UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISI FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS ILED BY D.C. MAY 3 0 2017 STEVEN P. LARJp,topE C. ":IS' SC OF ELI., • woo MOTION TO SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its "Sealed Motion for Permission to Disclose Grand Jury Material" for the following reasons: 1. The Application contains information regarding proceedings before West Palm Beach Federal Grand Jury 07-103, which is subject to the secrecy protections of Fed. R. Crim. P. 6. 2. Pursuant to Rule 6(eX6), "[r]ecords, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury." WHEREFORE, the United States respectfully requests that the Application and any Order related to the Application be sealed. Dated: May 30, 2017 Respectfully submitted, BENJAMIN G. GREENBERG ASSISTANT U.S. ATTORNEY Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach. Florida 33401 Tel: EFTA00086375 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS / SEALED ORDER It is hereby ordered that the United States' Sealed Motion for Permission to Disclose Grand Jury Material and the Order granting same be SEALED until further Order of this Court, except that a copy of this Order, the Motion for Permission to Disclose Grand Jury Material and the Order granting same shall be provided to counsel for the United States. DONE AND ORDERED in chambers this day of May, 2017, at West Palm Beach, Florida. DANIEL T. K. HURLEY SENIOR UNITED STATES DISTRICT JUDGE cc: AUSA EFTA00086376 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FGJ 07-103(WPB) IN RE: GRAND JURY PROCEEDINGS SEALED MOTION FOR PERMISSION TO DISCLOSE GRAND JURY MATERIAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves the Court for permission to disclose certain materials relating to matters occurring before West Palm Beach Federal Grand Jury # 07-103. In support thereof, the Government states: 1. In September 2006, as part of its investigation named "Operation Leap Year," the United States served a grand jury subpoena on a witness named See Exhibit 1 at P- 003734 thru P-003735. Based upon the investigation, Ms. was identified as a potential victim of the lead target, Jeffrey Epstein. 2. After service of the subpoena, Ms.= retained the services of James Eisenberg, Esq. to represent her. Jeffrey Epstein paid for that representation. 3. Mr. Eisenberg communicated to me orally and in writing that Ms. would assert her Fifth Amendment privilege if she were forced to appear before the grand jury, and that the government needed to obtain immunity pursuant to 18 U.S.C. §§ 6001-6003 and a compulsion order from the Court to avoid the assertion of the privilege. Exhibit 2. 4. Due to the expiration of the original grand jury, in January 2007, a new grand jury subpoena was issued on behalf of West Palm Beach Federal Grand Jury #07-103. Exhibit 1 at P- 003738. EFTA00086377 5. On January 24, 2007, the undersigned sent a letter to Mr. Eisenberg enclosing the subpoena and discussing the investigation and grand jury proceeding. Exhibit 1 at P-003736 thru P-003737. 6. On February I, 2007, Mr. Eisenberg responded via letter. His letter discusses the grand jury subpoena, the investigation, and Ms. likely testimony. Exhibit 1 at P-003732 thru P-003733. 7. On February 5, 2007, I provided Mr. Eisenberg with two proposed Kastigar letters that, again, discuss the grand jury's investigation. Exhibit 1 at P-003739 thru P-003743, P-003745. 8. In response to a complaint from Mr. Eisenberg (see Exhibit 3), I prepared an "Authorization for Reimbursement of Unusual Expenses of Fact Witnesses" to pay for Suring Ms. grand jury testimony. Exhibit 1 at P-003744. 9. On February 12, 2007, Mr. Eisenberg sent a letter detailing the reasons for Ms. refusal to testify without a compulsion order. This letter, again, discusses the grand jury's investigation and matters occurring before the grand jury. Exhibit 1 at P-003730 thru P-003731. 10. Based upon Mr. Eisenberg's letter and representations, the U.S. Attorney's Office applied to the Justice Department for authorization to grant immunity pursuant to 18 U.S.C. §§ 6001-6003. After receiving that authorization, in April 2007, the United States filed a Sealed Motion for an Order compelling the testimony of == Exhibit 1 at P-003714 thru P- 003721. 11. On April 16, 2007, the Court granted the government's Sealed Motion in a Sealed Order. Exhibit 3. Judge Middlebrooks was the judge who empaneled Federal Grand Jury 07-103. The Sealed Order states, in part, that the "Order shall be SEALED in accordance with Fed. R. 2 EFTA00086378 Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order [to a list of persons]. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others." 12. In 2008, Ms. became a petitioner in the matter of Jane Doe 1 and Jane Doe 2 v. United States, S.D. Fla. Case No. 08-80736-Civ-Marra ("the Jane Doe suit"). Ms. was allowed to proceed, at her request, via the pseudonym "Jane Doe 2" because she was a minor during the criminal activity committed by Jeffrey Epstein. Ms. was an adult during all proceedings related to the grand jury subpoena. 13. In her suit against the United States, Ms. avers, in part, that her "right to confer with the attorney for the Government in the case" and her "right to be treated with fairness and with respect for the victim's dignity and privacy," 18 U.S.C. § 3771(a)(5), (a)(7), were violated. I was the "attorney for the Government," although there was no "case" because the U.S. Attorney's Office never filed charges against Jeffrey Epstein or any other person involved in criminal activity with Ms.M. 14. In the Jane Doe suit, U.S. District Judge Kenneth A. Marra allowed limited discovery. Exhibits 1 and 2 were listed on a privilege log and provided to Judge Marra in camera for review. The United States asserted that the items should not be produced because they were governed by Fed. R. Crim. P. 6(e) and included "[d]ocuments under seal pursuant to court order." Exhibit 4 at DE212-1 pp. 1, 6. 15. There was extensive litigation regarding the privilege log, including the assertion of the confidentiality of grand jury materials. Judge Marra agreed with the government's assertion 3 EFTA00086379 that Exhibit I involved matters occurring before the grand jury and ordered that they need not be produced. Exhibit 5 at pp. 5-10, 26, 28. 16. In the Jane Doe suit, Ms. has filed a motion for summary judgment, asserting that there is no issue of material fact regarding her claim that her rights to confer and to be treated with respect were violated. In support of that motion, Ms. filed a Declaration. Exhibit 6. 17. In the declaration, Ms. makes a number of assertions, including that "there could not have been any doubt in anyone's mind .. . that Epstein sexually molested me as a minor"; "I believed that if I told the truth about what happened at Epstein's house, the police "; "I had been greatly intimidated, which is why I could not be truthful initially and I wanted to end the threat of the possibility of "; and "I wanted to assist the prosecutors in the investigation." Id. 18. These statements are contradicted by Exhibits 1, 2, and 3, and, accordingly, the U.S. Attorney's Office now respectfully requests that the Court unseal redacted versions of Exhibits I, 2, and 3. 19. This matter relates to issues occurring before the grand jury and, accordingly, is governed by Fed. R. Crim. P. 6(e). Under that Rule, the "court may authorize disclosure — at a time, in a manner, and subject to any other conditions that it directs — of a grand-jury matter: (i) preliminarily to or in connection with a judicial proceeding." Federal Rule of Criminal Procedure 6(e) provides that the traditional rule of grand jury secrecy may be placed aside under certain circumstances to allow for disclosure. Specifically, Rule 6(e)(3)(E)(i) states that a district court "may authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—of a grand jury matter ... preliminary to or in connection with a judicial proceeding." The Supreme Court has explained that a party seeking disclosure of grand jury materials must make a showing of a "particularized need" by demonstrating that (1) the materials are needed to avoid an injustice in another 4 EFTA00086380 proceeding; (2) the need for disclosure is greater than the need for continued secrecy; and (3) the request is structured to cover only needed materials. United States v. Moussaoui, 483 F.3d 220, 235 (4th Cir. 2007) (citing Douglas Oil Co. v. Petrol Stops Northwest, 441 U.S. 211, 222 (1979)). 20. Portions of Exhibits 1, 2, and 3 are relevant to a judicial proceeding, that is, the Jane Doe suit. The portions that the U.S. Attorney's Office wishes to disclose are attached hereto as Exhibit 7. Disclosure of these portions of the documents are necessary to avoid injustice in the Jane Doe suit, that is, to properly inform Judge Marra that Ms. did not, in fact, wish to confer with an attorney for the Government during the relevant time frame and she was treated with respect by the U.S. Attorney's Office and the investigative team. Given that Jane Doe 2 herself has made these materials relevant to the Jane Doe suit, the need to disclose Exhibit 7 outweighs the need for secrecy, and Exhibit 7, which is a redacted version of Exhibits 1, 2, and 3, properly limits the disclosure of the grand jury materials only to what is needed. 21. Prior to filing this Motion, I inquired of Judge Marra's courtroom deputy whether the motion should be filed with Judge Marra. After speaking with the Clerk's Office, Judge Marra's courtroom deputy informed me that, because this related to the grand jury, the motion should be directed to the District Judge on duty. Pursuant to the Court's website, Senior U.S. District Judge Daniel T. K. Hurley is on duty for the month of May 2017. //I //I //I 5 EFTA00086381 CONCLUSION For the foregoing reasons, the United States respectfully requests that it be permitted to disclose Exhibit 7 and file it in support of its Response to Ms. summary judgment motion. The United States further respectfully requests that the Court's Order make clear that, by filing Exhibits 4, 5, and 6 in support of this motion, it does not seek to have them sealed in the Jane Doe suit, and that they remain part of the public record in that matter. Respectfully submitted, BENJAMIN G. GREENBERG ACTING UNITED STATES ATTORNEY By: Assistant United States Attome Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Telephone: Facsimile: I 6 EFTA00086382 GOVERNMENT EXHIBIT Case No. 08-80736-CV-MARRA P-001713 EFTA00086383 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FCII 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS Party Filing Matter Under Seal ORDER RE: SEALED FILING Name: UNITED STATES OF AMERICA Addreas: AUSA S0CI S. Australian Ave, Ste 400 Telephone' West Palm Bach, FL. 33401 On behalf of (select one): • THE APPLICANT RESPONDENT Date sealed document filed: 04/16/07 If sealed pursuant to statute, cite statute: Fed. R. Crim. P. 6 If sealed pursuant to previously enteral protective order, dale of order and docket entry. The matter will remain soiled until: O Conclusion of Trial U Anot of First Defendant U Case Closing O Conclusion of Direct Appeal ■ Other End of Proem:lines O Permanently. Specify the authorizing law, Me. court order The moving party requests that when the sealing period tapirs, the filed matter should he (select one): O Unseakd and placed in • Destroyed U Returned to the party or counsel for the the public portion of the court Me party, as identified above It is ORDERED and ADJUDGED that the proposed sealed document is hereby: O Sealed O NOT Sealed O Other The matter may be unsealed atter. O Conclusion of Trial Cl Arrest of First Defendant O Remain Sealed U Case Closing U Conclusion of Direct Appeal t3 Other DONE and ORDERED at West Palm finch Florida this day of 2007. Uttard.Stalm.Disuic lease This documan has been disposed of lo the following manner by on Case No. 08-80736-CV-MARRA P-003714 EFTA00086384 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07403 (WPB) IN RE: GRAND JURY PROCEEDINGS MOTION TO SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Order Compelling Witness Testimony before the Grand Jury for the following reasons: 1. The Application contains information regarding proceedings before West Palm Beach Federal Grand Jury 07-103, which is subject to the secrecy protections of Fed. R. Crim. P. 6. 2. Pursuant to Rule 6(e)(6), "Erjecords, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury." WHEREFORE, the United States respectfully requests that the Application and any Order related to the Application be sealed. Dated: April 16, 2007 Respectfully submitted, R. ALEXANDER ACOSTA ASSISTANT UNITED STA1 ES A ORNEY Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Tel: Fax: Case No. 08-80736-CV-MARRA P-003715 EFTA00086385 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS ORDER It is hereby ordered that the United States' Application for Order Compelling Witness Testimony before the Grand Jury and the Order granting same be SEALED until further Order of this Court. DONE AND ORDERED in chambers this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: AUSA Case No. 08-80736-CV-MARRA P-003716 EFTA00086386 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS / APPLICATION FOR ORDER COMPELLING WITNESS TESTLMONY The United States of America, through its undersigned attorney, makes application to this Court for an Order pursuant to the provisions of Title 18, United States Code, Section 6001, et seq., compelling== to give testimony and to provide other information, which she is likely to refuse to give or provide, on the matters about which she may be interrogated before the United States District Court for the Southern District of Florida, including a Grand Jury impaneled therein, as well as subsequent proceedings or trial, and respectfully alleges as follows: 1. That ==. has been called to testify and provide other information before the United States District Court for the Southern District of Florida, including before a Grand Jury impaneled therein. 2. That, in the judgment of the undersigned, the testimony or other information from may be necessary to the public interest. 3. That is likely to refuse to testify or provide other information on the basis of her privilege against self-incrimination. 4. That this Application is made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Case No. 08-80736-CV-MARRA P-003717 EFTA00086387 Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). A copy of the letter from said Assistant Attorney General or his designee expressing such approval is attached hereto. 5. That a Subpoena to Testify before Grand Jury 07-103 (WPB) has been served upon counsel for =, who has informed the undersigned that an Order compelling testimony is required before will appear and testify. Upon receipt of the Court's Order compelling such testimony, a new Grand Jury Subpoena will be issued commanding "•==l appearance on Tuesday, April 24, 2007 at 1:00 p.m. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33132 FAX S M 2 Case No. 08-80736-CV-MARRA P-003718 EFTA00086388 IO'd ild101 11111111*. 0 fox ..//as Au ay.:Asa" Cooed Wasespren AC 2efillalet APR 13 2007 The Honorably R. Alexander Acosta Unitcd States Attorney • ' " •SouthemliittriciofFlorida West Palm Beach, Florida 33401 Attention: Asstetantlinited States Attorney Re: Grand Jury Investigpuion, terfrey Epstein, et al. Dcar Mr. Acosta: Pursuant to the authority vested in me by 18 U.S.C. § 6003(h) and 28 C.P.R., § 0.175(a), I hereby approve ycur request for authority to apply to °milt:Med States District Court for the Southern District of Florida for an order pursinuu to 1811.5 C. §§ 6002-6003 requiring to give testimony of provide other information in the above malt, and in any further proceedings resulting therefrom or ancillary thereto. Sincerely, Assistant Attorney Genera] V !KW; ir • Case No. 08-80736-CV-MARRA to./TO'd 11 P-003719 ;57 -$) 6 :?T Mi0e-9I-OdU EFTA00086389 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ 07-103(WPB) LN RE: GRAND JURY PROCEEDINGS SEALED ORDER On Application of the United States Attorney for the Southern District of Florida, and it appearing to the satisfaction of the Court: 1. That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida, including a Grand Jury impanelled therein; and 2. That in the judgment of the said United States Attorney, has refused to testify and provide other information on the basis of her privilege against self-incrimination; and 3. That in the judgment of the said United States Attorney, the testimony and other information from may be necessary to the public interest; and 4. That the aforesaid Application has been made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to Case No. 08-80736-CV-MARRA P-003720 EFTA00086390 provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, including a Grand Jury impaneled therein, as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this Order (or any information directly or indirectly derived from such testimony or other information) may be used against in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. IT IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed. R. Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order to members of the Grand Jury, to the witness, to counsel for the witness, and to law enforcement officers engaged in the investigation pending before the Grand Jury. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others. DONE and ORDERED this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: AUSA 2 Case No. 08-80736-CV-MARRA P-003721 EFTA00086391 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FGJ 07.103 (WPB) IN RE: GRAND JURY PROCEEDINGS ORDER RE: SEALED FILING Party Filing Matter Under Seal Name: UNITED STATES OP AMERICA Address: AUSA SOO S. Australian Are, Ste 400 Telephone: Wan Pam Back FL 33401 CM behalf of {select one): • 'rim Appucwr RESPONDENT Date sealed document filed: 04116/07 If sealed pursuant to statute, cite statute: Fed. It Crisis. P.6 If sealed pursuant to previously entered protective other, date of order and docket emery: The room will remain sealed until: 0 Conclusion of Trial fa Arrest of First Defendant O Case Closing 0 Conclusion of Direct Appeal • Other End of Promedines U Permanently. Specify the authorizing law, nile, court order. The moving party requests that when the sealing period expires, the filed matter should be (select one): 0 Unsealed and placed in the public portion of the coun file party, as identified above • Destroyed 0 Returned to the party or counsel for the It is ORDERED and ADJUDGED that the proposed sealed document is hereby: Sealed 3 NOT Scaled The matter may be unsealed after. O Conclusion of Trial 0 Arrest of Pint Defendant CI Case Closing 0 Conclusion of Direct Appeal DONE sod ORDERED at West Palm Beach. Florida this day of This document has been disposed of in the following manner on 0 Other U Remain Sealed U Other 2007. linked Stales District Judge by Case No. 08-80736-CV-MARRA P-003722 EFTA00086392 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS MOTION TO SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Order Compelling Witness Testimony before the Grand Jury for the following reasons: 1. The Application contains information regarding proceedings before West Palm Beach Federal Grand Jury 07-103, which is subject to the secrecy protections of Fed. R. Crim. P. 6. 2. Pursuant to Rule 6(6)(6), "[r]ecords, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury." WHEREFORE, the United States respectfully requests that the Application and any Order related to the Application be sealed. Dated: April 16, 2007 Respectfully submitted, R. ALEXANDER ACOSTA UNITJ.,DATATES ATTORWY ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Tel: Fax: Case No. 08-80736-CV-MARRA P-003723 EFTA00086393 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS SaWER It is hereby ordered that the United States' Application for Order Compelling Witness Testimony before the Grand Jury and the Order granting same be SEALED until further Order of this Court. DONE AND ORDERED in chambers this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: EMI , AUSA Case No. 08-80736-CV-MARRA P-003724 EFTA00086394 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS APPLICATION FOR ORDER COMPELLING WITNESS TESTIMONY The United States of America, through its undersigned attorney, makes application to this Court for an Order pursuant to the provisions of Title 18, United States Code, Section 6001, et seq., compelling to give testimony and provide other information, which she is likely to refuse to give or provide, on the matters about which she may be interrogated before the United States District Court for the Southern District of Florida, including a Grand Jury impaneled therein, as well as subsequent proceedings or trial, and respectfully alleges as follows: 1. That has been called to testify and provide other information before the United States District Court for the Southern District of Florida, including before a Grand Jury impaneled therein. 2. That, in the judgment of the undersigned, the testimony and other information from may be necessary to the public interest. 3. That is likely to refuse to testify and provide other information on the basis of her privilege against self-incrimination. 4. That Ibis Application is made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Case No. 08-80736-CV-MARRA P-003725 EFTA00086395 Assistant Attorney General, pursuant to the authority vested in him by Tide 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). A copy of the letter from said Assistant Attorney General or his designee expressing such approval iS attached hereto. 5. That counsel for has informed the undersigned that an Order compelling testimony is required before will appear and testify before the Grand Jury. Upon receipt of the Court's Order compelling such testimony, a Subpoena to Testify before Grand Jury 07-103 (WPB) will be issued commanding appearance on Tuesday, April 24, 2007 at 1:00 p.m. By: 2 Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY MEW ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33132 FAX Case No. 08-80736-CV-MARRA P-003726 EFTA00086396 pirm—Au —evict U.S. Department et JliSrICC Criminal Division WiedlOPUM.PIAWARIIIMOORIrel The Honorable R. Alexander Acosta . United States Attorney , {r.; • • west Palm Beach, Florida 33401 Attention: Assistant United States Attorney Re: Grand fury Investigation, Joints/S.226n. et 41. Dear Mr. At0Sra: MoMmihmiDC.M3AOMPI APR 13 2001 Pursuant to the authority vested in me by 18 U.S.C. § 6011100 and 28 C.F.R_ § 0.17500, I hereby approve your request for authority to apply to the United Stites District Court for the Southern District of Ronda for an order pursuant to 18 U.S.C. §§ 6002-6003 requiring to give testimony or provide other information in the above matter and in any further proceedings resulting therefrom or ancillary thereto. Sincerely. Assistant Attorney General Case No 08-80736-CV-MARRA P-003727 EFTA00086397 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ 07-1 03(WPB) IN RE: GRAND JURY PROCEEDINGS BALED ORDER On Application of the United States Attorney for the Southern District of Florida, and it appearing to the satisfaction of the Court: I. That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida, including a Grand Jury impaneled therein; and 2. That in the judgment of the said United States Attorney, has refused to testify and provide other information on the basis of her privilege against self-incrimination; and 3. That in the judgment of the said United States Attorney, the testimony and other information from may be necessary to the public interest; and 4. That the aforesaid Application has been made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0. I 32(e). NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to Case No. 08-80736-CV-MARRA P-003728 EFTA00086398 provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, including a Grand Jury impaneled therein, as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this Order (or any information directly or indirectly derived from such testimony or other information) may be used against in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. IT IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed. R. Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order to members of the Grand Jury, to the witness, to counsel for the witness, and to law enforcement officers engaged in the investigation pending before the Grand Jury. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others. DONE and ORDERED this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: , AUSA 2 Case No. 08-80736-CV-MARRA P-003729 EFTA00086399 EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Criminal Trial Lawyer National Board Of Trial Advocacy Cellfiled Criminal Mal Advocate KAI LI ALOE FOUTS Oat ClearlakeCentre, Suite 704,250Australian Avenue South,WestPalm Beach, FL3340I Fax: February 12, 2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear As always, it was a pleasure speaking to you the other dilursuant to our telephone conference I am writing this letter to proffer my concerns for should she testify without immunity before a federal grand jury. Therefore, allow me to reiterate that Ms. will refuse to voluntarily cooperate with the federal government. She has a good faith basis for her position under the Fifth Amendment to the United States Constitution. We, of course, do not live or work in a vacuum. We have read many inflammatory remarks the Town of Palm Beach Police Chief has made to the media about the state court's handling of the Jeffrey Epstein investigation. The police chiefs remarks frighten both mysel rand my client. I am aware that the town police have prepared documents to charge at least one of Mr. Epstein's lady friends in state court. If they can push to have one lady charged I remain unconvinced that they do not have the ability or political clout to push to have other ladies such as Ms.= charged. The proffered facts that raise my concerns are being provided via this proffer letter. Pursuant to our telephone conference agreement, this letter and its contents cannot be used against Mr. =. Ms.= is not at all certain of dates. She does remember meeting Mr. Epstein about three years ago. She is not certain of her age. it could have been when she was sixteen. A girlfriend asked her if she wanted a job giving massages. Ms.= agreed because she had knowledge of massages through her mother, who was a masseuse. Ms. = went to Mr. Epstein's house via taxi. Ms. girlfriend instructed Ms.=r that, if asked, she had to tell Mr. Epstein that she was eighteen years old. The friend was nineteen years old and looked old for her age, so passing for eighteen was not a problem. At Case No. 08-80736-CV-MARRA P-003730 EFTA00086400 the home Ms.= met Mr. Epstein and later „Tim a massage. The friend had told Ms. to give the message topless. Mr. Epstein told that if she were at all uncomfortable being topless, not to do it and it was not a requirement of employment as a masseuse. Ms. never touched Mr. Epstein in a sexual way and Mr. is. never touched Ms. /et all. At one point, Mr. Epstein did ask Ms. her age. Ms. insisted that she was eighteen years old. Ms. = continued to see Mr. Epstein over time and massages were given in a similar fashion. She was later asked if her friends wanted to work in a similar way and she asked some girls who did give Mr. Epstein massages. Ms.=r was never asked to bring girls of any age to Mr. Epstein's home. When she did have her friends come over, she instructed all of them that if asked, they insist that they were eighteen years old. She is not certain at all of any of these girls' real ages. In summary, our concern is that if the government believes that Mr. Epstein comm itted some federal offense, then Ms.= could he considered a co-conspirator. We believe no crime was committed. The Fifth Amendment was not intended to protect the guilty, however. It was enacted to protect citizens who fear prosecution notwithstanding their innocence. Our fear of any prosecution, especiallyjltt ligh f the Town police chiefs public remarks, is clearly in good faith. Sincer ISENE5R6r--- Case No. 08-80736-CV-MARRA P-003731 EFTA00086401 EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Crimisal trial Lawyer National Board Of Trial Advocacy Certified ethnical Trial Advocate KAI LI ALOE POUTS OneClear lake Centre,Su ite 704,250 Australian Avenue Sou CIL, West Palm Beach, FL 33401 Fax: February 1,2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear I received your letter dated January 24, 2007 with regard to ME= I must admit I forced myself to wait several days to respond in order to "cool off' and not say anything I would regret later. Now that time has passed, allow me to respond appropriately. I. If you want to force Ms. MI to come to the grand jury room to personally invoke her Fifth Amendment ri lts, she will be there. That does remain her position. M onl re uest is that provide I will be there, but I am not It is this type of attitude, that your and Ms. should not have office refuses to accept the fact that it is Ms. decision not to cooperate with the government tkai sets her. Your office fails to recognize that merely corning to court is a problem for like Ms. M: and, under these circumstances, appears to be a waste of time at best and, in her mind, personal harassment. 2. Rest assured that there is no conflict of interest in my representation of Ms. I= In this case I have always been asked and always will exercise independent judgment to follow my client's independent will. The remainder of your questions as to this matter arc really none of the Government's business. 3. 1 will share with you that one of the reasons for our firm position that Ms. will invoke her Fifth Amendment right and choose not to voluntarily cooperate with the Government is our concern that the Government is not exercising independent judgment in this case. The history of this case has been in the newspapers. The case is being prosecuted in State court. Despite the state court prosecution, the Town of Palm Beach Police Chief went on what can only be Case No. 08-80736-CV-MARRA P-003732 EFTA00086402 , Asst. U.S. Attorney February 1, 2007 Page 'Iwo described as a public rampage in the newspaper when the case was not prosecuted to his liking that reminded me of a small child having a public temper tantrum. In my thirty years of experience, T have never seen a law enforcement officer like this publicly make what appeared to be a political ease in the newspaper for a prosecution and publicly criticize anyone who got in his way, including the elected State Attorney. This resulted in a federal investigation on a topic no one remembers the Federal Government ever being interested in prosecuting before. Although I am certain that you personally have not had your decision-making process compromised, the appearance that your office is being influenced by the Town of Palm Beach Police Chief's agenda is very real. Under these circumstances I don't see how any lawyer could advise any client to voluntarily cooperate. Of special concern is that the Town of Palm Beach Police have promoted prosecuting at least one of the girls who allegedly gave massages. One final thought. My client and my fear that Ms. could be prosecuted is enhanced by the demand for the personal appearance made in your letter. Your initial Kastiger letter fell far short of granting the functional equivalent of DOJ immunity. Several months ago I was given the distinct impression through our conversations that you were going to obtain DOJ immunity for Ms. Now the government is changing course for no apparent reason. This leads to speculation that the only reason for the nuriabout is that prosecution in either state or federal court is being considered by someone. directed at you personally. I want to repeat that you have always treated us with office should advise the Town Police Chief to act in a similar fashion. Case No. 08-80736-CV-MARRA P-003733 EFTA00086403 09/06/2006 14:53 FAX USA0 ISPB FL 2001 *** TX REPORT sea TRANSMISSION OK TX/RX. NO 2683 CONNECTION TEL 6592380 SUBADDRESS CONNECTION ID ST. TIME 09/06 14:62 USAGE T 01'00 PGS. SENT 2 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Facsimile . FACSIMILE COVER SHEET TO: JIM EISENBERG; ESO. DATE: September 6. 2006 FAX NO. # OF PAGES: 2 PHONE NO. RE: FROMt PRONE NO. ASSISTANT U.S. ATTORNEY commas; Dear Jim: Here is the copy of the original subpoena that you requested. Also, I confirmed with the secretary who rod the September 8th subpoena that it was signed by AUSA Case No. 08-80736-CV-MARRA P-003734 EFTA00086404 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: JIM EISENBERG, ESQ. FAX NO, PHONE NO. DATE: # OF PAGES: RE: September 6, 2006 2 FROM: PHONE NO. ASSISTANT U.S. ATTORNEY COMMENTS: Dear Jim: Here is the copy of the original subpoena that you requested. Also, I confirmed with the secretary who re ared the September 8th subpoena that it was signed by AUSA As we discussed. does not need to appear before the grand jury until you have had a chance to confer with her and we have spoken and agreed to a mutually convenient date. Thank you for your assistance. Case No. 08-80736-CV-MARRA P-003735 EFTA00086405 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: January 24, 2007 DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Federal Grand Jury Subpoena Dear Jim: A new grand jury has been tided and I have enclosed a new subpoena for= MI. As 1 mentioned earlier, Ms is not a target of this investigation and the United States seeks her testimony solely as a victim/winless. During our last conversation regarding Ms. , you indicated that she was unwilling to speak with us pursuant to a Kastigar letter and that she also was unwilling to speak with the grand jury and intends to invoke the Fifth Amendment if questioned. Please confer with her to confirm whether this remains her position. If it is, please advise in writing. Even if Ms.= is inclined to invoke her Fifth Amendment rights, she must still appear pursuant to the subpoena so that I may ask her questions that would not require the invocation of the Fifth Amendment. If she still invokes, I intend to move to compel her answers. If you or your client is unavailable on February 6, 2007, please let me know of another Tuesday when you are available. I also am concerned about a potential conflict of interest in your representation of Ms. In case of future litigation regarding this issue, please provide me with information regarding who is paying (directly or indirectly) for your services on behalf of Ms. MI, the scope of your representation and whether you are taking direction on this matter from anyone other than Ms. =. If any formal or informal joint defense agreements exist, whether in writing or otherwise, please provide a copy of such agreements. If the agreement is purely oral, please provide a written summary of its terms. Case No. 08-80736-CV-MARRA P-003736 EFTA00086406 JAMES EISENBERG, ESQ. JANUARY 24, 2007 PAGE 2 I look forward to your response. Sincerely, R. Alexander Acosta By: 04 k44 Assistant United States Attorney Case No. 08-80736-CV-MARRA P-003737 EFTA00086407 This subpoena is issued upon application United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-TuesJNo. OLY-13/2 SUBPOENA FOR: PERSON X DOCUMENTS OR OBJECT[SI YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury oftheUniteri States District Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Grand Jury Room DATE AND TIME: February 6, 2007 1:0Oprn* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): ANY AND ALL NOTES, LEVIERS, CARDS, GIFTS, PAYMENTS. AND PHOTOGRAPHS YOU HAVE RECEIVED FROM JEFFREY EPSTEIN ANY AND ALL PHOTOGRAPHS WHETHER PRINTED OR DIGITAL, OF JEFFREY EPSTEIN ANY AND ALL E-MAILS, INSTANT MESSAGES, CHATS, TEXT MESSAGES, VOICEMAILS OR TELEPHONE MESSAGES THAT YOU HAVE SENT TO AND/Oft RECEIVED FROM JEFFREY EPSTELN, *Please coordinate your compliance with this subpoena and confirm the date and time , and location of our a earance with Special Agent Federal Bureau of Investigation, Telephone: This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. DATE: January 23, 2007 Narns_Address and Phone Number of Assistant U.S. Attorney Ann= C. Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach FL 33401.6235 Fax: (561) 802-1787 nr not applicable, cola None. To In teal a acv ofA0110 Case No. 08-80736-CV-MARRA saw ORD-227 P-0001788 EFTA00086408 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: February 5, 2007 DELIVERY BY HAND Ms. do James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Grand Jury Testimony of Dear Ms. M: This letter confirms the understanding between yourself and the United States Attorney's Office for the Southern District of Florida. You have represented that you will truthfully answer questions of the federal government in its investigation of the procurement of prostitutes, amongst others. You will supply complete and truthful information to the attorneys and law enforcement officers of the federal government and to any Federal Grand Jury which may conduct an investigation, as welt as in any other proceeding related to or growing out of this investigation. The obligation of truthful disclosure includes your obligation to provide the attorneys and law enforcement officers of the federal government with any documents, records or other tangible evidence within your custody or control relating to the matters about which you are questioned. You will neither attempt to protect any person or entity through false information or omission, nor falsely implicate any person or entity. No statements provided by you on this date in this matter pursuant to this agreement will be offered into evidence in any criminal case against you, except during a prosecution for perjuryand/or giving a false statement. However, if it is determined that you have materially violated any provision of this agreement, all statements made by you shall be admissible in evidence against you in any proceeding. The federal government remains free to use information derived from the grand jury testimony directly or indirectly for the purpose of obtaining leads to other evidence, which may be used against you. You expressly waive any right to claim that such evidence should not be introduced because it was obtained as a result of the grand jury testimony. Furthermore, the federal government may use statements made in the grand jury testimony and all evidence derived directly or indirectly therefrom for the purpose of cross-examination, if you testify at any trial or if you Case No. 08-80736-CV-MARRA P-003739 EFTA00086409 Ms. FEBRUARY 5, 2007 PAGE 2 suborn testimony that contradicts your prior statements and testimony. No additional promises, agreements and conditions have been entered into other than those set forth in this letter and none will be entered into unless in writing and signed by all parties. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney I have read this agreement and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my agreement with the office of the United Stales Attorney for the Southern District of Florida. I state that there have been no additional promises, agreements or representations made to me by any officials of the United States in connection with this matter. Dated: February 2007 West Palm Beach, Florida Witnessed by: James L Eisenber Es • Attorney for Case No. 08-80736-CV-MARRA P-003740 EFTA00086410 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Dear Mr. Eisenberg: 500 South Australian Ave., Suite 400 West Palm Beach, Ft 33401 Facsimile: February 5, 2007 I am writing to clarify the ground rules for the interview with your client, ("your client"), to occur February , 2007. As I mentioned earlier, Ms. is not a target or subject of this investigation, but instead is being interviewed solely as a victim/witness. However, to address your concern about criminal exposure, if your client complies with every provision of this agreement, then the United States Attorney's Office for the Southern District of Florida ("this Office") will treat all statements made by your client during the interview as statements made pursuant to Rule 11(0 of the Federal Rules of Criminal Procedure. This is not a grant of immunity, which can be given only with approval of the Justice Department, but protects your client from having the statements made by her during the interview from being used against her directly. To guard against any misunderstandings concerning the interview of your client, this letter sets forth the terms of this agreement. Your client agrees to be fully interviewed, that is, to provide information concerning your client's knowledge of, and participation in criminal activity, including but not limited to the procurement of prostitutes. The protection of this letter applies to an interview that will be conducted by this Office, Special Agents of the Federal Bureau of investigation, and any other federal law enforcement agency this Office may require. Under this agreement, no information disclosed by your client during the interview will be offered in evidence against her in any criminal or civil proceeding, provided that your client complies with this agreement and that the information your client furnishes is truthful, complete, and accurate. I f, however, your client gives materially false, incomplete, or misleading information, Case No. 08-80736-CV-MARRA P-003741 EFTA00086411 JAMES L. EISENBERG, ESQ. RE: FEBRUARY 2, 2007 PAGE 2 then this Office may use such information in any matter or proceeding and your client is subject to prosecution for perjury, obstruction of justice, and making false statements to government agencies. Any such prosecution may be based upon information provided by your client during the course of the interview, and such information, including your client's statements, will be admissible against your client in any grand jury or other proceeding. The government also may use statements made by your client in the interview and all evidence derived directly or indirectly therefrom for the purpose of impeachment or cross-examination if she testifies at any trial or hearing, and/or in any rebuttal case against your client in a criminal trial in which she is a defendant or a witness. These provisions are necessary to ensure that your client does not make or offer any false representation or statement in any proceeding or to a government agency or commit perjury during any testimony. Your client further agrees that attorneys for the United States may be present at the interview, and agrees not to seek disqualification of any such govermnent attorney from any proceeding or trial because of their participation at the interview. The entire agreement between the United States and your client is set forth in this letter. No additional promises, agreements, or conditions have been entered into and none will be entered into unless in writing and signed by all parties. If the foregoing accurately reflects the understanding and agreement between this Office and your client, it is requested that you and your client execute this letter as provided below. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney have received this letter from my attorney, James L. Eisenberg, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my understanding and agreement with the Office of the United States Attorney for the Southern Case No. 08-80736-CV-MARRA P-003742 EFTA00086412 JAMES L. EISENBERG, ESQ. RE: FEBRUARY 2, 2007 PAGE 3 District of Florida. I state that there have been no additional promises or representations made to me by any official of the United States Government or by my attorney in connection with this matter. Dated: Witnessed by: James L. Eisenberg, Esquire Case No. 08-80736-CV-MARRA P-003743 EFTA00086413 U.S. Department of Justice Authorization for Reimbursement of Unusual Expenses of Fact Witnesses Request for Unusual Expense(s) of Fact Witness (For United States Attorney's Office Use Only) 1. Case Name 9. Payment to be made to: 4. Lbcatlonof Court task Pole-n 2. Court Docket Number 5. Contact Person Control if • 3. Requesting AUSA 6, contact Person Number 8. Vendor Name & Address. Phone #, TIN/SSN 10. Receiptfinvolce Is: 11. Type of Unusual Expense: El Medically Necessary Item (Attached Supporting Statement) • Excess Lodging/Per Diem Ei Travel & Transportation • Pretrial Conference Waiver • Other 12. Explanation: 1 13. Start Date of Service (MO/DA/YR) 14. End Data of Senile. (MOIDANR) 15. Amount 2-A/O 7 1 24 /0 7 16. Justification: 17. I hereby certify that the eXpenses and services listed on thls document are appropriate and are within the Federal laws and regulations. I fully understand that I can be held personally liable or be subject to disciplinary action for improperly using government funds or services that exceed delegated authority or that violate Federal laws or regulations. Signature of Requesting AUSA Date 18. Name & Title of Approving Official 19. Date (MO/DA/YR) 20. Signature of Approving Official UfVVE Form Case No. 08-80736-CV-MARRA P-003744 EFTA00086414 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400. West Palm Beach. Florida 3340) Facsimile- FACSIMILE COVER SHEET TO: JIM EISENBERG E_SQ. DATE: February 5, 2007 FAX NO. PHONE NO. # OP PAGES: FROM: ASSISTANT U. S . ATTORNEY PHONE NO. COMMENTS: 3(1/1_- &at- °L4191-fr\k' -61r ougar&cLau ' V IA P i t 'an t_ I t itifft attia 1 1'6 ffidgAgr. Case No. 08-80736-CV-MARRA P-003745 EFTA00086415 EISENBERG & FOUTS, P.A. ATTORNEYS AT LAW JAMES L. EISENBERG Suitt 704. Oat Cleartake Centre 250 Australian Avenue So. Wen Palm Beach. FL 33401 BOARD CERTIFIED CRIMINAL TRIAL LAW5'ER 561-659-2009 Fax Case No. 08-80736-CV-MARRA P-003746 EFTA00086416 EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Cele°Iasi Trial Lawyer National Board Of Trial Advocacy Certified Criminal Trial Advocate KAI LI ALOE FOUTS One Clearlake Centre, Suite 704, 250 Australian Avenue South, West Palm Bach, FL 33401 Fax September 21, 2006 , Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear Please allow me to confirm my latest e-mail to you. I did receive your e-mail of last week with attachments and passed them on to my client. At this time, I can only say that my client does not want to do eit of your suggestions. She does not want to give a statement under the immunity ed with its Kastigar exception and she does not want to testify before the grand jury 5" Amendment grounds. With this client, I am sorry, but I must have a formal grant e she will say anything. I GOVERNMENT EXHIBIT 2 Case No. 08-80736-CV-MARRA P-000146 EFTA00086417 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NOR 1HERN (WEST PALM BEACH) DIVISION FGJ 07-103(WPB) IN RE: GRAND JURY PROCEEDINGS SEALED ORDER On Application of the United States Attorney for the Southern District of Florida, and it appearing to the satisfaction of the Court: 1. That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida, including a Grand Jury itnpanelled therein; and 2. That in the judgment of the said United States Attorney, has refused to testify and provide other information on the basis of her privilege against self-incrimination; and 3. That in the judgment of the said United States Attorney, the testimony and other information from may be necessary to the public interest; and 4. That the aforesaid Application has been made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses G `EXH QVERNMIENT IBTir EFTA00086418 provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, including a Grand Jury impaneled therein, as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this Order (or any information directly or indirectly derived from such testimony or other information) may be used against •M in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. IT IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed. Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order to members of the Grand Jury, to the witness, to counsel for the witness, and to law enforcement officers engaged in the investigation pending before the Grand Jury. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others. DONE and ORDERED this AC day of April, 2007t Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: AUSA 2 EFTA00086419 Case 9:08-cv-80736-KAM Document 212 Entered on FLSD Docket 07/19/2013 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Matthewman JANE DOES #1 AND #2, l'et itioners, v . UNITED STATES OF AMERICA, Respondent. UNITED STATES' NOTICE OF FILING PRIVILEGE LOG Pursuant to the Court's June 18, 2013 Omnibus Order (DE 190), the Respondent, United States of America, by and through the undersigned Assistant United States Attorney, hereby gives notice of its filing of its Privilege Log, which is attached hereto. The documents referenced in the Privilege Log are being delivered today to the Chambers of U.S. District Judge Kenneth A. Marra for ex pane in camera review, pursuant to the Court's Omnibus Order. Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By: Assistant United States Attorney Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 Telephone: Facsimile: GOVERNMENT EXHIBIT • • EFTA00086420 Case 9:08-cv-80736-KAM Document 212 Entered on FLSD Docket 07/19/2013 Page 2 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 19, 2013,1 electronically filed the foregoing document with the Clerk of the Court using CM/ECF. According to the Court's website, counsel for all parties are able to receive notice via the CM/ECF system. Assistant United States Attorney SERVICE LIST Jane Does 1 and 2 v. United States, Case No. 08-80736-C1V-MARRA/MATTHEWMAN United States District Court, Southern District of Florida Fort Lauderdale FL 33301-3268 Fax: Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake Ci Utah 84112 Fax: (801) 585-6833 E-mail: Attorneys for Jane Doe # 1 and Jane Doe # 2 2 EFTA00086421 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 1 of 23 PRIVILEGE LOG Bates Range Description Privilege(s) Asserted Box #1 P-000001 thru P-000039 File folder entitled "CORR RE GJ SUBPOENAS" containing correspondence related to various d jury subpoenas and attorney handwritten notes 6(e) Work Product Box #1 P-000040 thru P-000549 Operation Leap Year Grand Jury Log containing subpoenas OLY-01 through OLY-81, correspondence and research related to enforcement of same, documents produced in response to some subpoenas; and attorney (la handwritten notes 6(e) Work Product Contains documents subject to investigative privilege Also contains documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-000550 thru P-000621 File folder entitled "Ritz Compact Flash SW" containing copies of a sealed search warrant application, warrant, and supporting documents 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-000622 thru P-000693 File folder entitled "PNY Technologies Compact Flash SW" containing copies of a sealed search warrant application, warrant, and supporting documents 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-000694 thru P-000781 File folder entitled "JE Corporations" containing attorney research on Epstein-owned corporations and prior litigation Work Product Contains information subject to investigative privilege Box #1 P-000782 thru P-000803 File folder entitled "Capital One" containing subpoena and correspondence 6(e) Box #1 P-000804 thru P-000854 File folder entitled "DTG Operations/Dollar Rent-a-Car" containing subpoena and responsive documents 6(e) Contains documents and information subject to investigative privilege Also contains documents and information subject to privacy rights of victims who are not parties to this litigation Page 1 of 23 EFTA00086422 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2.013 Page 2 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-000855 thru P-000937 File folder entitled "JP Morgan Chase" containing subpoena, correspondence, and responsive documents 6(e) Contains documents and information subject to investigative privilege Box #1 P-000938 thru P-000947 File folder entitled "Washington Mutual" containing subpoena, correspondence, and responsive documents 6(e) Contains documents and information subject to investigative privilege Box #1 P-000948 thru P-000982 File folder entitled "Computer Search &" containing legal research on computer search and handwritten notes on indictment preparation Work Product Attorney-Client Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-000983 thru P-001007 File folder entitled "Attorney Notes from Document Review" containin typed and handwritten attorney notes, target letters, correspondence re grand jury subpoena Work product 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-001008 thru P-001056 "Notes Worts Product 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation File folder entitled from Fed Ex Records" cor.stisin handwritten and typed attorney ( notes and screen shots of FedEx subpoena response electronic file Box #1 P-001057 thru P-001959 File folder entitled "Colonial Bank Records" containing records received in response to grand jury subpoena 6(e) Contains information subject to investigative privilege Box #1 P-001960 Thru P-002089 File folder entitled "OLY Grand Jury Log Vol 2: OLY-51 THROUGH" containing subpoenas numbered OLY-51 through OLY-81 with related correspondence 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Page 2 of 23 EFTA00086423 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 3 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-002090 Thru P-002169 File folder entitled "Epstein Corporate Records: OLY-51, OLY-52, OLY-53, OLY-54" containing subpoenas, records received in response to subpoenas, and related correspondence 6(e) Contains information and documents subject to investigative privilege Box #1 P-002170 Thru P-002246 File folder entitled "Colonial Bank" containing subpoenas, correspondence related to subpoenas, records received in response to subpoenas 6(e) Contains information and documents subject to investigative privilege Box #1 P-002247 Thru P-002265 File folder entitled "JEGE & Hyperion from Goldberger OLY-46 & OLY-47" containing documents received in response to subpoenas 6(e) Contains information and documents subject to investigative privilege Box #1 P-002266 Thru P-002386 Indictment preparation binder containing: Grand jury subpoena log, evidence/activity summary ch witness/victim names and contact list, attorney handwritten notes, 302s, ail s of state investigative file, attorney typed notes, of individuals listed as "Additional victims" Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-002387 Thm P-002769 Indictment preparation binder containing: Grand jury subpoena log, evidence/activity summary ch witness/victim names and contact list, attorney handwritten notes, 302s, in Rion of state investigative file, attorney typed notes, relevant pieces of grand jury materials, telephone records/flight records analysis charts, victim/witness photographs, DAVID records, NCICs, and related materials for persons identified as Jane Does #15, 16, 17, 18, 19, Past Employees, Misc. Witnesses Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P4)02770 Thru P-003211 Indictment preparation binder containing: witness/victim list with identifying information, sexual activity sumselephone call summary chart, attorney handwritten notes, 3fats. ions of state investigative file, attorney ( typed notes, relevant pieces of grand jury materials, telephone records/flight records analysis charts, victim/witness photographs, DAVID records, NCICs, and related materials for persons identified as Jane Does #1, 2, 3, 4, 5, 6, 7, 8 Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 3 of 23 EFTA00086424 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 4 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-003212 Thru P-003545 Indictment preparation binder containing meta- analysis charts of telephone/flight/grand jury information for a number of victim/witne s, Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation and Box #1 P-003546 Thru P-003552 FBI Reports of March 2008 interviews of additional witness/victim located in New York Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-003553 Thru P-0035558 Printout of filenames from Federal Express subpoena response with Attorney notations Work product 6(e) Box #1 P-003556 Thru P-003562 Document entitled "Identified Numbers" with accompanying handwritten attorney list compiled from grand jury materials and attorney analysis of records Work product 6(e) Contains information subject to investigative privilege Box #1 P-003563 Thru P-003629 Folder entitled "Flight Manifests" containing manifests received pursuant to grand jury subpoena 6(e) Contains information and documents subject to investigative privilege Box #1 P-003630 Thru P-003633 File folder entitled "Recent AttonStes" containing handwritten attorney ) notes regarding document review and case strategy Work product 6(e) Investigative privilege Deliberative process Box #1 P-003634 Thru P-003646 File folder bearing victim name containing FBI interview report from May 2008 tele one activity report with attorney ) handwritten notes, related grand jury material Work product Attorney-client privilege 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 4 of 23 EFTA00086425 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 5 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-003647 Thru P-003651 File folder entitled "Summary of Sexual Activity" containing chart bearing handwritten title "Sexual Activity — Summary" with meta-analysis of information, sorted by name of each victim/witness, including name and identifying information of each victim/witness Work product 6(e) Investigative privilege Deliberative process Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-003652 Thru P-003663 File folder entitled "Victim Civil Suits" Not privileged. Produced to counsel for Petitioners Box #1 P-003664 Thru P-003678 File folder entitled "Research re JE Websites" containing attorney research Work product Box #1 P-003679 Thru P-003680 File folder entitled (N.Y. AUSA)" containing attorney I I handwritten notes Work product Box #1 P-003681 Thru P-003687 File folder entitled "Dr. " containing Work product Investigative privilege attorney a) memo to expert witness and handwritten attorney notes Box #1 P-003688 Thru P-003693 File folder entitled "I[j GO Interview" containing attorney handwritten notes of interview, and attorney handwritten notes regarding potential charges Work product Investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 P-003694 Thru P-003711 File folder entitled "Research re Travel for Prostitution" containing attorney a handwritten notes regarding grand jury presentation, chart entitled "Brought to Epstein's House" with handwritten notes, Message Pad meta-analysis chart, summary of evidence related to one victim/witness, and relevant grand jury information Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-003712 Empty file folder bearing name of victim/witness Investigative privilege Also contains information subject to privacy rights of victim who is not a party to this litilation Page 5 of 23 EFTA00086426 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 6 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-003713 Thru P-003746 File folder entitled "TO MO" containing grand jury subpoenas, motion and order to compel testimony, and correspondence regarding same 6(e) Documents under seal pursuant to court order Box #1 P-003747 Thru PM03751 File folder entitled' 'containing 6(e) subpoena and correspondence regarding same Box #1 P-003752 Thru P-004295 File folder entitled "PBPD Investigative File" obtained via subpoena 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-004296 Thru P-004350 File folder bearing name of victim/witness containing meta-analysis chart showing telephone calls, travel, and grand jury materials relevant to possible charges Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not es to this liti ation Box #1 P-004351 Iliru P-004381 File folder entitled Documents Work product 53909-004" containing attorney research related to bias issue Box #1 P-004382 Thru P-004478 File Folder entitled "FEDEX" containing documents obtained via subpoena 6(e) Investigative privilege Box #1 P-004479 Thru P-004551 File Folder entitled "State of Delaware Records" containing documents obtained in preparation for indictment 6(e) Investigative privilege Work product Box #1 P-004552 Thru P-004555 File folder entitled "Jet Blue Records" containing documents obtained via subpoena 6(e) Work product Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-004556 Thru P-004560 File folder entitled "FL EMPLOYMENT RECORDS" containing FDLE records on targets and witnesses obtained at attorney request Investigative privilege Work product Page 6 of 23 EFTA00086427 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 7 of 23 Bates Ran e Descri don Privil s Asserted Box #1 P-004561 Thru P-004565 Filed folder entitled " containing attorney handwritten notes of interview Work product Investigative privilege Box #1 P-004566 Thru P-004716 File folder entitled 6(e) Work product Investigative privilege Also contains information and documents subject to privacy rights of victims who are not ies to this liti tion RECORDS 23-0001 THROUGH 23-" containing documents obtained via subpoena Box #1 P-004717 Thru P-004722 File folder entitled " Work product Investigative privilege containing attorney research regarding witness Box #1 P-004723 Thru P-004725 File folder entitled "BEAR STEARNS RESEARCH" containing attorney research regarding potential witness and subpoena recipient Work Product Investigative privilege Box #1 P-004726 Thru P-004819 File folder entitled "LAWSUITS INVOLVING EPSTEIN CORP'S" containing attorney research regarding Epstein's past personal and business liti ative practices Work Product Investigative privilege Box #1 P-004820 Thru P-004959 Filed folder entitled "SEC RECORDS" containing attorney research regarding Epstein financial relationships Work Product Investigative privilege Box #1 P-004960 Thru P-005059 File folder entitled "Message Pads" containing selected items from evidence obtained via subpoena Work Product 6(e) investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005060 Thru P-005081 File folder bearing name of victim/witness containing correspondence with counsel for victim/witness, attorney witness outline with attorney handwritten notes, attorney handwritten notes regarding witness reports and case preparation Work Product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005082 Thru P-005083 File folder entitled "New York Trip" containing attorney notes re witness interview Work product Investigative privilege Page 7 of 23 EFTA00086428 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 8 of 23 Bates Range Description Privilege(s) Asserted P-005084 thru P-005107 are non responsive documents and have been removed Box #1 P-005108 Thru P-005193 File folder entitled " containing Work product Investigative privilege attorney research on select expert, use of experts at trials in child exploitation cases, and additional research materials on offenders and victims Box #1 P-005194 Thru P-005300 File folder entitled "Extra Copies" containing meta-analysis chart and 302's of victim/witnesses used in preparing indictment package Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not rties to this liti ation Box #1 P-005301 Thru P-005331 File folder entitled 6(e) Investigative privilege STATEMENT" containing transcript obtained via subpoena Box #1 P-005332 Thru P-005341 File folder entitled' containing Work product Investigative privilege attorney research on select expert, including attorney handwritten notes Box #1 P-005342 mm P-005387 File folder entitled "Info re Planes" containing correspondence regarding subpoenas and documents received in response to subpoenas 6(e) Investigative privilege Box #1 P-005388 Thru P-005442 File folder entitled "Police Reports & PC Affidavit" containing portions of police reports with attorney notes, related phone records, a list entitled "Victims" with identifying information and attorney handwritten notes, photographs and DAVID information, and additional attorney research regarding Epstein sexual activity Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005443 Thru P-005496 File folder entitled "[Victim name] Transcript of Interview & GJ Transcript" 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 P-005497 Thru P-005556 File folder entitled "Bear Steams Subpoena Resp." containing material received in response to subpoena . 6(e) Investigative privilege Page 8 of 23 EFTA00086429 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 9 of 23 Bates Range Description Privilege(s) Asserted Box #1 P-005557 Thru P-005576 U.S. Attorney's Office Criminal Case File Jacket containing file opening documents, expert witness payment documents Work product Deliberative process Box #1 P-005578 Thru P-005583 U.S. Attorney's Office Asset Forfeiture Case File Jacket containing file opening and file closing documents Work product Deliberative process Box #1 P-005584 Thru P-005606 File folder entitled "6001 Immunity Request" containing internal memoranda seeking witness immunity and correspondence with counsel for witness regarding same 6(e) Work product and deliberative process (as to internal memoranda) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-005607 Thru P-005914 File folder entitled "MASTER PHONE RECORDS" containing meta-analysis of all phone, travel, and grand jury data for all victim/witnesses for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-005915 Thru P-005977 File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-005978 Thru P-006050 File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006051 Thru P-006065 File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation grand jury data related to that victim/witness for indictment preparation Page 9 of 23 EFTA00086430 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 10 of 23 Bates Range Description Privilege® Asserted Box #2 P-006066 Thru P-006220 File folder entitled "JANE DOE #4" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006221 Thru P-006222 File folder entitled ""JANE DOE #12" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006223 Thru P-006522 File folder entitled "CORRECTED PHONE RECORDS 5/31/07" containing meta-analysis of all phone, travel, and grand jury data related to all victims/witnesses for indictment preparation Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006523 Thru P-006802 File folder entitled "[Victim Name] Phone Records" containing telephone records received in response to subpoena Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006803 Thu P-006860 File folder entitled "Lists of Identified Phone Numbers" containing charts of information culled from grand jury materials, interviews, and other investigation, with attorney handwritten notes, and information to issue follow-up grand jury subpoena Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-006861 Thru P-007785 File folder entitled "EPSTEIN. CELL PHONE RECORDS" containing documents received via subpoena with attorney handwritten notes and highlighting Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 10 of 23 EFTA00086431 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 11 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-007786 Thru P-008120 Folder entitled "OLY GRAND JURY LOG: OLY-01 THROUGH OLY-50" containing subpoenas, correspondence regarding same, 6(e) letters, attorney handwritten notes regarding records received in response to subpoenas Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-008121 Thru P-008139 Handwritten flight logs received in response to subpoena 6(e) Investigative privilege Box #2 P-008140 Thru P-008298 Grand jury presentation folder containing attorney handwritten notes, typed outline with additional handwritten notes, complete indictment package dated 2/19/2008, victim list with identifying information, photographs, and summary of activity Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 P-008299 Thru P-008363 File folder entitled "FINAL AGREEMENTS" containing subfolder entitled "Agrints Filed in State Court" (P-008300-P-008327 [not being withheld as privileged — have been produced to opposing counsel]); signed Non-Prosecution Agreement, Addendum, and operative portion of 12/19/2007 nAcosta letter (P-008328-P- 008343 [not being withheld as privileged — have been produced to opposing counsagiubfolder entitled "12/19/07 Acosta- Ltr" containing unredacted copies of that letter (11- 008344-P-008363 [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stay by 11d' Circuit Box #2 P-008364 Thru P-008382 File folder entitled Immunity Request" containing internal memoranda, Justice Department documentation, and subpoena regarding immunity request 6(e) Work Product Deliberative Process Investigative privilege Box #2 P-008383 Thru P-008516 File folder containing March 18, 2008 grand jury presentation materials, including "Operation Leap Year Revised Indictment Summary Chart (by victim)," grand jury materials, draft indictments, victim reference list, grand jury subpoena log Work product 6(e) Investigative privilege Deliberative process Also contains information and documents subject to privacy rights of victims who are not esti: g liislitiation Page 11 of 23 EFTA00086432 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 12 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-008517 Thru P-008535 6/25/2007 Letter from Gerald Lef urt to and [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stay by I Ith Circuit] Box #2 P-008536 Thru P-008542 Handwritten attorney notes to prepare for interview of Jane Doe #2 Work product Investigative Privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008543 Thru P-008549 Handwritten attorney notes regarding May 8, 2007 grand jury presentation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008550 Thru P408615 File folder entitled "Most Recent Indictment & Good Cases" containing draft indictment and legal research Work product 6(e) Investigative privilege Deliberative process Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008616 Thru P-008686 File folder entitled "FBI Summary Charts" containing chart prepared at direction of AUSA, containing victim names, identifying information, summary of activity, and other information relevant to indictment Work product Attorney-Client Privilege 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008687 Thru P-008776 File folder entitled "[Victim name]/Jane Doe #4" containing phone records and meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information and documents subject to privacy rights of victims who are not parties to this suit Box #2 P-008777 Thru P-008808 File folder entitled "[Victim name]/Jane Doe #5" containing handwritten notes and meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Page 12 of 23 EFTA00086433 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 13 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-008809 Thru P-008847 File folder entitled "[Victim name]/Jane Doe #6" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008848 Thru P-008862 File folder entitled "[Victim name]/Jane Doe #7" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008863 Thru P-008890 File folder entitled "[Victim name]/Jane Doe #8" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-008891 Thru P-009103 File folder entitled "Certified Copy of State Case" containing certified copy of Epstein state criminal cases and change of plea transcript [not being withheld as privileged — copy provided to opposing counsel] Box #2 P-009104 Thru P-009111 File folder entitled "Meeting Timeline" containing typed notes summarizing meetings with opposing counsel prepared at request of R. Alexander Acosta, with handwritten correction and typed guideline estimate Work product Deliberative process Box #2 P-009112 Thru P-009113 11/26/2008 Email from Ro Black to and m Jeffrey Epstein (work release) [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stab 11th Circuit Box #2 P-009114 Thru P-009115 7/3/2008 Email from to at PBSO re Epstein work release with attachment [not being withheld as privileged — produced too sin counsel Box #2 P-009116 Thru P-009125 12/6/2007 Letter from to Jay P. Lefkowitz re Jeffrey Epstein (victim notification) [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stay by 11th Circuit]) Page 13 of 23 EFTA00086434 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 14 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-009126 Thru P-009134 File folder entitled "[Victim name]/Jane Doe #9" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009135 Thru P-009141 File folder entitled "[Victim name]/Jane Doe #13" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009141A Thru P-009141C File folder entitled "[Victim name]/Jane Doe #12" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product . 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not arties to this suit Box #2 P-009142 Thru P-009152 File folder entitled " ' Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not ies to this suit containing meta-analysis of all phone, travel, and grand jury data related to that individual for indictment preparation Box #2 P-009153 Thru P-009156 File folder entitled ' Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit containing meta-analysis of all phone, travel, and grand jury data related to that individual for indictment preparation Box #2 P-009157 Thru P-009208 File folder entitled "[Victim name]/Jane Doe #1" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009209 Thru P-009213 File folder entitled "[Victim name]/Jane Doe #2" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Page 14 of 23 EFTA00086435 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 15 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-009214 Thru P-009271 File folder entitled "[Victim name]/Jane Doe #3" containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparation Work product 6(e) Investigative privilege Contains information subject to privacy rights of victims who are not parties to this suit Box #2 P-009272 Thru P-009354 File folder entitled "Purpose of Travel faces" containing attorney research and handwritten notes Work product Box #2 P-009355 Thru P-009403 File folder entitled "Interstate Commerce Cases" containing attorney research and handwritten notes Work product Box #2 P-009404 Thru P-009536 File folder entitled "Attorney Conflict Research" containing attorney research and handwritten notes Work product Box #2 P-009537 Thru P-009574 File folder entitled "Mann Act/Travel to Have Sex w/Minor containing attorney research and handwritten notes Work product Box #2 P-009575 Thru P-009603 File folder entitled "Travel Act" containing attorney research and handwritten notes Work Product Box #2 P-009604 Thru P-009711 File folder entitled "Florida Prostitution/Lewdness Statutes" containing attorney research and handwritten notes Work Product Box #2 P-009712 Thru P-009819 Booklet entitled "Attorney General Guidelines for Victim and Witness Assistance" [not being withheld as privileged — produced to opposing counsel) Box #2 P-009820 Thru P-009965 File folder entitled "Corporate Liability Itsrch" containing attorney research and handwritten notes Work Product Box #2 P-009966 Tim P-010096 File folder entitled "Research re Knowledge of Age Unnecessary" containing attorney research and handwritten notes and copy of grand jury subpoena Work Product 6(e) Page 15 of 23 EFTA00086436 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 16 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-010097 Thru P-010276 File folder entitled "Money Laundering" containing attorney research and handwritten notes Work Product Box #2 P-010277 Thru P-010394 File folder entitled "1960 & Aiding/Abetting" containing attorney research and handwritten notes Work Product Box #2 P-010395 Thu P-010488 File folder entitled "18 USC § 2255 Cases" containing attorney research and handwritten notes Work Product Box #2 P-010489 Thru P-010509 File folder entitled "Research re Overt Acts & Witness Testimony" containing attorney research and handwritten notes Work Product Box #2 P-010510 Thru P-010525 File folder entitled "Extradition" containing attorney research and handwritten notes Work Product Box #2 P-010526 Thru P-010641 File folder entitled "Rsrch re Crime Victims Rights" containing attorney research, handwritten notes, draft victim notification letter, and draft correspondence to Jay Lefkowitz (Also contains a November 28 2007 letter from Kenneth Starr to , and a November 29, 2007 letter from Jay Lefkowitz to R. Alexander Acosta (P-010528 thru P-010530 and P410556 thru P-010559). Pursuant to the Court's Order, these will be produced to opposing counsel upon lift of stay by 11th Circuit) Work Product Deliberative Process Box #2 P-010642 Thru P-01650 File folder entitled "immunity" containing attorney research on granting immunity to witnesses Work Product Box #2 P-010651 Thu P410659 File folder entitled "Research re G.J. Transcript" containing attorney research and draft pleadings re compelling production of grand jury transcript with subpoena Work Product 6(e) Deliberative process Box #2 P-010660 Thru P-010757 File folder entitled "Research re O1 Transcript" containing grand jury subpoena, 6(e) letters, attorney research and correspondence related to subpoena Work Product 6(e) Page 16 of 23 EFTA00086437 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 17 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-010758 Thru P-010793 File folder entitled "Original Proposed Ind." containing draft indictment Work Product 6(e) Deliberative process Box #2 P-010794 Thru P-010829 File folder entitled "Epstein" containing sample indictments and attorney research re potential charges with attorney notes Work Product Box #2 P-010830 Thru P-010853 File folder entitled "1591 & Money Laundering" containing attorney research and handwritten notes Work Product Box #2 P-010854 Thru P-010876 File folder entitled "18 USC 2425" containing attorney research and handwritten notes Work Product Box #2 P-010877 Thru P-010920 File folder entitled "Knowledge of Age" containing attorney research and handwritten notes Work Product Box #2 P-010921 Thru P-011049 File folder entitled "2423(b) Constitutionality and Purpose of Travel" containing attorney research and handwritten notes Work Product Box #2 P-011050 Thru P-011212 File folder entitled "Mistake not a Defense" containing attorney research and handwritten notes Work Product Box #2 P-011213 Thru P-011237 File folder entitled "Research re `Pandering'" containing attorney research and handwritten notes Work Product Box #2 P-011238 Thm P-011319 File folder entitled "Research re Grand Jury Instructions" containing attorney research and handwritten notes Work Product 6(e) Box #2 P-011320 Thru P-011361 File folder entitled "Telephone = Facility of Commerce" containing attorney research and handwritten notes Work Product Box #2 P-011362 Thru P-011374 File folder entitled "Def of Prostitution" containing attorney research and handwritten notes Work Product Page 17 of 23 EFTA00086438 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 18 of 23 Bates Range Description Privilege(s) Asserted Box #2 P-011375 Thru P-011456 File folder entitled "Relevant Florida Statutes" containing attorney research and handwritten notes Work Product Box #2 P-011457 Thru P-011626 File folder entitled "Unit of Prosecution Research" containing attorney research and handwritten notes Work Product Box #3 P-011627 Thru P-011662 File folder entitled "Attorney Notes" containing attorney handwritten and typed notes Work Product Box #3 P-011663 Thru P-011698 and P-012189 thru P-4112361 (gap was scanning error) File folder entitled "Drafts" containing draft indictments with attorney handwritten notes, draft internal memoranda, relevant witness interview reports and grand jury material and attorney handwritten notes 6(e) Work Product Deliberative Process Investigative Privilege Contains information subject to privacy rights of victims who are not parties to this Box #3 P-011699 Thru P-011777 File folder entitled "6/9/09 Signed Indictment" containing signed indictment package dated 6/9/2009 with corrections 6(e) Work product Deliberative process Box #3 P-011778 'Mu P-011788 File folder entitled "6/12/09 Victim Notif. Log" containing chart with victim contact information and attorney notes regarding dates and type of contacts Work product Box #3 P-011789 Thru P-011879 File folder entitled "Breach Memo" containing memorandum analyzing breach of Non- Prosecution Agreement with attachments Work product Deliberative process Box #3 P-011880 ThIll P-011922 File folder entitled "Overt Act Lists" containing handwritten notes cross-checking all overt acts alleged in draft indictment by victim and typed overt act summary charts for indictment preparation Work product Attorney-client privilege Deliberative process 6(e) Page 18 of 23 EFTA00086439 Case 9:08-cv-80736-KAM Document 212-1 Entered on FLSD Docket 07/19/2013 Page 19 of 23 Bates Range Description Privilege(s) Asserted Box #3 P-011923 Thru P-011966 Folder entitled "Responses to Arguments from JE Counsel" containing: Work