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
EFTA00233329
549 pages
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THE 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 Saill Writer 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 chairs, opting instead to give Epstein lawyers a chance to demonstrate why it should remain hid- den from public view. Circuit Judge Jeff Colbath ac- knowledged at a hearing that Epstein's deal was not sealed in state court in ac- cordance with the rules. "I 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 Epstein 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. "Ilk 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? It's transparent. Certainly no one else gets treated like that," Edwards said. Epstein, 56, a reported money manager of billion- aires, 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 woolen were be- ing brought to Epstein's mansion on El Brillo Way to massage him and have sex with him in exchange for money. Epstein§ 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. e Susan_spencer_ wendel@pbpost.com EFTA00233589
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THE PALM BEACH POST • WEDNESDAY. RAE 10, 2009 Women want sex plea deal unsealed Their attorneys will ask a judge to open Jeffrey Epstein's records. By SUSAN SPENCER-WENDEL Palm Beach Past Ste Weiler WFSC PALM BEACH - When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to pro- curing teehs 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 prosecute tors to avoid charges should be sealed, according to a transcript of the hearing. And so it was. But Florida rules of judicial adniin- 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 EPSIEIN, 4A II. See past coverage of Jeffrey Epstein's sex scandals. PannBeachPost.com/epstein. EFTA00233590
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Public has right to know details of deal, Post attorney will claim IIP• 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. attorneyk office, struck in September 2007, 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 dam 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. As a member of the public, E.W. has a right to have these 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 attont 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 Trump and Prince Andrew. "International Moneyman of Mystery" de- clared a 2002 New 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 a.m. to 11 p.m., escorted by a deputy, said Palm Beach County Sheriff's 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's plea confer- ence last year, his attorney, Jack Goldberger, and then-Assistant State At- torney Lanna Belohlavek approached Pucillo in a sidebar conference. Pucillo, who had left the bench nine years earlier, was filling in temporarily as a senior judge. According toa transcript, Goldberger told Pucillo that Epstein had entered a con- fidential agreement with the US. attorney's office in which federal prosecu- tors brokered not pursuing charges against him if he pleaded guilty in state court Pucillo then said she wanted a sealed copy of the agreement filed in his case, and Goldberger concurred that he wanted it sealed. Belohlavek later signed off on it. The Florida Sunl it& Court has expressed "seri- ous concerti' 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 publick 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's office on Thesday referred any questions to Goldberger, who declined to comment. Pucillo also has declined to comment. esusan_spencer we deliapbpost.com EFTA00233591
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THE PAI M BEACH POST • iHURSDAY. JULY 2.2009 METRO REPORT 11InT 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.Attomey's Office while the court consid- ers his appeal. A circuit judge had ordered the release of 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. EFTA00233592
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Epstein THE PALM BEACH POST mrh- • 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 Cordaro was asking for $100 million because, in 2007, 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 *Space 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? Got a news tip? Call Jose at (5611820-4725 or e-mail jose_lamblet@pbpostoom EFTA00233593
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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 dale of the acknowledgment of the notice of appeal. APPELLEE/RESPONDENT: Is not 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) APPELLANT/PETITIONER APPELLEE/RESPONDENT 1. STYLE OF CASE Jeffrey EpsteinI. State of Florida DCA CASE LOWER COURT NUMBER CASE NUMBER 4D09-2554 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. EFTA00233594
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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. E.W. I 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 EFTA00233595
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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 fail 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. Attorney's Fees 12. All others - specify 3 EFTA00233596
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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 6444.- day mail/hand delivery/fax ignaat i a."-A4a JANE KREUSLER-WALSH (Print Name) 4 EFTA00233597
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2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT JANE KREUSLER-WALSH BARBARA J. COMPIANI LA..1111.171 JUI I ROBERT D. CRITTON MEE JACK A. GOLDBERGER Counselor petittoner EFTA00233598
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2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) WILLIAM J. BERGER ounsel or non-party intervener, DEANNA K. SHULLMAN Counsel for non-party intervener, Palm Beach Newspapers d/b/a The Palm Beach Post SPENCER T. KUVIN Counsel for non-party intervener, B.B. JUDITH STEVENSON ARCO H Counsel for respondent, State of Florida JEFFREY H. SLOMAN EFTA00233599
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3. INTERESTED PERSONS: Judith Stevenson Arco of State Attorney's Office--West Palm Beach (counsel for respondent, State of Florida) B.B. (non-party intervener) William J. Berger of Rothstein Rosenfeldt Adler (counsel for non-party intervener, E.W.) 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) Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Spencer T. Kuvin of Leopold-Kuvin, P.A. (counsel for non-party intervener, B.B.) 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 Uistnct EFTA00233600
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State of Florida (respondent) E.W. (non-party intervener) EFTA00233601
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CERTIFICATE OF SERVICE ATTORNEY'S SOUTHERN DISTRICT JUDITH STEVENSON ARCO STATE ATTORNEY'S OFFICE 401 North Dixie Highway West Palm Beach, FL 33401 WILLIAM J. BERGER DEANNA K. SHULLMAN ROTHSTEIN ROSENFELDT ADLER THOMAS, LOCICERO & BRALOW, P.L. SPENCER T. KUVIN ROBERT D. CRITTON LEOPOLD-KUVIN, P.A. JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. BURMAN, CRITTON, LUTTIER & COLEMAN EFTA00233602
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KREUSLER-WALSH, COMPIANI & VARGAS, P.A. , ES P0S/4 Zwee= awn ar Sam a r • S PITNEY DOWER, 02 1P 0004162054 JUL 08 2009 MAILED FROM ZIP CODE 33401 $ 000.61° 11111111 JEFFREY H. SLOMAN U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 S.S-14-45:623S '0023 11111111111111,111 11111,11,11i111t1111f11111lI 1111 EFTA00233603
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Fourth District Court of Appeal 1525 Palm Beach Lakes Blvd. West Palm Beach, Florida 33401 (561)-242-2000 ACKNOWLEDGMENT OF NEW CASE DATE: July 1, 2009 STYLE: JEFFREY EPSTEIN 1. STATE OF FLORIDA 4DCA#: 4D09-2554 The Fourth District Court of Appeal has received the Petition reflecting a filing date of 7/1/09 The county of origin is Palm Beach. The Iowa tribunal case number provided is 200980;009381A The filing fee is Paid In Full - $300. Case Type: Certiorari Criminal The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER. Please review and comply with any handouts enclosed with this acknowledgment. RECEIPT JEFFREY EPSTEIN I. STATE OF FLORIDA 4DCA#: 4D09-2554 Receipt # R2009-1015476 Method of Payment: CK Check # 25986 PAYER: Jane Kreusler-Walsh Filing Fee: $300.00 Total: $300.00 EFTA00233604
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cc: Barbara J. Compiani Jane Kreusler-Walsh Deanna K. Shullman Hon. Jeffrey J. Colbath Jack A. Goldberger State Attorney-P.B. Spencer T. Kuvin Robert D. Critton, Jr. U.S. Attomey'S Office William J. Berger EFTA00233605
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DISTRICT COURT OF APPEAL FOURTH DISTRICT 1525 PALM BEACH LAKES BLVD. WEST PAUA BECK FLORIDA 33401 CK U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 4D09-2554 3340i-1-S23S )AmILAMH rr -J V:51 017H15532992 50.442 07101/2009 Mceled From 33401 O 0, .O EFTA00233606
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 July 1, 2009 CASE NO.: 4D09-2554 L.T. No. : 20098CF009381A JEFFREY EPSTEIN STATE OF FLORIDA Appellant / Petitioner(s), Appellee / Respondent(s). BY ORDER OF THE COURT: ORDERED that the motion to file under seal is granted. ORDERED FURTHER that this court grants the Motion to Use One Appendix to Support the Emergency Petition for Writ of Certiorari and Emergency Motion to Review Denial of Stay. ORDERED FURTHER that this court grants petitioners Emergency Motion to Review the Order June 26, 2009, that denies the motion for stay. The June 25, 2009, order granting the motion to unseal is stayed pending further order of this court. ORDERED FURTHER that within ten (10) days of this order respondent shall show cause why the petition should not be granted. Respondent shall address this court's jurisdiction to review the order as well as the merits of the petition. ORDERED FURTHER that petitioner may have ten (10) days thereafter to reply. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Sharon R. Bock, Clerk Robert D. Critton, Jr. Deanna K. Shullman Hon. Jeffrey J. Colbath dl Barbara J. Compiani Jane Kreusler-Walsh Spencer T. Kuvin A anters StiSordelen ARILeYN BEUTTENMULLER, Clerk Fourth District Court of Appeal Jack A. Goldberger U.S. Attorney's Office William J. Berger EFTA00233607
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DISTRICT COURT OF APPEAL Fougm Disna 1525 PMM BEACH LAKES DSO. WEST P ALIA BEACH, FLORIDA 33401 DL U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 " 4D09-2554 C17?-:15532992 K $0.44Q 07/0112009 NIZtle0 From 33/10 i US POSTAGE EFTA00233608