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FBI VOL00009
EFTA00181217
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MARTIN G. WEINBERG, P.C. ATTORNEY AT MW 20 PARK PLAZA, SUITE 1000 ROSTON, MASSACUUSEITS 02116 FAX NIGHT EAIERGRNCV: Assistant United States Attorney United States Attorney's Office Southern District of Florida 500 S. Australian Ave. Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Ms. July 22, 2011 Roy Black forwarded to me your letter to him dated July 21, 2011, from the District Attorney of the County of New York. We thank you for providing notice of the intended disclosure but we do object to any disclosure of the Non-Prosecution Agreement and the related list of witness/victims on the basis of the confidentiality provisions of paragraph 13. Absent an enforceable subpoena - which we would have the right to move to quash in the Court from which it was issued - there exists no right or duty to disclose the confidential Non-Prosecution Agreement or the non-public witness/victim list which was referenced in paragraph 7 of the NPA. Further, given that the witness/victim list was compiled based on the federal grand jury investigation, we object under Fed. R. Crim. P. 6(e) to its disclosure absent an appropriate court order. Very truly yours, avic )21i id Martin G. Weinberg cc: Roy Black EFTA00181217
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07/22/2011 15:55 3053582006 BSKS PAC£ 02 20 PARK NAZI, WE IMO IIIISTON,MA$XACIIIITETIR 02716 FAX NI Aft NCY: • MARTIN C WEINBERG, P.C. ATTORNEY AT LAW Assistant United States Attorney United States Attorney's Office Southern District of Florida 500 S. Australian Ave. Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Ms. Villafafia: July 22, 2011 EAVAILADDREMS Roy Black forwarded to me your letter to hlm dated July 21, 2011, from the District Attomey of the County of New York. We thank you for providing notice of the intended disclosure but we do object to any disclosure of the Non-Prosecution Agreement and the related list of witness/victims on the basis of the confidentiality provisions of paragraph 13. Absent an enforceable subpoena - which we would have the right to move to quash in the Court from which it was issued - there exists no right or duty to disclose the confidential Non-Prosecution Agreement or the non-public witness/victim list which was referenced in paragraph 7 of the NPA, Further, given that the witness/victim list was compiled based on the federal grand jury investigation, we object under Fed. R. Crim. P. 6(e) to its disclosure absent an appropriate court order. Very truly yours, /roadc VV Martin G. Weinberg cc: Roy Black EFTA00181218
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-n11 15:55 3053582006 B S K S PAGE 01 BLACK SPEBNICK KOPNSPAN STUMPF 111 TRIAL ATTORNEYS Email: Roy Black Howard M. Srebnick Scott A. Kornspan Larry A. Stumpf Maria Neyra Jackie Perczek Mark A.J. Shapiro Jared Lopez Marcos Beaton, Jr. Jessica Fonseca•Nader Kathleen P. Phillips Jenifer J. Soulikias Noah Fox Joshua Shore FACSIMILERANSMITTAL SHEET FAX: ( TELEPHONE: TO: AUSA RE: )oneni "DA, -ly-e DATE: July 22, 2011 SENDER: Jackie Perczek NO. OF PAGES (INCLUDING TRANSMITTAL SHEET): "IWO • MESSAGE: **IF YOU YOU DO NOT RECEIVE PAGES, PLEASE CALL ** THIS PACSEMILE CONTADIA PRIVD.E0ED AHD C0NPIDENTIAL INTORMATIONANTENOED OMIT .POR THE:lust .OP THE INDIVIDUAL OR ENTITY NAMED ABOVE. IP THE READER OP THIRPACSIMILE MINOT THEINIENDED RECWIESTibR THE EMPLOYEE OR AbENT RESPONSIBLE FOR-DELIVERING IT TO THE u frannotroanst You. Ant gain INYTInED THAT ANY erastiamarunt OR COPPING rep tuteradestas IS. STRICTLYPROHMITED..1 tr . tort newt ntektvw /Ws TACSIMME IN ERROR PLEASE ISIMEITTATIELTINOT/M/ERVTELEPHONE AND WISH THE ORIGINAL PACSIM/Lti TO VS. AT THE AIME ADDRESS VIA THE U.B. POSTAL SERVICE. 'THANK YOU. 201 S. Biscayne Boulevard, Suite 1300, Miami. Florida 33131 1 (P) 305-371-G421 1 (F) 305-358-20051www.ioybiack com EFTA00181219
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U.S. Department of Justice
United States Attorney
Southern District of Florida
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
Facsimile:
July 27, 2011
DELIVERY BY FACSIMILE
Martin G. Weinberg, Esq.
20 Park Plaza, Suite 1000
Boston, MA 02116
Re:
Jeffrey Epstein
Dear Mr. Weinberg:
Thank you for your letter of July 22, 2011. In order to review and address the objections that
you raised in that letter, the Office deferred making its planned disclosure to the District Attorney
of the County of New York of the Non-Prosecution Agreement ("Agreement") and the list of
identified victims that was provided to Mr. Epstein pursuant to the Agreement. Nonetheless, after
completing a full review of your objections, the Office still intends to proceed with the planned
disclosures.
The Agreement requires the Office only to provide Mr. Epstein with notice prior to a
disclosure of the Agreement "[i]f the United States receives a Freedom of Information Act request
or any compulsory process"; the Agreement does not require Mr. Epstein's concurrence in any
disclosure. Contrary to your suggestion, the Agreement (including paragraph 13) also does not make
the Agreement itself "confidential." On the contrary, the Agreement expressly contemplates that
disclosures of the Agreement may be made, and the Agreement further contemplates, contrary to
your suggestion, that such disclosures of the Agreement may be made other than in response to
"compulsory process." Here, moreover, the District Attorney of the County of New York, as a local
law enforcement agency, has provided a legitimate request for disclosure of the requested
information, as well as a promise to maintain the confidentiality of the information, particularly the
names of the minor victims.
Your objection pursuant to Federal Rule of Criminal Procedure 6(e) also does not impact the
planned disclosures. The victim list itself is not grand jury material, and, thus, disclosure of that list
to the District Attorney's Office will not violate Rule 6(e).
If you wish to supply any additional authority (other than citation to Rule 6(e) and to
paragraph 13 of the Agreement) for your claims that the Office cannot disclose the Agreement and
EFTA00181220
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MARTIN WEINBERG, ESQ. JULY 27, 2011 PAGE 2 OF 2 the victim list to the District Attorney of the County of New York, we would be willing to consider those authorities before making any disclosure, provided that any such authorities are furnished to us before 5:00 p.m. on July 29, 2011. Otherwise, seeing no obstacle to the previously-planned disclosures, the Office will be disclosing copies of both the Non-Prosecution Agreement and the list of identified victims that was provided to Mr. Epstein to the District Attorney of the County of New York at 5:00 p.m. on July 29, 2011. Sincerely, Wifredo A. Ferrer cc: United States Attome By: Assistant United States Attorney Chief, Northern Division Deborah L. Morse, Assistant District Attorney, County of New York Roy Black, Esq. EFTA00181221
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United States Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235 DATE: -1 /4 7/ 20" TO: AiliVrpo 1tk/NfE ORGANIZATION: FAX #: SUBJECT: FROM: (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: COMMENTS: Original document: To follow via regular mail To follow via Federal Express To follow via hand delivery Nothirfto follow, FAX = original EFTA00181222
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Fax Send Report Date/Time : JUL-27-2011 03:01PM WED Fax Number Fax Name Model Name : Phaser 3300MFP No. Name/Number StartTime Time Mode Page Result 246 07-27 03:00PM 00'31 ECM Mired Slates mionicy's Office Southern District of Florida SOS. Australian Ave., Sulk 400 Weal Palm Beach, F1.33101-6235 DATE• ligilEolt TO. analitkomAc§a_ ORGANIZATION: FAX II: GI 1 338-153i SUB.IFCT: Sat FROM: (Fax) NUMBER or PAGES. INCLUDING rtelS PAGE: 3 COMMENTS: Original document So follow VIA vegeta malt To We* via Federal Express. To Inflow vie hand delivery Nothing% loiknv. FAX r reigned 003/003 0.K EFTA00181223
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United States Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235 DATE: 7(2.7/ao TO: be-60'al Ms-,se ORGANIZATION: /vets FAX ti: SUBJECT: FROM: ork. bc.strief Ailarrvit oP6rA (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: 3 COMMENTS: Original document: To follow via regular mail To follow via Federal Express To follow via hand delivery X Nothinno follow, FAX = original EFTA00181224
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Fax Send Report Date/Time f JUL-27-2011 03:03PM WED Fax Number Fax Name Model Name Phaser 3300MFP No. Name/Number StartTime Tine Mode 247 07-27 03:01PM 00'57 ECM United States Attorney's Were Southern District of Marina 500 S. Australia,' Ave., Suite 400 West Palm Beach, P1.33401-6235 OA1E :7 47/10.a 1O: T ethink &se_ ORGANIZATION: Ns FAX a: SUBJECT. . e — — -- FROM: (roil — — — — — NUMBER OF PAGE$. INCLUOING THIS PAGE: _ COMMENTS: mtiikeititoRritt _ 0 bigineldowment --- To Sow Via mourn. mai) 70 loNow rya Fettered EePrOn ro fellow wed bond nohoory A _ NottAnrioloArAv. FAX n Otigeistai Page Result 003/003 a R EFTA00181225
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U.S. Department of Justice United States Attorney Southern District of Florida SOO S. Australian Ave, Ste 400 West Palm Beach, FL 33401 Facsimile: July 21, 2011 DELIVERY BY ELECTRONIC MAIL Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Mr. Black: On July 17, 2011, the Office received a written request from the District Attorney of the County of New York for a copy of the signed Non-Prosecution Agreement and the list of identified victims that was provided to Mr. Epstein pursuant to the Non-Prosecution Agreement. Pursuant to the District Attorney's request, the U.S. Attorney's Office intends to disclose these items to Deborah L. Morse, Assistant District Attorney, at 5:00 p.m. on Friday, July 22, 2011. Pursuant to the terms of the Non-Prosecution Agreement, the Office is hereby giving you notice of this intended disclosure. Sincerely, Wifredo A. Ferrer United States Attorne B Assistant United States Attorney cc: , Chief, Northern Division Deborah L. Morse, Assistant District Attorney, County of New York EFTA00181226
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United States Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235 DATE: 772_/40 TO: )1Izinth /407-se ORGANIZATION: FAX SUBJECT: FROM: ibt.qicki. A (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: Z COMMENTS: Original document: x To follow via regular mail To follow via Federal Express To follow via hand delivery Nothirrto follow, FAX = original EFTA00181227
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Fax Send Report Date/Time : JUL-21-2011 02:08PM THU Fax Number Fax Name Model Name Phaser 3300MFP No. Name/Number StartTime Time Mode Page Result 211 07-21 02:07PM 00'25 ECM 002/002 0.1( I Inked Stales Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Reach, 33401.6235 ORGANILAIION. FAX S: SUBJECT- FROM. NUMBER OF PAGES. INCLUDING THIS PA COMMENTS: Onginal dot:Innen,. EFTA00181228
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2123359288 Fax; DISTRICT ATTORNEY Jul 17 2011 10:15pm P001/002 CYRUS R. VANCE, JR. OSTRICT ArnCRPC Date: To: Fax: From: Tel #: OF THE COUNTY OF NEW YORK ONE HOGAN PLACE Now York, N. Y. 10013 APPEALS BUREAU FAX DOCUMENT COVERSHEET FAX # Z6, /?z on 5,4 lane 141/47;44 t # of Pages 2- (includes cover sheet) K URGENT K ROUTINE K Deliver Immediately o Discuss with Appropriate Person(s) K As Requested o For Your Approval K Review and Comment o Take Necessary Action o For Your Information o Reply Via FAX K File o Reply Via Messenger K Reply Directly o Progress Report K Investigate o Let's Discuss K Prepare Reply for Signature K Other Action To Be Taken/Additional Comments: EFTA00181229
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2123359288 Fax: Jul 17 2011 10:15pa P002/002 DISTRICT ATTORNEY OF THE COUNTY OF NEW YORK ONE HOGAN PLACE New York, N. Y. 10013 CYRUS R. VANCE, JR, DISTRICT ATTOPMIY July 15, 2O11 EIMI, Esq. ',tent United States Attorney Office of the United States Attorney Southern District of Florida 5OO S. Australian Avenue Suite 4OO West Palm Beach, Florida 334O1 Dear Ms.MI, As we have discussed, I am currently working on the appeal brought by defendant Jeffrey Epstein in which he challenges his risk-offender designation under New York State's Sexual Offender Registration Act. The non-prosecution agreement between defendant and your Office would be of assistance to us in fashioning our response on appeal. I would appreciate it if you would send us a copy of that agreement, including the list of victims. Please let me know If you need any further information In order to make this material available. I appreciate your assistance, and courtesy, in this matter. Yours truly, Deborah L. Morse Assistant District Attorney EFTA00181230
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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 fr, FL 33401 Facsimile: DELIVERY BY ELECTRONIC MAIL Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Mr. Black: July 21, 2011 On July 17, 2011, the Office received a written request from the District Attorney of the County of New York for a copy of the signed Non-Prosecution Agreement and the list of identified victims that was provided to Mr. Epstein pursuant to the Non-Prosecution Agreement. Pursuant to the District Attorney's request, the U.S. Attorney's Office intends to disclose these items to Deborah L. Morse, Assistant District Attorney, at 5:00 p.m. on Friday, July 22, 2011. Pursuant to the terms of the Non-Prosecution Agreement, the Office is hereby giving you notice of this intended disclosure. By: Sincerely, Wifredo A. Ferrer nited States Attorn ssistantUnited SCates ttorney cc: , Chief, Northern Division Deborah L. Morse, Assistant District Attorney, County of New York EFTA00181231
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DISTRICT ATTORNEY OF THE COUNTY OF NEW YORK ONE HOGAN PLACE Now York N. Y. 10013 CYRUS R. VANCE, JR. 0:STRICT ATTORNEY May 6, 2011 Esq. Assistant United States Attorney Office of the United States Attorney Southern District of Florida 500 S. Australian Avenue Suite 400 West Palm Beach, Florida 33401 Dear Ms. As I explained during our telephone conversation last week, I am currently working on an appeal brought by defendant Jeffrey Epstein. Defendant Epstein challenges the designation that he was given under New York State's Sexual Offender Registration Act. The underlying sexual misconduct at issue was the subject of an investigation and/or prosecution by your Office, as well as the Florida State's Attorney Office in Palm Beach County. I know that you handled the matter on behalf of your office when the case was presented to the federal grand jury. Those grand jury proceedings would be of assistance to us in fashioning our response on appeal, and I would appreciate it if you would send us a transcript of thoseiroceedings. If we furnish the minutes to the appellate court, we would do under seal for the purpose of an in camera review. Please let me know if you need any further information in order to make the materials available. I appreciate your assistance, and courtesy, in this matter. Yours truly, Deborah L. Morse Assista t District Attorney EFTA00181232
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DISTRICT ATTORNEY OF THE COUNTY OF NEW YORK ONE HOGAN PLACE New York, N. Y. 10013 CYRUS R. VANCE, JR. CI:STRICT ATTORNEY August 15, 2011 Esq. Assistant United States Attorney Office of the United States Attorney Southern District of Florida 500 S. Australian Avenue Suite 400 West Palm Beach, Florida 33401 Dear Ms. Pursuant to our conversation, I have enclosed copies of the brief and appendix filed by defendant Jeffrey Epstein on appeal, as well as a copy of our brief in response. I look forward to hearing your opinion. Yours truly, (44.e /-C__) Deborah L. Morse Assistant District Attorney EFTA00181233
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New York County Clerk's Index No. 30129/2010 Nye 1' Ink *inane (&mrt APPELLATE DIVISION-FIRST DEPARTMENT I, 14 I PEOPLE OF THE STATE OF NEW YORK, —against— JEFFREY E. EPsTEmr, Respondent, Defendant-Appellant. APPENDIX CYRUS R. VANCE, JR. NEW Yon( COUNTY DISTRICT ATTORNEY'S OFFICE One Hogan Place New Yor New York 10013 Attorneys for Respondent JAY P. LEFKOWITZ SANDRA LYNN Mustmen KIRKLAND & Rt us LLP 601 Lexington Avenue New York. New York 10022 Attorneys for Defendant-Appellant REPRODUCED ON RECYCLED PAPER EFTA00181234
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TABLE OF CONTENTS PAGE Appellant's Pre-Argument Statement, dated February 9, 2011 Al Appellant's Notice of Appeal, dated February 9, 2011 A3 Order Appealed From, dated January 18, 2011 with Notice of Entry A4 Palm Beach Police Department - Probable Cause Affidavit of Det. - Defendant dated May 1, 2006 A6 Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated July 23, 2006 A28 2006 Grand Jury Indictment of Felony Solicitation of Prostitution - Jeffrey E. Epstein A29 Information for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 26, 2008 A31 Guilty Plea for Felony Solicitation of Prostitution and Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 A32 Judgment for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 A33 Sentence for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 A34 Community Control Standard Conditions, dated June 30, 2008 A35 Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated June 30, 2008 A47 EFTA00181235
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UI PAGE Letter from Jay P. Leflcowitz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing, dated September 9, 2010 A77 Letter from Supreme Court to Sex Offender Registry Unit Enclosing Final Determinations, dated January 19, 2011 A78 Court Action Sheet - Jeffrey Epstein, No. 30129-2010 A80 Handwritten Notations on Court Jacket - Jeffrey Epstein, No. 30129-2010 M1 Transcript of SORA Hearing, dated January 18, 2011 A82 EFTA00181236
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