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Prosecutors Must Turn Over Docs In 
Billionaire Sex Offender Jeffrey Epstein 
Case 
John Pacenti, Daily Business Review 
April 22, 2014 
Roy Black 
Partner 
Black, Srebnick, Kornspan & Stumpf 
Attorneys for two alleged sexual assault victims trying to negate a federal nonprosecution 
agreement with billionaire pedophile Jeffrey Epstein applauded a decision by a federal appellate 
court as a triumph for victims' rights. 
But Epstein's celebrity defense attorney Roy Black said the decision by the U.S. Courts of Appeals 
for the Eleventh Circuit in Atlanta undercuts the plea negotiation process and attorney-client 
privilege. 
The U.S. Court of Appeals for the Eleventh Circuit affirmed an order requiring prosecutors to turn 
over documents about plea discussions with Epstein. The decision also lifted an appellate stay on 
the ruling by U.S. District Judge Kenneth Marra in West Palm Beach to allow the release of 
documents to the women, identified in court papers only as Jane Doe No. 1 and Jane Doe No. 2. 
The women say they were sexually molested as minors by Epstein and claim federal prosecutors 
violated the Crime Victims' Rights Act when they negotiated the nonprosecution agreement in 
2007. 
Both sides agreed the opinion sets a precedent unrivaled in other federal circuits. 
"So much of the legal area of victims' rights is breaking new ground and new territory," said Jay 
Howell, a Jacksonville appellate lawyer who represented the women. "The court decision here 
expands the rights of the victims and the victims' ability to discover information about the criminal 
case." 
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He said the women have stuck with the case out of "a fundamental sense of injustice" for the 
underage victims of Epstein. 
Black, a partner at Black, Srebnick, Komspan & Stumpf in Miami, said the 23-page opinion issued 
Friday has wider implications in plea bargains. No longer can defense attorneys be candid with 
prosecutors when trying to negotiate a plea, he said. 
"This is now the leading precedent holding that plea bargain discussions are not confidential, and 
now criminal defense lawyers must censor their communications with prosecutors," Black said. 
"The Eleventh Circuit has ruled there is no privilege, there is no confidentiality." 
Miami attorney Joseph DeMaria, a partner at Fox Rothschild and former federal prosecutor, said 
while the opinion is legally correct, it could have a significant impact on the 90 percent of federal 
cases resolved by pleas. He said it now is up to Congress to amend the Crime Victims' Rights Act 
to carve out a safeguard for defendants. 
He foresees "a chilling effect on plea negotiations where victims are aggressively seeking 
information? 
"If these type of plea discussions are now discoverable by victims, then it's going to cause 
significant problems for the government and defendants in trying to resolve criminal cases," 
DeMaria said. 
Epstein was accused of luring underage women to his Palm Beach mansion for sex. The television 
show "Law & Order SVU" had a "ripped from the headlines" episode based on Epstein, who is 
also known for his celebrity connections Flight logs show former President Bill Clinton flew on 
Epstein's private plane 10 times from 2002 to 2005. 
Plea bargain 
The appellate case stems from a decision by federal prosecutors not to charge Epstein if he 
pleaded guilty to state charges in Palm Beach Circuit Court for soliciting an underage girl for 
prostitution. He was sentenced to 18 months in jail and house arrest. 
Epstein moved back to New York City from Palm Beach after he finished his sentence. 
The women contend they could have argued against the nonprosecution agreement if they were 
informed before the agreement was reached. 
"Our clients want to see Mr. Epstein held accountable for the numerous sex offenses he committed 
against many children," said Bradley Edwards, the women's trial counsel and a partner at Farmer, 
Jaffe, Weissing, Edwards, Fistos & Lehrman in Fort Lauderdale. 
Edwards said the documents at this point will be disclosed only to the plaintiffs and will not become 
part of the public record. 
Andrew Levi, a partner at Lehr Levi & Mendez in Miami and former federal prosecutor, said once 
documents are in the hands of civil attorneys they can easily be passed on to news media or put in 
other court records. 
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"It's not as if they are given to the attorney with any type of limitation attached," he said. "We are 
going to have to see how this plays out in the future to determine if this decision has a chilling effect 
on the candor and possibly the effectiveness of communications by defense counsel when 
negotiating a plea." 
Unanimous opinion 
Epstein's criminal defense attorneys, Black and Martin G. Weinberg of Boston, intervened in the 
appeal as third parties. The appellate ruling was written by one of the more conservative members 
of the Eleventh Circuit. 
Judge William H. Pryor said the federal rule of evidence cited by Epstein in the interlocutory appeal 
did not protect him against discoverability of plea negotiations. 
"And even if they did, Epstein clearly falls outside its protection because he entered a guilty plea 
and the victims intend to use the correspondence against the United States, not against Epstein," 
Pryor wrote. 
He was joined in the unanimous decision by Judge Beverly Martin and U.S. District Judge 
Charlene Edwards Honeywell of Orlando, sitting by designation. 
The U.S. attorneys office in Miami argued before Marra that the victims did not need to be notified 
of the agreement because the women's liberty was not at stake. It also took the position that the 
Crime Victims Right Act did not apply unless federal charges were filed against Epstein. 
Victims' Rights 
Howell said the decision indicates how courts have come around to the victim's point of view. He 
said as a state prosecutor in 1978, victims' rights were nearly non-existent. 
"There has been a fundamental change in the courts," he said. "It's only been in the last 30 years 
that courts examines things from the view point of the victim." 
He said plaintiffs attorneys have asked the Justice Department in Washington why Epstein was 
offered the nonprosecution agreement but were told all decisions on the billionaire were made in 
Florida. 
"Why was such a lenient deal offered?" Howell asked. "Washington is supposed to be tough on 
crimes against children, but the decision in this case certainly disputes that policy." 
Copyright 2014. ALM Media Properties, LLC. All rights reserved. 
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Appeals Court Rules in Favor of Crime Victims' 
Rights in Registered Pedophile Jeffrey Epstein Case 
In a landmark decision, the US Court of Appeals for the Eleventh Circuit Court on 
April 18 2014, ruled In favor of two crime victims represented by Farmer Jaffe 
WelteJng Partner Brad Edwards and his co-counsel. Paul Cassell 
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Philos & Lehrman P L 
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Appeals Court Rules in Favor of Came Victims' 
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In a landmark decision. the V S Cowl of Appeals 
for the Eleventh Ciecul Court on April 18. 2014 
ivied In favor of two crime deigns represented by 
Farmer. fats Wafting. Edwards Filet 
Lehrman Partner Brad Edwards and he co-coansel Paul Cassell. Ronald N. Boyce Presidential 
Pf0105$01 of Criminal Law - S.J. aumney Col ego of Low al the Unisersity of Utah. The ruling uphold the 
Darnel Court wrath ordered the United Stales Attorney's Dike to made the yams and their 
adocatcs the largo .dune of correspondence exchanged between Jeffrey Epstein and the Dr:nommen! 
that resulted In the goiemmant electing not to Federally prosecute Epstein lor his many sexual crimes 
against children. Attorneys Edwards and Cassell argued the case bolero the Elmonlh Circuit in 
February. against attorneys Roy Black and Marlin Weinberg 
The case in oleos a federal criminal in atigzeicri that resulted la the Federal Gcnomment learning that 
Jeffrey Epste n and certain co-conspirators scrawly abused dozens and dozens of minor girls in West 
Palm Beach. Florida. Epstein ull-maiely reached a plea deal under watch he plead gu Hy only to a MEMO 
charge of procuring a minor lot prostitution in exchange for the Federal Gcnornmonl agree rig not to 
pursue federal sox climes on behalf of mom than 40 dooms. Represented by Attorney Brad Edwards 
and Paul Cassel. Iwo of the gds sought to ham the plea deal Woven out because prosecutors had not 
informed them of what was happen rig and had taken steps to conceal the peculiar plea arrangements. 
The tad rns moved to rime access to the correspondence between prosecutors and dolonso attorneys 
to prom thaw case 
The EleveMh Circuit ruled that that the riches were entitled to haw ;Cent to the melons!, Agreeing 
wth Attorneys Edwards and Cassel. the Elmenth Circuit need that the communications were not 
pneleged or otherwise barred from distribution The ElotoMh Cretin Greta mod that the yams should 
Iiir.oy an eMdenhary benefit from the disclosure of plea negotiations to prove where the United Stales 
Violated their rigNs ‘ndisi the [Come Viet mi Rights) Act 
Upon teaming of the ruling Attorney Brad Edwards stated 'The Notion halo fought hard for almost 6 
years now to team why the person who molestea them and many other ch.ldren was ultimately allowed 
to the ahem the law end mold being held accountable for his crimes. I'm planed that The Elmenth 
Circuit has made this ruling which will bring the Vet ms one step closer to knowing the hulh. Wealth and 
power should not invnunze anyone from punishment for harmful sexual acts against children, in the 
circumstances when it does the mclims should al least ham access to the explanation why. These 
documents should begin to explain' 
Farmer Jere We sting Edwards Fistos & Lehrman. P L., a Fon Lauderdale Negation pain, focuses on 
Consumer Class Act an Personal Injury. Wrongful Death and WhIstleblcsver Stet Idol teals The line 
is headquartered al 425 N Andrews Avenue. Stele 2 and may be reached al (800)400-1096 a (954) 
524.2820. Additional informahon about Brad Edwards. or Farrar. Jab.. Wresting. Edwards & Lonnie. 
P.L. may be obtained from the Irrn's websie al Imp irwww,p,oloprfpc,:,a;talgmpary_plarl.-0451625.f. 
IggailsWAY.01Abe‘fell4S5,601.C.015. of 00.P. :15Ww.P.Oettejtrilli:V.e WI* 
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57/2014 
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•Case9:08-cv-80736-KAM Document 247-5 EnteredonFLSDDocket05/02/2014 Page 8 of 12 
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• 5,2/23ase 9:08-cv-8073644404KCoutWytworffEt VaSvicERnIgicttiloSrfeteftPfletikqtrOMM0434e Page 9 of 12 
Farmer, Jaffe, Weissing, 
Edwards, Fistos Et Lehrman, P.L. 
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Appeals Court Rules in Favor of Crime Victims' Rights in Registered Pedophile Jeffrey E Epstein Case 
Posted on Wed, Apr 23,2014 
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N THE UNIT I D STATES COURT OF APPEALS 
FUR THE ELEVENTH CIRCUIT 
No 11.12923 
D.0 Docket No.9 OS•cv.80736-KASI 
JANE DOE NO. I. 
JANE DOE NO 2. 
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setup 
UNITED STATES OF Al 'MC 
Dtforbeti. 
ROY BLACK. 
MARTIN 0 WEINBERG. 
SEEFRE1 EPSTEIN. 
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• simoiCase 9:08-cv-8073444thlaburtDoeurruasibWigisEticu&ntweakabbittifigbauloaff$9.102430394 Page 10 of 
12 
On Friday, April 18, 2014, the Eleventh Circuit mad that discovery can move forward in an important Crime Victims' Rights Act case 
that my co-counsel Paul Cana and I (Prod Edwards) have been litigating for nearlysix years. The narrow issue before the Circuit was 
whether prosecutors and defense attorneys share an absolute privilege, to the exclusion of even the victims of the crime, so as to 
prevent anyone (including the victims) from knowing anything about the plea discussions. The District Court ruled that no such privilege 
exists and the 11th Circuit has now agreed. In Ws case, the ruling means that the victims will have a chance to review the 
correspondence exchanged between Epstein and prosecutors to learn how (panty the secretive deal was reached while the victims 
were lead to believe a prosecution was underway. The ruling will also get the victims one step closer to retuning to the district court and 
seeking to invadale the plea agreement that was consummated In violation of their rights. We hope that the case wit ultimately set en 
Important precedent establishing the timing for when victim's rights are triggered and ultimately prevent prosecutors from keeping 
victims in the dark about the plea deals reached with perpetrators. 
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Here are the important facts, taken from the Eleventh Circuits opinion: In 2006 the FBI began investigating allegations that Jeffrey E. 
Epstein had sexually abused dozens and dozens of minor girls. The titled States Attorneys Office for the Southern Disbict of Florida 
accepted Epstein's case for prosecution, end the FBI Issued victim notification letters to my two clients, minors Jane Doe No. 1 and 
Jane Doe No. 2, In June and August 2007. Extensive plea negotiations ensued between the United States and Epstein. Despite the 
investigation revealing that Epstein had molested more than 40 minor girls, in Late 2007, the United Stales entered into a non-
prosecution agreement (NPA) with Epstein - esseNiatly egree:ng to immunize Epstein for al of the Federal Sex crimes he committed in 
exchange for his offer to plead gritty to minor Florida state offenses (e.g., soficitation of prostitution), for Mich he served the majority of 
his "Ume" In a lush private office, as opposed to a coo. 
During the Federal Plea negotiations, not only did the United Slates neglect to "meaninghey confer" with the victims before it entered 
into the agreement with Epstein, It also concealed its existence of the agreement for at least 9 months. For example, the United States 
sent post-agreement letters to the victims reporting that the 'case Is currently under InvesUgallon" and explaining the( 111hIs can be a 
length'? Process and we request your continued patience wile we conduct a thorough investigation." Some of those tenon were 
delivered to victims as late as May. 2008 - many months after the NPA was signed and Just before Epstein's state court plea that served 
to permanently extinguish the fights of victims. 
http/Awwinellitciusfice.ccmblogfeld/343584/Appeals.CourtAules-in-Fect-ol-Crirre-Vicbrre-Rights-inReglsteredPedophile-JerfreyE•Epstdn-Casert U2On.. 
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• sonAltase 9:08-cv-80736019traceoeunlentof3WdlectentenoinlYi2oRiCteceeektetreSeMels4 Page 11 of 
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OnJime 27, 2008. the United Stales Informed me that Epstein planned to plead guilty to the Florida state charges three days later. But 
the United Stales failed to disclose that Epstein's pleas to those stale charges arose from his federal norkprosecution agreement and 
that the pleas would bar a federal prosecution. As a result, the victims did not attend the stale court proceedings. In fact, Federal 
prosecutors asked that I express my concerns about Mr. Epstein in a letter addressed to them. I sent that letter on July 3.2008 detailing 
the reasons why federal prosecution of Mr. Epstein were extremely important for the safety of children. This exercise was obviously 
fullie,.especiaty In light of the fact that the plea to welch Epstein had already entered brought on end to any chance of federal 
prosecution. 
On July 7, 2008, while under the mistaken belief (along with my dents) that a federal plea deal was imminent and should be slopped - at 
least to give my chants a chance to fast confer with the prosecutor as to the terms of the plea deal - I filed a petition alleging that Jane 
Doe No. 1 was a victim of federal sex crimes committed by Epstein and that the United States was wrongfully excluding her from plea 
negotiations. We also alleged that the prosecutors had violated her rights under the r4Ime Victims' Rights Act ICVRA) — specifically 
her rights to confer with federal prosecutors, to be treated with fairness, to receive timely notice of relevant court proceedings, and to 
receive information about restitution. The United States response was the first time we realized that there was no imminent federal plea 
to stop - the deal had already been done. By telling my clients to be patient, and by having me spend lime writing letters about the need 
to prosecute Mr Ensteln the United States had effectively run out the clock on my clients' rights. Remarkably, the United Stales, in its 
pleadings, defended the °legations that it had violated the victims' rights byclaiming the Act did not apply to pre-indictment 
negoliehons with potential federal defendants; therefore, the victims' 'rights' had never been triggered and thus could not have been 
violated. The defense was that the victims had no rights...despite the CVRA. 
After Jane Doe No. 2 joined the initial petition, the district cowl (Mane J  ) found that both women qualified as `crime victims' under the 
Act. The district court later rejected the Government's argument that the CVRA only apples after a federal criminal indictment has been 
filed. 
Among other relief, we sought rescission of the non
-prosecution agreement as a remedy for the violation of the victims' rights. To make 
the case for such a remedy, we moved for discovery of the correspondence between the United States are Epstein's attorneys during 
the plea negotiations. Epstein's attorneys intervened, arguing that Federal Rule of Evidence 410 and Federal Rule of Criminal 
Procedure 11 create a privilege for plea negotiations blocking release of the correspondence. They also argued that the cowl should 
find that the materials were protected under the work product doctrine or. alternatively, should be protected under a new 'common-taw 
privilege for plea negotiations' Yes, Epstein's defense attorneys argued al the Distnct level and appellate level that absolute 
cordidentiality should exist between defendants and prosecutors to the exclusion of everyone • including the victims of the crime. 
The district court lirsl cued that rescission of the olea aoreement viaS a possible remedy under the Act The court then riled that we 
were entitled to review the correspondence, rejecting all of Epstein's arguments. 
On Friday, the Eleventh Circuit pffirmed the district courts decision At pp. 18-22, the Circuit concluded that there was no basis for 
restricting access to the correspondence when the victims had a legitimate need to review. The Cirtadt rejected, for example, the work 
product argument: 
Disclosure of work-product materials to an adversarywaives the work-product privilege. See, e.g., In re Chrysler Motors Corp. Overnight 
Evaluation Program Litig., 860 F.2d 844, 846 (8th Cir. 1988); In re Doe, 662 F2d 1073, 1081-82 (4th Cir. 1981). Even if it shared the 
common goal of reaching a quick settlement, the United States was undoubtedly adverse to Epstein during Its Investigation of him for 
federal offenses, and the Intervenors disclosure of their work product waived any claim of privilege... 
The Circuit also declined to recognize a new privilege for 'plea bargaining': 
As a last-dilch effort, the Intervenors contend %atilt( more is needed In addition to the plain language of Rule 410 to preclude 
disclosure of the correspondence to plaintiffs, it can be found in the conjunction of Rule 410, the work-product privilege, and the Sixth 
Amendment right to the effective assistance of counsel in the plea bargaining process: but this novel argument falls too. As explained 
above. Rule 410 does not create a privilege and the Intervenors waived any work-product privilege. The intervenors concede too that 
the right to counsel under the sixth Amendment had not yet attached when the correspondence was exchanged. Lumley. City of Dade 
City, Fla., 327 F.3d 1186, 1195 (11th Cl;. 2003) (Vibe Sixth Amendment right to counsel ordinarilydoes not arise until there is a formal 
commitment by the government to prosecute,' such as reformat charge. preliminaryhearing, indictment information or arraignment?). 
The 'conjunctive' power of three fake claims of privilege does not rescue the correspondence from disclosure.. . . 
The Supreme Court has Identified several considerations relevant to whether a court should recognize an evidentiary privilege—the 
needs of the public, whether the privilege Is rooted in the Imperative for confidence and Mist, the evidentiary benefit of the denial of the 
privilege, and any consensus among the slates, Jaffee I Redmond, 518 U.S. 1, 10-15, 116 S. CI. 1923, 1928-31 (1996)—IM none of 
these considerations weighs in favor of recognizing a now privilege to prevent discovery of the plea negotiations. Although plea 
negotiations are vital to the functioning of the criminal justice system, a prosecutor and target of a criminal investigationdo not enjoy a 
relationship of confidence arid trust when they negotiate. Their adversarial relationship, unlike the confidential relationship of a doctor 
and patent or attorney and client, warrants no privilege beyond the terms of Rtle 410. See Jaffee. 518 U.S. at 10, 116 S. Cf. at 1928. 
But the victims would enjoy an evidentiary benefit from the disclosure of plea negotiations to prove whether the United States violated 
their rights under the Act 
The bigger Issue is whether the Crime Victims' Rights Act Is going to be taken seriously by prosecutors and the courts. We have a very 
strong case that, prodded by Epstein, the federal prosecutors deliberately concealed the sweetheart plea deal they had cooked up with 
him to avoid public criticism of the deal. But the CVRA was the law of the land and required the prosecutors to confer with the victims 
about the deal • before It was made. I am hopeful that this "ease stbstarillates and advances the rights of crime victims In the criminal 
hdprmw,vpathic{usuce.ccnvticoartraissurAppeals-Courtaties-in-Faor-olcrirne-trictirns•Rightafrolegisterecf-PetbratioJetfreyE•Epstein•Caseif.u2On... 34 
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• svto€ase 9:08-cv-80736peatdotaawareatotilan5ActEcitesedraegRix5ThelisakettrgilliRaillast Page 12 of 
process al an early stage. and that ultimately the violation of our car& rights in this case can be resurrected through the invaIdation of 
this agreement that was reached In violation of their rights. 
Tags: Crime Victims Rights.m1 QM Jeffrey E Epstein Florida Recustered Sexual Offender 
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OD 2013 • Path To Justice 
FARMER, JAFFE. WEISSING, EDWARDS, FISTOS 8 LEHRMAN, P.1., 
425 North Andrews Avenue, Suite 2. Fon Lauderdale. FL 33301 
htip /NAsw pathlofusbcacarrtioakid/343584/Appeals•Court-Pules-tn-Finor-of•C/Ime-VictIms-Rights-In-Registered-Pedaphile-JeffrerBEpSleInCase/I.U20n, 
414 
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Case 9:08-cv-80736-KAM Document 247-1 Entered on FLSD Docket 05/02/2014 Page 1 of 9 
EXHIBIT 1 
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Case 9:08-cv-80736-KAM Document 247-1 Entered on FLSD Docket 05/02/2014 Page 2 of 9 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 08-80736-CIV-MARRA/JOHNSON 
JANE DOE # I and JANE DOE #2, 
Plantiffs, 
1. 
UNITED STATES OF AMERICA, 
Defendant, 
ROY BLACK, et al., 
Intervenors 
PROPOSED 
ORDER OF CONFIDENTIALITY ("PROTECTIVE ORDER") 
THIS CAUSE came before the Court upon the Intervenors' Motion Fora Protective 
Confidentiality Order and Incorporated Memorandum of Law. For the reasons that the Court 
will set forth in a separate forthcoming Order, the motion is hereby GRANTED. 
Now, therefore, it is ORDERED that: 
1. 
This Protective Order applies to all correspondence between the United States 
Attorney's Office and the intervenors, including any attachments thereto, that was the subject 
of the Court's Order of June 18, 2013 (Doc. 188), hereinafter referred to as the "Confidential 
Discovery Material" or "CDM." 
2. 
The parties shall designate the CDM by marking them on the face of the 
writing: 
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Case 9:08-cv-80736-KAM Document 247-1 Entered on FLSD Docket 05/02/2014 Page 3 of 9 
CONFIDENTIAL - SUBJECT TO STIPULATION AND ORDER OF 
CONFIDENTIALITY. 
The marking shall be affixed in such a manner as not to obliterate or obscure any written 
matter. With respect to discovery materials produced electronically, the designation of 
Confidential may be made on the outside of the disk or cd. 
3. 
In the event that the Producing Party inadvertently fails to designate any CDM 
as confidential in this Action, it may make such designation subsequently by notifying all 
parties to whom such discovery material was produced, in writing as soon as practicable. 
After receipt of such notification, the parties to whom production has been made will treat 
the discovery material and all copies as having been designated as CDM. 
4. 
The parties agree that the CDM, or any summary thereof, shall be used solely 
for the purpose of this Action and for no other purpose without prior written approval from 
the Court or the prior written consent of the Producing Party and the Intervenors. All persons 
receiving or given access to CDM in accordance with the terms of this Protective Order 
consent to the continuing jurisdiction of this Court for the purposes of enforcing this 
Protective Order and remedying any violations thereof. 
5. a. CDM shall not be disclosed to anyone other than the following categories of 
persons: 
(i) The Court (and any appellate court), including court personnel. 
-2-
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