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FBI VOL00009
EFTA00182748
256 sivua
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CT DATE(S) DEFENDANT(S) VICTIM(S) STATUTES/CHARGE 25 August 2003 - February 2004 Jane Doe #18 18 U.S.C. §§ 2422(b) and 2 Using a facility or means of interstate commerce to knowingly persuade, induce, or entice a person who had not attained the age of 18 years to engage in prostitution or sexual activity for which any person can be charged with a criminal offense 26 2001 - October 2005 N ill Jane Does 1-19 18 U.S.C. § 2423(e) Conspiracy to travel in interstate commerce for the purpose of engaging in illicit sexual conduct 27 2001 - October 2005 Jane Does 1-19 18 U.S.C. § 2423(d) For the purpose of commercial advantage or private financial gain, arranging or facilitating the travel of a person knowing that the person was traveling in interstate commerce for the purpose of engaging in illicit sexual conduct 28 I Jane Ir July 16. 2004 Jane Doe #7 Doe #8 Jane Doe #9 Jane Doe #10 18 U.S.C. §§ 2423(b) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor 29 August 6. 2004 \EPSTEIN Jane Doe #9 (Fayth P.) Jane Doe #11 (Alexandra IL) 18 U.S.C. §§ 2423(b) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor Pal,e 7 of 9 EFTA00182948
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CT DATE(S) DEFENDANT(S) VICTIM(S) STATUTES/CHARGE 30 August 19, 2004 - \EPSTEIN Jane Doe #9 (Alexandra H.) Jane Doe #10 (Britany B.) Jane Doe #11 18 U.S.C. §§ 2423(b) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor 31 October 29, 2004 Sill " iPSTEIN Jane Doe #10 (Britany B.) Jane Doe #11 Jane Doe #13 (Dainya N.) 18 U.S.C. §§ 2423(b) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor 32 February 21, 2005 Jane Doe #11 (Vanessa Z.) Jane Doe #14 (Felicia E.) Jane Doe #15 18 U.S.C. §§ 2423(b) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor 33 March 31, 2005 STEIN Jane Doe #11 (Saige G.) Jane Doe #14 (Vanessa Z.) Jane Doe #15 (Fayth P.) Jane Doe #16 18 U.S.C. §§ 2423(b) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor 34 September 18, 2005 STEIN Jane Doe #16 (Ashley D.) 18 U.S.C. §§ 2423(b) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor Page 8 of 9 EFTA00182949
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CT DATE(S) FENDANT(S) VICTIM(S) STATUTES/CHARGE 35 September 29, 2005 TEIN Jane Doe #16 (Ashley D.) 18 U.S.C. §§ 2423(1)) and 2 Traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor 1 1 . Page 9 of 9 EFTA00182950
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 3, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 4, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 5, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. CASE NO.: 08-CV-80119-MARRA/JOHNSON CASE NO.: 08-CV-80232-MARRA/JOHNSON CASE NO.: 08-CV-80380-MARRA/JOHNSON CASE NO.: 08-CV-80381-MARRA/JOHNSON EFTA00182951
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 2 of 9 JANE DOE NO. 6, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 7, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Plaintiff, vs. JEFFREY EPSTEIN, Defendant. JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. CASE NO.: 08-CV-80994-MARRA/JOHNSON CASE NO.: 08-CV-80993-MARRA/JOHNSON CASE NO.: 08-CV-80811-MARRA/JOHNSON CASE NO.: 08-CV-80893-MARRA/JOHNSON EFTA00182952
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 3 of 9 vs. JEFFREY EPSTEIN, Defendant. DOE II, CASE NO.: 09-CV-80469-MARRA/JOHNSON Plaintiff, JANE DOE NO. 101, CASE NO.: 09-CV-80591-MARRA/JOHNSON vs. JEFFREY EPSTEIN, Defendant. JANE DOE NO. 102, CASE NO.: 09-CV-80656-MARRA/JOHNSON Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Plaintiff, PLAINTIFF'S RESPONSE TO DEFENDANT, JEFFREY EPSTEIN'S MOTION TO STRIKE CASES FROM CURRENT TRIAL DOCKET AND MOTION TO CONTINUE CASE AND/OR ALTERNATIVE MOTION TO MODIFY TRIAL AND SCHEDULING ORDER DEADLINES The Plaintiff, by and through undersigned counsel, files this Response to Defendant, Jeffrey Epstein's Motion to Strike Cases From Current Trial Docket And Motion to Continue Case And/Or Alternative Motion to Modify Trial and Scheduling Order (D.E. 104), and further states as follows: EFTA00182953
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 4 of 9 1. Defendant EPSTEIN seeks to have this case (and others that are presently pending) stricken from the trial docket, or continued for at least an additional three months or have the existing pretrial deadlines extended. In light of Plaintiffs filing of her Conditional Notice of Intent to Exclusively Rely on Statutory Damages Provided by 18 U.S.C. §2255 (D.E. 113) on June 5, 2009, Plaintiff agrees to a modification of the pretrial schedule as outlined in Defendant EPSTEIN's Motion to Strike (D.E. 104); to wit, extending discovery for an additional three months from the currently set deadline of August 28, 2009, extending the current deadline of October 15, 2009 by two months to file substantive pretrial motions, extending the current deadline of December 21, 2009 by one month to mediate this matter, and extending the deadline of June 29, 2009 by one month to exchange expert witness reports) 2. EPSTEIN's requests to have this case stricken from the trial docket, or in the alternative, continued for three months, however, are not warranted under the circumstances and would unreasonably and unnecessarily delay the resolution of this case. The filing of the instant motion marks the third different way EPSTEIN has sought to delay the trial on this matter. First, it was Defendant's Motion for Stay (D.E. 33), which was denied by the Court on December 17, 2008. Next, it was Defendant's second Motion for Stay (D.E. 51), which is presently pending before the Court. Third, and unfortunately, probably not the last, is Defendant's latest attempt to delay the trial of this case. With regards to the last requested modification of the pretrial order, EPSTEIN requests "an additional month to complete the remaining deadlines under each of the Court's Trial Orders." Given that each of the other deadlines not specifically listed above are to take place 15 days or less from the calendar call date of February 19, 2010 (which is 3 days from the trial date of February 22, 2010), the only logical deadline EPSTEIN could be referring to is the expert witness report exchange. EFTA00182954
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Case 9:08-cv-80119-KAM
Document 147
Entered on FLSD Docket 06/08/2009
Page 5 of 9
3.
In order to justify his latest attempt to delay the trial of this case, EPSTEIN
argues that Plaintiff's conduct has prevented him from "conducting any meaningful
discovery, including the taking of
's supervisors, co-workers, acquaintances,
friends, and other third parties."(D.E. 104, pg. 7). The sworn affidavit by counsel for
Defendant, Michael Pike, Esq. repeats the same allegation ("As a result, the
undersigned has not had an opportunity to depose any individuals that may have
information about the allegations made by Plaintiffs."(D.E. 042-2, paragraph 4).
4,
Defendant's Motion and affidavit are simply not supported by the history of
this case. First, this case was filed in state court on February 21, 2008. Defendant
EPSTEIN was served with a summons and complaint on July 2, 2008. For reasons that
are known only to himself and his counsel in this case, EPSTEIN waited a full six
months before propounding any discovery of any kind upon Plaintiff. EPSTEIN filed his
first set of interrogatories on January 16, 2009, and his first set of requests to produce
on January 16, 2009. EPSTEIN's choice to wait a half a year before engaging in formal
discovery is not the Plaintiff's fault, nor can he now be allowed to argue that the current
trial setting is unworkable because of his failures.
5.
Second, Plaintiff provided answers to Defendant's first set of
interrogatories on February 18, 2009 (Attached as Exhibit "1"). Plaintiffs answers to
interrogatories identifies thirty six (36) people, other than herself and EPSTEIN, who
have or may have knowledge regarding the subject matter of the instant law suit. This
list of individuals includes Plaintiff's relatives, mental health providers, a former
boyfriend, her friends, other victims of EPSTEIN, members of law enforcement who
investigated EPSTEIN, and former employees and/or associates of EPSTEIN. Armed
EFTA00182955
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 6 of 9 with the identities of these crucial fact witnesses for almost the last four (4) months, EPSTEIN had not set a single one of them for deposition as of the time he filed the instant motion. Defendant's claims that he has been absolutely prevented from engaging in any discovery as a result of Plaintiffs "delay tactics" are absolutely belied by the fact that he actually has much of the information he complains Plaintiff is concealing from him, but has chosen to do nothing with it over the last four months. 6. Plaintiff also filed on February 2, 2009 her Initial Disclosure which likewise identified multiple individuals who had or may have knowledge regarding the subject matter of the instant suit (Attached as Exhibit "2"). Defendant failed to set any of those indentified individuals for deposition either. 7. Once again, Defendant cannot bury his head in the sand by failing to take available discovery and then turn around and complain that he cannot get ready for trial scheduled in February of 2010. 8. Third, EPSTEIN inappropriately characterizes Plaintiff's assertions of the protections afforded to her under the applicable rules of procedure and case law with respect to unreasonably invasive and irrelevant discovery propounded by EPSTEIN as an attempt to conceal evidence from EPSTEIN and delay the discovery of same. Defendant's allegations in this regard are flat out wrong. Plaintiff, just like EPSTEIN, has certain rights and privileges with respect to the scope of permissible discovery. Plaintiff has every right to avail herself of the protections available to her under the rules of discovery without fear of claims from EPSTEIN that she is concealing or delaying anything. Indeed, it is ironic that EPSTEIN takes issue with a litigant invoking the protections available to her with regards to inappropriate and unreasonable discovery EFTA00182956
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 7 of 9 when he himself has failed to respond to any discovery propounded to him by Plaintiff, but instead has invoked his 5th Amendment privilege. 9. Fourth, in the event that the Court rules that Plaintiff can recover the statutory damage floor established in 18 U.S.C. §2255 for each proven incident of abuse committed by EPSTEIN upon her, the discovery which EPSTEIN presently seeks will not be relevant or material in any way given Plaintiff's Conditional Notice of Intent to Exclusively Rely on Statutory Damages Provided by 18 U.S.C. §2255. 10. Defendant asserts as justification for continuing this case what can fairly be characterized as routine and ordinary discovery disputes. Nothing contained in either his motion or supporting affidavit rises to the level of "exceptional circumstances" required by Local Rule 7.6 to continue a trial setting. Any issues related to discovery can certainly be cured by extending the trial deadlines as proposed by EPSTEIN. Delaying the trial of this case is simply not necessary nor justified. EFTA00182957
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 8 of 9 WHEREFORE, in light of the foregoing, the Plaintiff respectfully requests this Court enter an order denying Defendant, Jeffrey Epstein's Motion to Strike Cases From Current Trial Docket And Motion to Continue Case And/Or Alternative Motion to Modify Trial and Scheduling Order. Respectfully submitted, /.s/.lack P Hill JACK SCARO Florida Bar NolMil JACK P. HILL Florida Bar No.: Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach. 09 Phone: Fax: Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 8th, 2009, I electronically filed the foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified above via transmission of Notices of Electronic Filing generated by CM/ECF. /.s/lank P Hill JACK SCAROLA Florida Bar No. JACK P. HILL Florida Bar No.: Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Fl i 409 Phone: Fax: Attorneys for Plaintiff EFTA00182958
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Case 9:08-cv-80119-KAM Document 147 Entered on FLSD Docket 06/08/2009 Page 9 of 9 COUNSEL LIST Robert Critton, Esquire Burman Critton Luttier & Coleman LLP 515 North Flagler Drive, Suite 400 West Palm B Phone: II Fax: Jack A. Goldberger, Esquire Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue S. West Palm B ach. FL 33401 Phone: Richard H. Willits, Esquire Richard H. Willits, P.A. 2290 10th Avenue North Suite 404 Lake Worth, F Phone: Fax: Bruce E. Reinhart, Esquire Bruce E. Reinhart, P.A. 250 South Australian Avenue Suite 1400 West Palm B Phone: Fax: EFTA00182959
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 1 of 20 #281849/clw UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80811-CIV- MARRA/JOHNSON Plaintiff(s), vs. JEFFREY EPSTEIN and Defendant(s). NOTICE OF SERVING ANSWERS TO INTERROGATORIES COMES NOW the Plaintiff, by and through undersigned counsel, and hereby files this Notice with the Court that Answers to Interrogatories propounded by the Defendant, JEFFREY EPSTEIN, on January 16, 2009, have been furnished to the attorney for the Defendant. I HEREBY CERTIFY that a true copy of the foregoing has been furnished by mail this (Tr- day of February, 2009, to: See attac ed list of counsel. Cc JACK SCA OLA Florida Bar No. JACK P. HILL Florida Bar No.: Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West P da 33409 Phone: Fax: Attorney for Plaint:1gs) [ PLAINTIFF'S EXHIBIT EFTA00182960
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 2 of 20 vs. Epstein, et al. sa 08-CV-80811-C1V-MARRA/JOHNSON Plaintiffs Answers to Defendant's First interrogatories ANSWERS TO INTERROGATORIES 1. What is the name and address of all persons answering or assisting in answering these interrogatories, and, if applicable, the person's official position or relationship with the party to whom the interrogatories are directed? ANSWER c/o her attorneys: Jack Scarola, Esq. and Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 With the assistance of her counsel, Searcy Denney Scarola Barnhart & Shipley, P.A. and Richard Willits, P.A. 2. List the names, business addresses, telephone and cell phone numbers, dates of employment, immediate supervisor (name and address) and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years; this includes listing all sources of income you have received. Answer this question by year, i.e. 1998-2009. ANSWER Objection. Irrelevant, immaterial and not reasonably calculated to lead to .discovery of admissible evidence. 3. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses. List any children by name, date of birth and the father's name and address. List the names and address of your parents and any brother or sister. ANSWER Nickname= 2 EFTA00182961
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 3 of 20 El vs. Epstein, et al. o.: 08-CV-801311-C1V-MARRA/JOHNSON Plaintiff's Answers to Defendant's First Interrogatories I have never been marriea. Children: Parents: Siblings: 3 EFTA00182962
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 4 of 20 vs. Epstein, ct al. Case No.: 08-CV-80811-CIV-MARRA/JOHNSON Plaintiff's Answers to Defendant's First Interrogatories 4. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. • ANSWER No 5. Please provide the name, address, telephone number, place of employment and Job title of any person who has, claims to have or whom you believe may have knowledge or information pertaining to any fact alleged in the pleadings (as defined in Federal Rule of Civil Procedure 7(a) filed in this action, or any fact underlying the subject matter of this action). ANSWER 1. c/o her attorneys: Jack Scarola, Esq. and Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach. FL 33409 Tel: Richard Willits, Esq. Richard H. Willits, P.A. 2290 10th Avenue North, Suite 404 Lako Worth. FL 33461 Tel: Subject matter: Plaintiff. 2. Jeffrey Epstein do his attorneys: Robert Critton, Esquire Burman Critton Luther & Coleman LLP 4 EFTA00182963
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 5 of 20 C.M.A. vs. Epstein, et al. Case No.: 08-CV-8081 I-CIV-MARRA/JOHNSON Plaintiff's Answers to Defendant's First Interrogatories 516 North Flagler Drive, Suite 400 West Palm Beach, FL 33414 Tel: Jack A. Goldberger, Esquire Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South West Palm Beach, FL 33401 Tel: Bruce E. Reinhart, Esquire Bruce E. Reinhart, P.A. 250 South Australian Avenue Suite 1400 West Palm Beach, FL 33401 Tel: Subject matter: Defendant 3. a mother clo s attorneys: Jack Scarola, Esq. and Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Tel: Richard Willits, Esq. Richard H. Willits, P.A. 2290 10th Avenue North, Suite 404 Lake Worth, FL 33461 Tel: 4. Subject matter: ress un nown) a s involvement with Epstein. Subject matter: Defendant. EFTA00182964
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 6 of 20 C.M.A. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRAJJOIINSON Plaintiff's Answers to Defendant's First Interrogatories 5. Jane Doe (Case No.: 1:93-ev-01109-KAM) c/o her attorney: Theodore Leopold, Esquire Leopold, Kuvin, P.A. 2925 P.G.A. Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Tel: Subject matter: Victim of Epstein. 6. Jane Doe (Case No.: 502008CA020614) c/o her attorney: Isidro M. Garcia, Esquire The Law Office of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 HoII wood, FL 33020 Tel: Subject matter: Victim of Epstein. 7. Jane Doe #2 (Case No.: 9:08-cv-80119-KAM) c/o her attorney: Jeffrey M. Herman, Esquire Herman & Mermelstein, P.A. 18205 Biscayne Boulevard, Suite 2218 Miami, FL 33160 Tel: Subject matter: Victim of Epstein. 8. Jane Doe #3 (Case No.: 9:08-cv-80232-KAM) c/o her attorney: Jeffrey M. Herman, Esquire Herman & Mermelstein, P.A. 18205 Biscayne Boulevard, Suite 2218 Miami, FL 33160 Tel: 6 EFTA00182965
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 7 of 20 vs. Epstein, et al. asc 08-CV-80811-CIV-MARRABOHNSON Plaintiff's Answers to Defendant's First Interrogatories Subject matter: Victim of Epstein. 9. Jane Doe #5 (Case No.: 9:08-cv-80381-KAM) c/o her attorney: Jeffrey M. Herman, Esquire Herman & Mermelstein, P.A. 18205 Biscayne Boulevard, Suite 2218 Miami, FL 33160 Tel: Subject matter: Victim of Epstein. 10. Jane Doe #4 (Case No.: 9:08-cv-80380-KAM) c/o her attorney: Jeffrey M. Herman, Esquire Herman & Mermelstein, P.A. 18205 Biscayne Boulevard, Suite 2218 Miami, FL 33160 Tel: Subject matter: Victim of Epstein. 11. Jane Doe (Case No.: 9:08-cv-80804-KAM) c/o her attorney: Theodore Leopold, Esquire Leopold, Kuvin, P.A. 2925 P.G.A. Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Tel: Subject matter: Victim of Epstein. 12. Jane Doe #7 (Case No.: 9:08-cv-80993-KAM) cto her attorney: Jeffrey ht Herman, Esquire Herman & Mermelstein, P.A. 7 EFTA00182966
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Case 9:08-cv-80119-KAM Document 147-2 Entered on FLSD Docket 06/08/2009 Page 8 of 20 1.5. vs. Epstein, et al. Case No.: 08-CV-80811-CIV-MARRALIOHNSON Plaintiff's Answers to Defendant's First Interrogatories 18205 Biscayne Boulevard, Suite 2218 Miami Fl 33160 Tel: Subject matter: Victim of Epstein. 13. (Case No.: 502008CA025129)OOO01/3 Al c/o her attorneys: Jack Scarola, Esquire Jack P. Hill, Esquire Seamy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard Tel: West Painfleach, FL 33409 Subject matter: Victim of Epstein. 14. Jose Alessi (Address unknown at this time) Subject matter: Jeffrey Epstein's Butler. 15. 16. Palm Beach Police Department 345 South County Road Palm Beach FL 33480 Tel: Subject matter: Investigator. Palm Beach County Prosecutors Office 401 North Dixie Highway West Palm Beach FL 33401 Tel: Subject matter: 17. Detective Prosecutor. , lead investigator 8 EFTA00182967