea. Thank you. Assistant U.S. Attorney Tracking: EFTA00183536

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suman PID Y LEY A 30} EFTA00183537

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U.S. Department of Justice WITTE PP ria United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: August 15, 2008 Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier e-mail. Our communications with Mr. Black and later with Mr. Lefkowitz were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, the offer to make that modification is a nullity. Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. As you know, Judge had selected the Podhurst firm to serve as the attorney representative for the victims. Assuming that Mr. Josefsberg is still amenable to the appointment, we will provide him with the victim list so that he may begin his service. Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. EFTA00183538

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JAY P. LEFKOWITZ, Esq. ROY BLACK, Esq. AuGustT 15, 2008 PAGE 2 OF 2 Goldberger did not provide the state court with a true copy of the complete Agreement, and he should take steps to correct that error. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney ce: a. Chief, Northern Division EFTA00183539

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a. a. (USAFLS) From . (USAFLS) Sent 2:12 PM To: oy BLACK Ce: ) Subject: Response to your e-mail Dear Jay and Roy: Please see the attached. Thank you. osos15 Ltr to Lefkow... Tracking: EFTA00183540

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Recipient Roy BLACK a HE (saris) Sloman, Jeff (USAFLS) a HE (usarcs) Read Read: 8/15/2008 2:13 PM Read: 8/15/2008 2:24 PM EFTA00183541

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (S61) 820-8711 Facsimile: FY August 15, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier e-mail. Our communications with Mr. Black and later with Mr, Lefkowitz were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, we will now consider that modification to be a nullity. Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. In accordance with Paragraph 7B of the October Addendum, please provide me by Monday afternoon with a proposed written submission to the independent third-party who will select the attorney representative. Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. EFTA00183542 | | | | | } }

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JAY P. LEFKOWITZ, ESQ. Roy BLACK, Esq. AUGUST 15, 2008 PAGE 2 OF 2 Goldberger did not provide the state court with a true copy of the complete Agreement, and he should take steps to correct that error. Sincerely, R. Alexander Acosta Assistant United States Attorney ce: a. Chief, Northern Division EFTA00183543

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glI5[o& AMCU Camaid re Agyns EFTA00183544

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ma. a. (USAFLS) From: Damcescmeanl (USAFLS) Sent: ist 15, 8 11:17 AM : (USAFLS) Subject: ollow-up poin' We either have to do the October Agreement or the December Agreement, [ don’t think we can let them get away with doing neither. Two-thirds of the victims do not have any representation. The language of the agreement gives us the right to select the Special Master, and we should choose someone quickly. We then have to create a written submission, and we should give them a very short time frame to do so. If we keep their feet to the fire, this can be completed within a week. Assistant U.S. Attorney From: QR (usaris) Sen 008 11:12 AM (USAFLS) Subject: RE: Follow-up point Are we really proposing the Special Master? Is he still on board? | thought we had said that compliance with that was an impossibility given the passage of time? From: (USAFLS) Sent, Fri gust 15, 2008 11:08 AM (USAFLS) Subject: FW: Follow-up point Just received a response from Jay. I’m not sure what he means about talking “this morning,” since I haven't spoken to him today. I don’t believe that we should wait two weeks for them to confer. ‘They have the ability to confer over the telephone or to come and visit him (as reported in the Palm Beach Post). Here is my proposed response: Dear Jay: Thank you for your response. It is our position that Mr. Epstein accepted the December modification by his performance. If you prefer to return to the language of the October addendum, we have no objection, but, as you know, I have been ordered to produce the Non-Prosecution Agreement and I cannot wait two weeks to do 1 EFTA00183545

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so. Please advise me by noon on Monday in writing, preferably signed by your client, whether Mr. Epstein intends to perform according to the terms of the December modification or whether he elects to return to the October addendum, If Mr. Epstein elects to perform according to the terms of the October addendum, then please prepare a proposed written submission to the Special Master, in accordance with Paragraph 7B, for my review by Monday afternoon. The extensive delays of the past will no longer be tolerated, and the Office will insist upon a showing of good faith performance in the selection of the attorney representative and all other terms of the Agreement. Sincerely, Marie Assistant U.S. Attorney From: Jay Lefkowitz [mailto Sent: Fri August 15, 2008 10:53 AM To: |. (USAFLS) Cc: ; Roy BLACK; Martin Weinberg Subject: Re: Follow-up point Marie - thanks for responding to my email. You have narrowed down some of the implementation issues. As I told you this morning, we cannot accept your contention that Mr. Epstein is bound by an agreement he didn't sign as opposed to one he did sign, particularly in light of my written communications to your office dated December 21, 2007 and December 26, 2007. However, before we can make a determination whether to adopt the December language as you have now explained it, we need to confer with our client, which we will be able to do within the next two weeks, I look forward to speaking with you soon to resolve these issues. Jay From: i ES css. Sent: 08/14/2008 03:27 PM AST To: Jg <Owitz Ce: " >; "Roy BLACK" Subject: RE: Follow-up point Dear Jay: EFTA00183546

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The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr, Epstein’s and his attorneys’ actions affirming acceptance of the modification. Mr, Epstein’s acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: “Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney’s December 19"letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment.” As clearly stated in the December letter, only those “individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense” are the beneficiaries of the agreement. That is the } list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all “individuals whom [the United States] has identified as victims” are the beneficiaries, so | would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to name in an indictment. Again, as stated in the letter, the modification replaces paragraphs 7 and 8 of the Agreement, including paragraphs 7A through 7C that are included in the October Addendum. This means that Mr. Epstein’s waiver of “his right to contest damages up to an amount as agreed to between the identified individual and Epstein” will no longer exist, nor will Mr. Epstein’s obligation to pay for the victims’ counsel, Paragraphs 9 and 10 are still in effect. This includes the statement that there is no admission of civil or criminal liability, and that, “[e]xcept as to those individuals who elect to proceed EXCLUSIVELY under 18 USC § 2255, . ... Epstein’s signature [cannot] be construed as admissions or evidence of civil or criminal liability.” This addresses your question regarding exclusivity. I don’t think that Mr. Epstein has to make any constructive admissions of conviction. He only needs to admit that the 32 girls whose names I have provided to Mr. Goldberger are “victims” of an offense listed in 18 U.S.C. 2255. Please let me know if you have any additional questions, Thank you. Assistant U.S. Attorne From: Jay Lefkowitz [mailto; | Sent; Thursday, August 14. 2008 2:39 PM = Ce: Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things | don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. 2 EFTA00183547

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Finally, would paragraphs 8-10 of the September Agreement still be operative? | am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and | am open to understanding it that way. But! would like some clarity on these issues. Subject Follow-up point Thanks -- Jay v? + ° 08/14/2008 12:44 PM Hi Jay — 1 forgot to mention that I can no longer argue that the Court shouldn’t force us to produce the agreement because we have already provided the victims with the relevant portion when | now understand from you that I have NOT provided them with the relevant portion. Assistant U.S. Attorney TORT TH RHR RR HK RHEE EER ER ER ERR RH The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. REE E RR EEEEEEEEEEEEEREEEEEEEEEEEEEEEEEREREKHEHREEHEEH FI II IDIDIDIDIIDIIIDIDIIIISIIDIDIOIIIOIIIII III itt The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this 4 EFTA00183548

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communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. PR EEE EERE EERE EERE HEHEHE Tracking: EFTA00183549

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Recipient Read HE (saris) Sloman, Jeff (USAFLS) Read: 8/15/2008 11:17 AM a a HE (saris) EFTA00183550

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08/18/2008 17:40 FAX ’ KIRKLAND & ELLIS LLP AND ADILIAILE PAR TRE SHINS Citigroun Cantor 153 East 53rd Street day P, Lefkowitz, P.C Now York, Now York 10022-4611 To = mn ie (212) 4a6-an00 latkowlz@okirkland, com weew. Kirkland com Fucsunile: August 18, 2008 United States Attorney's Office Southern District of Morida 500 South Australian Avenue, Suite 400 West Palm Beach, Mlorida 33401 Re: Jeffrey cpstein Dear Marie: I write in response to your letter dated August 15, 2008 regarding the civil restitution portion of the Deferred Prosecution Agreement (the “Agreement’), ‘Thank you Jor conlirming our position that the December modification proposal is not part of the Agreement. As expressed by U.S. Adormey Acosta in his December 19, 2007 letter, the unorthodox use ofa civil restiution statute in a federal plea agreement, which resulted in state charges against Mr, Epstein, has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the 18 U.S.C, § 2255 aspects of the Agreement are carried out in a proper manner. it would be uscful to come to an agreement as lo the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr. Epstein fully intends to abide by the terms of the Agreement, and we hope you appreciate that our efforts to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Avreement are intended only to ensure that it is carried out fully and fairly. In an effort to avoid having cither party unintenGonally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. I would be extremely helpful to both sides to have an independent third party consider the Agreement and offer the final word on how certain clauses should be interpreted and satisfied. Because the government has already enlisted Judge = to select the attorney representative under the Agreement, we would be amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identified individuals will obtain restitution, | am providing you with our thoughts on three issues below, Chicagn Hong Kong London Los Angeles Munich San Francisco Washington, 0.6, EFTA00183553 002/003

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08/18/2008 17:40 FAX @ 003/003 KIRKLAND & ELLIS LLP Auvust 18. 2008 identified individuals, it will be appropriate to notify them, First. Lam concerned by your suggestion that you might want to inerease the number of individuals on the government's list. | had expected the number to have become smaller, because when we spoke prior to signing the agreement, you told me that the government already had a list, and we were informed thereatier that the September 24, 2007 list had been narrowed. Certainly. anyone who was not on the list prior to September 24, 2007 cannot permissibly be Page 2 Once we come to an agreement on the following and you provide a complete and final list of added to the list. | Second, we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement, the information contained in the notification should be limited to (1) the language provided in the } Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact information of the i selected attorney representative. We object to the inclusion of additional information about the investigation of Mr. Epstein, the terms of the Agreement other than paragraphs 7-10. and the | identity of other identified individuals. i Third, as you are aware. the Addendum requires that “the parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein’s Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. intra.” We will certainly cooperate with the government to dratt such a joint submission and would be pleased to submit draft language to you for such a joint submission. ! look forward to working with you to resolve these matters, [ believe we have a mutual interest in moving past all of these issues so that the civil restitution aspects of the Agreement can be fulfilled. Jou ( JP. Letkowils | Sincerely. | ce: a. Chief, Northern Division | | | EFTA00183554

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watt ee ree KIRKLAND & ELLIS LLP ANE ADHELEATEN PAE HICH SHI. Citigroup Center 163 East 531d Siroat Jay P. Latkowitz, P.C Now York, New York 10022-4611 To Cali Water Directly Facsunule lnfkowilz@Phorkland com (212) 446-4800 wow. kirkland com August 18, 2008 VIA FACSIM =. Office Southern District of Florida S00 South Australian Avenue. Suite $00 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Marie: 1 write in response (o your letter dated August 15, 2008 regarding the civil restitution portion of the Deferred Prosecution Agreement (the “Agreement’), ‘Thank you. for.contirming our position that the December modification proposal is not part of the Agreement. As expressed by ULS. Auorney Acosta in his December 19. 2007 letter, the unorthodox use of a civil restivution ‘statute in a federal plea agreement, which resulled in state charges against Mr. Epstcin. has Chicago caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the 18 U.S.C. $2255 aspects of the Agreement are carried out in a proper manner. it would be useful to come to an agreement us to the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr, Upstein fully intends to abide by the terms of the Agreement, and we hope you appreciate that our ¢fforts to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Agreement aré intended only to ensure that it is carried out fully and fairly. In an effort to avoid having cither party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. ht would he extremely helpful to both sides to have an independent third party consider the Agreement and offer the final word on how certain clauses should be interpreted and satisfied. Because the government has already enlisted Judge = to select the altomey representative under the Agreement, we would be amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identified individuals will obtain restintion. | am providing you with our thonghts on three issues below. Hong Kong London Los Angeles Munich San Francisco Waghingwn, D.C, EFTA00183555

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gy vvureee KIRKLAND & ELLIS LLP August 18. 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals, it will be appropriate to notify them. First. Lam concerned by your suggestion that you might want 10 increase the number of individuals on the govemment’s list. 1] had expected the number to haye become smaller, because when we spoke prior to signing the agreement, you told me that the government already had a list, and we were informed therealier that the September 24, 2007 list had been narrowed. Certainly, anyone who was not on the list prior to September 24. 2007 cannot permissibly be added to the list. Second, we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement, the information contained in the notification should be limited to (1) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact information of the selected attorney representative. We object to the inclusion of additional information about the investigation of Mr. Epstein, the terms of the Agreement other than paragraphs 7-10. and the identity of other identified individuals. Third, as you are aware. the Addendum requires that “the parties will jointly prepare a short written submission to the independent third-party regarding the role of the “attorney representative and regarding Epstein’s Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra.” We will certainly cooperste with the government to dratt such a joint submission and would be pleased to submit draft language to you for such a joint submission. t look forward to working with you to resolve these matters. [ believe we have a mutual interest in. maving past all of these issues so. that The civil restitution aspects of the Agreement cun be fulfilled. Sincerel 7 1 4 | is ce: a. Chief, Northern Division EFTA00183556

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wryvrrvee KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East S3rd Strect New York, Ne -4611 Phone Fax: ( 446-4900 Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND {S INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE z= AT: To: Company: Fax #: Direct #: BARRY iiavana United States Attorney’s Ollice pt | cc: Company: Direct #: Hea United States Atiorney’s Office Pe From: Date: . Pages wicover: te Direct #: Jay P. Letkowitlz August.18, 2008 3 fF Message: ; EFTA00183557

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KIRKLAND & ELLIS LLP AND ADHUIAILED PARTE RSEUPS Citigroup Cantor 153 East 53rd Street Jay P, Latkowilz, P.C. Now York, Now York 10022-4611 To Call Weiter Directly’ Facsunile: (212) 446-4800 (212) 446-4900 letkowilz@pkirkiand.com www. kukland com August 18, 2008 VIA FACSIM la Villatana United States Attorney's Office Southern District of Florida S00 South Australian Avenue. Suite 400 West Palm Beach, Mlorida 33401 Re: Jeffrey Epstein Dear Marie: I wrile in response to your letter dated August 15, 2008 regarding the civil restitution portion of the Deferred Prosecution Agreement (the “Agreement’), ‘Thank you Jor confirming our position that the December modification proposal is not part of the Agreement. As expressed by U.S. Adorney Acosta in his December | 9, 2007 letter, the unorthodox use of a civil restitution statute in a federal plea agreement, which resulted in stale charges upsunst Mr. Epstein, has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the 18 U.S.C. $2255 aspects of the Agreement are carried out in a proper manner, it would be uscful 10 come to an agreement as to the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr, Upstein fully intends to abide by the terms of the Agreement, and we hope you appreciate that our efforts to resolve any misunderstandings between Mr. Epstein and the government ubout the terms of the Agreement are intended only to ensure that it is carried out fully and fairly. In an effort to avoid having cither party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. I would be extremely helpful to both sides to have an independent third party consider the Agreement and offer the final word on how certain clauses should be interpreted and satisfied. Because the government has already enlisted Judge to select the attorney representative under the Agreement, we would be amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identified individuals will obtain restitution, | am providing you with our thoughts an three issues below. Chicagn Hong Kong London Los Angeles Munich San Francisco Washington, D.C, EFTA00183558

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wy vPereve KIRKLAND & ELLIS LLP August } 8, 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals, it will be appropriate to notify them, First. Lam concerned by your suggestion that you might want 10 increase the number of individuals on the govemment’s list. I had expected the number to have become smaller, because when we spoke prior to signing the agreement, you told me that the government already had a list, and we were informed therealler that the September 24, 2007 list had been narrowed. Certainly. anyone who was not on the list prior to September 24, 2007 cannot permissibly be added to the list. : Second. we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should be limited to (1) the language provided in the Agreement dealing with civil restitution (puragraphs 7-10) and (2) the contact information of the selected attorney representative. We object to the inclusion of additional information about the investigation of Mr, Epstein, the terms of the Agreement other than paragraphs 7-10. and the identity of other identified individuals. Third, as you are aware. the Addendum requires that “the parties will jointly prepare a short writtgo submission to the independent third-party regarding the cole of the attorney representative and regarding Epstein’s Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra.” We will certainly cooperate with the government to drat such a joint submission and would be pleased to submit draft language to you for such a joint submission. I look forward to working with you to resolve these matters. [ believe we have a mutual interest in moving past all of these issues so that the civil restitution aspects of lhe Agreement can be fulfilled. Sincerely, ‘f ct (i . Lelkowity ce: a. Chief. Northern Division EFTA00183559

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KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, 4611 Phone Fax Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE 7 ~ AT: To: Company: Fax #: , Direct #: United States Atlorney’s OlTice lnm Ha Company: Fax #: Direct #: United States Auiornev’s Office HH From: Date: Pages wicover: Fax #: Direct #: Jay P. Lefkowitz August 18, 2008 3 | | Pi | “Message. EFTA00183560

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Gisloy Let Kavita (tr ph ANCV EFTA00183561

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~ G(21lR AMeMfts to LeF kK. Blacke EFTA00183562

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: August 21, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier letter. The U.S. Attorney’s Office shares in your desire to implement all of the terms of the Non-Prosecution Agreement. As you are aware, the jointly-approved Special Master, Judge i. has already selected an attorney representative, Robert Josefsberg, who was accepted by both parties. The Office has conferred with Mr. Josefsberg, who has agreed to continue in that role. In October 2007, Mr. Josefsberg expended time, effort, and funds in preparing to serve as the attorney representative, and he will need a written confirmation from you that his future fees and expenses will be paid in accordance with the terms of the Non-Prosecution Agreement. Please provide me with a copy of that correspondence for my file. With that matter settled, I believe that the requirement for a joint written submission to the Special Master has been extinguished. Nonetheless, I have no objection to attempting to create a joint statement to assist Mr. Josefsberg in serving his duties. Regarding your suggestion that we ask Judge || to “offer the final word on how certain clauses should be interpreted and satisfied,” I believe that the Agreement speaks for itself. EFTA00183563

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JAY P, LEFKOWITZ, Esq. ROY BLACK, Esq. AuGust 21, 2008 PAGE 2 OF 2 Pursuant to the terms of the Agreement, following Mr. Epstein’s sentencing, the U.S. Attorney’s Office provided Mr. Epstein’s counsel with a list of the individuals whom it was prepared to name in an indictment as victims of an offense enumerated in 18 U.S.C. § 2255, and none of those names will be deleted. By his agreement, Mr. Epstein sought to resolve liability for all criminal activity known to the United States as of the time of his plea and sentencing, and he is responsible for damages to all victims of that criminal activity. Copies of the victim notifications will continue to be provided to counsel for Mr. Epstein. Please let me know whether I should continue to list Mr. Goldberger as the point of contact for the civil litigation. Regarding your suggestion on the content of the notification letters, I intend to use the same format that was used in the letters previously approved by Messrs. Goldberger and Tein, except that | will include the language from the September and October agreements. I have enclosed a draft herewith. Because I previously provided the victims with incorrect information—albeit with the approval of Mr. Epstein’s counsel-it is imperative that I correct the error promptly. Accordingly, if you have any substantive objections to the letter, please advise me by tomorrow afternoon. Sincerely, R, Alexander Acosta United States Attorney Assistant United States Attorney ce: a. Chief, Northern Division EFTA00183564

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§ U.S, Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: August 22, 2008 VIA FACSIMILE AND U.S. MAIL Michael E. Dutko, Esq. Bogenschutz & Dutko DR AFT 600 S. Andrews Ave, Suite 500 Fort Lauderdale, FL 33301-2802 Re: Jeffrey Epstein AMENDED NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Dutko: By virtue of this letter, the United States Attorney’s Office for the Southern District of Florida asks that you provide the following amended notice to your client, Some of the information contained in the July 20, 2008 letter to Ms. was inaccurate, so please advise her of the following changes. As you were previously advised, 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 1 5th 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, including the following: 1. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00183565

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MICHAEL E. DUTKO, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VicTiM [a AUGUST 22, 2008 PAGE 2 OF 3 Mr. Josefsberg will be contactin to determine if he may contact Ms. litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. Ms. | is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr, Josefsberg’s services will be provided at no cost to Ms. because Mr. Epstein is obligated to pay the costs and fees of the attorney-representative, Also, Mr. Epstein and his attorneys can only contact Ms. || via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. If Ms. | elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between Ms. P| and Mr. Epstein, so long as Ms. BE clecis to proceed exclusively under 18 U.S.C. § 2255, and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, Epstein’s agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. As stated above, Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, vs. and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255 to bear the costs of the attorney representative, shall cease. DRAFT ou within the next week to explain these terms and directly. If you would like to contact Mr. EFTA00183566

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MICHAEL E. DUTKO, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM a AUGUST 22, 2008 PAGE 3 OF 3 Josefsberg directly, he can be reached at 305 358-2800, If Ms. , | has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so long as the victim (and/or her attorney) reviews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. — would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature. As I stated in my earlier notification, 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, but we again thank you and your client for all of her assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT U.S. ATTORNEY ce: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00183567

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clezloe LePhonit2 [Hy tt AMCY EFTA00183568

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08/22/2008 17:08 FAX KIRKLAND & ELLIS LLP AND ATTIUATED PARTNERSEONS Citigroup Center 153 East S3rd Street New York, New York 10022-4611 Jay P lotkowitz, PC (BD +46-1800 To Call Writer Directly Facsamile 46-4970 www kirkland com t petkowilzdikwhtand Gon August 22, 2008 United States Attorney's Office Southern District of Florida 300 South Australian Avenue, Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein Deur a. 1 write this letter to correct certain misstatements made in your letter dated August 21, 2008. and the accompanying draft notification, First, you state that “Me. Josetsberg expended time, effort and funds in preparing to serve as attorney representative in October of 2007.° Neither 1. nor any other attorney on Mr. sicin’s defense team. was notified of this work by Mr. Josefsberg. Second. in the victim notification leter, no judge “has ordered that the United States™ make available a copy of the Non-Prosecution Agreement, Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleped “victims” and/or their atiorneys “request the opportunity to review the Agreement.” the USAO shall comply with the reguest so long as those individuals agree not to disclose the Non-Prosecution Agreement. ‘There is no court order requiring the government to provide the alleged “victims” with notice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting, paragraph of your notice is unnecessary in any event and should be excised Third. misstatements in your prior notification were not made “with the approval of Mr. Epstein’s counsel,” Fourth, we are concerned with your open-ended description of Mr. [pstein’s responsibilities regarding civil restitution. ‘The resolution of liability pursuant to 18 U.S.C. EFTA00183569 @ 002/003

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08/22/2008 17:08 FAX KIRKLAND & ELLIS LLP . is as stated in paragraphs 7 and 8 of the Agreement and the Addendum (o the Agreement. no more, uo less, Filth. while vou state, in your letter, that the USAO does not intend to delete any of the names on the list provided to Mr. Epstein’s counsel, you do not confirm that the prior list is linal and complete. ‘There can be no expansion of the list of individuals that yeu informed us had been memoritlized as of September 24, 2007 and disclosed to Mr, Epstein on June 30. 2008 (the date of sentence pursuant to the Agrcement’s disclosure requirements). Please confirm the exact mune and number of individuals the government plans on noulying as provided for under the Agreement. Sixth. based on express languave in prior communications from your Otfiee, we are in agreement that paragraphs 7 and 8 of the Agreement are in need of clarification and implementation. We will work with the attorney: representative in attempting to reach a fur resolution of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh, we have previously communicated our objections to the propriety of the allomey representative engaging in contested litigation, We again dispute the assertion that Mr. JoselSberg’s duties include Liling contested litigation. In any case, that issue is not ripe lor resolution at this point, but again, given his agreement to be the alturney representative. we will address these matters directly with Mr, Josefsberg. ce: a. Chie! Northern Division EFTA00183570 003/003

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08/22/2008 17:09 FAX 001/003 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, New York 1 2-4611 Phone; Fax Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND iS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE ‘i - IMMEDIATELY AT: “To: Company: re Fax #; Direct #: i United States Attorney's Office Po FY ce: Company: Fax #: Direct #: PY United States Attorney's Office FY | “From ~~*~“‘~*~*‘*«~Cts=S=SS*~=<C~*~“‘~*«i Sve: =S*~<Ct*é<ir OK HS:S*C*“‘C‘éUO tH: Jay P. Lefkowitz, August 22, 2008 3 | PY Message: ee EFTA00183571

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wy vveseew KIRKLAND & ELLIS LLP AND ATMIUIATED PARTNURSLOES. Citigroup Cantar 153 East 5310 Street - New York, Naw York 10022-4611 Jay P Lotkowits, PC Pe To Call Writer Directly Facsamuile H-14-1970 wow kirkland com Hz1Z) 446 4900 pletkowalz @kiektand com August 22, 2008 VIA FACSIMILE (561) 820-8777 a. . Office Southern District of Florida 300 South Australian Avenue, Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein Deur Maric: 1 write this letter to correct certain misstatements made in your letter dated August 2), 2008, and the accompanying draft notification. First, you state that “Mr. Josefsherg expended time, effort and funds in preparing to serve as attorney: representative in October of 2007." Neither 1. nor any other attorney on Mr. Epstein’s defense team. was notified of this work by Mr. Josetsberg. Sccond. in the victim notification leer, no judge “has ordered that the United States” make available a copy of the Non-Prosecution Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged “victims” and/or their attorneys “request the Opportunity to review the Agreement.” the USAO shall comply with the reguest so long as those individuals agree not to disclose the Non-Prosecution Agreement, ‘There is no court order requiring the government to provide the alleged “victims” with notice that the Nen-Prosecution Agreement is available to them upon request and doing so is in contlict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should be excised. Third. misstatements in your prior notification were not made “with the approval of Mr. Epstein’s counsel,” Fourth, we are concerned with your open-ended description of Mr, Epstcin’s responsibilities regarding civil restitution, ‘The resolution of liability pursuant to 18 ULS.C. EFTA00183572

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mae meg ee Ate a cee @ vussuuS KIRKLAND & ELLIS LLP August 22. 2008 | Pave 2 § 2255 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement, | no more. no less, | Filth, while vou state, in your letter, that the USAO does not intend to delete any of the names on the list provided to Mr. Epstein’s counsel, you do not confirm that the prior list is final and complete. There can be no expansion of the list of individuals that you informed us had been memorialized as of September 24, 2007 and disclosed to Mr. Epstein on June 30. 2008 (the date of sentence pursuant to the Agrcement’s disclosure requirements), Please confirm the exact mune and number of individuals the government plans on notifving as provided for under the Agreement. | Sixth, based on express language in prior communications from your Office. we are in agreement that paragraphs 7 and 8 of the Agreement are in need of clarification and | implementation, We will work with the attorney representative in atlempting to reach a fair | resolution of the outstanding civil matters i) a manner that is in accordance with the Agreement. i Seventh, we have previously communicated our objections to the propriety of the allorney representative engaging in contested litigation, We again dispute the assertion that Mr. Joselsberg’s dutics include Liling contested litigation. In any case, that issue is not ripe for | resolution at this point, but again, given his agreement to be the attorney representative. we will address these matters directly with Mr, Josefsberg. Sincgrely. 5a’. Lelkowilz ee a. Chiel. Northern Division EFTA00183573°

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wryyiseve KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, New York 10022-4611 Phone: Fax Please notify us immediately if any pages are not reccived. THE INFORMATION CONTAINED IN THIS COMMUNICATION 1S CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY = — AT: To: Company: Fax #: Direct #: | || United States Attorney's Office PY FY ce: Company: Fax #: Direct #: fs United States Attorney's Office fF | “From: ~—~*”:«C‘C ates SSSs*=~=<CS«é gs cover Fax #: Direct #: Jay P. Lelkowity August 22, 2008 3 | OY FY Message: EFTA00183574

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KIRKLAND & ELLIS LLP AND AITUATOD PARTNERSHIPS Crligroup Center 153 East S310 Sweet - New York, New York 10022-4611 Jay P lotkowitz, PC FY To Call Writer Directly Facsumile AAG-4970 weew kirkland com i212) 446-4900 jletkowalz@ikirktand corn August 22, 2008 VIA FACSIMILE (561) 820-8777 Southern District of Florida 300 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein I write this letter to correct certain misstatements made in your letter dated August 21, 2008, and the accompunying draft notification. First, you state that “Mr. Josefsberg expended time, effort and funds in preparing to serve as allorney representative in October of 2007.° Neither 1. nor any other attorney on Mr. Epstein’s defense team. was notified of this work by Mr. Josetsberp. Second. in the victim notification letter, no judge “has ordered that the United States” make available a copy of the Non-Prosccution. Agreement. Section (d) of the Order ta Compel Production and Protective Order provides that if any of the alleged “victims” and/or their Aflorneys “request the opportunity to review the Agreemem.” the USAO shall comply with the reguest so long as those individuals agree not to disclose the Non-Prosecution Agreement. ‘There is no court order requiring the government to provide the alleged “victims” with notice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the conlidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney represemative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should be excised. Third. misstatements in your prior notification were not made “with the approval of Mr. Epstein’s counsel,” Fourth, we are concerned with your open-ended description of Mr, Epstcin’s responsibilities regarding civil restitution, The resolution of liability pursuant to 18 U.S.C. EFTA00183575

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gvussuus KIRKLAND & ELLIS LLP August 22. ¢ Pave 2 § 2255 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more. uo less. Filth, while vou state, in your letter, that the USAO does not intend to delete any of the names on the list provided to Mr. Epstein’s counsel, you do not confirm that the prior list is final and complete, There can be no expansion of the list of individuals that you informed us had been memorialized as oF September 24, 2007 and disclosed to Mr. Epstein on Jung 30. 2008 (the date of sentence pursuant to the Agreenicnt’s disclosure requirements). Please confirm the exact mame and number of individuals the government plans on notifying as provided for under the Agreement. Sixth. based on express languave in prior communications from your Office. we are in agreement that’ paragraphs 7 and 8 of the Agrcement are in need of clarification and implementation, We will work with the attlomey representative in alempting to reach a fair resolution of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh, we have previously communicated our objections to the prepricty of the allorney representative engaging in contested litigation, We again dispute the assertion that Mr. Joselsberg’s dutics include filing contested litigation. In any case, that issue is not ripe tor resolution at this point, but again, given his agreement to be the altumney representative. we will address these matters directly with Mr, Josefsberg. Jav'P. Lelkowits ce: a. Chicl, Northern Division EFTA00183576

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KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, New York 10022-4611 Phone: Fax Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND 1S INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: To: Company: i United States Attorney's Office cc: Company: | United States Attorncy’s Office From: Date: Pages wicover: Jay P. Lefkowitz August 22, 2008 3 "Message: Fax #: Direct #: Fax #: Direct #: Fax #: Direct #: EFTA00183577

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Z(Vol OL AMCV Ltr to LeFKABick EFTA00183578

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-S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: August 26, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: — Jeffrey Epstein Dear Jay and Roy: Thank you for your letter of August 22nd. I write to follow up on some of the points that you raised. The list of thirty-two victims that was provided to Mr. Goldberger via certified mail on July 10, 2008 is the final list. As I mentioned, copies of the notification letters to each victim will be carbon-copied to an attorney for Mr. Epstein and Mr. Josefsberg. I asked you to advise me whether Mr. Goldberger should continue to be listed as the contact person for the civil litigation in the amended victim notification letters and whether he should receive the carbon copies of those letters as they are sent. 1 also asked you to provide me with written confirmation of your agreement to pay Mr. Josefsberg’s fees, Please provide that confirmation to Mr. Josefsberg so that he can begin his representation, and provide me with a copy for my file. I have conferred with the lead AUSA in the case of Jane Doe | and 2 I United States, EFTA00183579

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JAY P, LEFKOWITZ, ESQ. Roy BLACK, EsQ. AUGUST 26, 2008 PAGE 2 OF 2 and he agrees that, based upon the discussion with Judge Marra during the hearing on the plaintiffs’ motion, a notification of the judge’s ruling is required. I will, however, change the language slightly to direct the victims to discuss the matter with Mr. Josefsberg, With regard to your concerns with my “open-ended description of Mr. Epstein’s responsibilities regarding civil restitution,” | agree that the resolution of civil damages claims is as stated in paragraphs 7 and 8 of the Agreement and Addendum. That is why the language in the notification is taken verbatim from paragraphs 7, 8, and 7C of the Agreement and Addendum, except that the victim’s name is used in place of “identified individual.” As I mentioned in my earlier letter, ifyou have any proposed substantive changes, please provide them to me. Mr. Goldberger and Mr, Tein explicitly approved the language in my earlier victim notification letter, even though they apparently were taking the position that the December 19, 2007 letter was not part of the Agreement, so that misinformation was provided to the victims with the approval of Mr. Epstein’s attorneys. With regard to your sixth and seventh points, I reiterate that it is the Office’s position that the Agreement and Addendum speak for themselves. Let me also reiterate that, while the Office does not intend to involve itself in any civil negotiations or litigation, if it comes to our attention that Mr. Epstein has breached the terms of the Agreement, the Office intends to enforce its right pursuant to the Agreement. I would appreciate a prompt response to the question regarding which of Mr. Epstein’s attorneys should be named in and receive copies of the notification letters, as well as documentation of your commitment to paying Mr. Josefsberg’s fees so that I may begin distributing the revised victim notifications on Wednesday morning. Sincerely, R. Alexander Acosta United States Attorney, By: Assistant United States Attorney ce: a. Chief, Northern Division EFTA00183580

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9lz|0% Lefont} Liv Amey EFTA00183581

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wu wer eve KIRKLAND & ELLIS LLP AND AUTIUATED PARENLESEN Citigroup Cantar 153 East 53rd Stent Jay P. Lclkownz, P.C New York, New York 10022-4611 Facsimile: To Call Wier Direct) ¥ (i 446-4900 . (212) 446-4900 lotkowitz@kirkland com ~ www. kirkland.com September 2. 2008 VIA FACSIMILE United States Attorney's Office Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Marie: In response to your letter dated August 26, 2008, 1am confirming that Mr. Goldberger should continue to be listed as the contact person in the amended victim notification letters and should receive the carbon copies of those letters as they are sent. Also, we plan on speaking to Mr. Josefsberg this week to discuss a procedure for paying his fees. We intend to comply fully with the agreement and Mr. Epstein will pay Mr. Josfsberg's usual and customary hourly rates for his work pursuant to the agreement facilitating settlements under 2253. ; Sincerely, ; eng 7 Jax. Lefkowitz \ ae ce: ERR Chiel. Norther Division Jack Goldherger Roy Black Chicago Hong Kong London Los Angeles Munich San Francisco Washington, D.C. EFTA00183582

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wryyipvve sO KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East S3rd Street New York, New York 10022-4611 Phone Fax Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED. MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY - — AT: To Company: Fax #: Direct #: United States Attorney's Office FY fF cc: Company: Fax #: Direct #: FY United States Attorney's Office Jack Goldberger Atrerbury, Goldberger & Weiss Roy Black Black, Srebnick, Kornspan & Stumpf From: Date: Pages wicover; Fax #: Jay P. Lefkowitz September 2, 2008 2 PY ” Message: Please see attached. EFTA00183583

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V UTIL LeFAOW ITS We7 (0 1 PORTER. ke PEDAL, Nes EFTA00183584

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& U. $, 5. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELEC’ NIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Jay, Roy, and Jack: Facsimile: FY September 17, 2008 On today’s date, our Office received an inquiry from State Attorney Barry Krischer related to the Non-Prosecution Agreement. In accordance with the terms of that Agreement, I am notifying you of this development. State Attorney Krischer has been contacted by counsel for the Palm Beach Daily News asking why the Non-Prosecution Agreement is under seal in order to determine whether to file suit asking that it be unsealed. I have informed State Attorney Krischer that the Agreement contains a confidentiality clause requiring us to provide Mr. Epstein’s counsel with notice prior to making any disclosure (compulsory or otherwise). Since Mr. Epstein is a party to that criminal case, he has standing to contest any EFTA00183585

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JAY P. LEFKOWITZ, EsQ. ROY BLACK, Esq. JACK GOLDBERGER, ESQ. SEPTEMBER 17, 2008 PAGE 2 OF 2 unsealing, while we do not. Accordingly, I ask that you confer with Mr. Krischer regarding how you would like to proceed with the matter. I also want to reiterate the concern I raised in my letter of August 15, 2008, that the complete Non-Prosecution Agreement, which includes the October Addendum, has not been filed with the Court in accordance with the Judge’s order. Please advise that this issue has been resolved. Thank you for your attention to these matters, Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attorney ce: _ Barry Krischer, State Attorney a Chief, Northern Division EFTA00183586

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EFTA00183587

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: November 24, 2008 DELIVERY BY ELECTRONIC MAIL Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Roy: On Thursday I learned that Mr. Epstein applied for and was admitted to the Palm Beach County Sheriff's Office’s work release program and that he has been on work release for the past few weeks. For the following reasons, the Office believes that Mr. Epstein’s application to and participation in the work release program is a material breach of the Non- Prosecution Agreement. Accordingly, the United States demands that Mr. Epstein withdraw his application to participate in the program and complete his eighteen-month term of imprisonment in accordance with the Non-Prosecution Agreement. The Non-Prosecution Agreement provides that Epstein “shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and probation or community control in lieu of imprisonment.” I have more than a dozen e-mails between myself and Jay Lefkowitz discussing the U.S. Attorney’s insistence on eighteen months of incarceration. You will recall that at one meeting you and Ms. Sanchez raised the idea of Mr. Epstein hiring Sheriff's Deputies to guard him as equivalent to imprisonment. Mr. Acosta specifically rejected that suggestion. It is our understanding from the Sheriff's Office that Mr. Epstein is paying off-duty Sheriff's Deputies to guard him while he “works” at Mr. EFTA00183588

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ROY BLACK, Esq. NOVEMBER 24, 2008 PAGE 2 OF 4 Goldberger’s office building each day. As you remember, shortly before Mr. Epstein’s change of plea, Mr. Goldberger sent me a copy of the proposed plea agreement with the state. On June 27, 2008, I sent a letter containing the following language to you and Mr. Goldberger: The U.S. Attorney’s Office hereby provides Notice that the proposed sentencing provision does not comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). Asa special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility... The Non-Prosecution Agreement specifically provides: Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, . . . without probation or community control in lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney’s Office does not comply with the terms of the Non-Prosecution Agreement. To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinement twenty-four hours a day at the County Jail, and the judge must accept that recommendation. Community control must follow that term of incarceration. (Emphasis in original.) As I specified in that letter, the Non-Prosecution Agreement calls for “confinement twenty-four hours a day.” In response to that letter, Mr. Goldberger agreed that he would revise the state plea agreement to include the word “imprisonment” to make clear that Mr. Epstein would be incarcerated for the full eighteen months and would change the language of the state agreement to match the language of the federal agreement. Mr. Goldberger and I also discussed the situation and he made clear that Mr. Epstein would not be asking for or receiving work release and would remain in jail “around the clock.” In early August, PF and I raised the same issue with you when we heard EFTA00183589

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ROY BLACK, Esq. NOVEMBER 24, 2008 PAGE 3 OF 4 that Mr. Epstein was considering applying for work release. On August 6, 2008, Ms. Atkinson and I had a conference call with you wherein you again stated that Mr. Epstein would not apply for or receive work release and would spend his eighteen months incarcerated twenty-four hours a day at the Palm Beach County Stockade. In preparation for this letter, I obtained a certified copy of Mr. Epstein’s state court file. On June 30, 2008, on the procurement of minors charge, Judge Pucillo entered the following sentence: The defendant is hereby committed to the custody of the Sheriff of Palm Beach County, Florida for a term of 6 mos, It is further ordered that the Defendant shall be allowed a total of 1 days [sic] as credit for time incarcerated prior to imposition of this sentence. It is further ordered that the composite term of all sentences imposed for the counts specified in the order shall run consecutive to the following: Specific sentences: 2006CF9454A XX, ... the following provisions apply to the sentence imposed: . . . Followed by a period of 12 mos on community control 1 under the supervision of the Department of Corrections... . As I learned on Friday when I received the state court file, you neglected to inform our Office that, on July 21, 2008, Judge McSorley modified the judgment nunc pro tunc to an “Order of Community Control I.” This same language was the basis for the objection in my letter of June 26, 2008 and directly contradicts the language of the Non-Prosecution Agreement. | also note that, on the state plea agreement, Mr. Goldberger did not insert the word “imprisonment” as agreed prior to the change of plea, instead the words “jail sentence” are included. The Office’s Agreement not to prosecute Mr. Epstein was based upon its determination that eighteen months’ incarceration (i.e., confinement twenty-four hours a day) was sufficient to satisfy the federal interest in Mr. Epstein’s crimes. Accordingly, the U.S. Attorney’s Office hereby gives notice that Mr. Epstein has violated the Non-Prosecution Agreement by failing to remain incarcerated twenty-four hours a day for the eighteen-month EFTA00183590

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Roy BLACK, EsQ. NOVEMBER 24, 2008 PAGE 4 OF 4 term of imprisonment. The United States will exercise any and all rights it has under the Non-Prosecution Agreement unless Mr. Epstein immediately ceases and desists from his breach of this Agreement. Sincerely, R. Alexander Acosta United States Attorney Moi Mathn- By: Assistant United States Attorney ce: a. Chief, Northern Division EFTA00183591

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IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA i CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, vs. STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., . AND B.B., Respondents. SUPPLEMENTAL APPENDIX TO PALM BEACH NEWSPAPERS, INC., d/b/a THE PALM BEACH POST’S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LOCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3 Avenue, Suite 1500 Ft. Lauderdale, FL 33301 EFTA00183592

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Document voce Transcript of June 10, 2009 hearing ......:sceeceeereereeeeesesee sere Administrative Order No. 2.303-9/08 Of the Fifteenth Judicial Circuit ........cseseseererreeeerenerererre ee Administrative Order no. 2.032-10/06 Of the Fifteenth Judicial Circuit ........ccccceeeeerseernrrereeees eee John Doe i Museum of Science and History of Jacksonville, Case No. 92-32567, 1994 WL 741009 (Fla. 7th Jud. Cir. June 8, 1994) ..ceceesccessreeernererssseessnessseees® Government’s Response to Victim’s Emergency Petition for Enforcement of Crime Victim Rights Act, 18 U.S.C. § 377] evssessssssssesssssnnersnsessnnnnnsssnsnssereee Declaration of In Support of United State’s Response to Victim’s Emergency Petition for Enforcement of Crime Victim Rights Act, 18 U.S.C. § 3771 ceccsereeeeesreeee serene esse ee Defendants Jeffrey Epstein and FT Motion for Stay /...scsscseceseesssenseeesesensnessrsesen esses Florida Sugar Cane League, Inc. i. Florida Dept. of Environmental Regulation, Case No. 91-2108 (Fla. 2d Jud. Cir.), Order Releasing Public Records dated September 20, 1991 ....ceee EFTA00183593

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EFTA00183594

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09-ar784 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACE COUNTY, FLORIDA CRIMINAL DIVISION CASE NOS.: 2006-CF945¢ AXX and 2008-CF9381 AXX STATE OF FLORIDA, Plaintiff, JEFFREY EPSTEIN, Defendant. PROCEEDINGS HELD BEFORE THE HONORABLE JEFFREY J. COLBATH gone 10, 2009 11:08 A.M. - 12:25 A.M. PALM BEACH couNTY COURTHOUSE west PALM BEACH, FLORIDA Reported by Louanne Rawls Notary Public, State of Florida West Palm Beach Office #100578 EFTA00183595

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proceedings June 10, 2009 APPEARANCES: on behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE Atterbury, Goldberger, et al. 250 Australian Ave. south, Suite 1400 West Palm Beach, FL 33401 uu w vn F&F On behalf of the Defendant ROBERT CRITTON, JR., ESQUIRE Burman, Critton, et al. 515 N. Flagler Drive, ste. 400 West Palm Beach, FL 33401-4349 an on behalf of Third Party mm. WILLIAM J. BERGER, ESQUIRE BRADLEY J. EDWARDS, ESQUIRE Rothstein Rosenfeldt Adler 401 E. Las Olas Blvd., Suite 1650 Fort vpauderdale, FL 33394 on behalf of Third Party, The Post DEANNA SHULLMAN, ESQUIRE Thomas, LoCiero & Bralow, PL 101 N.E. 3rd Avenue Suite 1500 Fort Lauderdale, FL 33301-1181 EFTA00183596

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PROCEED inc és appearances os herein noted to-wit: worn .an wn ke record, announce everybody's appearance. 10 11 12 13 14 15 16 17 18 19 20 21 22 Bradley Edwards for non-party ma. Post. THE COURT: Let me slow down 4 Little bit. of The Post is? MS. SHULLMAN: Deanna shullman. THE COURT: S-H-U-L -- MS. SHULLMAN: §-H-U-L-L-M-A-N. THE COURT: Ne. Shuliman, good morning. Mr. good morning. And Mr. Berger, your client is B -~ ur. perceR: MMM.. yes: 23 . THE COURT: Anybody else here? 24 wR. EDWARDS: Brad Bdwards on penaite of MMM. «5 25 well, gudge. Thanks. Be I? REMEMBERED that the following proceedings were had and testimony adduced before the Honorable Jeffrey Colbath, at the Palm Beach County Courthouse, West Palm Beach, Florida beginning at the hour of 12:08 a.m. on June 10, 2009, with pHE COURT: State vs. Epstein. Let me have for the MR. BERGER! Your Honor, william J- Berger and MS. SHULLMAN: Your Honor, Deanna Shullman of Thomas, Lociero & Braliow for non-party The Palm Beach on behalf proceedings , June 10, 2009 Berger, EFTA00183597

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waornrav Pe wner ° er = Pr .) r w b S — uo — a re J] Pr ao [—J w© bt °o N eS N N No w iJ ‘— N uw proceedings THE COURT: MR. EDWARDS: THE COURT: MR. GOLDBERGER: gack Goldberger alon gJeftrey Epstein. THE COURT: intervene for the MR. BERGER: THE COURT: you this 5° that you can fill in the that I don't know and suggest what you t do. It eppears to agreement that wac amendment to the agreeme in the court's files under the punitive interveners wan peak at them. I don't see wher Last name is sp Bawards. B-D-W-A-R-D-S- Okay. It is the Post's and mm; Motion to purpose of unsealing records? Yes, sir. Here's what rt me that there wos some 49 procedures to seal the documents begin with. I don’ when I reviewed the file. So, I'm thin be appropriate and the burden might be ° t know but tcts not jump party. being the state and Mr. Ep opportunity to jump through the b documents if they are entitled to have them sealed, then ellied? por the other side, gq with Robert Critton © hink I know, alea and then an addendum or nt that was sealed as to documents seal and it appears as though ct to unseal those and take & e any of the proper was ever followed to etein, wr-- Your Honor, n behalf of gaps of what you know hink I ought to reement “~~ an ing out at me king that it might n the moving to give them the gune 10, 2009 and I tell to geal the EFTA00183598

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waorau Pe wne PR co r Pr i e w Pr > un re a Pr _ i oo — wo Nn o nN = nN wv Nn w N > N uw proceedings rll grant that request. rf they're not entitied to seal then r'1ll order it 48 documents unsealed. But that's kind of procedurally where I think the case is. ft will allow Me. Berger and Ms. Shuliman to argue if they wish to, otherwise r will go over to Mr- Goldberger and Mr. critton to perhaps taik about what they think about my suggestion. Mr. Berger? wR. BERGER: T “~ I'd like to hear what they sa@y- THE COURT: Ma. shulilman? mS. SHULLMAN® Agreed. Tue COURT: Mr. Goldberger? MR. GOLDBERGER: Your Honor ~~ THE COURT: t mean, it looks like they just handed up an Agreed order to sign. MR. GOLDBERGER! weil, 4£ the court -- I know the court is trying to short circuit here and the idea in theory is not norrible, it's not terrible, it's actually not 8° pad. But let me alert the court to 4 couple of issues. pirst of all, this is not something that came UP ahead of time where we were moving to close a hearing oF file documents under seal and the Rules of gudicial Administretion makes an important distinction between things that are done in advance and things that come Up during 4 nearing and the fact that maybe it goes to the Rule -7- talk about situations that arise during the course EFTA00183599 gune 10, 2009

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warwauw epwnePe proceedings of a nearing, that the Rules would not apply to chat. Secondly, MMs mocion to Intervene is prought under & Rule that does not apply because she brought it under @ Rule that applies to non-criminal cases. Having said that i know the court's desire to get to the issues here and I just need to alert the court to one other matter pecause I think it's really important. The Plaintift's, mm... has thie agreement already. They have this agreement. counsel will tell you they nave this agreement. There have been two hearings in front of guage Marra who has the Federal so here. They moved to ungeal the non-prosecution agreement in front of Judge Marra. He entered an initial Order, & very, Very well reasoned order which I have a copy for the court. THE COURT: oh, thanks. MR. GOLDBERGER: He entered 6 wery, very well reasoned order weighing the interest of the Plaintifts to have access to the non-prosecution agreement with the confidentiality that the parties intended to be part of this agreement. And what ne aid, he goid they can have this agreement. They can review it all they want. If they want to review it with somebody else, they need to give them a copy of this order that it is not to be disclosed to anyone else. subsequent to that -- 60° that's the Rule that's in place right now. subsequent to that the EFTA00183600

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arauwe wnre ow proceedings plaintiffs went back and said we want to disseminate this order. We want to disseminate this agreement to other parties and gudge Marra entered a second order denying that request and eaid, no. My Order ics in place put if you have some compelling re gon why you want this agreement to be disseminated Co others, file & motion and come pack to me. ; THE COURT: This is a5 & result of some civil litigation pending in the pederal courthouse? MR. GOLDBERGER: Yes. pHE COURT: As opposed to any criminal prosecution going on? MR. GOLDBERGER: tt is civil proceedings that are going on in Federal Court. But in the interest of comedy, Your Honor. the Court has ruled on the confidentislity agreement and has put & weil reasoned procedure into place. If the parties want that agreement unsealed where they need to go is go back to Federal court and Judge Marra invited them to do 80. THE COURT: That may be ae it pertains co a, but what about The Post? MR. GOLDBEBRGER: Tf think -- and I think I know where the Court is going on this. If The Post's position is the public has right to acc ~~ access to this then there is @ procedure in place and ultimately the court has to conduct EFTA00183601 gune 10, 2009

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oa au wndr r ow Pr = re N Pr w RP i i uw i a Pr ~ Pr o r wo N °o iS) = Nv N N w NS > N uo proceedings as hearing and do the palancing test where you look at whether there is some compeliing government interest and that's going to require an evidentiary hearing. 80 = have no great objection to filing the Request for Closure and then have & hearing in front of the court. THE COURT: Well, let's @o -- I'm thinking out loud. I'm not ruling. f will give you all a chance to argue further, put this is what I'p thinking f will do, grant the Motion tO intervene. It gives standing to a. rt gives standing to The Post to contest the face that these were sealed. and then I will shift the burden back on the state and pefendant, Mr- Epstein, to petition the Court to geal these documents. until such time that I rule on that I will leave them under seal because they might nave been correctly sealed but the procedure wasn't followed. ghere's got to be notice. You've got to comply with the administrative order 2.303. rou've got to comply with the Rule of Judicial Administration 2.420(4)- = think even though that's & civil -- it addresses 4 civil matter this ia, you know, in the nature of a civil procedure. so, rth ao that. And thank you for theese Orders. so, where do we go from here? I'm thinking out loud, not ruling. Mr. Berger? MR. BERGER: _dudge, with all due respect rt completely disagree with counsel's characterization of EFTA00183602 gune 10, 2009

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wornrau Pe wne re o r er = N Pr Ww e — Pr w P a Pr ~ Pr oe = wo nN o Nn = N N N w nN = is] uw Proceedings those two you? argume Orders. THE COURT: MR. you they say- THE COURT: BERGER: THE COURT: nt MR. BERGER: THE COURT: -- I think the Cour seal. MR. BERGER: Court immediately, supre™ Rule that W traveling und applies to crim Administrative or e court has placed incred Tt z till read them ~~ expeditiously- e are traveling under @er of this Court that was in place when the sealing was don that the Court not delay thi THE COURT: BERGER: THE COURT: I Y don't know if he panded up both to do. They simply do not say what he tells All right. - and r'il allow ana -- and -~ - at the time of the Renewed Motion to All right. and, er a Rule of Judicial Administration that inal and civil cases, we're applying to an e and that superseded the sealing. tim just saying, ou'tve got the agreements. t needs to deal with this Phis is a matter that the iple scrutiny over. And the ~- we're not only s one minute. gune 10, 2009 you to make that also, I don't think the I respectfully request EFTA00183603

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wow an & wner e o = = p nN rp w Pr rs i ow e a e = b o Rr we N o N = NN wd is] > N uw proceedings gune 10, 2009 10 MR. BERGER: Pardon ne? que COURT: You've got the agreements anyway- You've got what's under seal. MR. BERGER: Judge, we cannot do anything with them. THE COURT: Take that up with Judge Marra. MR. BERGER: No, sir. That is not what the order says. May 7 quote guage Marra. "If @ specific tangible need arises in a civil case the relief should be sought in that case.* In other words, the civil cases which are in front of guage Hafele is one forum that gudge Marra seid go to it. Judge Marra aid not say that this Court does not have jurisdiction to uneeal its own sealed records oF to vacate its own order sealing. And any characterization is -- is false. THE COURT: ‘ll take 6 look at it ana I'11 draw trom it what it says -- wheat ft think it says. Tf appreciate your zealous representation ef your client. Please, it appears as though you're yelling at me. MS, SHULLMAN: your Honor? THE COURT: Me. Shuliman? MR. BERGER: gudge, this happens to be a very serious matter and every day of delay delays our discovery. THE COURT: Ms- sShuliman? MS. SHULLMAN: Your Honor, if I may be neard on the EFTA00183604

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June 10, 2009 11 1 issue as well. As 4 representative of the public's right 2 of access ~~ 3 THE COURT: Right. 4 ms. SHULLMAN: =~ here essentially, 1 would agree 5 with Mr. Berger that we need an immediate nearing on this 6 issue, That's what we're here to do today. T think 1 heard 7 your Honor 6ay that he's not clear that the procedures 8 were applied. My review of the record does not reveal that 9 the procedures were complied with. My review ie similar to 10 Your Monor's. Tt leoks like sort of everybody approached 11 the bench and guage Pucillo said let's take it under seal. 12 Ie mr. Epstein's counsel is not prepared to go forward 13 today end meet his burden, then I would ask that thio 14 Court set & nearing a8 goon as practical because the right 15 solution here should be to unseal the records and then, 16 you know ~~ 17 qdHE couRT: i've gotcha. 18 MS. SHULLMAN: -- and they have to make 4 motion. 19 THE COURT: Well, what house is on fire? I mean, 20 what is the -~ i think what they have to do is they've got 21 to give tes days notice pursuant to the Rule -~ the 22 Administrative order, Rules of Judicial Administration, to 23 go through that process. what -- what prejudice ig there? 24 What house is burning aown if f gay okay. state and 25 defense, g° ahead and expeditiously move through the EFTA00183605

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proceedings gune 10, 2009 12 process and let's get this back on my docket as quickly as possible and give them until Priday to tile their notice and ten days after that we have an evidentiary nearing. I go through the process then. Wheat bad thing is going to happen by waiting these extra twelve CO fifteen Gays? MS. SHULLMAN: tne bad thing that's going to happen, your Honor, 18 that the status quo in Florida is that the constitutional right of access is openness. THE COURT: Right. us. SHULLMAN? you know, certainly if Your Honor is inclined to postpone this hearing 7 would ask that it be done expeditiously as you suggest. gun couRT: Yeoh. MS. SHULLMAN: You know, priday and then ten days thereafter, it just delays access for another two weeks and it infringes on our rights. THE COURT: I agree. Mr- Berger, © will let you answer thet same question. MR. BERGER: I don't think -- THE COURT: anything specific rather than ~~ MR. BERGER: Yes. gue COURT: You know, anything closed that the people are allowed to look at is @ transgression and any transgression igs bad, but anything unique beyond that? MR. BERGER: Your Honor -" Your Honor, I do not EFTA00183606

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warwauw e& wnr ow Proceedings June 10, 2009 13 believe thet this Court has the jurisdiction to revisit the propriety of the sealing of these records and give the Defendant oF the state, for that matter, 4 second bite at the apple. If the records are sealed improperly: which the Court has said on ite face that appears to have occurred, I do not believe that this Court has jurisdiction to allow them «6 second bite at the apple to go through with the notice requirements. They should have done that in front of gudge pucillo a year ago and they did not ado it. The Rule of gudicial Administration 2.420 simply does not give this Court the right to reactivate the procedure that you outlined. THE COURT: Okay. MR. BERGER: Thank you. THE COURT: Anything further, Mr. Goldberger oF Mr. critton? . MR. GOLDBERGER? gust note, Your Honor, as far a8 the timing of this and we want to do this expeditiously, of courses, this sealing occurred not Last week, not two weeks ago, not four months ago put eleven and one half months ago. The Post reported thie last duly- so, I understand the right for the pubic to have access and we want to do this 6s quickly 458 possible put there is no fire here. There is no house burning. HE COURT: Then I'll go ahead and enter an Order «8 EFTA00183607

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June 10, 2009 14 I've indicated, that is that r'iil grant the Intervener's Motion to Intervene. You have standing. 1 will order that the state and/or the defense by noon Friday file a Notice of -- comply with the administrative Order 2.303 and the gudicial Rule -~ the Rule of gudicial Administration 2.420, paragraph a, thet outlines the procedures to seal files in these types of cases and then we'll get 4 nearing scheduled for argument on whether or not they will be sealed. Until that time they will remain sealed because guage Pucille signed off on the Order and I'm not inclined to disturb that until I find more about the merits of the movant's position. MR. GOLDBERGER: Thank you. THE COURT: Anybody want to reduce any of that mess to a written Order? MR. BDWARDSt r'a like to Your Honor. 1°4 like to know if you're going to give us a hearing date today. THE COURT: r'il deal with that. Yeah. Let me give you some time. How much time do you think it's going to take? I don't think I'm going to have any surprises. How much time do you think we need? A half hour? MR. BDWARDS: Not more. r'd@ say an hour at the longest. que COURT: I'm not taking evidence or anything like that. In the meantime, do you agree it would be prudent EFTA00183608

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worau wner r oc Pp — i Nn w » > uw PPR ona mpNNN N nu PR uP WnNPR OC © Proceedings for me to take 4& look and see what the content of these things are 890 I can be articulate on what -- about? I didn't do that for today's nearing? MR. GOLDBERGER: The defense ~~ MR. BDWARDS: the non-prosecution agree THE COURT: Right. Whatever is under seal. it is that's under seal I'll take a look at 4t so that I can at least nave a feel for apparently what you all know and I don't. MR. GOLDBERGER: The defense has no objection. THE COURT: Okay- T'1ll go ahead and read those two sealed documents and I'll see you pack here, Mr. Goldberger and Mr. Critton get that done between now and Friday. Ten deys from this Pridey is the 22nd. about we do this on the 25th at 1:30? with me. MR. BERGER: Thank you. THE COURT: All right. Great. Thank you 8° much. MR. GOLDBERGER: Thank you, Judge. (PROCEEDINGS CONCLUDED) their know Whatever assuming that MR. GOLDBERGER: one moment, Your Honor. that's fine June 10, 2009 How EFTA00183609

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gune 10, 2009 proceedings cERTIFE cATE 1 2 3 4 I, LOUANNE RAWLS, certify that I wae authorized to 5 and did digitally report the foregoing proceedings and that the 6 transcript is a true and complete record of my notes. 7 8 pated this 10th day of June, 2009. 9 8 11 mNNNNBNEBAGE PrPPR PYERRSwveiaswe YS EFTA00183610

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ace 10:8 ; 8:25 10:13 7:24 allow articulate circuit access 5:3 9:8 13:6 | 15:2 1:i,1 5:16 6:18 7:24 allowed assuming civil 11:2 12:8 12:23 15:12 7:8,13 8:19 2:15 13:22 | amendment Atterbury 12:19,21, 8:19,20 addendum 4:15 2:3 13:14 15:18 | 9:19 10:8,9 4:14 and/or Australian clear addresses 14:3 2:3 12:24 11:7 authorized bit client 16:4 3:21 10:17 ave close 2:3 5:20 Anybody Avenue closed 3:23 14:14 2:19 12:22 5:22 8:18 anyway AXX Closure 9:18 11:22 10:2 1:4,4 a:4 13:10 14:5 apparently a.m Colbath aAdministr..- 15:8 1:19,19 3:6 1:17 3:4 proceedings gune 10, 2009 1 arises character.-- 8:17 9:20 ——_————_ 11:22 14:4 : advance 5:23 ago 13:9,20,20 13:21 agree 11:4 12:17 14:25 8:25 complied 11:9 comply 8:16,17 14:4 CONCLUDED 7 11:24 13:24 Beach ____--—_——— 1:2,20,21,25 2:4,7 325-5 3:13 —_—_ c 3:1 16:1,1 case 15:21 7:2,5,16,17 1:4 5:3 10:8 | conduct 15:5 10:9 7:25 agreements 2:2,5,9,16 cases confident... 9:25 10:2 3:15.24 4:5 | 624,22 9:19 | 6:19 7:15 ahead believe 10:9 14:7 constitut..- 5:20 11:25 13:1,6 certainly 12:8 13:25 15:11 bench 12:10 content 41:11 certify 1531 Berger 16:4 contest 2:10 3:10,10 chance 8:10 3:20,21,22 | 8:7 copy EFTA00183611

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Proceedings June 10, 2009 6:14,23 correctly 8:15 counsel evidence 14:24 evidentiary 8:3 12:3 4 3:1 14:6 date 6:8 11:12 14:17 expeditio..- fire counsel's Dated 9;15 11:25 11:19 13:24 8:25 16:8 12:12 13:18 | First County 1:2,20 3:5 couple 5:18 course §:25 13:19 5:19 day 10:22 16:8 days 41:21 12:3,5 12:14 15:14 deal FL 2:4,7,14,21 Flagler 2:7 Florida court 9:14 14:18 1:2,6, 21,26 1:1 3:8,15 Deanna : ; $118,990 2:17 3:12,17 thede le Defendant $:9,12,13 4:13 2:25 a a3 Bee | esa | 2san 3:22.24 foregoing 7:8,11,14 3:24 4:2,2 rete, 20 41:25 14:3 14:16,22. 7 28 8:5 15:4,10 15:5 ee i2 9:3 |e eleven 5:24 8:10 ed . 9:24 10:22 . . 9:6,8,11,14 delays 13:20 false 9:14, 16,20 10:22 12:15 enter 9:22,24,25 | aenying 13:25 10:2,5,41 entered . 7:3 . . 11:19 12:9 $ : : . : 12:13,17,20 — Lait aa 12:22 13:1 Fn 1:11 3:8 4:6 | 15:8 front 13:5,6,11 8:25 4:23 8:12 fifteen 6:10,12 8:5 13:13,15,25 ‘ 4 Epstein's 12:5 10:10 13:8 14:14,18,24 | dtsctose 11:12 FIFTEENTH further 15:6,11,19 | 6:23 ESQUIRE a: 8:8 13:15 Courthouse discovery 2:2,6,10,11 | file 1:20 3:5 7:9 | 10:23 2:17 4:21 5:21 Court's disseminate | essentially 7:6 12:2 4:16 6:5 7:1,2 41:4 14:3 3:1 criminal disseminated . . ; et files gaps 1:3 7:12 7:6 2:3,6 4:16 14:7 4:11 9:19 distinction eve: filing give critton 5:22 . . wry Riecaxb 11:10 8:4 4:23 6:22 16,6 4: everybody's | #411 8:7 11:21 5:5 13:16 14:11 3:9 4:11 12:2 13:2 15:13 DIVISION ; ° : : EFTA00183612

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proceedings 13:10 14:17 | hear 5:22 6:7 5:19 6:5 grant 5:1 8:8 14:1 great 8:4 15:19 hour 3:6 14:21,22 house 11:19,24 g 4:17 2:10,11 3:10 Jack 2:2 4:5- Jeffrey 4:11,17 3:4 Hafele 10:10 2:14,21 leave 8:14 let's 8:6 11:11 12:1 litigation half 13:20 14:21 10:10,11,22 Lociero : improperly 41:11 13:9 | 2:18 3:13 heard . | 1334 14:10 15:20 longest 10:25 11:6 inclined Judicial 14:23 go hearing 12:11 14:10 1:1 5:21 look 5:5 7:18,18 §:20,24 6:1 incredible 8:18 9:18 8:1 10:15 8:22 10:11 8:1,3,5 9:16 . 41:22 13:10 | 12:23 15:2 11:12,23,25 | 11:5,14 indicated 14:5,5 15:7 12:4 13:7 12:3,11 14:1 looks 13:25 15:11 14:7,17 infringes 5:13 11:10 goes 15:3 12:16 Louanne 5:24 hearings initial 1:23, 16:4,11 going 6:10 6:12 7:12,14,23 HELD intended 8:3 12:4,6 1:16 6:19 14:17,19,20 Honor interest Goldberger 3:10,12 4:4 16:8 2:2,3 4:4,5 5:12 7:15 jurisdiction §:5,11,12 10:19,25 10:12 13:1,6 :5, 5:15 6:16 11:7 12:7 : 10:10,11 7:10,13,22 12:10,25,25 14:2 matter 13:15,17 13:17 14:16 | dnterveners kind 6:6 8:19 14:13 15:4 15:16 4:17 5:2 9:15 10:22 15:10,13,16 | Honorable tntervener's | know 13:3 15:20 1:17 3:4 14:1 4;10,11,12 mean good invited 4:20 5:15 5:13 11:19 3:20,21 7:19 6:5 7:22 gotcha issue 8:20 9:1 11:17 11:1, 6 11:16 13128 government 12:14, 8:2 — 14:47 15:2 3:20,21 motion 4:7 6:2 7:6 8:9 9:11 11:18 14:2 movant's 14:12 move EFTA00183613

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objection 11:23 8:4 15:10 P occurred 11:12 13:5,19 parties procedurally office 6:19 7:3,17 5:3 1:25 party procedure ____N___ doh 2:9,16 4:23 7:16,25 8:15 N 6:15 peak 8:20 13:11 2:7 3:1 okay 4:18 procedures name 4:3 11:24 pending 4:19 11:7,9 4:1 43:13 15:11 7:9 14:6 nature Olas people proceedings 8:20 2:13 1:16 3:3 need openness 7:13 15:21 6:6,22 7:18 2:8 16:5 10:8 11:5 opportunity process 14:21 4:24 11:23 12:1,4 needs opposed 9:14 7:11 non-criminal | order place 6:4 5:2,14 6:13 6:25 7:4,17 13:2 non-party 6:13,17,23 7:25 9:20 prosecution 3:11,13 7:2,3,4 placed non-prose.-++ 8:17 9:20 9:16 6:11,18 15:5 10:6,13 Plaintifft 11:22 13:25 | 1:8 14:2,4,10 Plaintiffs 14:15 6:17 7:1 Plaintiff's 6:7 Please 10:17 position 7:23 14:12 possible 12:2 13:23 Post 2:16 3:14,16 8:16 11:21 7:21 8:10 12:2 13:8 13:21 14:3 postpone N.E 12:11 2:19 Post's 4:7 7:23 practical 11:14 prejudice June 10, 2009 4 12:1 13:23 quo 12:7 quote 10:7 1:23 16:4,11 reactivate 13:11 read 9:6 19:11 really 11:15 13:2 13:4 reduce 14:14 relief 10:8 represent eee 10:17 represent..- 11:1 request EFTA00183614

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proceedings 9:23 require 8:3 13:8 respect 8:24 9:23 result 7:8 xeveal 11:8 11:9 reviewed 4:21 revisit 2:12 Rothstein 2:12 rule 5:25 6:3,4 6:24 8:13 8:18 9:17 9:18 11:21 13:10 14:5 14:5 ruled 7:15 Rules 5:21 6:1 5:1 7:4 8:4 requirements respectfully review 6:21,22 11:8 3:17,17,19 3:20 5:4,9 §:10 10:19 10:20,24,25 11:4,18 12:6,10,14 side 4:4 sign ste 2:7 Subsequent 6:24,25 suggest 4:12 12:12 suggestion 5:6 suite 2:3,13,20 superseded 9:21 supreme 9:16 surprises 14:20 §-H-U-L 3;:18° §-H-U-L-L.-+ 3:19 situations 5:25 slow 3:15 solution 10:3 12:11 14:6 15:6,7 sealed 4;14,15,25 T 16:1,1 8:11,15 11:15 10:12 13:4 take 14:9,9 4:17 10:5,15 15:12 41:11 14:20 sealing 15:1,7 9:21,21 talk 10:13 13:2 5:6,25 13:19 tangible second : 10:7 7:3 13:3,7 south tell secondly 2:3 4:10 6:9 6:2 specific tells 10:7 12:20 9:4 see 4:18 15:1,12 serious 10:22 set 11:14 shift spelled 4:1 standing 8:9,10 14:2 ten 11:21 12:3 42:14 15:14 terrible 5:17 4:23 8:12 41:24 13:3 5:16 14:3 shullman status thank 2:17 3:12,12 | 12:7 @:21 13:14 thanks dune 10, 2009 5 14:13 15:18 15:19,20 3:25 6:15 theory 5:17 things §:23,23 15:2 think 4:10,12 5:3 5:6 6:7 1:22,22 8:18 9:13 9:14 10:16 11:6,20 12:19 14:19 14:20,21 thinking 4:21 8:6,8 Thomas 2:18 3:13 time 5:20 8:13 9:11 14:9 14:19,19,21 timing transcript 16:6 transgres.-- 12:23,24 traveling 9:17,18 true 16:6 EFTA00183615

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Proceedings June 10, 2009 6 2:13 — —___—_—_——— 9:17,19 11:6 | 2.303 William 8:17 14:4 2:10 3:10 2.420 wish 13:10 14:6 5:4 2.420(d) words 8:18 10:9 2006-CF9454 written 1:4 14:15 2008-CF9381 1:4 x 2009 Yeah 1:18 3:6 12:13 14:18 16:8 2and 2:19 33301-1181 4:17 6:21,22 7:1,2,5,17 13:18,23 14:14 wasn't 12:15 13:20 weighing EFTA00183616

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oo scm ecu cums out OPED DEIN CTH IH MO YOR TAM WAL CSI FLORIDA CRIMINAL DIVISION STATE OF FLORIDA, Plaintiff, pnocero1Nos WELD SEFORE TRE WONORABLE JEFFREY J: COLBATH gue 10, 2009 12:08 A.M. = 12:25 AM, PALM BEACH count? COURTHOUSE wast PAIM BEACH, FLORIDA Reported by Lovanne Rawls Notary Public, State of Florida West Palm Beach office #100578 EFTA00183617

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PP PR 15 17 18 19 20 21 22 23 Proceedings dune 10, 2009 APPEARANCES : On behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE Atterbury. Goldberger, et al. 250 Australian Ave. South, Suite 1400 West Palm Beach, FL 33401 on behalf of the Defendant ROBERT CRITTON, JR., ESQUIRE Burman, Critton, et al. 515 N. Flagler prive, ste. 400 West Palm Beach, FL 33401-4349 on behalf of Third party MMM. wiLbIam J. BERGER, ESQUIRE BRADLEY J. EDWARDS, ESQUIRE Rothstein Rosenfeldt Adler 401 E. Las Olas Blvd., Suite 1650 Fort Lauderdale, FL 33394 on behalf of Third Party, The Post DEANNA SHULLMAN, ESQUIRE Thomas, Lociero & Bralow, PL 101 N.E. 3rd Avenue Suite 1500 Fort Lauderdale, FL 33301-1181 EFTA00183618

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Proceedings PROCEEDINGS BE IT REMEMBERED that the following proceedings vere had and testimony adduced before the Honorable Jeffrey Colbath, at the Palm Beach County Courthouse, West Palm Beach, Florida beginning . on dune 20, 2009, with appearances 43 herein noted to-wit: at the hour of 12:08 4. THE COURT: State v8. Epstein, Lat we have for the record, announce everybody's appearance. MR, BERGER: Your yonor, William J. Berger and Bradley Edwards for non- party a. SHULMAN: Your Honor, Deanna Shullman of Thomas, Lotiero & Bralow for non-party the Palm Beach Post. THE COURT: Lat me slow down a little bit. On behalf of The Post is? MS. SHULIMAN: Deanna Shollman. THE COURT: S-Hi-U- L- MS. SHULLMAN: 8-H-U-L-L-M-A-N. THE COURT: Ms. Shullman, good morning, Mr. Berger, good morning. and Mr, Berger, your client is EB- Wh. BERGER: a. yes. ‘Tue COURT: Anybody elve here? MR, EOWARDS: Brad Pdwards on benalf of My as well, Judge. Thanks. EFTA00183619 June 10, 2009

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— Proceedings June 10, 2009 ‘THE COURT; Last name is spelled? MR. OWARDS: Edwards. B-D- W-A-R-D-S. THE CouRT: Okay. MR. GOLDBERGER: For the other side, Your Honor, Jack Goldberger along with Robert Critton on behalf of Jeffrey Epstein. THE COURT; It is the Post's anal. \s Motion to Intervene for the purpose of ungealing records? we, BERGER: Yeo, sir. ‘THE COURT: Here's what I think I know, and I tell you this so that you can fill in sm gupe of what you hc chat don"t OY and uggent wat you enim F CUBE Ss It appears to me that there was some agreemont -- an agreement that wes sealed and then an addendum or amendment to the agreement that was sealed as to document® in the Court's files under seal and it appears as though the punitive interveners want to unseal those and take a peak at them. t don't see where any of the proper procedures to 68) the documents was ever followed to begin with, I don't know but it's not jusping out at me when I reviewed the file. So, I'm thinking that it might be appropriate and the burden might be on the moving party, being the State and Mr. Epstein, to give thea the opportunity to jump through the hur -- noopa to seal the documents Af they ere entitled Fo Nave them sealed, then EFTA00183620

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proceedings June 10, 2009 11 grant that request, If they're not entitled to seal then I'll order it as documents unsealed. But that's kind of procedurally where I think the case is. I will allow Mr. Berger and Ms. shuilman to argue if they wish tO, othervise I will go over to Mr. Goldberger and Mr. ceitton to perhaps talk about what they think about my suggestion: “er. Berger? mm. pencen: I -- I'd Like to hear what Ehey 90Y- THE COURT: Ma. Shallman? Ms. SHULLMAN: Agreed. THE COURT: Mr. Goldberger? MR. GOLDBERGER: Your Honor ~ {HE COURT: I moan, se locke ike Uhey just handed up an Agreed Order to FAI: MR. GOLDBERGER: vera, af tre court ~- row whe Couct 4# teyung to snore SAFE here and the idea in theory i# not horrible, it's not terrible, it's actually not 3° bad. But let me aiert the Court to a couple of issues. First of all, this ie not something that came vp ahead of ae nace ve ware moving to ojone x naarng or fine dommenk® SSGHe #0 and the Rules of Judicial Administration makes an important distinction between things that ne na ann et singe von cnn op orig» imaieg ant eb Ea AE SUAS goes to the Rule -- talk about situations that arise during the course EFTA00183621

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proceedings June 10, 2009 of a hearing, that the Rules would not apply to that. secondiy, Mil.+s Motion to Intervene is brought under a Rule that does not apply because she brought it under a Rule that applies to non-criminal cases. Having said that 1 know the Court's desire to get to the {ssues here and I just need to alert the Court to one other matter because I think its really important. The Plaintiff's, B.' has this agreement already. They have this agreement . counsel will tell you they have this agreement. ‘There have been two hearings in front of gudge Marra who has the Federal cases here. they moved to unseal the none prosecution agreement in front of Judge Marra. He entered an initial Order, 4 very, very veri reagoned order which T have a copy for Ene COUr* THE COURT: Oh, thanks. MR. GOLDBERGER: He entered a very, very well reasoned order weighing the interest of the Plaintiffs to have access to the non-prosecution agreement with the confidentiality that the parties intended to be part of this agreement. and what he did, he said they can nave this agreement . ‘They can review it all they want, If they want to review it with somebody else, they need. to give them & copy of this order that it is not to be disclosed to anyone else, Subsequent to that -- 9° that's the Rule that's in place right now. Subsequent to that the EFTA00183622

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proceedings June 10, 2009 plaintiffs went back and said we want to disseminate this order. We want to disseminate this agreement to other parties and Judge Marra entered a second Order and said, no. My Order is in place but $f agreement to be disseminated to others, file a motion and come back to ‘ue CouRT: This is as pederal Courthouse? MA, GOLDBERGER: Yee. ‘tHE COURT: As opposed ya. GOLDBERGER: It is in the interest of comedy, Your denying that request you have sone compelling reagon why you want &Di8 a result of some civil litigation pending in the to any criminal prosecution going on? civil proceedings that are going on in Federal Court. But Honor, the Court has ruled on the confidentiality agreement and has put 6 well reasoned procedure into place. If the parties want that rs cmseniedwece tiny need to go 18 go back to Pagan cvs al NIE US invited them to do #0. que COURT: That may be as it pertains FO WBE, but what about The Post? ve. coummom, 1 shine ~~ and Xeni Keor where com court AF GAAH OR m The Post's position is the public has right to acc =~ procedure An place and ultimately the Court haw to cond access to this then there is @ EFTA00183623

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— queen proceedings June 10, 2009 a hearing and do the balancing test where you look at whether there is some compelling government interest and that's going to require an evidentiary hearing. Sot have no great objection to filing the Request for Closure and then have 4 hearing in front of the Court. ‘THE COURT: Well, let's do -- I'm thinking out loud, I'm not ruling. T will give you all & chance to argue further, but this is what I'm thinking 1 will do, grant the motion to Intervene. It gives standing to mS. It gives standing to The Post to contest the fact that these were sealed. And then t will shift the burden back on the State and Defendant, Mr. Epstein, to petition the court to seal these documents. Until guch time that 1 rule on that T will leave them under seal because they might have been correctly sealed put the procedure wasn't followed. there's got to be notice. You've got to comply with the Adminiatrative order 2.303. You've got to comply with the Rule of Judicial administration 2.420(4). T think even though that's @ civil -- it addresses & civil matter this is, you know, in the nature of & civil procedure. So, I'll do that. And thank you for these Orders. So, where do we gO from here? I'm thinking out loud, not ruling. Mr. Berger? MR. BERGER: Judge, with all due respect 1 completely disagree with counsel's characterization of EFTA00183624

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—— proceedings June 10, 2009 mone two orders, ¥ don't Know Af he handed wp BONY CS you? THE COURT: I do. vm. nencen: thay simply do not way what ie eanie you OGY MY THE COURT: 1/11 read them -MR. BERGER: All right. ‘THE COURT and 1121 allow you to make that argument © wR, BERGER: And ~~ and ~ ‘THE COURT: _- at the tine of the Renewed Motion Eo Seal. MR, BERGER: All right. and, also, I don't think the court -- I think the Court needs to deal with this immediately, expeditiously- ‘This is a matter that the Supreme Court has placed incredible scrutiny over. and the Rule that we are traveling under =~ we're not only traveling under a Rule of gudicial administration that applies to criminal and civil cases, we're applying to an Administrative order of this court that was in place when the sealing was done and that superseded the sealing. ‘Tae COURT: I - wR. BERGER: I'm just saying, T respectfully request that the Court not delay this one minute. THE COURT: You've got the agreements. EFTA00183625

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Proceedings gune 10, 2009 MR, BERGER: Pardon me? ‘THE COURT: You've got the agreements anyway. You've got what's under seal. MR. BERGER: Judge, we cannot 69 anything with them, THE COURT: rake that up with Judge Marra. MR, BERGER: No, gir. That is not what the Order says. May T quote Judge Marra. “tt a specific tangible need arises in a civil case the relief should be sought in that case." in other words, the civil cages which are in front of Judge yiafele is one forum that Judge Marra said go to it. Judge Marre did not say that this Court does not have jurisdiction to unseal its own sealed records OF to vacate its own order sealing. and any characterization ig -- is false, ‘THe COURT: I'll take a look at it and 111 draw from it what it says ~~ what TI think it says. I appreciate your zealous representation of your client. Please, it sppearé ae though you're yelling at m™. EFTA00183626

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proceedings dune 10, 2009 iesve as well. As @ representative of the public's right of access ~ THE COURT; Right. MS, SHULIMAN: .- here essentially, 1 would agree with Mr. Berger that we need an immediate hearing on this issue That's what we're here to do today. 1 think I heard Your a eye he nes vce ant we OO not raven! that the procedures were complied with. My review as similar to Your Honor’s. 1% ran en mtn tn ee mid ON seal. If Mr. sree cues in ot peeare too» sera ints ws nk DS TT then I would ask that this Court got a hearing 46 soon as practical because the right solution ace anouid be to wnecan ene records and enemy YoU MY © ‘THE COURT: I've gotcha. Ms, SHULL: = and tray nave bo make a motion. THE COURT! Wels what house if of fire? I mean, sat in ve ~~ 1 think what they Baws to do # they've got to give ten days notice puravant to the Rule -~ the Administrative order, Rules of Judicial Administration, cn wan en etic se masts eA SS I say okay. State and defense, go ahead and expeditiously move through the EFTA00183627

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proceedings June 10, 2009 2 ocean and otis gat enis back on my docket a GOLLY SY nae give sen nis sn ote ts sce at tm tS" TN TO ee ne ane oh the ren tam, mas mg mg 48 ing STE by waiting these extra twelve to fifteen days? MS. SHULLMAN: the bad thing that's going to PAPpeny Your Honor, i# that the status quo in Florida ie that the constitutional right of access is openness. ‘THE COURT: Right. Mis. SNULLMA, Tou know, certainly if Your Wonor ie inclined to postpone this hearing I would ask that it be done expeditiously a¥ you suggest. ‘tHE COURT: Yeah. MS, SHULLMAN: You know, Friday and then ten day® thereafter, at just delays access for another two weeke and it infringes on our rights. EFTA00183628

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— proceedings June 10, 2009 pelieve that this Court has the jurisdiction to revisit the propriety of the sealing of these records and give the Defendant or the state, for that matter, a second bite at the apple. If the records are sealed improperly, which the Court has said on its face that appears to have occurred, I do not pelieve that this Court has jurisdiction to allow them 3 second bite at the apple to go through with the notice requirements. ‘They should have done that in front of Judge pucillo a year sgo and they did not éo it, The rule of gudicial piministration 2.420 simply does not give this Court the right to reactivate the procedure that you outlined. ‘THE COURT: Okay- ym, BERGER: Thank you. ‘THR COURT: Anything further, Mr. Goldberger or Mr. critton? MR. GOLDBERGER + Just note, Your Honor, as far 38 the timing of this and we want to do this expeditiously, of course, this sealing occurred not last week, not two weeks ago, not tour wonths ago but eleven and one half months ago. The Post reported this last duly, 5, t understand the right for the pubic to have access and we want to do this as quickly 4° possible put there is no fire here. There is no house burning. sun court: Thee '11 gp ahead and enter an Ones 28 EFTA00183629

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Proceedings June 10, 2009 I've indicated, that is that 1'22 grant the Intervener's Motion to Intervene. You have standing. I will order that the State and/or the defense by noon Friday file & Notice of ~~ comply with the Administrative order 2.303 and the Judicial Rule ~~ the Rule of Judicial administration 2.420, paragraph d, that outlines the procedures to seal files in these types of cases and then we'll get a hearing scheduled for argunent on vhether or fot they wil Pe sealed. Until that time they will aan aeniag veceone dusge Puciiio signed off on ce onies Wl I'm not inclined wR. EDWARDS: I'd Like to Your Honor, I'd like to know i€ you're going to give ws a hearing date today. THE COURT: z'11 deal with that. Yeah. Let me give seve van wr mh ean ye 8° ug to eae # aoe HAE EET aon, aurpeisee, Yow mach vine do you think we nea? ® MALE NST MR. EDWARDS: Wot more. I'd sa¥ an hour at the longest. THE COURT: I'm not taking evidence oF anything jike that. In the meantime, do you agree it would be prudent EFTA00183630

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Proceedings June 10, 2009 1 sec ue wo vata a 10k tnd ane wat tbe contnt of sham sigs vst 661 SE articulate on what -- their know about? I didn't do that for today's pearing? MR, GOLDBERGER: The defense ~ MR, EDWARDS: The non~prosecution agreement? ‘THE COURT: Right. whatever is under seal. Whatever it is that's under geal I'll take a look at it eo that T can at least have @ feel for apparently what you all know and I don't. MR, GOLDBERGER: The defense has no objection. ‘THE COURT: Okay. 1'1, go ahead and read those two sealed documents and I'11 see you back here, assuming that Mr- Goldberger and Mr. critton get that done between now and Priday. Ten days from this Friday is the 22nd. How about we do this on the 25th at 1:307 +R, GOLDBERGER: One moment, Your Honor. that's fine with mo, MR. BERGER: Thank you. que COURT: ALL right. Great. qnank you so much, HR, GOLDDERGER: hank you, Judge. (PROCEEDINGS CONCLUDED) EFTA00183631

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proceedings June 10, 2009 CERTIFICATE IT, LOUIE nawis, certify that I was authorized to and aid digitally report the foregoing proceedings and that the transcript is @ true and complete record of my notes. pated this 10th day of June, 2009. a EFTA00183632

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yr Proceedings June 10, 2009 A alert arises 4:9 5:4,7,8 character..-- acc 5:18 6:6 10:8 8:23,24 9:4 8:25 10:13 7:24 allow articulate 9:7,10,13 circuit access 5:3 9:8 13:6 15:2 9:23 10:1,4 1:1,1 5:16 6:18 7:24 allowed assuming 10:6,21 civil 11:2 12:8 42:23 15:12 11:5 12:17 7:8,13 8:19 12:15 13:22 amendment Atterbury 12:19,21,25 8:19,20 addendum 4:15 2:3 13:14 15:18 9:19 10:8,9 4:14 and/or Australian beyond clear addresses 14:3 2:3 12:24 11:7 8:19 announce authorized bit client adduced 3:9 16:4 3:15 3:21 10:17 3:4. answer Ave bite close Adler 12:18 2:3 13:3,7 5:20 2:12 An Avenue Blvd closed Administr.-- 3:23 14:14 2:19 2:13 12:22 5:22 8:18 anyway ax Brad Closure 9:18 11:22 10:2 1:4,4 3:24 8:4 13:10 14:5 apparently a.m Bradley Colbath Administr..-- 15:8 1:19,19 3:6 2:11 3:11 1:17 3:4 8:17 9:20 appearance Bralow come 11:22 14:4 3:9 B 2:18 3:13 5:23 7:6 advance appearances back brought comedy 5:23 2:1 3:7 7:1,6,18 6:2,3 7:14 ago appears 8:11 12:1 burden compelling 13:9,20,20 4:13,16 45: 12 4:22 8:11 7:5 8:2 13:21 10:18 13:5 bad 11:13 complete agree apple 5: 18 12:4, 6 Burman 16:6 41:4 12:17 13:4,7 12:24 2:6 completely 14:25 applied balancing burning 8:25 Agreed 11:8 8:1 11:24 13:24 complied li Beach 11 9 5:10 app : 14 es 49 1:2 ’ 19 20 c m 6 21 1 25 t ' P agreement : : co ‘ Y 4:13,14 apply 2:4,7 3:5,5 c 8:16,17 14:4 15 12 6:8 6:1,3 3:13 3:2 16:1,2 CONCLUDED 8 9 EFTA00183633

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Proceedings June 10, 2009 6:14,23 D 1:3 evidence find correctly d docket 14:24 14:11 8:15 3:114:6 12:1 evidentiary fine counsel date documents 8:3 12:3 15:16 6:8 11:12 14:17 4:15,19,25 tio... fire counsel's Dated 5:2,21 8:13 9:15 11:25 11:19 13:24 8:25 16:8 15:12 12:12 13:18 First County day draw extra 5:19 .1:2,20 3:5 40:22 16: 8 10:15 12:5 FL couple days Drive E-D-W-A-R.« 2:4,7,14,21 5:18 11:21 12:3,5 2:7 4:2 Flagler course 42:14 15: 14 due 27 5:25 13:19 deal 8:24 2:9 3:11,22 Florida Court 9: 14 14: 18 3:24 4:7 1:2,6,21,24 15 E 6:2,7 7:20 3:5 12:7 1:1 3:8 ‘ Deanna 20 3:18 z 8:9 followed 23 ’ 2:17 3:12 ’ 17 4:1 3 ' 2:13 3:1 4:19 8:15 7 1 10 ' Defendant , 11 3:21 16:1 13 1 F following 5:9 ’ 1:13 2:2 ' ' 5 5:15,16,18 ' Edwards Fr 3:3 8:12 13:3 6:6,14,15 defense 2:11 3:11,24 16:1 foregoing 7:8,11,14 11:25 14:3 3:24 4:2,2 face 16:5 7:15,18,20 15:4 14:16,22 13:5 Fort 10 7:23,25 8:5 ‘ 15:5 fact 2:14,21 delay 8:6,12 9:3 9:24 10:22 eleven 5:24 8:10 forum 9:6,8,11,14 delays 13:20 false 10:10 9:14,16,20 10:22 12:15 enter 10:14 forward 9:22,24,25 denying 13:25 far 11:12 10:2,5,11 entered 13:17 four 10:15,20,24 7:3 6:12,16 7:3 Federal 13 20 411:3,14,17 desire entitled 6:10 7:9 14 Frida EFTA00183634

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proceedings 13:10 14:17 14:18 gives 8:9, 10 go 5:5 7:18,18 8:22 10:11 12:12,23,25 12:4 13:7 13:25 15:11 goes 5:24 going 7:12,14,23 8:3 12:4,6 14:17,19,20 Goldberger 2:2,3 4:4,5 5:5,11,12 5:15 6:16 7:10,13,22 13:15,17 14:13 15:4 15:10,13,16 15:20 jood 3:20,21 gotcha 11:17 government B:2 grant 5:1 8:8 14:1 great 8:4 15:19 a Hafele 10:10 half 13:20 14:21 handed 5:13 9:1 happen 12:5,6 happens 10:21 hear 5:8 heard 10:25 11:6 hearing 5:20,24 6:2 8:1,3,5 41:5, 14 12:3,11 14:7, 17 15:3 hearings 6:10 HELD 1:16 Honor 3:10,12 4:4 5:12 7:15 10:19,25 11:7 12:7 12:10,25,25 13:17 14:16 15:16 Honorable 1:17 3:4 Honor's 11:10 hoops 4:24 horrible 5:17 hour 3:6 14:21,22 house 11:19,24 13:24 hur 4:24 idea 5:16 immediate 11:5 immediately 9:15 important 5:22 6:7 improperly 13:4 inclined 12:11 14:10 incredible 9:16, indicated 14:1 infringes 12:16 initial 6:12 intended 6:19 interest 6:17 7:14 8:2 Intervene 4:8 6:2 8:9 14:2 interveners 4:17 =ntervener's 14:1 invited 7:19 10:10,11,22 11:11 13:9 14:10 15:20 Judicial 4:1 6:21 8:18 9:18 41:22 13:10 14:5,5 guly 13:21 ip 4:24 jumping 4:20 June 1:18 3:6 16:8 jurisdiction 10:12 13:1,6 K kind 5:2 know 4:10,11,12 4:20 5:15 6:5 7:22 8:20 9:1 11:16 12:10 12:14,22 14:17 15:2 15:8 L Las 2:13 Lauderdale 2:14,21 leave 8:14 let's @:6 11:11 12:1 Litigation 7:9 little 3:15 June 10, 2009 LoCiero 2:18 3:13 longest 14:23 look 8:1 10:15 12:23 15:1 15:7 looks 5:13 11:10 Louanne 1:23 16:4,112 loud 8:6,22 M Marra 6:10,12 7:3 7:19 10:5,7 10:10,11 matter 6:6 8:19 9:15 10:22 13:3 mean §:13 11:19 meet 11:13 merits 14:11 mess 14:14 minute 9:24 moment 15:16 months 13:20,21 morning 3:20,21 motion 4:7 6:2 7:6 8:9 9:11 11:18 14:2 movant's 14:12 move EFTA00183635

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proceedings June 10, 2009 41:25 noved 6:11 noving 4,225:20 N Nn 2:7 3:2 name 4:1 nature 8:20 need 6:6,22 7:18 10:8 11:5 14:21 needs 9:14 non-criminal 6:4 non-party 3:11,13 non-prose. ++ 6:11,18 15:5 noon 14:3 nos 1:4 Notary 1:24 note 13:17 noted 3.7 notes 16:6 notice 8:16 12:21 12:2 13:8 14:3 N.E 2:19 objection 8:4 15:10 occurred 13:5,19 Office 4:25 Oh 6:15 okay 4:3 11:24 13:13 15:11 Olas 2:13 openness 12:8 opportunity 4:24 opposed 7:11 order 5:2,14 6:13 6:13,17,23 7:2,3,4 8:17 9:20 10:6,13 41:22 13:25 14:2,4,10 14:15 orders 8:21 9:1 ought 4:12 outlined 13:12 outlines 14:6 Palm 1:2,20,21,25 2:4,7 3:5.5 3:13 paragraph 14:6 Pardon 10:1 part 6:19 parties 6:19 7:3,17 party 2:9,16 4:23 peak 4:18 pending 7:9 le 12:23 pertains 7:20 petition 8:12 PL 2:18 place 6:25 7:4,17 7:25 9:20 placed 9:16 Plaintiff 1:8 Plaintiffs 6:17 7:1 plaintiff's 6:7 Please 10:17 position 7:23 14:12 possible 12:2 13:23 Post 2:16 3:14,16 7:21 8:10 13:21 postpone 12:11 Post's 4:7 7:23 practical 11:14 prejudice 11:23 prepared 11:12 procedurally 5:3 procedure 7:16,25 8:15 g:20 13:11 procedures 4:19 11:7,.9 14:6 proceedings 1:16 3:3 7:13 15:22 16:5 process 11:23 12:1,4 proper 4:18 propriety 13:2 prosecution 7:11 prudent 14:25 pubic 13:22 public 1:24 7:24 public's Li:l Pucillo 11:11 13:9 14:10 punitive 4:17 purpose 4:8 pursuant 11:21 put 7:16 Q question 12:18 quickly 12:1 13:23 quo 12:7 quote 10:7 R R 3:1 16:1 Rawls 1:23 16:4,11 reactivate 13:11 read 9:6 15:11 really 6.7 reason 7:5 reasoned 6:13,17 7:16 record 3:9 11:8 16:6 records 4:8 10:12 11:15 13:2 13:4 reduce 14:14 relief 10:8 remain 14:9 REMEMBERED 3:3 Renewed 9:11 report 16:5 reported 1:23 13:21 represent... 10:17 represent... 11:1 request EFTA00183636

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Proceedings trying 5 5:16 twelve 12:5 two 6:10 9:1 12:15 13:19 15:11 types 14:7 U ultimately 7:25 understand 13:22 unique 12:24 unseal 4:17 6:11 10:12 11:15 unsealed 5:2 7:17 unsealing 4:8 a vacate 10:13 vs 1:9 3:8 Ww waiting 12:5 want 4:17. 6:21,22 7:1,2,5,17 13:18,23 14:14 wasn't 8:15 week 13:19 weeks 12:15 13:20 weighing 6:17 went 7.1 west 1:21,25 2:4 2:73:5 we'll 14:7 we're 9:17,19 11:6 William 2:10 3:10 wish 5:4 words 10:9 written 14:15 xX Yeah 12:13 14:18 year 13:9 yelling 10:18 Zz zealous 10:17 #100578 1: 25 16: 11 1 1:30 15:15 10 1:18 3:6 10th 16:8 101 2:19 11:08 1:19 3:6 11:25 June 10, 2009 1:19 1400 515 2:3 27 1500 2:20 1650 2:13 2 2,303 8:17 14:4 2.420 13:10 14:6 2.420 (d) 8:18 2006-CF9454 1:4 2008-cF9381 1:4 2009 1:18 3:6 16:8 22nd 15:14 25th 15:15 250 2:3 3rd 2:19 33301-1181 2:21 33394 2:14 33401 2:4 33401-4349 2:7 400 2:7 401 2:13 EFTA00183637

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EFTA00183638

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IN THE CIRCUIT OCURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ADMINISTRATIVE ORDER NO. 2.303-9/08 IN RE: SEALING OF COURT HEARINGS AND RECORDS es The Florida constitution mandates that the public shall have access to court records, subject only to certain enumerated limitations which are restricted by operation of state law, federal law, or courtrule. Inre Amendments to Florida Rule of Judicial Admin, 2.420 — Sealing of Court Records, 954 So.2d 16 (Fla. 2007). The Rules of the Supreme Court strongly disfavor court records that are hidden from public scrutiny. The Florida Supreme Court recently adopted Interim Rule 2.420 of the Florida Rules of Judicial Administration which addresses the procedures for sealing noncriminal court records. In order to ensure that both criminal and noncriminal court records are sealed properly it is : NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is ORDERED as follows: 1. A request to make court records or a court hearing confidential in any type of case must be made by written motion. Parties cannot submit an agreed-upon order. The Motion must be captioned “Motion to Make Court Records Confidential” or “Motion to Make Court Hearing Confidential”. The Motion must identify with particularity the records or hearing to be made confidential and the grounds upon which it is based. The Motion must include a signed certification by the party making the request that the motion is being made in good faith and is supported by a sound factual and legal basis. z The records that are the subject of a Motion to Make Court Records Confidential will be treated as confidential pending resolution of the motion. The case number, docket number, or other identifying number of a case will remain public. Pseudonyms may be used as permitted by the court, Court records made confidential under this rule must be treated as confidential during any appellate proceeding in this Circuit. 3. A public hearing on any motion to seal a court record or court hearing will be held as soon as practicable but no less than ten (10) days prior to the notice being given to the public and the press and no later than 30 days after the filing of the motion. A party may seek to hold all or EFTA00183639

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a portion of the hearing on a Motion to Make Court Records Confidential in camera if necessary to protect any of the interests listed in Interim Rule of Judicial Administration 2.420(c)(9)(A). The moving party will be responsible for ensuring that a complete record of any hearing be created either by use of a court reporter or by any recording device that is provided as a matter of right by the court. A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing. The order granting the sealing request must contain as much detail as possible including the parties’ names or pseudonyms, whether the progress docket is to be confidential, the court records that are to be confidential and the names of persons who are permitted access. The order must contain specific findings that the degree, duration, and manner of confidentiality are no broader than necessary to protect the interests listed in Interim Rule of Judicial Administration 2.420(c)(9)(A). The order will not reveal the information that is to be made confidential. The order will direct whether the progress docket is to be sealed. If an order sealing a court file is silent as to whether the progress docket is to be sealed, the clerk shall seal the court file but maintain a public docket with no alternation of the parties’ names. In accordance with Interim Rule of Judicial Administration 2.420(c)(9) the Clerk shall NOT seal the case number, docket number, or any other identifying number of a case that is sealed by court order. The Court will direct the Clerk to post the order sealing the court file on the Clerk’s website as well as on the bulletin board located at the Main Courthouse within ten (10) days following the entry of the order and must remain posted in both locations for at least 30 days. A nonparty may file a written motion to vacate a sealing order in accordance with Florida Rule of Judicial Administration 2.420 (2007); Inre Amendments to Florida Rule of Judicial Admin, 2.420 — Sealing of Court Records, 954 So.2d 16 (Fla, 2007). A public hearing must be held on any contested motion to vacate a sealing order. The court, in its discretion, may hold a hearing on an uncontested motion. While challenge hearings must be open to the public, a party may seek to hold a portion or all of the hearing in camera if necessary to protect the interests listed in Interim Rule of Judicial Administration 2.420(c)(9)(A). The movant must ensure that a record of the hearing is made. The movant seeking to vacate an order bears the burden of showing that the order is unsound, If the identity of a party is to remain confidential, all applicable pleadings will be filed with the following designation on the front of the pleading: “Confidential Party — Court Service Requested”, The judicial assistant for the division in which the pleading is filed is responsible for providing such notice to the applicable parties. The judicial assistant is to provide such notice so as not to inadvertently reveal the identity of the confidential party. EFTA00183640

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10. ll. 12. 13. This administrative rule does NOT address the confidentiality of records admitted into evidence and it does NOT pertain to the statutory process for sealing or expunging criminal history records, Motions to Seal pleadings or court records filed in a criminal case must, however, comply with this Administrative Order. This administrative order also does NOT pertain to court records that are confidential pursuant to statute, rule or other legal authority. Ifa motion to seal is not made in good faith and is not supported by a sound legal and factual basis, the court may impose sanctions upon the movant. The Clerk of Court, or a deputy clerk, is hereby authorized to open any court file sealed by operation of law or court order for the purpose of filing documents pertinent to the particular file, as well as for microfilming or imaging files, and for preparing a record on appeal. The Clerk, or deputy clerk, shall reseal the file immediately upon completion of the task, with the date and time of the unsealing clearly marked on the outside of the file along with the initials of the deputy clerk. Inall matters except adoption and surrogacy cases, the Clerk of Court will make the contents of a sealed file available to adult parties and their attorneys of record. The contents of adoption and surrogacy files shall not be made available to any person absent a court order. DONE AND SIGNED in Chambers in West Palm Beach, Palm Beach County, Florida this: 2 day of September, 2008. supersedes admin. order 2,032 10/06 EFTA00183641

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EFTA00183642

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA ADMINISTRATIVE ORDER NO, 2.032 - 10/06* IN RE; SEALING COURT HEARINGS AND RECORDS / a eel WHEREAS all court proceedings are public events and a strong presumption of public access attaches to all proceedings and their records; and WHEREAS records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business are subject to public disclosure; und WHEREAS privacy rights of litigants may in certain circumstances require that court records or documents in the record should be sealed. NOW, THEREFORE, it is ORDERED that to balance the competing interests of litigants’ privacy interests and the public's right to access to court records, the following procedures are estublished for scaling court records: 1, When a Motion is received for the sealing of hearing or all or part of'a court record, the Court will direct a hearing be held on same. The Court will give notice of the hearing by posting same on the electronic bulletin board established by the Clerk of Court expressly for this . Unless otherwise ordered with @ reason given by the Court, notice should include enough disclosure to identify the case, the movant, the respondent, and a brict, generic description of the matters sealed or sought to be sealed. 2, ‘The Court will not sct # hearing less than ten (10) days prior to the notice being given to the public and the press. 3. Where prior notice to the public and press regarding the scaling of record is not practicable, the Court will address such Motion, and if granted, provide notice of any decision to seal on the Clerk's electronic bulletin board, Unless otherwise ordered with a reason given by the Court, notice should include enough disclosure to identify the case, the movant, the respondent, and a brief, generic description of the matters scaled or sought to be sealed. 4. Access to court proceedings and records may be restricted to protect the interests of litigants only after a showing that the following has been met: (i) the measure limiting or denying access, closure or sealing of records or both, ig necessary to prevent a serious and imminent threat to the administration of justice; EFTA00183643

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(ii) no less restrictive alternative measures are available which would mitigate the danger; and (ili) the measure being considered will in fact achieve the court's protective purpose, 5, The reasons supporting sealing the file must be stated with specificity in the order sealing the court record or hearing, The Case number should remain accessible on banner** regardless of whether the case has been sealed. DONE and ORDERED, in Chambers, ut West Palm Beach, Florida this 13" day of October, 2006. _____/S/__ Judge Kathleon J, Kroll, Chief Judge * supersedes: administrative order no. 2,032 - 7104 ** ‘The Court recognizes the present technology (as of October 10, 2006) used by the Clerk supports this, however it can not happen without a system modification which shall be completed by December 31. 2006. EFTA00183644

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EFTA00183645

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Westlaw, Not Reported in So.2d Page | Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla,Cir.Ct.)) c Florida Circuit Court, Seventh Judicial Circuit, Volusia County. JOHN DOE-! THROUGH JOHN DOE-4 and Par- ents of John Doe-1 through John Doc-4, Plaintiffs, MUSEUM OF SCIENCE AND HISTORY OF JACKSONVILLE, INC., Defendant. Nos, 92-32567-CI-Cl, Div. 32. June 8, 1994. William H. Ogle, Ormond Beach, FL. W. Douglas Childs, Jacksonville, FL. Jonathan D. Kaney Jr., Daytona Beach, FL. OPINION AND ORDER ON MOTION TO CLOSE TRIAL RICHARD B. ORFINGER, Circuit Judge. *{ THIS MATTER is before the Court on the plaintiffs’ motion to exclude the public from the tri- al of this case. Notice of hearing was given to rep- resentatives of the media as required by law. News- Journal Corporation, publisher of The News- Journal, filed a response and appeared in opposi- tion to the motion. Defendant took no position. According to the complaint, a man who worked at the local museum sexually abused the minor plaintiffs. He had first come into contact with three of the minors as they served as volunteers under his supervision. More than four years ago, the abuser was prosecuted and sentenced to prison. Since then the plaintiffs have settled suits for damages result- ing from this abuse against the Daytona Beach Mu- seum of Arts and Sciences, the Volusia County School Board, and the Florida Department of Health and Rehabilitative Services. As a previous employer of the abuser, plaintiffs allege this de- fendant failed to disclose information about the ab- user's record of sexual abuse when it received an inquiry related to his employment in this com- munity. Although so many persons have become familiar with the case that defendant has listed eighty-one potential fact witnesses, no victim has yet been identified in the media. Relying on a privacy interest in the facts relating to the sexual abuse, plaintiffs argue that closure is ne- cessary to prevent the substantial harm that likely would result from revelation, af these facts and identification as the victims. Thus the motion calls upon the court to decide whether a privacy in- terest in the facts relating to sexual abuse suffered by the minors provides a proper basis for closure of the trial of the minors’ suit for damages arising out of this abuse. For the reasons that follow, the court concludes that this is not a proper basis for closure and denies the motion. FNI. Previously, plaintiffs moved for an order restraining anyone, including the me- dia, from publishing information disclosed during the trial that would identify the minor victims. The court denied this mo- tion. See: Nebraska Press Association |} Stuart, 427 U.S. 539 (1976) and The Flor- ida Star | B.J.F., 491 U.S. 524 (1989). Whenever other interests compete with the public interest in open judicial proceedings, “[o)ur analys- is must begin with the proposition that all civil and criminal court proceedings are public events, re- cords of court proceedings are public records, and there is a strong presumption in favor of public ac- cess to such matters,” Sentinel Communications Co. | Watson, 615 So.2d 768, 770 (Fla. Sth DCA 1993) (citing Barron I Florida Freedom Newspapers, Inc., 531 So.2d 113 (Fla.1988)). This presumption rests on the most fundamental values of American government. © 2009 Thomson Reuters/West. No Claim to Orig. US Gov, Works. EFTA00183646 epee

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Not Reported in So.2d Page 2 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Cir.Ct.)) “(T]he people have a right to know what is done in their courts... [T]he greatest publicity to the acts of those holding positions of public trust, and the greatest freedom in the discussion of the proceed- ings of public tribunals that is consistent with truth and decency, are regarded as essential to the public welfare.” Barron, 531 So.2d at 116-7 (citing In ve Shortridge, 34 P. 227, 228-29 (Cal.1893) ). Open- ness in courts has a salutary effect on the propensity of witnesses to tell the truth and of judi- cial officers to perform their duties conscientiously. It informs persons affected by litigation of its effect upon them and fosters “respect for the law{,] intelli- gent acquaintance ... with the methods of govern- ment{, and] a strong confidence in judicial remedies .. which could never be inspired by a system of secrecy...” Id., (citing 6 WIGMORE, EVIDENCE § 1834 (Chadbourn rev.1976) ). These fundamental values come into play whenever the court is in ses- sion, and the presumption of openness applies in hard cases as well as easy cases. “The reason for openness is basic to our form of government.” Id. *2 This motion is opposed by various news organ- izations, but the presumption of openness is of lar- ger importance than the immediate interest of the press in the case of the moment. To be sure, the press has a cognizable interest in maintaining open courts “because its ability to gather news is directly impaired or curtailed” by restrictions on access, Moreover, the press is assigned a fiduciary role in enforcing public rights of access because the press “may be properly considered as a representative of the public {for] enforcement of public right of ac- cess.” Nevertheless, the values of openness in courts transcend the interests of the press because “[f|reedom of the press is not, and has never been a private property right granted to those who own the news media, It is a cherished and almost sacred right of each citizen to be informed about current events on a timely basis so each can exercise his discretion in determining the destiny and security of himself, other people, and the Nation.” State ex rel, Miami Herald Pub. Co. | McIntosh, 340 So.2d 904, 908 (Fla.1977). In serving the right of cach cit- izen to be informed, judicial openness, of which the press is an instrument, sustains public confidence in the judiciary and thus serves the ultimate value of popular sovereignty. This higher purpose of openness is not always ap- parent in the public scrutiny of the daily business of the courts. Depending on the definition of news- worthiness, it may be possible to dismiss as un- worthy much that transpires in civil courts. Here, it is easy to ask what public interest is served by sub- jecting these minor victims to the risk of public identification. However, Barron teaches that this is the wrong question because it overlooks the higher purpose of openness in the courts. In Barron, a case involving privacy concerns inher- ent in a divorce case, the court strongly reaffirmed the presumption that Florida civil courts are open. In dissent, Justice McDonald saw the question in case-specific terms. He would have closed the pro- ceeding because “the rights of the public to inform- ation contained in a domestic relations lawsuit is minimal, if existent at all.” 531 So.2d at 121. Impli- citly, this approach would have required the pro- ponent of openness to show 4 particular need to know facts of the specific case in order to gain ac- cess. The majority rejected this approach because it saw the conflicting interests in broader terms. “The parties seeking a dissolution of their marriage are not entitled to a private court proceeding just be- cause they are required to utilize the judicial sys- tem.” 531 So.2d at 119. A closure request implicates the integrity and cred- ibility of the judicial system itself and not just the immediate concerns of the parties, The balance to be struck is not between the people's need to know the particular facts of the case versus the parties’ need to keep these facts private but between the public interest in open courts versus the personal desire for a private forum. “Public trials are essen- tial to the judicial system's credibility in a free soci- ety.” Barron at 116, *3 Although the Florida Supreme Court holds that © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183647

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Not Reported in So.2d Page 3 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla,Cir.Ct.)) “the public and the press have a fundamental right of access to all judicial proceedings,” however, this right is not absolute. State ex rel. Miami Herald Pub. Co.[f. Mcintosh, 340 So.2d at 908-9. In Bar- ron, the court took the occasion to establish the standards upon which the presumption of openness may be overcome when necessary “to protect com- peting interests.” The court wrote a “definitive statement ... to assist judicial officers in this sensit- ive area.” 531 So.2d at 117-8. Barron establishes a strong presumption of open- ness for all court proceedings and records, places the burden on the proponent of closure, and grants standing to the public and media to challenge clos- ure orders. Before a court may enter any order of closure it must determine there are no reasonable alternatives to closure and must order the least re- strictive closure necessary to accomplish the pur- pose of closure. 531 So.2d at 118-9. A closure or- der should be “drawn with particularity and nar- rowly applied.” 531 So.2d at 117. Barron specifies an exclusive listing of those com- peting interests that may under appropriate circum- stances be sufficiently weighty to justify closure. Closure may be ordered “only when necessary” to serve one of six competing interests: (a) to comply with established public policy set forth in the constitution, statutes, rules, or case law; (b) to protect trade secrets; (c) to protect a compelling governmental interest [e.g., national security, confidential informants); (d) to obtain evidence to properly determine legal issues in a case; (c) to avoid substantial injury to innocent third parties [e.g., to protect young witnesses from of- fensive testimony; to protect children in a di- vorce]; or (f) to avoid substantial injury to @ party by disclos- ure of matters protected by a common law or pri- vacy right not generally inherent in the specific type of civil proceeding sought to be closed... At the outset, the proponent of closure must identi- fy one or more of such interests that is implicated in the proposed closure. Here it is not necessary to go beyond this first level of analysis because plaintiffs have not connected their motion to a valid interest that would justify closure. This motion poses a direct confrontation between the individual interest in privacy and the public in- terest in open courts, Because there is inherent in the case sensitive, intimate, and embarrassing private facts, plaintiffs seck to litigate their claim in a closed proceeding. They argue “{t}hat revelation of [the identities of the minor plaintiffs) has the po- tential to inflict substantial harm upon them [as] a matter of common sense.” There is no question there are strong reasons to keep private the facts surrounding the abuse prac- ticed on the minors by the now-imprisoned abuser, The question this court must decide, however, is whether these are reasons to secure the courtroom. The question is not whether to afford privacy to the plaintiffs but whether to afford plaintiffs a closed forum in which to disclose these facts. *4 Although there is no case directly on this point, the present question comes fully within the holding of Barron, which thoroughly considered the com- petition between the people's interest in public courts and the personal interest in private facts. In effect, Barron raised the question of the role to be assigned to privacy in a system of public courts, and the majority resolved the issue by granting a narrow role to privacy based on considerations re- lating to the legitimate expectations of privacy. In the Florida Supreme Court's well-developed pri- vacy jurisprudence, the fundamental basis of the right of privacy is a legitimate expectation of pri- vacy. Not every fact in every circumstance is private, and not every act of government violates © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183648

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Not Reported in So.2d Page 4 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Cir.Ct.)) the right to be let alone. The concept by which the court separates the appropriate from the inappropri- ate instance for invoking the privacy right is this expectation. Stall IJ. State, 570 So.2d 257, 261 (Fla.1990). In order to establish a right of privacy, the individual must establish that “a reasonable ex- pectation of privacy ... exist[s].” Winfield I Divi- sion of Pari-Mutuel Wagering, 477 So.2d 544, 547 (Fla.1985). A right of privacy cannot attach when there is no expectation of privacy. Under our historic tradition of public courts, what reasonable expectation of privacy could a litigant possibly entertain? Concur- ring in Barron, Justice Erhlich would have con- ceded the litigant no reasonable expectation of pri- vacy. He pointed out, “we have ... recognized that ‘{t]he potential for invasion of privacy is inherent in the litigation process.’ Rasmussen J. South Flor- ida Blood Service, 500 So.2d 533, 535 (Fla. 1987). While civil litigants may have a legitimate expecta- tion of privacy in pretrial depositions and interrog- atories which are not filed with the court (citations omitted), no such expectation exists in connection with civil proceedings and court files which histor- ically have been open to the public, See Forsberg I Housing Authority, 455 So.2d 373, 375 (Fla.1984) (Overton, J., concurring) (there is traditionally no expectation of privacy in court files).” 531 So.2d at 120, Justice Erhlich shows the conflict between pri- vacy and publicness. If the privacy interest were al- lowed unbounded scope, it would overcome the public nature of trials. Thus a system of public tri- als must insist that litigants abandon qualms about disclosure of private facts when they place them in contest in the court. Without rejecting this view entirely, the majority nevertheless identified a limited scope of privacy within civil litigation. “We find that, under appro- priate circumstances, the constitutional right of pri- vacy established in Florida by the adoption of art- icle I, section 23, could form a constitutional basis for closure under (e) or (f).” 531 So.2d at 118. The majority thus conceived of two instances in which a reasonable expectation of privacy might be found. *5 First, there is the privacy expectation of persons who are not parties to the case. Involuntary parti- cipants may have a reasonable claim of privacy. Thus under item (g), Barron recognizes that closure may be justified if the proponent carries the heavy burden of showing closure is necessary “to avoid substantial injury to innocent third parties [¢.g., to protect young witnesses from offensive testimony; to protect children in a divorce].” 531 So.2d at 118. Second, there is the more limited privacy expecta- tion of a party. Again, the doctrine of legitimate ex- pectation is applicable, Although a litigant has no right to expect privacy in matters involved in the case litigated in a public court, there may be mat- ters extrinsic to the case with respect to which a lit- igant has a reasonable privacy claim, Under Bar- ron's item (f), a proponent may be entitled to clos- ure if he or she carries the burden of showing that closure 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 118. Barron rules out closure based on privacy interests of parties in the subject matter of the case itself. In recognizing a peripheral role for the privacy claims of civil litigants, the majority held there can be no privacy interest in that which is inherent in the case. Because litigation in a public court system in- volves an inherent tendency to invade privacy, a lit- igant has no reasonable expectation of privacy in the subject matter of a case. This must be so if, as Barron soundly affirms, there is to be a system of open courts in Florida. Applying this standard in Barron, the court determ- ined the medical history in question should not be sealed because it was inherent in the case. “Although generally protected by one's privacy right, medical reports and history are no longer pro- tected when the medical condition becomes an in- tegral part of the civil proceeding, particularly © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183649

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Not Reported in So.2d Page 5 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.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 are the facts inherent in the plaintiffs’ case. Neverthe- Jess, 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 “(t]he 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 conducted, in public as a matter of Florida com- mon law. Under Fla.Stat., § 918.16, the court has a certain ability to clear the courtroom during testimony of a person under the age of {gyput 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. When the state prosecutes the 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 pers» the identity of the child is readily inferred. 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 cases like the Pesgent as open public trials in the name of the party. FN2, Bundy If State, 455 So.2d 330 (Fla.1984), cert. denied, 476 U.S. 1109 (1986). Miami Herald Publishing Co. I Lewis, 426 So.2d 1 (Fla.1982). Sce also Globe Newspaper Company Superior Court, 102 S.Ct. 2613 (1982) (Same under First Amendment). FN3. See Palm Beach Newspapers L 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. L Shearer, 5 Med.L.Rptr, 1272 (Fla, 2d DCA 1979) (Error to exclude press from courtroom while juvenile witness in sex crime testi- fics 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 If. 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 l 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

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Not Reported in So.2d Page 6 Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 741009 (Fla.Cir.Ct.)) of any person at the proceeding”) (emphasis supplied). FNS, See, e.g., Schmidtff. 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 kL. State, 568 So.2d 1014 (Fla. 3d DCA 1990) (Father prosec- uted for lewd and lascivious acts against minor daughter). FN6. See, c.g., Zordan I 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 ff. Depart- ment of Highway Safety and Motor Vehicles, 467 So.2d 748 (Fla. Ist 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 k 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 Freehauflf. School Board of Seminole County, 623 So.2d 761 (Fla. Sth 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 J. Metcalf, 543 So0.2d 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 (¢) of Barron. The plaintiffs assert that cach minor in this consol- 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 © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183651

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Not Reported in So.2d Page 7 Not Reported in So.2d, 1994 WL 74 1009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 (Cite as: 1994 WL 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 foram 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 same 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 L 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 Doe-! Through John Doe-4l}. Museum of Sci- ence and History of Jacksonville, Inc. Not Reported in So.2d, 1994 WL 741009 (Fla.Cir.Ct.), 22 Media L. Rep. 2497 END OF DOCUMENT © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. EFTA00183652

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EFTA00183653

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Case 9:08-cv-80736-KAM Document13 Entered on FLSD Docket 07/15/2008 Page 1 of 8 ~ ~ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA/JOHNSON FILED by IN RE: JANE DOE, JUL 09 2008 Petitioner, / GOVERNMENT’S RESPONSE TO VICTIM’S EMERGENCY PETITION FO ENT VI H Ny 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: 1, THER “C TPR : ” UNDER 18 Petitioner complains that she has been denied her rights under the Crime Victims Rights Act, 18 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 | of the petition. Second, while Epstein has been under federal investigation, he has not been charged in EFTA00183654 ie

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Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 2 of 8 _ ~ the Southern District of Florida. Title 18, U.S.C., Section 3771(b)(1) provides in pertinent part that, “[iJn 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 (Sth Cir. 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.” Id, at 395. In Dean, the government sought and obtained an ex parte 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 aright to confer. However, 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. Id, at 396. Dean 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 3771(a)(5)(“in the case”), words that arguably point in the opposite direction by -2- EFTA00183655

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Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 3 of 8 ~ ws 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.c., 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. Id. 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. il. THE GOVERNMENT HAS USED ITS BEST EFFORTS TO COMPLY WITH 18 U.S.C. § 3771 (a) The Epstein case was investigated initially by the Palm Beach Police Department in 2006. Exhibit A, Declaration of Assistant United States Attorney i im | q 2. Subsequently, the Palm Beach Police Department sought the assistance of the Federal Bureau of Investigation (FBI). Id. 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 la Id,, 43. Petitioner's counsel, Brad Edwards, Esq., currently represents ma. i. and i. The U.S. Attomey’s Office victim notification letter to ma. was provided by the FBI, and the letter to i. was hand-delivered by AUSA ni to her when she was interviewed in April 2007. FBI victim notification letters were mailed to mi. and i. on EFTA00183656

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Case 9:08-cv-80736-KAM Document 13 — = January 10, 2008, and tol. on May 30, 2008. nz Decl., 43. Throughout the investigation, aus and the FBI’s Victim-Witness Specialist had contact with Ha Decl., 94. Earlier in the investigation ll. was represented by James Eisenberg, Esq. Consequently, all contact with i. 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. Id., 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 EFTA00183657 Entered on FLSD Docket 07/15/2008 Page 40f8

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Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 5 of 8 —_ w 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., 48. 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

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Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 6 of 8 — ‘a 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 WB ceceives 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. WB dec, 4.10, AUSA a... the Palm Beach Police Department attempted to provide notification to victims in the short time that they had, Id. Although all known victims were not notified, AUSA HE cig call attorney Edwards to provide notice to his clients regarding the hearing. AUSA Ha i: 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. Id. 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. § 377 1(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. EFTA00183659

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Case 9:08-cv-80736-KAM Document 43. Entered on FLSD Docket 07/15/2008 Page 7 of 8 ~ ww Section 3771(d)(6) provides, in relevant part, that “{nJothing 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 18 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. I. THE NT’S DISCUSSIONS WITH AN Attorney Brad Edwards has advised the Government that he represents i. a. and | Victim letters were provided to all three individuals. The letters to || and | | were forwarded on January 10, 2008. Villafaiia Decl., 4 3. On May 28, 2008, i: status as a victim was confirmed when she was interviewed by federal agents. Id, The FBI Victim Witness specialist sent her a letter on May 30, 2008. Id. When the agreement was signed in September 2007, | | was openly hostile to a prosecution of Epstein, and | had refused to speak with federal investigators. Id.,47. 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. Id. In October 2007, | | was not represented by counsel. Id,, 8. She was given telephonic notice of the agreement, as were three other victims. Id, 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 Tim to advise that he represented a. and i. and requested a meeting. Id., 9. AUSA lim asked Mr. Edwards to send -7- EFTA00183660

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Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07/15/2008 Page 8 of 8 ~ ww to her any information that he wished her to consider. Nothing was provided. Id. AUSA HE 2!s0 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 wi wi. and | 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 Assistant U.S. Attorney Attorney for Respondent | HEREBY CERTIFY that a true and correct copy of the foregoing was sent via facsimile transmission and U.S. Mail, hit L day of July, 2008, to: Brad Edwards, Esq., The Law Offices of Brad Edwards & Associates, LLC, (954) 924-1530, 2028 Hill Street, Suite 202, Hollywood, Florida 33020. Assistant U.S. Attorney -8- EFTA00183661

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EFTA00183662

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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. / L T F IN SUPPORT O , Vv IM’ T FOR ENFOR NT RI VICTIM RIGHTS ACT, 18 U.S 7 1. nM do hereby declare that I am a member in good standing of the Bar of the State of Florida. 1 graduated from the University of California at Berkeley School of Law (Boalt i) 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. “ie EFTA00183663

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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, wa. wa. and a Your Affiant’s letter to wi was provided by the FBI. (Ex. 1). Your Affiant’s letter to i was hand-delivered by myself to | at the time that she was interviewed (Ex. 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. i: 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,” witha ine which of his clients is the purported victim. Accordingly, I will address facts related to ; ,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. 2Please note that the dates on the U.S. Attorney’s Office letters to ma 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- EFTA00183664

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Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/1 5/2008 Page 3 of 21 — — federal _ 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 Affiant had contact with r | and a Attorney Edwards’ other client, i 4 was represented by counsel and, accordingly, all contact with || 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- EFTA00183665

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Case 9:08-cv-80736-KAM Document14 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, | | was openly hostile to the prosecution of Epstein. The FBI attempted to interview i. 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 a. 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

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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 ma. had been notified of the terms of the agreement, but before Epstein performed his obligations, ma. 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 ma. and several other identified victims. Pro bono counsel was able to assist iif in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that ma. was dissatisfied with the resolution of the matter. 10. Inmid-June 2008, Attorney Edwards contacted your Affiant to inform me that he represented ma. and a. and asked to meet to provide me with information regarding Epstein, | 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. | understand that no contact with that office was made. Attorney Edwards had alluded to wa. so | advised him that, to my knowledge, a. was still represented by Attorney James Eisenberg. -5- EFTA00183667

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Case 9:08-cv-80736-KAM Document14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 —_ ww 1). | 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 i, and | 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 a. and wi. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to i. 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: prior statements to law enforcement, your Affiant could not in good faith include fi. asa 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

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Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 — Ne 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 foregoing is true and correct to the best of my knowledge and belief. Executed this on. _ day of July, 2008. -T- EFTA00183669

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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 "$00 South Australian Ave , Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile. June 7, 2007 DELIVERY BY HAND Miss Coma VaR Re: Crime Victims’ and Witnesses” 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 are: (1) 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 al 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 faimmess and with respect for the victim's dignity and privacy. tt Members of tne U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. Jf you have any concems in this regard, please fecl free to contact me at mi or Special Agent fromthe 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.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00183670

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Case 9:08-cv-80736-KAM Document14 Entered on FLSD Docket 07/15/2008 Page 9 of 21 we ww Miss CO VD JUNE 7, 2097 Pace 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 are a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent a myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violatathe law However, if you are contacted, you have the choice of speaking to that person or refusing to"do go.’ [f_you refuse and feel that you are being threatened or harassed, then please contact Special Agent P| 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 Assistant United States Attomey ce: Special Agent ce ty F.B.I. EFTA00183671

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Case 9:08-cv-80736-KAM Document14 Entered on FLSD Docket 07/15/2008 Nw’ . 4 U.S. Department of Justice United States Attorney Southern District of Florida $00 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820- Facsimile (nH August 11, 2006 DELIVERY BY HAND Mss a A Re: Crime Victims’ and Witnesses’ Rights Dear Miss M&S Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have « number of rights. Those rights are: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involviag 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. . tf 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 H | i are protected. If you have any concems in this regard, please feel free to contact me at mi or Special Agent from the Federal Burcau 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.ovc.gov. You can seek the advice of an attorney with respect to the rights, listed above and, if you believe that the rights set forth above are being violated, you have the right (o petition the Court for relief. EFTA00183672

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Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 11 of 21 ~~ — Miss To VS AuGusT } 1, 2006 PAGE 2 In addition to these nights, you are entitled to counseling and medical services, and | from intimidation and harassment. If the Court determines that you are a victim, you al entitled to restitution from the perpetrator, A list of counseling and medical service pro be provided to: you, if you so desire, If _ " mi ee is subjected to any inti.t harassment, please contact Special Agent r myself immediately. It is yx someone working on behalf of the targets of the investigation may contact you Such cur not violate the law. However, if you are contacted, you have the choice of speaking to il or refusing to do so. Ifyou nd feel that you are being threatened or harassed, tI": contact Special Agent = myself. You also are entitled to notification of upcoming case events. At this time, your es investigation. If anyone is charged in connection with the investigation, you will be nv’ Sincerely, R. Alexander Acosta States Attome By Assistant United States Attorncy cc: Special Agent me F.B.L EFTA00183673

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Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/1542008.. Page.42.0f 21 —_ —_ U.S. Department of Justice Federal Bureau of Investigation FBI - Wost Palm Beach Suite 500 505 South Flagler Drive West Paim Beach, FL 33401 Phone: (681) 833-7517 Fax: (561) 833-7970 January 10, 2008 Re: Case Number: Dear aaa GP ‘This case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any publlo court proceeding, or any parole proceeding, involving the crime or of sny 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 distict court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government In the case; (6) The right to full and timely restitution as provided In lew; (7) The right to proceedings free from unreasoneble delay; (8) The right to be treated with faimess and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting Untied States Attorney's Office to ensure you are accorded those fights. You may also seek the advice of a private attomey wih 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 ation about this matier or trom the VNS Ck Conte, onan , In addition, you may use the Call Center or Internet to usdate your contact information and/or change your decision about participation in the notification program, |f you update your information to include @ current email information to that add following Victim identification Num! . Personal Identification anytime you contact the Call Center and the first time you log on to VNS on the Internet, In addition, the first ime you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is WA EFTA00183674

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Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008°”* Page 13 Of 21 — a if you have additional questions which involve this matter, please contact the office listed above, When you call, please provide the file number located at the top of this fetter. Please remember, your participation in the notification part of this program is voluntary. in order to. continue to recelve notifications, it is your responsibility to keep your contact information current. Sincerely, Victim Specialist EFTA00183675

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Case 9:08-cv-80736-KAM Document 14. Entered on FLSD Docket 07H 52008>: Page 44of 21 . — —_ U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, Fl 33401 Phone: (561) 833-7517 Fax: (561) 833-7970 January 10, 2008 James Elsenberg One Cleariake Center Ste 704 Australian South West Palm Beach, Fi. 33401 Re: RE Dear James Elsanberg: You have requested to recelve notifications for > Rte, This case Is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, eccurate, and Umely 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 wouki be materially altered if the victim heard other testimony at that procaeding; (4) The right to be reasonably heard at any public proceeding in the disvict court involving release, plea, sentencing. of any parole proceeding; (5) The reasonable right to confer with the atlorney for the Government in the case; (6) The right to full and timely restitution as provided In law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with faimess and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or Indictment of an individual for the crime, and It will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights, You may also seek the advice of a private attorney with respect to 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 matier on the intemet at WWW.Natlfy.USDOJ.GOV or from the VNS Call Center al 1-866-D0J-4YOU (1-866-365- 4968) (TDD/TTY: 1-866-228-4618) (international: 1-502-213-2767). In addition, you may use the Cell Center or Intemet to update your contact information and/or change your decision about participation in the notification program, if you update your Information to Inciude a current emall address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) "1941741" end Personal Identification Number (PIN) ‘7760’ anytime you contact the Call Center and the first time you log on to VNS on the Intemet, In addition, the first time you access the VNS Internet site, you will be prompted fo enter your last name (or business name) as currently contained in VNS. The neme you should enter is Eisenberg. EFTA00183676

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Case 9:08-cv-80736-KAM BDocument 14 Entered on FLSD Docket 07745/28087>: Page 4h of 21 . — ‘ —s if you have additional questions which Involve this matter, please contact the office listed above, When you call, please provide the file number located at the top of this letler. Please remember, your participation in the notification part of this program Is voluntary. In order to continue to receive notifications, It is your responsibility to keep your contact information current, Sincerely, Victim Specialist EFTA00183677

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Case 9:08-cv-80736-KAM Document 44 Entered on FLSD Docket 07/4 57/206 — — wT > U.S. Department of Justice Feder! Bureau of Investigation FBI - West Palm Beach Sulte 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: (561) 833-7517 Fax: (661) 833-7970 May 30, 2008 ae... Ringe AALS Ccor a Your name was referred to the FBI's Victim Assistance Program as being @ 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 investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their fights under federal law. These rights include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS), VNS is designed to provide you with information regarding the status of your case. This case Is currently under Investigation. This can be @ 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, of 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 coun 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, plee, sentencing, or any parole proceeding; (5) The reasonable right to conter with the attorney for the Government in the case; (6) The right to full and timely restitution as provided In law; (7) The fight to proceedings free from unreasonable delay; (8) The right to be treated with faimess and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you ere accorded the rights described, Most of these rights pertain to events occurring after the srrest 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 s 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 crimina| justice system, You may obtain current information about this matter on the Internet at WWW. Notify. USDOJ.GOV or from the VNS Call Center at 1-866-D0J-4YOU (1-866-365- 4968) (TOD/TTY: 1-866-228-4619) (international: 1-602-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. sf you update your Information to include @ current email address, VNS will send information to thal address. You will need the following Victim Identification Number (VIN) '2074361' and Personal Identification Number (PIN) "4816" enytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is CY a_i —-—wrE__-_ EFTA00183678

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Case, 9:08-ev-807 36-KAM Document14 Entered on FLSD Docket 0746/20067-+ Page AT of 21 “ee — —_ you have additional questions which involve this matter, please contact the office feted above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current. Sincerely, Victim Specialist TOTAL P.@? EFTA00183679

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United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 | a Facsimile: July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 QE Street, Suite 202 Hollywood, Florida 33020. Re: re ein/ ; NOT ATI F ID IFIED VICTI 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, Cz, Waa. 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- 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 EFTA00183680

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Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 w — BRAD EDWARDS, ESQ NOTIFICATION OF IDENTIFIED VICTIM oe JULY 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein’s attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens ifany 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, Cummmmmgge WG is an individual whom the United States was prepared to name as a victim of an enumerated offense. ’ stows 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. the course of this examination and Richards for R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Please thank your client for all of her assistance during and express the heartfelt regards of myselfand Special Agents the health and well-being of Ms. Wal By: ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00183681

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Case 9:08-cv-80736-KAM Document 44. Entered on FLSD Docket 07/15/2008 Page 20 of 21 — _ noe aK U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-87, July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC — Street, Suite 202 Hollywood, Florida 33020. Re: effre stei NOTIFICATI F IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attomney’s Office for the Southern District of Florida asks that you provide the following notice to your client, RE 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- 009381AXXXMB) and was sentenced to a term of twelve months’ imprisonment to be follawed 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 EFTA00183682

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Case 9:08-cv-80736-KAM Document 44. Entered on FLSD Docket 07/15/2008 Page 21 of 21 ~ — BRAD EDWARDS, Esq. NOTIFICATION OF IDENTIFIED VICTIM pee? ea JULY 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein’s attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial, No more; no less.” Through this letter, this Office hereby provides Notice that your client, [> R@MMp 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. Rap R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT U.S. ATTORNEY ce: Jack Goldberger, Esq. EFTA00183683

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EFTA00183684

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Cage 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 1-CIV-ZLOCH/SNOW C.M.A., Plaintiff, FILED UNDER SEAL’ sealed vs. JEFFREY — and Defendants. VEN M. LARIMORE Teas. ist, CT 0. Of £ / DEFENDAN FREY EPSTEIN AND MOTION FOR STAY * This motion is filed under seal because the Stored il nt between the United States Attorney’s Office (by Assistant USS. Attorney : es and Mr, Epstein, discussed herein, contains a confidentiality clause. Lewis, Teinn. S< 059 GRAND AVENUE, SurTe 340, Coconut Grove, Fiona 33133 “ EFTA00183685

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Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 2 of 41 Defendants Jeffrey Epstein and , | mil respectfully move for a mandatory stay of this action under Title 18, United States Code, Section 3509(k), | Section 1595(b)(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).' ' ‘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). 1 Sree ive NE 3089 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORMDA 33133 EFTA00183686

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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 1 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 3059 Gran AVENUE, SurTe 340, COCONUT GROVE, FLORIDA 33133 EFTA00183687

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Case 9:08-cv-80811-KAM Document 33 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- 30736-CIV-Marra/Johnson (S.D. Fla.) (D.E. 14), Decl. of AUSA [EEL 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, /d. 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 Lewis, Tein nm 3059 GRAND AVENUE, SUITE 340, COCONUT Grove, FLORIDA 33133 EFTA00183688 Entered on FLSD Docket 01/07/2009 Page 4 of 41

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Case 9:08-cv-80811-KAM Document33 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.” Jd. (emphasis added). Further, it includes a promise not to prosecute movant/defendant Hl Hm only if “Epstein successfully fulfills all of the terms and conditions of th[e] agreement.” Jd. 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 3099 GRAND AVENUE, SurTE 340, COCONUT Grove, PLomipa 33133 EFTA00183689

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Case 9:08-cv-80811-KAM Document33 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 | 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 AUSA BREE, 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 3059 GRAND Avenue, SUITE 40, CoconuT GROVE, FLORIDA 33133 EFTA00183690

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Case 9:08-cv-80811-KAM Document33 Entered on FLSD Docket 01/07/2009 Page 7 of 41 Accordingly, the Federal Criminal Action remains “pending.” Discussion 1. 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. MEL BEEBE 531 US. 230, 241 (2001) (noting Congress’ “use of a mandatory ‘shall’ to impose discretionless obligations”) (emphasis added), Lexecon Inc. I Milberg Weiss Bershad Hynes & Lerach, 523 US. 26, 35 (1998) (explaining that “the mandatory ‘shall’. . . normally creates an obligation impervious to judicial discretion”) (emphasis added). Cf Hill I 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 “requir[ing] a stay in a case... where .. . a parallel | criminal action [is] pending.” Doe Francis, No. 5:03 CV 260, 2005 WL 950623, 6 3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133 EFTA00183691

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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 I) (emphasis added), Accord Doe | Francis, No. 5:03 CV 260, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (Francis 1) (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 I] 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 IJ 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 Teinn. Vie ATA 3059 GRAND AVENUE, SUITE 340, CocoNUT Grove, FLORIDA 33133 EFTA00183692

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Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 9 of 41 Il. 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.”? In enacting § 1595, Congress EE 2 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. (2) In this subsection, a “criminal action” includes investigation and prosecution and is pending until final adjudication in the trial court. 18 U.S.C. § 1595. 8 Lewis, Teinn. 3059 GRano AVENUE, Surre 340, Coconut GAOvE, FLORIDA 33133 EFTA00183693

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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 Lk Khan, No. CV 07-1251, 2007 WL 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[elld . . . 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 Lewis, Teinn. 3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133 EFTA00183694

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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 “[rjemaining undecided, awaiting decision ... .” Black’s Law Dictionary 1154 (8th ed. 2004).? See also White L. 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”); Swartzff. Meyers, 204 F.3d 417, 421 (3d Cir. 2000) (relying on Black's Law Dictionary for the definition of “pending,” expressly because “‘pnending’ 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 Lk Athens Newspapers, LLC, No. §07G1133, _S.E.2d __, 2008 WL 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 i Dictionary for the definition of statutory terms, including in criminal cases. See e.g., United stares Young, 528 F.3d 1294, 1297 n.3 (11th Cir, 2008) (definitions of criminal “complaint” and “indictment”); United States ff. Brown, 526 F.3d 691, 705 (11th Cir. 2008) (definition of } “knowingly” in criminal statute). 10 Lewis, Teinn. 3059 GRAND AVENUE, SUITE 340, CocoNUT GROVE, FLORIDA 33133 EFTA00183695

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Case 9:08-cv-80811-KAM Document 33 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 Lewis Teinn. 3059 GRAND AVENUE, SUITE 340, CoconuT GROVE, FLORIDA 33133 EFTA00183696 Entered on FLSD Docket 01/07/2009 Page 12 of 41

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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. ‘Tein rm. 3059 GRAND Avenue, Sure 340, COCONUT GROVE, FLORIDA 333 EFTA00183697

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Case 9:08-cv-80811-KAM Document33 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(1I), 108th Cong., Ist 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.” Jd, 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 JI 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 Lewis, Teinn 3059 GRAND AVENUE, Surre 340, Coconut Gaove, Fioripa 33133 EFTA00183698

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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. {{f 2,6, and so cannot rightfully claim prejudice from additional temporary delay. i. 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 L Healthsouth Corp., 261 F. Supp. 2d 1298, 1326 (N.D. 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 Lewis Teine 1059 GRaNb AVENUE, SUITE 340, Coconut GROVE, FLORIDA 331 Bey EFTA00183699

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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.’ 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, Wehling I Columbia Broad. Sys, 611 F.2d 1026, 1027 (Sth 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.’ ‘ 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). 5’ 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 Harv. 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 3059 GRanb AVENUE, SUITE 340, CocoNUT GROVE, FLORIDA 33133 EFTA00183700

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Case 9:08-cv-80811-KAM Document 33 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(a)(2)(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 Harv. 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 Lewis, Teinn. Mawnan 3059 GRAND AVENUE, SUITE 340, CoconuT GROVE, FLORIDA 33133 EFTA00183701 Entered on FLSD Docket 01/07/2009 Page 17 of 41

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Case 9:08-cv-80811-KAM Document33 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, ¢.g., Simpson Ih. 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., Inc. hk 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 Teinn. 3089 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133 EFTA00183702

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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, LEWIS TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 ; 305 ve . (A Fla. Bar No. 623740 lewis@lewistein.com MICHAEL R. TEIN Fla, Bar No, 993522 tein@lewistein.com By: 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 Fla. Bar No. 262013 jgoldberger@agwpa.com Attorneys for Defendant Jeffrey Epstein 19 3089 GRAND AVENUE, SUITE 340, CocoNUT Grove, FLORIDA 33133 EFTA00183703

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

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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. / EE DECLARATION OF i Sa IN SUPPORT OF UNITED STATES’ RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT 1. l, BE ae do hereby declare that I am a member in good standing of the Bar of the State of Florida. | 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, | was admitted to practice in California in 1995. | 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. “pe EFTA00183705

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Case 9:08-cv-80811-KAM Document33 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. . 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, a. wa. and gi Your Affiant’s letter to wa was provided by the FBI, (Ex. 1). Your Affiant’s letter to | was hand-delivered by myself to @ at the time that she was interviewed (Ex. 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. wi: 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 i whi his clients is the purported victim. Accordingly, | will address facts related to . , and 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 || 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

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Case 9:08-cv-80811-KAM Document 33 — — 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 Affiant had contact with C.W. and wi Attorney Edwards’ other client, wi. was represented by counsel and, accordingly, all contact with i was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstcin, 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 attorncys 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 @ 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- 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 EFTA00183707

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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 jt 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, i. was openly hostile to the prosecution of Epstein, The FBI attempted to interview wi. 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 i. 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 EFTA00183708

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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 44. Entered on FLSD Docket 07/ 15/2008 Page 5of 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 A ffiant 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 | concluded that informing additional victims could compromise the witnesses’ credibility at irial if Epstein reneged on the agreement. 9. Aned ii had been notified of the terms of the agreement, but before Epstein performed his obligations ll contacted the FBI because Epstein's counsel was attempting 1o 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 Ml. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant mm OF was dissatisfied with the resolution of the matter. 10. Inmid-June 2008, Attorney Edwards contacted your A ffiant to inform me that he represented lil andi. and asked to meet to provide me with information regarding Epstein. | invited Attorney Edwards to send to me any information that he wanted me to consider, Nothing was provided. | also advised Attorney Edwards that he should consider contacting the State Attorney’s Office, ifhe so wished, I understand that no contact with that office was made. Attorney Edwards had alluded to wa. so | advised him that, to my knowledge Ml was still represented by Attorney James Eisenberg. EFTA00183709

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Case 9:08-cv-80811-KAM Document 33 — ~~ “41. 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 | assumed that he would pass on the notice to her, as well. Attorney Edwards informed your A ffiant 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 a. and i. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to i. 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 offs prior statements to law enforcement, your Affiant could not in good faith include. asa 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, Attomey 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- 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 EFTA00183710

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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, 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 foregoing is true and correct to the best of my knowledge and belief. Executed this i day of July, 2008, -7- EFTA00183711

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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 id U.S. Department of Justice United States Attorney Southern District of Florida “$00 South Australian Ave , Suite 400 West Palm Beach, FL 33401 i — Facsimile June 7, 2007 DELIVERY BY HAND Miss Coa WES Re: Crime Victims’ and Witnesses" Rights Dear Miss WE Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a fedcral offense, you have a number of rights. Those nghis are: (1) 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 preseat 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 faimess and with respect for the victim's dignity and privacy. 7 Members of tne 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 ‘a } rights are protected. If you ip this regard, please feel free to contact me at Bn or Special _ a fromthe 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 seck the advice of an attorney with respect to the rights listed above and, if you F believe that the nights set forth above are being violated, you have the nght to petition the Court for relief. EFTA00183712

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Case 9:08-cv-80811-KAM Document 33 Case 9:08-cv-80736-KAM Document 14 — Miss CR ali June 7, 2007 Pace? Entered on FLSD Docket 01/07/2009 Page 29 of 41 Entered on FLSD Docket 07/15/2008 Page 9 of 21 ww In addition to these nghts, you are entitled lo counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc @ 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 iz or - 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 violatadbe law However, if you are contacted, you have the choice of speaking to that person or refusing to"do so. i nm wT 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. Atthis time, your case is under investigation? If anyone is charged in connection with the investigation, you will be notificd. cc: — Special Agent I a. F.B Sincerely, R. Alexander Acosta United States Attorney Assistant United States Attomey A. (ft of EFTA00183713

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~ ww U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Sule 400 West Palm Beuch, FL 3340! (561) 820-82 Facsimile August 11, 2006 R D Miss Re: Crime Victims’ and Witnesses’ Rights Dear Miss ME Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of nights. Those nghts are: ()) The right to be reasonably protected from the accused, (2) The right to reasonable, accurate, and timely notice of any public court proceeding involviag 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 rexsonable 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 night to proceedings free from unreasonable delay. (8) The right to be treated with faimess and with respect for the victim's dignity and privacy. t{ 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 ¢ i asc protected. If you have any concerns in this regard, please feel free to contact me n , or Special Agent from, the Federal Burcau of Investigation at 561 822-5946. You also can contact the Justice Depariment’s Office for Victims of Crime in Wastungton, D.C, at 202-307-5983. That Office has a website al WWW.OVC.gOV. You can seek the advice of an allorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right (o petition the Court for relief. Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 30 of 41 Case 9:08-cv-80736-KAM Document 44 Entered on FLSD Docket 07/15/200@aamm EFTA00183714

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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 a — Mss a AuGust 11, 2006 Pace 2 In addition to these rights, you are entitled to counseling and medical services, ani! |. from intimidation and harassment. If the Court determines (hat you are a victim, you --. entitled to restitution from the perpetrator. A list of counseling and medical service pi be provided to you, if you so desire. If you or your family is subjected to any inti harassment, please contact Special Agent or myself immediately. It is |» someonc working on behalf of the targets of the investigation may contact you. Such cw" not violate the law. However, if you are contacted, you have the choice of speaking to +i: or refusing to do so. Ifyou efuse and feel that you are being threatened or harassed, '1" * éontact Special Agent i myself, You also are entitled to notification of upcoming case events. At this time, your us investigation. If anyone 1s charged in connection with the investigation, you will be nv’ Sincerely, R. Alexander Acosta United States Attomey By: Assistant cc; Special Agent He F.B.L EFTA00183715

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Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 32 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket O7/1542008.. Paget20f 21 ed ~ U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: (661) 633-7517 Fax: (561) 833-7970 January 10, 2008 Re: Case Number: ay Dear aaa VED ‘This case Is currently under Investigation, This can be a lengthy process and we request your continued patience while we conduct! a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and Umely notice of any public court proceeding, or any parole proceading, 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, unisss the court, afler receiving cea and convincing evidence, determines that testimony by the victim would be matertelly attered if the victim heard other testimony et that proceeding; (4) The right to be reasonably heard at any public procesding In the district court involving release, plea, sentencing, of any parole proceeding; (5) The reasonable right to confer with the attomey for the Government In the case; (6) The right to full and timely restitution as provided In lew; (7) The right to proceadings free from urveasonable delay; (8) The right to be troated with faimess and with respect for the Victim's dignity and privacy. We will make our best offorts to ensure you are accorded the rights described. Most of these rights pertain to events occurring efter the arrest or indictment of an Individual for the crime. and ft wit become Wt responsibility of the prosecuting United States Attomey’s Office to ensure you are accorded those rights. You may also seek the edvice of a private atlomey 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 sbout this matier on the Intemet ot WWW, Notify. USDOJ.GOV or from the VNS Call Center at 4-868-DOJ-4YOU (1-866-365- 4968) (TOD/TTY: 4-866-228-4619) (internationsl: 1-502-213-2767). In eddition, you may use the Can Center or Intemet to uadate your contact information snd/or change your decision about participation in the notification program. If you update ¢ information to Include # current email addresa, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '1941737" end” Personal Identification Number (PIN) "§502' anytime you contact the Cail Center and the first time you log on to NS on tha Internet. In addition, the frat ime you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained In VNS. The name you should enter is EFTA00183716

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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""* Page 13 Of 21 —_ —- It you have additional questions which inwolve this matter, please contact the office listed above. When you cal, please provide the fle number located at the top of this letter. Plesse remember, your participation in the. notification part of this program is voluntary, In order to, continue to receNve nollfications, it is your responsibility to keep your contact information current. Sincerely, = =. EFTA00183717

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Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 34 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 0745420062: Page *4*0f 21 ~ — U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Sulte 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: (561) 833-7517 Fax: (561) 833-7970 January 10, 2008 James Elsonberg One Clearlake Center Ste 704 Ausvellan South West Palm Beach, Fl 33401 Re: Re ce Dear James Elsanberg: You have requested to recelve notifications for ea, ie) This case is currently under Investigation. This can be 8 lengthy process and we request your continued patience while we conduct a thorough investigation. As 8 crime victim, you have the following rights under 16 United States Code § 3771: (1) The right to be reasonably prolectad from the, accused; (2) The right to reasonable, sccurste, and timely notice of any public court proceeding, or any parole procesding, Invalving 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 eltered if the victim heard other testimony at that proceeding; (6) The right to be ressonably heard at any public proceeding in the disvict court Involving release, plea, sentencing, of any parole proceeding; (5) The ressonable right to confer with the sttomey for the Government in the case; (8) The right to full and timely restitution ae provided In law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with faimess and with reapect 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 partain to events occuring after the arrest or Indictment of an individual for the crime, and t will become the responsibility of the prosecuting Untied States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attomey 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 Intemet at WWW.Notify.USDOJ,GOV or from the VNS Call Contor at 1-886-D0J-4YOU (1-866-365- 4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may vse the Cok Center or Internet to update your contact Information and/or change your decision ebout participation in the notification program. If you update your Information to Include @ current email eddress, 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 end the first time you log on to VNS on the Intemet. In addition, the first time you access the VNS Internet site, you will be prompted fo enter your last name (or business name) ss currently contained in VNS. The name you should enter is Eisenberg. EFTA00183718

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Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 35 of 41 Case 9:08-cv-80736-KAM Document 44 Entered on FLSD Docket 07946/20087>: Page 48'ef 21 if you have addtional questions which involve this matter, please contact the office listed above, When you call, please provide the file number located al the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, tt is your responsibility to keep your contact Information current. Sincerely, Soin Ane =... EFTA00183719

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Case 9:08-cv-80811-KAM Document 33 Entered on FLSD Docket 01/07/2009 Page 36 of 41 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20 a oy f — — ~w U.S, Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 605 South Flagler Orive West Palm Beach, FL 33401 Phone: (561) 833-7517 Fux: (561) 633-7970 May 30, 2008 Your name wes referred to the FBI's Victim Assistance Program as being ® possible victim of a federal crime, We appreciate your assistance and cooperation while we ore Investigating this case. We would like to meke you aware of the victim services that may be evailable to you and lo answer any questions you mey have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information ebout their rights under federal law. These rights Include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regerding the status of your case. This case Is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct 8 thorough investigation. As a crime victim, you have the following rights under 46 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and thnely 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 count proceeding, unless the court, afier receiving clear and convincing evidence, determines that testimony by the victim would be materially altered If the victim heard other testimony at thet proceeding; (4) The right to be reasonably heard st any public proceeding in the district court involving release, plea, sentoncing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Goverment in the case; (6) The right to full and Umely restitution as provided I> law; (7) The fight to proceedings free from unreasonable delay; (8) The right to be treated with falmess and with respect for the victim's dignity and privacy. We will make our best efforts to ensure you ere accorded the rights described, Most of these rights pertain to events occurring after the arreat or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attornay's Office to ensure you are sccorded those fights. You may also seok the advice of 8 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 Internat at WWW Notify.USDOJ.GOV or from the VNS Cell Center at 1-866-D0J/-4YOU (1-866-365- 4968) (TOD/TTY: 1-866-228-4619) (International: 1-602-213-2767). In addition, you may use the Call Center or Intemet to update your contact information and/or change your decision about participation in the notification program. if you update your Information to include @ current email address, VNS wil! send information to thal adérass. You will need the following Victim Identification Number (VIN) ‘2074381 end Personol Identification Number (PIN) '1816" enytime you contact the Call Center and the first time you log or. to YNS on the Internet, In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is far a_i aE EFTA00183720

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Case 9:08-cv-80811-KAM Document33 Entered on FLSD Docket 01/07/2009 Page 38 of 41 Case 9:08-cv-80736-KAM Document14 — Entered on FLSD Docket 07/15/2008 Pa ~ — n } U.S, Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 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/Commmmmp WR: NOTIFICATION OF IDEN VICTI 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 clicnt, Calg, WHR. 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- 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

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Case 9:08-cv-80811-KAM Document33 Entered on FLSD Docket 01/07/2009 Page 39 of 41 Case 9:08-cv-80736-KAM Document14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 _ — BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM Cag, anal JULY 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein’s attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less.” Through this letter, this Office hereby provides Notice thal your client, wom \V is an individual whom the United States was prepared to name as a victim of an enumerated offense, ' stows 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. Attomey’s Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; However, i 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 MMMM and Richards for the health and well-being of Ms. Wal R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTA S.A RNEY ce: Jack Goldberger, Esq. EFTA00183722

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Case 9:08-cv-80811-KAM Document 33 oT. ~ ~ “\ U.S. Department of Justice ie United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (361) 820-8711 Facsimile: July 9, 2008 VIAF ILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 SME Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/SSgg@ RAMNME 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 clicnt, Sag 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- 009381AXXXMB) and was sentenced to a term of twelve months’ imprisonment to be follawed 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 Entered on FLSD Docket 01/07/2009 Page 40 of 41 0736-KAM Document14 Entered on FLSD Docket 07/15/2008 Page 20 of 21 EFTA00183723

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Case 9:08-cv-80811-KAM Document33 Entered on FLSD Docket 01/07/2009 Page 41 of 41 Case 9:08-cv-80736-KAM Document14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 ~ wt BRAD EDWARDS, Esq. NOTIFICATION OF IDENTIFIED VICTIM SQ Jury 9, 2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein’s attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial | authority interpreting this provision, including any authority determining | which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less.” Through this letter, this Office hereby provides Notice that your client, SS R@MMe 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 Agen ii and Richards for | the health and well-being of Ms. Réliip | R. ALEXANDER ACOSTA | UNITED STATES ATTORNEY By: ASS AF RNEY ce: Jack Goldberger, Esq. EFTA00183724

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EFTA00183725

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IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUL IN AND FOR LEON COUNTY, FLORIDA FLORIDA SUGAR CANE LEAGUE, INC. RasL7tt0554 ) ; Plaintiff, ) Qo ) Case Number: 91-210) ~*~ vs. ) = ) : FLORIDA DEPARTMENT OF ) ™ ENVIRONMENTAL REGULATION, ) y ) — Defendant. ) § a UE 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 I. South i a M ment e , Case No. 88-1886-CIV- Hoeveler, United States District Court, Southern District of Florida ("U.S. JJ. 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 ana from federal agencies and representatives, including DOJ. DER also entered into an agreement with Dog to keep all documents it received during the settlement “negotiations confidential. EFTA00183726 26

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ASL 70555 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 266 EFTA00183727

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RLS1'7°(0556 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. —L__sFwnp, 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. Ww 1 t , 372 So. 2a 420 (Fla. 1979); es s t Petersb' , ‘558 So. 2d 487 (Fla. 2a 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 JJ. 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 267 EFTA00183728

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Ls SL7OSS7 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 poJ 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, 1-®-, 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. ori , Case No. CA-91-370, Tenth Judicial Circuit in and for Hardee County, Florida. e so Browning J. 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. 9. 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 . a 268 EFTA00183729

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(RA51'7700558 © 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. il SFWMD which it asserts are exempt from Florida's public records law based on a claim of federal preemption. Such documents shall he held under seal pending final disposition of the appeal; and 5. As the parties have not yet agreed toa 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, Pp Xt Florida, this -_ day of September, 1991. P. Kevin Davey Circuit Court Jud Copies furnished to counsel of record 269 EFTA00183730

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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. Atty., Miami, Keith E. Saxe, David C. Shilton and Ellen J. Durkee, Dept. of Justice, Washington, D.C., for amicus/ US. PER CURIAM. AFFIRMED, Wait L Florida Power & Light Co., 372 So.2d 420 (Fla.1979). MINER, ALLEN and KAHN, JJ., concur. END OF DOCUMENT Copr. © West 1995 No claim to orig. U.S, govt. works ® Page 1 EFTA00183731