This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →
FBI VOL00009
EFTA00183935
162 pages
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savE frtofN tiuQSUAL EFTA00183935
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THE PALM BEACH POST - MONDAY, NNE IS, 2009 The Palm Beach Post ALEX TAYLOR, Publisher TIM BURKE, Executive Editor RANDY SCHULTZ, Editor of the Editorial Page Unseal the Epstein deal A rich, middle-aged Palm Reacher who preyed on girls almost 40 years younger already has received too many breaks from the system. He doesn't deserve another. In July 2008, at the age of 55 and after paying the equiva- lent of a small countryb gross domestic product in legal fees, Jeffrey Epstein escaped federal charges and pleaded guilty in state court to a pair of charges related to his luring five girls — ages 14 to 17 -- to his house. The girls undressed and massaged him in return for $200 to $300. He's serving only 18 months in the. Palm Beach County Jail, and heb serving only nights. And now he wants just one more favor. When Epstein entered his state plea, the terms of his federal deal were sealed from the public. That violated normal procedures. Attor- neys for some of the victims, who ' have filed civil lawsuits, want that plea deal unsealed, probably because the details would help their cases. But given the nature of this case, thereb also a public interest. One con- dition of the federal plea, for example, was that he take the state deal. Thatb why The Post also is seeking to have the file unsealed. Epsteinb lawyers, Epstein Palm Beach sex offender deserves no more breaks. of course, want it kept secret. Last week, a Palm Beach County judge set a hearing for June 25. Epstein attorney Jack Goldberger claims that the file should stay sealed to protect the "orderly administration of justice" and "protect a compelling government interest." Oh, and third parties might get hurt The compel- ling interest is Epsteinb, and there is no privacy issue since the victims themselves are making the request. Palm. Beach police spent 11 months investigating Epstein, only to see then-State Attorney Barry Krischer kick the case to a grand jury Mr. Krischer backed off when one of Epsteinb gold-plated attor- neys, Alan Dershowitz, announced that some of the victims had posted MySpace comments about their alco- hol and marijuana use. Epsteinb "best" defense has been that he didn't know the girls were underage. "How he verified that," Mr. Goldberger said, "I don't know." Investigators found a high school transcript in Epstein's house. He didn't know? The public should know what Jeffrey Epstein did, and what the system did for him. EFTA00183936
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008. B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00183937
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5.. The documents should remain confidential for the following reasons: a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to innocent third parties. d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. AI% CHARLENE A. GRIFFITH. N Commission* DO 8130359 1 , Expires may 15, 2013 Aft no, Nor orgrit0 0:40401 Notary Public State of Fl My Commission Expires EFTA00183938
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CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Mail; /Facsimile; (3 Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Deanna K. Shullman, 400 North =Drive, Suite 1100, P.O.Box 2602 (33601) Tampa, FL 33602, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, 515 N. Flagler Dr. Suite 400, West Palm Beach, Florida 33401. this 11 day of June, 2009. BURMAN CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & WEISS, P.A. OBERT D. CRITTON, ESQ. / CK A. GOLDBERGER, ESQ Florida Bar No lorida Bar No. EFTA00183939
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June 11, 2009 Honorable Jeffrey Colbath Palm Beach County Courhouse 205 North Dixie Highway West Palm Beach, Florida 33401 RE: State of Florida 1 Jeffrey Epstein Case No. 2008 CF009381A Dear Judge Colbath, JOSEPH R.ATTERBURY JACK A. GOLDBERGER JASON S.WEISS Board Certified Oiminallrial Attorney Member of New Jersey & Fonda Bars Enclosed please find a courtesy copy of Jeffrey Epstein's Motion to Make Court Records Confidential filed with the Clerk of the Court on June 11, 2009. ; A. uly yours, Ja A. dberger, Esq. JAG/cg Enc. cc: Alexander Acosta U.S. Attorney State Attorney William Berger, Esq. Bradley Edwards, Esq. Deanna Shullman, Esq. Robert Critton, Esq. One Clearlake Centre. Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p www.agwpa.com EFTA00183940
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AT I ERBURY GOLDBERGER WEISS, One Clearlake Centre, Suite MOO 250 Australian Avenue South West Palm Beach, FL 33401 oytt. .;:ercA; Alexander Acosta United States Attorne ::1::1:::: 04.5.-IBSCfa513&2 $0.442 C 06/11/2009 Filailtd From334( EFTA00183941
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NE PALM BEACH POST THURSDAY, JUNE 11.2009 Judge delays ruling on request to unseal plea deal in sex case By SUSAN SPENCER -WENDEL Palm Beach Post Staff Witter WEST PALM BEACH — A circuit judge on Wednes- day did not unseal the deal that money manager Jeffrey Epstein of Palm Beach struck with fed- eral prosecutors to avoid charges, opting instead to give Epstein lawyers a chance to demonstrate why it should remain hid- den from public view Circuit Judge Jeff Epstein Colbath ac- knowledged at a hearing that Epstein's deal was not sealed in state court in ac- cordance with the rules. "1 don't see where any of the procedures were ever followed," he said. Colbath has given Epstein defense attorney, Jack Goldberger, an op- portunity to argue that the document was properly sealed and asked lawyers to submit briefs to him by Friday. Colbath also set a full hearing for June 25. Attorneys for young women now suing Epstein are asking Colbath to un- seal the deal that Epstein brokered with federal prosecutors. A lawyer for The Palm Beach Post also has joined in the request. "Itb a secret agree- ment. A secret, sweetheart agreement," said former Circuit Judge Bill Berger, who now represents some of the women. "Everybody was in on this deal except the victims and the public," Berger said. "The public should be outraged it has gone as far as it has." A second attorney representing the women, Brad Edwards, has seen the sealed document A federal judge allowed him and his clients to view it, but not to discuss its con- tents. Edwards said the women were "outraged" at what had been negotiated without their knowledge. A reporter asked Edwards if he thought Epstein re- ceived special treatment by federal prosecutors. "Are you kidding? Itb transparent. Certainly no one else gets treated like that," Edwards said. Epstein, 56, a reported money manager of billion- aire's, is currently serving an 18-month sentence in the Palm Beach County Stockade after pleading guilty nearly a year ago in state court to felony solicitation of prostitution and procuring teenagers for prostitution. The saga began years ago when the Palm Beach Police Department began investigating whether young wonien were be- ing brought to Epstein mansion on El Brillo Way to massage him and have sex with him in exchange for money. Epstein's attorneys, in federal filings, have referred to sealed docu- ments as a deferred pros- ecution agreement with federal prosecutors and have called it "unprec- edented" and "highly unusual." Goldberger said his cli- ent has not received any special treatment. sm. EFTA00183942
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THE PALM BEACH POST • WEDNESDAY, JUNE 10, 2009 Women want sex plea deal unsealed Their attorneys will ask a judge to open Jeffrey Epsteffi's records. By SUSAN SPENCER-WENDEL Palm Beach Post Staff Writer WEST PALM BEACH - When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to pro- curing teens for prostitution, his case detoured around local and state rules regarding the sealing of court documents. At a plea conference on the state charges, a judge, a defense lawyer and a pros- ecutor huddled at the bench and decided that a deal 'Epstein Epstein had struck with federal prosecu• tors to avoid charges should be sealed, according to a transcript of the hearing. And so it was. But Florida rules of judicial adnlin- istration, as well as rules of the Palm Beach County court system, require public notification that a court document has been or will be sealed, meaning.kept from public view The rules also require a judge to find a significant reason to seal, See EPSTEIN, 4A ► See past coverage of Jeffrey Epstein's sex scandals. PalmBeachPost.eom/epsteln EFTA00183943
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Public has right to know details I of deal; Post attorney will claim Po EPSTEIN from IA such as protecting a trade secret or a compelling gov- ernment interest. Yet no notification or reason occurred in Epstein% case, according to court records. Epstein own attorneys, in federal filings, have referred to his confiden- tial deferred prosecution agreement with the US. attorney% office, struck in September 200Z as "un-. precedented" and "highly unusual." And it was "a significant inducement" for Epstein to-accept the state% deal, observed the state judge who accepted his plea, County Judge Deborah Dale Pucillo. Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him and now are seeking damages. Attorneys for some of those women want his agreement with federal prosecutors unsealed and will ask Circuit Judge Jef- frey Colbath to do so today. "It is against public policy for these documents to be have been sealed and hidden from public scrutiny. member of the public, has a right to have documents unsealed," wrote former Circuit Judge Bill Berger, now in private practice and representing one of the women. The Palm Beach Post also will ask Colbath to unseal the agreement. Post attor-. ney Deanna Shullman will argue that the public has a right to know the specifics of Epstein% deal. According to various media accounts, Epstein moved in circles that in- cluded President Clinton, Donald Tnunp and Prince Andrew. "International Moneyman of Mystery," de- clared a 2002 Nero York mag- azine profile of Epstein. Epstein, 56, is in the Palm Beach County Stock- ade, serving an 18-month sentence after pleading guilty nearly a year ago to felony solicitation of prostitution and procuring teenagers for prostitution. He is allowed out from 7 am. to 11 p.m., escorted a deputy, said Palm Be County Sheriffs Office spokeswoman 'Teri Barbera. During a Palm Beach Police Department in- vestigation, five victims and 17 witnesses gave statements. They told of young women brought by his assistants to Epstein% mansion on El Brillo Way for massages and sexual activity, and then being paid afterward. At Epstein% plea confer. ence last year, his attorney, Jack Goldberger, and then-Assistant State At Lanna Flipp approached a sidebar conference. Pucillo, who had left the bench nine years earlier, was filling in temporarily as a senior judge. According toatranscript, Goldberger told Pucilb that Epstein had entered a con- fidential agreement with the US. attorneys office in which federal prosecu- tors brokered not pursuing charges against him if he pleaded guilty in state court Pucilb then said she wanted a sealed copy of the agreement filed in his case, and Goldberger concurred nted it sealed. later signed off on The • Florida Supreme Court has expressed "seri- ous concern" and launched an all-out inquiry into seal- ing procedures across the state following media re- ports in 2006 of entire cases being sealed and disappear- ing from court records. 'The public% constitu- tional right of access to court records must remain invio- late, and this court is fully committed to safeguarding this right," justices wrote in their final report Epstein% office on lliesday referred any questions to Goldberger, who declined to comment. Pucillo also has declined to comment • Susan .spencer EFTA00183944
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ME PALM BEACH POST • HAMMY JULY 2, 2009 METRO REPORT IN COURT WEST PALM BEACH —An appellate court on Wednesday granted financier Jeffrey Epstein's request to block the unsealing of his non-prosecution agreement with the U.S.Attorney's Office while the court consid- ers his appeal. A circuit judge had ordered the release ot the documents, but Epstein attorney argued that it would cause "ir- reparable harm." Attorneys for women now suing Epstein and for The Palm Beach Post sought the documents' release. The Fourth District Court of Appeal blocked the unsealing while both sides present legal arguments and the court considers them. Epstein pleaded guilty last year to solicita- tion of prostitution and procuring teenagers for prostitution. EFTA00183945
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Epstein THE PALM BEACH POST FRIDAY, JULY-10,2009 EPSTEIN SEX PARTNER LOSES LAWSUIT AGAINST NEWSPAPER Pervy Palm Beach moneybags Jeffrey Epstein, who at the tail-end of his 18- month sentence for solicitation of prostitu- tion, is the talk of the legal world again. One of the young girls he invited up for strange sex when she was 16 lost her defamation lawsuit against The New York Post last week. Ava Cordero was asking for Got a news tip? Call Jose at $100 million because, in 200Z the paper outed her as a transgender person (boy to girl) and, she claimed, made her look like "a promiscuous slut." The paper quoted her MySpace page as saying she fantasized about being with multiple partners. A New York appel- late court sided with the tabloid, saying that Cordero herself gave the public the reasonable impression of promiscuity. Ya think? or e-mall EFTA00183946
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DOCKETING STATEMENT AND NOTICE OF APPEARANCE OF COUNSEL (Revised as of May 1, 2001) The Court requires the following information in order to facilitate disposition of the case. APPELLANT/PETITIONER: If this case Involves an original writ, is an appeal of a non-final order or is a case involving child custody, this docketing statement must be completed and returned within five days. In all other cases, the appellant must file the docketing statement within 20 days from the date of the acknowledgment of the notice of appeal. APPELLEE/RESPONDENT: Is apj required to file a docketing statement unless there are amendments, corrections or additions to the docketing statement filed by the appellant/petitioner. Appellee/respondent is only required to file a notice of appearance if counsel's name does not already appear on the certificate of service. Appellee's/respondent's docketing statement, if necessary, is due within 5 days from service of the appellant's/petitioner's docketing statement. PLEASE PROVIDE THE FOLLOWING INFORMATION: DOCKETING STATEMENT OF: (CHECK ONE) 1. STYLE OF CASE Jeffrey Epstein'. State of Florida APPELLANT/PETITIONER APPELLEE/RESPONDENT DCA CASE NUMBER 4D09-2554 LOWER COURT CASE NUMBER 2008 CF 009381A 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT (If party is not represented by counsel, party should so indicate and provide accurate mailing address and phone number). Name See attached. Bar Number Address Attorney For Phone Number Fax Number 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) Name See attached. Bar Number Address Attorney For Phone Number Fax Number 3. INTERESTED PERSONS: List names of all persons or entities having an interest in this matter. Please clarify whether these persons or entities are parties, lawyers or otherwise, and as to parties, designate whether appellant or appellee. See attached. EFTA00183947
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4. JUDGES BELOW: List the name of all judges, deputy commissioners and hearing officers/examiners who were involved in this action below. Specify the judge who entered the order appealed. Honorable Jeffrey J. Colbath (entered order appealed) 5. JURISDICTION: State the basis for this court's jurisdiction, including the following: (1) the appellate rule providing jurisdiction claimed 9.100(c)(1) and 9.140(b)(1)(D)• (2) the date of filing in the lower tribunal of the order appealed June 25.2009 ; (3) if this is an appeal from a final order, the date of the return of verdict in a jury action N/A the service date of any Fla. R. Civ. P. 1.530 motion N/A and the date of entry of the order deciding such motion N/A 6. PENDING MATTERS IN LOWER TRIBUNAL: Are there any matters, including counts of claims or Counterclaims, still pending in the lower tribunal? If yes, please explain exactly what remains pending. Not in the criminal case. There are civil cases pending against Mr. Epstein. 7. CURRENT AND PRIOR PROCEEDINGS IN THIS COURT: List by style and case number of this court, all cases which are or have been pending before this court involving issues arising from the same lower tribunal case and the current status of same: None. Criminal appeals: List by style and case number of this court all co-defendants currently or previously on appeal to this court. None. Similar Issues: List by style and case number of this court, all cases which are or have been pending before this court which are related to this action or which involve an issue which will be similar or determinative to the issue in this case on appeal. Epstein, Case No. 4D09-2409. If you become aware of appeals filed subsequent to the submission of this docketing statement involving a co-defendant in a criminal case, the same controversy or parties, or substantial similar issues, please file an amended response to this question. 2 EFTA00183948
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8. Court Transcript: Do you intend to order any portion of the transcript for the appeal? Yes No If yes, have all arrangements been made for its preparation? Yes No If yes, date ordered If no, why not? Already filed with court. Estimated date of completion: Estimated number of pages: Name and address of court reporter(s): 9. CUSTODY STATUS IN CRIMINAL APPEALS: Is the appellant in custody and serving a sentence imposed as a result of a conviction which is the subject of this appeal? ves If so, state the length of the sentence imposed. 18 months iail followed by 12 months community control 10. ISSUES: If this case involves the determination of the constitutionality of a statute, cite the statute involved. N/A Please state in short form the anticipated issues raised. For example, on criminal issues: denial of motion for judgment of acquittal, denial of motion to suppress evidence, error in sentence; on civil issues, award of alimony, error in valuation of assets for equitable distribution, error in determining contract damages; error in admission of hearsay at trial. Error in unsealing confidential federal non-prosecution agreement and addendum. 11. TYPE OF CASE: PLACE A CHECK BY THE MOST APPROPRIATE TYPE OF CASE: A. Civil 1. Domestic Relations - divorce, child custody, paternity or support 2. Child dependency 3. Adoption/Termination of Parental Rights 4. Professional Malpractice 5. Products Liability 6. Negligence 7. Contract or Indebtedness 8. Condominium - rules violations, developer suits 9. Foreclosure - mortgage, lien 10. Inmate Appeal - gain time, rule challenges, disciplinary action 11. Attomey's Fees 12. All others - specify 3 EFTA00183949
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B. Criminal 1. Direct Appeal - judgment and sentence 2. Direct Appeal - sentence only 3. Direct Appeal - juvenile 4. Collateral Attack - (Rule 3.850 or habeas corpus) - judgment and sentence 5. Collateral Attack - (Rule 3.800, Rule 3.850 or habeas corpus) - sentence only 6. Collateral Attack - juvenile 7. Appeal by the State 8. All Others - specify unsealing of confidential federal non-prosecution agreement C. Administrative 1. Department of Professional Regulation 2. Unemployment Appeals Commission 3. Rule Challenge - specify agency 4. All others - specify Certificate of Service I certify that a copy hereof has been furnished by of July , 2009, to: See attached. mail this 8'44... day mail/hand delivery/fax ignat r A-4-4-12-44- (Print Name) 4 EFTA00183950
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2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT Florida Bar No. BARBARA J. COMPIANI Florida Bar No. KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 501 South Flagler Drive, Suite 503 West Palm Beams_ 33401-5913 Phone: Fax: Email: Appellate counsel for petitioner ROBERT D. C Florida Bar No. BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 515 North Flagler Drive, Suite 400 West P 3401 Phon Fax: Counsel for petitioner JACK A. GOLDBERGER Florida Bar No. ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West P u 3401 Phon Fax: Counsel for petitioner EFTA00183951
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2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) WILLIAM J. BERGER Florida Bar No. ROTHSTEIN ROSENFELDT ADLER 401 East Las Olas Boulevard, Suite 1650 Fort Lauderdale FL 3 394 Phone: Fax: Counsel for non-party intervener,M. DEANNA K. SHAS1 Florida Bar No. THOMAS, LC SE NIRIn BRALOW, P.L. 400 North IM Drive, Suite 1100 P. O. Box 2602 (33601) Tampa, F Phone: Fax: Counsel for non-party intervener, Palm Beach Newspapers d/b/a The Palm Beach Post SPENCER T. Kial Florida Bar No. LEOPOLD-KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens. FL 33410 Phone: Fax: Counsel for non-party intervener, Florida Bar No. STATE ATTORNEY'S OFFICE--WEST PALM BEACH 401 North Dixie Highway West Palm ch FL 33401 Phon • Fax: Counsel for respondent, State of Florida Florida Bar No. U.S. Attorney's Office--Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Fa Fax: EFTA00183952
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3. INTERESTED PERSONS: of State Attorney's Office--West Palm Beach (counsel for respondent, State of Florida) • (non-party intervener) William J. Berger of Rothstein Rosenfeldt Adler (counsel for non-party intervener,...) Honorable Jeffrey J. Colbath (circuit court judge) Barbara J. Compiani of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Robert D. Critton of Burman, Critton, Luttier & Coleman (counsel for petitioner) Jeffrey Epstein (petitioner) Jack A. Goldberger of Atterbury, Goldberger & Weiss, P.A. (counsel for petitioner) of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Spencer T. Kuvin of Leopold-Kuvin, P.A. (counsel for non-party intervener,..) Honorable Kenneth A. Marra (judge, Southern District of Florida) Palm Beach Newspapers d/b/a The Palm Beach Post (non-party intervener) Deanna K. Shullman of Thomas, Locicero & Bralow, P.L. (counsel for non-party intervener, The Palm Beach Post) U.S. Attorney--Southern District EFTA00183953
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State of Florida (respondent) i• (non-party intervener) EFTA00183954
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