Text extracted via OCR from the original document. May contain errors from the scanning process.
Florida Office
Bradley J. Edwards •01
Seth M. Lehrman "1-
Brittany N. Henderson *0
Matthew D. Weissing
airy)
!La I:
EDWARDS
POTTINGER LLC
The Honorable Audrey Strauss
United States Attorney for the
Southern District of New York
do
425 North Andrews Avenue
Suite 2
Fort Lauderdale, FL 33301
July 8, 2021
New York Office
J. Stanley Pottinger
f Admitted in CIWOCIIS
0 Admitted in Distem of Columba
• Admitted m ?lin&
f Admitted in Nov Yea
Bond Certified cma Thal lawyer
Re:
Re i m
iest for Tangible and Documentary Evidence (Touhy Request)
Doc v. Darren K. I ndyke, et at, SDNY Case No. 1:19-cv-07772
Dear Mr.
To follow up to our October 15, 2020 and October 21, 20201 letters, we again request documentary
and tangible evidence currently in the in the possession, custody, and control of the Department of
Justice by way of the Southern District of New York relating to the sexual abuse of one of Jeffrey
Epstein's many victims,
Doe? See United States ex rel. Touhy v. Ragen, 340 U.S. 462
(1951). We make this written request pursuant to the Touhy regulations codified as 28 C.F.R. §
16.21 et seq. (a copy of ow October 15 and 21, 2020 letters, FedEx receipt and proof of email
service are attached hereto).
As stated in our prior letters, please contact us should you find any deficiencies in this request, and
we will do what is necessary to correct any such shortcomings.
Doe was repeatedly sexually assaulted and trafficked by prolific pedophile and rapist,
Jeffrey Epstein, from 2006 through 2013. Throughout the years of abuse, Epstein purchased a
number of commercial flights, provided housing, and purchased a number of items of value for
Doe, record of which we believe is currently in the Government's possession as a result
1 Our October 21, 2020 letter identified our client aS
2 To protect her anonymity, our client has elected to proceed as a
to her herein using the pseudonym under which she has filed her lawsuit.
Doe. As such, we have referred
EFTA00090476
The Honorable Audrey Strauss
July 8, 2021
Page 2
of the investigation that was conducted into Epstein's criminal activity relating to the sexual abuse
of minor children. Given the highly relevant nature of this tangible evidence to
Doe's
currently pending litigation, we request production of documentary evidence relating to
Doe to enable her to prove her claims from both a liability and damages standpoint.
28 C.F.R. § 16.24 (c) states that it is the Department of Justice's policy to authorize the production
of materials "whenever possible." Pursuant to the Touhy regulations set forth by the Department,
the Deputy or Associate Attorney General assesses the following considerations in determining
whether disclosure is warranted:
(aXI) Whether such disclosure is appropriate under the rules of procedure
governing the case or mater in which the demand arose;
(aX2) Whether disclosure is appropriate under the relevant substantive law of
privilege.
See 28 C.F.R. 16.26 (a) This request satisfies both considerations. The requested materials should
be disclosed because disclosure is appropriate under Federal Rule of Civil Procedure 26 and the
relevant substantive law of privilege. The requested documentary evidence is not privileged and
directly concerns the allegations in Ms. Doe's civil case.
In addition, the requested documents are not excluded from disclosure by 28 C.F.R § 16.26 (b).
Disclosure will not violate any statute, rule of procedure or regulation, will not reveal any classified
information, confidential source or informant, and will not interfere with law enforcement
proceedings or disclose investigative techniques and procedures. In In re The City of New York,
607 F.3d 923, 945 (2nd Cir. 2010), the court recognized that the law enforcement privilege is
qualified. See also Miller v. Mehitretter, 478 F. Supp. 415, 424 (W.D. N.Y. 2007) ("When the
information sought is both relevant and essential to the presentation of the case on the merits and
the need for disclosure outweighs need for secrecy, privilege is overcome.") While
Doe
can overcome this privilege if asserted, she specifically does not request any investigatory records
compiled for law enforcement purposes that would interfere with any ongoing law enforcement
proceedings.
Doe has recently declined an offer from the Epstein Victims' Compensation Fund and is
proceeding to trial in the Southern District of New York. She is simply requesting information in
the Government's possession that will assist in the prosecution of her claims and ultimately, aid in
her ability to finally obtain the justice that she deserves. Disclosure of the documents she requests
is not prohibited by either section 28 C.F.R 16.26 (a) or (b) and is warranted pursuant to 28 C.F.R
§ 16.26 (c). Subsection 16.26 (c) permits this disclosure, which is necessary for a civil proceeding,
because (I) the criminal violations committed against Ms. Doe are serious, (2) Epstein's criminal
behavior was outrageous and notorious; he victimized over a hundred young girls and women,
inclusive of Ms. Doe, over the course of more than a decade, and (3) the relief sought in federal
court is critically important to Ms. Doe and her ability to prove the degree of abuse she suffered at
the hands of Jeffrey Epstein and his friends or associates. Ms. Doe strongly believes that pursuing
her claims in federal court will give her and other victims a sense that justice was served. While
EFTA00090477
The Honorable Audrey Strauss
July 8, 2021
Page 3
the Victims' Compensation Program offered monetary compensation, it did not provide victims,
in particular Ms. Doe, the opportunity to expose Epstein in a court of law for the monster he was.
Instead of accepting a monetary settlement, Ms. Doe opted for her "day in court." The relief sought
by
Doe will ultimately prove that our judicial system works; however, in order to have
the opportunity to achieve the justice she deserves, it is essential that she obtain from the
Government those documents and information requested herein.
To that end, we specifically seek copies of the following documents that we believe are currently
in the pogiteccion of the Government:
1) Photographs of
Doe;
2) Videos of
Doe;
3) Any and all correspondence between Jeffrey Epstein, his agents, employees, medical
providers, or attorneys and
Doe;
4) My and all correspondence between Jeffrey Epstein, his afi
i
employees, medical
providers, or attorneys about
Doe or which reference
Doe;
5) Ar
iiail
all records of purchases of gifts or anything of value purchased for or sent to
Doe;
6) My and all records showing that a letter or package was sent via U.S. Mail, UPS, FedEx,
or I
m i.ny other means of shipping from Jeffrey Epstein, his agents, or his employees to
Doe;
7) My and all records of payments made to medical providers on behalf of
Doe;
8) My and all records of payments made to attorneys on behalf of
Doe;
9) My and all records of payments made to accountants on behalf of
Doe;
10) Any and all records of payments made to
Doe;
1I)Any and all documents referencing
Doe residing at 301 East 66'h Street, New
York;
12)Arded all documents obtained from property belonging to Jeffrey Epstein that contains
Doe's true name;
13) Any and all lists containing or including
part thereof; and
Doe's true name
14) My and all other documentary materials relating in any way to
Doe.
28 C.F.R. 16.24 (d) (1) addresses the resolution of disclosure demands. We are willing to engage
in discussions and negotiate a resolution to the resit ursuant to section 16.24 (dXIXii). Please
contact us at your earliest convenience to discuss
Doe's case in more detail, at which time
we are fully prepared to answer any questions that you may have and resolve this matter.
Very truly yours,
Bradley Edwards
Brittany Henderson
BJE:mwk
EFTA00090478
ran
X1
1
Florida Office
Bradley J. Edwards**
Seth M. Lehman st
Brittany N. Henderson "0
Matthew D. Weissing "I
The Honorable Geoffrey S. Berman
United States Attorney for the
Southern District of New York
Assistant United States Attorney
86 Chambers Street, Third Floor
New York. New York 10007
EDWARDS
POTTING ER LLC
425 North Andrews Avenue
Suite 2
Fort Lauderdale, FL 33301
October 15, 2020
New York Office
J. Stanley Pottinger t
j Adinetteal
Caltfomo
o Admitted a, remit of Columba
• Admitted in Honda
Admitted in Nev York
Board Cnctifird Cirl Teal Lawyer
Re: I,
for Tangible and Documentary Evidence (Touhy Request)
Doe v. Darren K. I ndyke, et al., SDNY Case No. 1:19-cv-07772
Dear Mr.
In follow up to our previous communications, please accept this as our formal written request for
documentary and tangible evidence currently in the in the possession, custody, and control of the
Department of Justice by way of the Southern District of New York relating to the sexual abuse of
one of Jeffrey Epstein's many victims,
Doe.' See United States ex rel. Touhy v. Ragen,
340 U.S. 462 (1951). We make this written request pursuant to the Touhy regulations codified as
28 C.F.R. § 16.21 et seq. Should you find there to be any deficiencies within this request, please
notify us and we will do what is necessary to correct any such shortcomings.
Doe
Doe was sexually assaulted by prolific pedophile, Jeffrey Epstein, from 2006 through
2013. Frowlhe me they met when she was only twenty years old, Epstein sexually abused and
assaulted
Doe in the most horrific ways imaginable. Throughout the years of abuse,
Epstein purchased a number of commercial flights, provided housing, and purchased a number of
I To protect her anonymity, our client has elected to proceed as a
Doe. As such, we have referred
to her herein using the pseudonym under which she has filed her lawsuit. To the extent that her identity is
not already known by the prosecutors in the Southern District of New York, please contact us at your earliest
convenience to discuss her true identity.
EFTA00090479
Page 2
items of value for
Doe, record of which we believe is currently in the Government's
possession as a result of the investigation that was conducted into Epstein's criminal activity
relating to
I abuse of minor children. Given the highly relevant nature of this tangible
evidence to
's currently pending litigation, we request production of documentary
evidence relating to
Doe in order to enable her to prove her claims from both a liability
and damages standpoint.
We specifically seek copies of the following documents that we believe are currently in the
possession of the Government:
1) Photograph.. r
Doe;
2) Videos of
Doc;
3) Any and all correspondence between Jeffrey Epstein, his agents, employees, medical
providers, or attorneys and
Doe;
4) An and all records of purchases of gifts or anything of value purchased for or sent to
Doe;
5) Arty and all records showing that a letter or package was sent via U.S. Mail, UPS, FedEx,
or by
other means of shipping from Jeffrey Epstein, his agents, or his employees to
Doe;
6) Any and all records of payments made to medical providers on behalf of
Doe;
7) Any and all records of payments made to attorneys on behalf of
Doe;
8) Any and all records of payments made to accountants on behalf of
Doe;
9) Any and all documents referencing
Doe residing at 301 East 66th Street, New
York;
10) Any and all documents includin
Doe's true name;
11) Any and all lists including
Doe's true name; and
12) Any and all other documentary materials relating in any way to
Doe.
Pursuant to the Touhy regulations set forth by the Department of Justice, the Deputy or Associate
Attorney General assesses the following considerations in determining whether disclosure is
warranted:
(a)(1) Whether such disclosure is appropriate under the rules of procedure
governing the case or mater in which the demand arose;
(a)(2) Whether disclosure is appropriate under the relevant substantive law of
privilege. This request satisfies both of these considerations. As explained
previously, the requested non-privileged documentary evidence directly concerns
the allegations in Doe's civil case.
M
re establishment of the Epstein Victim Compensation Program that is currently underway,
Doe seeks this information on an expedited basis in order to properly and completely
present her claim for consideration, and if necessary, to continue to proceed by way of formal
litigation. The requested information is within the scope of ordinary practice and does not seek
disclosure of information prohibited by statute or regulation. Furthermore, this request does not
EFTA00090480
Page 3
seek info
at is classified or that would reveal the source or identity of any informant. To
that effect,
Doe specifically does not request any investigatory records compiled for law
enforcement purposes that would interfere with ongoing law enforcement proceedings.
Doe simply requests information in the Government's possession that will assist in the prosecution
of her claims and ultimately, aid in her ability to finally obtain tI
Sistice that she deserves. To the
extent that the requested materials can be made available to
Doe on an expedited basis, it
would be greatly appreciated.
Please contact us at your earliest convenience to discuss the identity of
Doe in more detail,
at which time we are fully prepared to answer any questions that you may have.
Very truly yours,
Bradley Edwards
Brittany Henderson
EFTA00090481
From:
To:
Subject:
Date:
TraddnollodatooDfodpx
Marla Kellktlbn
FedEx Shipment 771814211816: Thls shipment is scheduled to be sere
Thursday, October 15, 2020 5:52:59 PM
Hi. This shipment is
scheduled to be sent on Thu
10/15/2020.
41
The delivery date may be updated when FedEx receives the package.
Estimated delivery date
Fri, 10/16/2020
by 4:30pm
LoJ
INITIATED
MANAGE DELIVERY
TRACKING NUMBER
EFTA00090482
FROM
Edwards Pottinger LLC
TO
United StatesStates Attorne
PACKAGING TYPE
FedEx Envelope
ORIGIN
DESTINATION
Fri, 10/16/2020 by 4:30pm
1
0.50 LB
SERVICE TYPE
FedEx Standard Overnight
Download the
Fed Ex® Mobile app
is
Get the flexibility you need to create
shipments and request to customize
your deliveries through the app.
(
LEARN MORE )
EFTA00090483
July 07, 2021
Dear Customer,
The following is the proof-ofdeivery for backing number 771814211816
Delivery Information:
Status:
Signed for by:
Service type:
Special Handing:
Delivered
FedEx Standard Overnight
Delver Weekday
Delivered To:
Delivery Location:
Delivery date:
NEW YORK, NY.
Oct 16, 2020 10:10
Shipping Information:
Tracking number
Ship Date:
Wei"
Oct15,2020
L • t,:e
Shi
Proof-of-delivery details appear below; however, no signature is available for this FedEx Express shipment
because a signature was not required.
Thank you for choosing FedEx
EFTA00090484
From:
To:
Cc
Subject
Date:
Attachments:
orifirgaga; Brittany Mender=
Edwards Pottinger Touhy Requests
Thursday, October 15, 2020 5:37:00 PM
7020.10.15 --
Doe Tnnhy Reave4 wjj
amace00
n2Q- 0
Doe Toutiv Rrnuestncl(
7020-10-14 VE Touhy Recur:1a
7S20-10-1.1)ne Tnuhv Renuesteg
2O)-10-1
Doe 2 Tautly Reeuest od(
Good afternoon. Please see attached from Brad Edwards.
Thank you,
Maria
EDWARDS
Maria W. Kelljchian
EFTA00090485
Florida Office
Bradley J. Edwards *0f
Seth M. Lehrman st
Brittany N. Henderson *0
Matthew D. Weissing
EDWARDS
POTTINGER LLC
425 North Andrews Avenue
Suite 2
Fort Lauderdale, Fl. 33301
October 21, 2020
The Honorable Geoffrey S. Berman
United States Attorney for the
Southern District of New York
Assistant United States Attorney
86 Chambers Street, Third Floor
New Yor1 New York 10007
. OV
New York Office
J. Stanley Pottinger t
Adnutud in California
0 Adulated in Ihitriet of Columba
• Admitted in Honda
t Admitted in New York
I Doan; Cavilled Civil 'Emil lainfer
Re: ab
est for Tangible and Documentary Evidence (Touhy Request)
Doe v. Darren K. Indyke, et al., SDNY Case No. 1:19-cv-07772
Victim:
Dear Mr.
In follow up to our previous communications, please accept this as our formal written request for
documentary and tangible evidence currently in the in the possession, custody, and control of the
Department of Justice by way of the Southern District of New York relating to the sexual abuse of
one of Jeffrey Epstein's many victims,
Doe.I See United States ex rel. Touhy v. Raga:,
340 U.S. 462 (1951). We make this written request pursuant to the Touhy regulations codified as
28 C.F.R. § 16.21 et seq. Should you find there to be any deficiencies within this request, please
notify us and we will do what is nerncary to correct any such shortcomings.
Doe
Doe was sexually assaulted by prolific pedophile, Jeffrey Epstein, from 2006 through
2013. From the time they met when she was only twenty years old, Epstein sexually abused and
I To protect her anonymity, our client,
has elected to proceed as a
we have referred to her herein using the pseudonym under which she has filed her lawsuit.
Doe. As such,
EFTA00090486
Page 2
assaulted
Doe in the most horrific ways imaginable. Throughout the years of abuse,
Epstein purchased a number of commercial flights, provided housing, and purchased a number of
items of value for
Doe, record of which we believe is currently in the Government's
possession as a result of the investigation that was conducted into Epstein's criminal activity
relating to tl
of minor children. Given the highly relevant nature of this tangible
evidence to
' currently pending litigation, we request production of documentary
evidence relating to
Doe in order to enable her to prove her claims from both a liability
and damages standpoint.
We specifically seek copies of the following documents that we believe are currently in the
possession of the Government:
1) Photographs of
Doe;
2) Videos of
Doe;
3) Any and all correspondence between Jeffrey Epstein, his agents, employees, medical
providers, or attorneys and
Doe;
4) An
all records of purchases of gifts or anything of value purchased for or sent to
Doe;
5) Any and all records showing that a letter or package was sent via U.S. Mail, UPS, FedEx,
1
any other means of shipping from Jeffrey Epstein, his agents, or his employees to
Doe;
6) Any and all records of payments made to medical providers on behalf of
Doe;
7) Any and all records of payments made to attorneys on behalf of
Doe;
8) Any and all records of payments made to accountants on behalf of
Doe;
9) Any and all documents referencing
Doe residing at 301 East 66th Street, New
York;
10) Any and all documents including
Doe's true name;
11) Any and all lists including
Doe's true name; and
12) Any and all other documentary materials relating in any way to
Doe.
Pursuant to the Touhy regulations set forth by the Department of Justice, the Deputy or Associate
Attorney General assesses the following considerations in determining whether disclosure is
warranted:
(aX1) Whether such disclosure is appropriate under the rules of procedure
governing the case or mater in which the demand arose;
(aX2) Whether disclosure is appropriate under the relevant substantive law of
privilege. This request satisfies both of these considerations. As explained
previously, the requested non-privileged documentary evidence directly concerns
the allegations in Doe's civil case.
S
le establishment of the Epstein Victim Compensation Program that is currently underway,
Doe seeks this information on an expedited basis in order to properly and completely
present her claim for consideration, and if necessary, to continue to proceed by way of formal
EFTA00090487
Page 3
litigation. The requested information is within the scope of ordinary practice and does not seek
disclosure of information prohibited by statute or regulation. Furthermore, this request does not
seek inforitint is classified or that would reveal the source or identity of any informant. To
that effect,
Doe specifically does not request any investigatory records compiled for law
enforcement purposes that would interfere with ongoing law enforcement proceedings.
Doe simply requests information in the Government's possession that will assist in the prosecution
of her claims and ultimately, aid in her ability to finally obtain
that she deserves. To the
extent that the requested materials can be made available to
Doe on an expedited basis, it
would be greatly appreciated.
Please contact us at your earliest convenience to discuss the identity of
Doe in more detail,
at which time we are fully prepared to answer any questions that you may have.
Very truly yours,
Bradley Edwards
Brittany Henderson
EFTA00090488
From:
To:
Cc:
EcC
Subject
Dab:
Attachmentm
lirsollatords &lianaleadasga
MadaSadecial
RE: Edwards Pottinger Touhy Requests
Wednesday, 0ctoh& 21, 2020 6:15:00 PM
ZQZQ•10.21 VF Taub,/ PeriheliaIf
Good afternoon. Please see attached from Brad Edwards.
Thank you,
Maria
EDWARDS
POTTINGER LLC
Maria W. Kelljchian
EFTA00090489