EFTA00233329

Case 9:08-cv-80811-KAM 
Document 33 
Entered on FLSD Docket 01/07/2009 
Page 39 of 41 
Case 9:08-cv-80736-KAM 
Document 14 
Entered on FLSD Docket 07/15/2008 
Page 19 of 21 
*mit 
BRAD EDWARDS, ESQ 
NOTIF ICA !ION OF IDENTIFIED VICTIM 
Juin, 9.2008 
PAGE 2 or 2 
had been tried federally and convicted of an enumerated offense. For purposes 
of implementing this paragraph, the United States shall provide Mr. Epstein's 
attorneys with a list of individuals whom it was prepared to name in an 
Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial 
authority interpreting this provision, including any authority determining 
which evidentiary burdens if any a plaintiff must meet, shall consider that it is 
the intent of the parties to place these identified victims in the same position 
as they would have been had Mr. Epstein been convicted at trial. No more; no 
less." 
Through this letter, this Office hereby provides Notice that your client. ClImileWal 
is an individual whom the United States was prepared to name as a victim of an enumerated 
offense. 
• d; 
Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack 
Goldberger, asks that you contact him at Anerbury Goldberger and Weiss, 
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of 
Investigation can take part in or otherwise assist in civil litigation; however, ir you do file a 
claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an 
enumerated offense, please provide notice of that denial to the undersigned. 
Please thank your client for all of her assistance during the course of this examination 
and express the heartfelt regards lig 
f and Special Agents Kuyrkendall and Richards for 
the health and well-being of Ms. 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
By: 
cc: 
Jack Goldberger, Esq. 
ASSISTANT U.S. ATTORNEY 
EFTA00233869

Case 9:08-cv-80811-KAM 
Document 33 
Entered on FLSD Docket 01/07/2009 
Page 40 of 41 
Case 9:08-cv-80736-KAM 
Document 14 
Entered on FLSD Docket 07/15/2008 
Page 20 of 21 
•—• 
soda 
U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
MOT 
CASE 
No.02-8073l-CV MARRA 
NO. 
500 South Australian Ave, Suite 400 
West Palm Beach FL 3340! 
(5611 820-87 
Facsimile: (561) 810-8777 
July 9, 2008 
VIA FACSIMILE 
Brad Edwards, Esq. 
The I nw (Minn 
of I7r2A PA,,nrAc  & Associates, LLC 
Re: 
Jeffrey epsteii 
IDENTIFIED VICTIM 
Dear Mr. Edwards: 
NOTIFICATION OF 
By virtue of this letter, the United States Attorney's Office for the Southern District 
of Florida asks that you provide the following notice to your client, eat ROM 
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea 
of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) 
and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in 
and for Palm Beach County (Case Nos. 2006-cf-009454AX3OCMB and 2088-cf-
009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be 
followed by an additional six months' imprisonment, followed by twelve months of 
Community Control I, with conditions of community confinement imposed by the Court. 
In light of the entry of the guilty plea and sentence, the United States has agreed to 
defer federal prosecution in favor of this state plea and sentence, subject to certain 
conditions. 
One such condition to which Epstein has agreed is the following: 
"Any person, who while a minor, was a victim of a violation of an offense 
enumerated in Title 18, United States Code, Section 2255, will have the same 
rights to proceed under Section 2255 as she would have had, if Mr. Epstein 
EFTA00233870

Case 9:08-cv-80811-KAM 
Document 33 
Entered on FLSD Docket 01/07/2009 
Page 41 of 41 
Case 9:08-cv-80736-KAM 
Document 14 
Entered on FLSD Docket 07/15/2008 
Page 21 of 21 
vorit 
BRAD EDWARDS, ESQ. 
NOTIFICATION OF IDENTIFIED VICTIM 
JOU .9 9, 2008 
PAGE 2 or 2 
had been tried federally and convicted of an enumerated offense. For purposes 
of implementing this paragraph, the United Stales shall provide Mr. Epstein's 
attorneys with a list of individuals whom it was prepared to name in an 
Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial 
authority interpreting this provision, including any authority determining 
which evidentiary burdens if any a plaintiff must meet, shall consider that it is 
the intent of the parties to place these identified victims in the same position 
as they would have been had Mr. Epstein been convicted at trial. No more; no 
less." 
Through this letter, this Office hereby provides Notice that your client, a 
la 
is an individual whom the United States was prepared to name as a victim of an 
enumerated offense. 
Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack 
Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of 
Investigation can take part in or otherwise assist in civil litigation; however, if you do file a 
claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an 
enumerated offense, please provide notice of that denial to the undersigned. 
Please thank your client for all of her assistance during the course of this examination 
and express the heartfelt regards of mysel f and Special Agents Kuyrkendall and Richards for 
the health and well-being of Ms. r 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
By: 
ASSISTANT U.S. ATTORNEY 
cc: 
Jack Goldberger, Esq. 
EFTA00233871

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUI 
IN AND FOR LEON COUNTY, FLORIDA 
FLORIDA
, INC. 
SUGAR CANE 
≥ 0151V0554
L
GUE 
) 
Plaintiff, 
) 
) 
Case Number: 
vs. 
) 
) 
FLORIDA DEPARTMENT OF 
) 
ENVIRONMENTAL REGULATION, 
) 
) 
Defendant. 
) 
 
) 
rf: 
:• 
ORDER 
This cause is before the Court on the Complaint of the Florida 
Sugar Cane League, Inc. ("League"). 
The League seeks an order 
requiring a state agency, the Florida Department of Environmental 
Regulation ("DER"), to release certain documents under its custody 
and control, pursuant to the Florida Public Records Act, Chapter 
119, Florida Statutes. The facts in this case are as follows: 
DER is a Defendant in the case styled United States II. South 
Florida Water Management District. et al., Case No. 88-1886-CIV-
Hoeveler, United States District Court, Southern District of 
Florida ("U.S. 
SFWMD"). 
DER, as a Defendant in that case, 
entered into settlement negotiations with the plaintiff as 
represented by the United States Department of Justice ("DOJ"). 
During the negotiations, drafts of proposed settlement agreements 
and other information relating to the settlement proposal were 
made, sent or received by DER to and from federal agencies and 
representatives, including DOJ. DER also entered into an agreement 
with DOJ to keep all documents it received during the settlement 
negotiations confidential. 
• 
CM 
265 
EFTA00233872

R1517R05155 
On May 21, 1991, the League made a public records request for 
a draft of the Settlement Agreement which the Secretary of DER had 
publicly stated as having been received by DER. On May 28, 1991, 
DER responded to the League's request by refusing to disclose the 
requested document claiming the document was privileged and immune 
to discovery. 
On May 31, 1991, the League filed this action, 
pursuant to Chapter 119, Florida Statutes. 
A hearing was 
originally scheduled before this Court for June 5, 1991, but DER 
removed the case to federal district court, where it was ultimately 
transferred to the Southern District of Florida. The League filed 
a Motion to Quash DER's Notice of Removal, which motion was argued 
before Judge William Hoeveler on July 10, 1991, and was granted on 
September 10, 1991. 
The federal court held that there was no 
federal jurisdiction over the matter as the League's claim arises 
purely under state law, and Judge Hoeveler remanded the case back 
to this Court. A hearing was held before this Court on September 
16, 1991. 
Attorneys for the parties appeared and argued their 
respective positions. 
DOJ also appeared, pursuant to title 28, 
United States Codes, section 517, to argue in support of DER and to 
advise the Court of the United States' asserted interest in keeping 
the documents from public disclosure. 
DER asserts that Florida's 
Public Records Act is not applicable in this matter because it has 
been preempted by "federal immunities and privileges." DER further 
claims that it has contractually vowed to the United States to 
withhold requested documents under the confidentiality agreement 
2 
266 
EFTA00233873

ni51711O556 
into which it entered with DOJ, and that DER is acting as DOJ's 
agent in withholding the documents from public disclosure. 
This Court rejects these arguments. Florida's public records 
law is sweeping in its breadth and requires virtually unfettered 
public access to records in the custody of state agencies. Unless 
a statutorily provided exemption permits nondisclosure of public 
records, Florida law requires that all such records in the custody 
of state agencies be open and available for public inspection. The 
parties agreed that there is no statutory exemption in the Florida 
Public Records Act which would prevent disclosure of public records 
received by state agencies during settlement negotiations in 13.5. 
SFWMQ, including the records sought by the League in this case. 
DER has cited no applicable statutory exemption in the Florida 
Public Records Act, and the judiciary is without any authority to 
expand or create an exemption to Florida's public records law. 
Wait I. Florida Power & Light Co., 372 So. 2d 420 (Fla. 1979); 
Times Publishing Co. I. City of St. Petersburg, 558 So. 2d 487 
(Fla. 2d DCA 1990). 
Principles of federal preemption under the Supremacy Clause 
may, in limited circumstances, act to prevent application of 
Florida's public records law where there is a clear conflict with 
an express requirement of confidentiality provided in a federal 
statute. See Cummer g. Pace, 159 So. 2d 679, 681-82 (Fla. 1935); 
see generally, pp. 81-62, Florida's Government-in-the-Sunshine 
Manual, Office of the Attorney General (1991). 
In this case, 
although DER claims preemption under federal law of privileges and 
3 
267 
EFTA00233874

LA.517Pc0557 
immunities, it has cited no specific federal statute which clearly 
requires that the documents in question be kept confidential. 
DER also relies on DOJ's assertion that the documents would 
not be "discoverable" from DOJ in the pending case, and that 
documents are exempt from disclosure by DOJ under FOIA. 
Even 
assuming that were true, it is irrelevant to the application of 
Florida's public records law to documents in the custody of 
Florida's state agencies. As stated by Judge Hoeveler in remanding 
this action: 
Thus, while FOIA may provide an independent cause of 
action insofar as the document in dispute is also in the 
custody of a federal agency, i.e., the Department of 
Justice, it cannot be said to displace and supplant a 
state statute directed at state agencies and state 
records. (Hoeveler Order at p. 12.) 
DER's reliance on its confidentiality agreement with DOJ is 
equally misplaced. A state agency cannot bargain away its Public 
Records Act duties or create a "self-exemption" with a promise to 
third parties to keep records from disclosure to the public. 
Tribune Co. II. Hardee Memorial _HosnitaZ, Case No. CA-91-370, Tenth 
Judicial Circuit in and for Hardee County, Florida. 
See also 
Browning I. Walton, 351 So. 2d 380 (Fla. 4th DCA 1977). 
THEREFORE, it is hereby ORDERED and ADJUDGED that: 
1. 
Settlement agreements made or received at any time by DER 
in connection with y.s. V. SFWMD are hereby declared to be public 
records subject to disclosure under the Public Records Act, Chapter 
119, Florida Statutes. 
2. 
The Federal Freedom of Information Act, title 5, United 
States Code, section 552, does not preempt Chapter 119, Florida 
4 
268 
EFTA00233875

0111517r0558 
Statutes, to exempt from public disclosure public records in the 
custody of Florida state agencies, including DER; 
3. 
DER shall provide access to the League, within forty-
eight hours of rendition of this Order, to inspect and examine any 
and all draft settlement agreements DER has withheld from public 
disclosure based on a claim of federal preemption; 
4. 
If DER desires to appeal this Order, DER shall prepare 
and deliver to the clerk of this Court, for inclusion in the record 
under seal, at the time it files its notice of appeal, all draft 
settlement agreements exchanged with the DOJ relating to U.S. I. 
SFWND which it asserts are exempt from Florida's public records law 
based on a claim of federal preemption. Such documents shall be 
held under seal pending final disposition of the appeal; and 
5. 
As the parties have not yet agreed to a stipulation as to 
an appropriate award of attorneys' fees, the Court retains 
jurisdiction to determine the award of attorneys' fees pursuant to 
section 119.12, Florida Statutes. 
DONE and ORDERED in Chambers at Tallahassee, Leon County, 
e
Florida, this  ePP Vi 
-  day of September, 1991. 
P. Kevin Davey 
Circuit Court Jud 
Copies furnished to 
counsel of record 
5 
269 
EFTA00233876

606 So.2d 1267 
17 Fla. L. Weekly D2571 
(Cite as: 606 So.2d 1267) 
FLORIDA DEPARTMENT OF 
ENVIRONMENTAL REGULATION, 
Appellant, 
I 
FLORIDA SUGAR CANE LEAGUE, INC., 
Appellee. 
No. 91-3128. 
District Court of Appeal of Florida, 
First District. 
Oct. 29, 1992. 
*1267 An appeal from the Leon County 
Circuit Court; P. Kevin Davey, Judge. 
Robert G. Gough, Asst. Gen. Counsel, 
Florida Dept. of Environmental Regulation, 
Tallahassee, for appellant. 
Judith S. Kavanaugh, William L. Hyde and 
Richard A. Russell of Peeples, Earl & Blank, 
P.A., Miami, for appellee. 
Barry M. Hartman, Acting Asst. Atty. Gen., 
Dexter W. Lchtinen, U.S. Atty., and Susan 
Hill Ponzoli, Asst. U.S. Atty., Miami, Keith E. 
Saxe, David C. Shilton and Ellen J. Durkee, 
Dept. of Justice, Washington, D.C., for amicus/ 
U.S. 
PER CURIAM. 
AFFIRMED. Wait 
Florida Power & Light 
Co., 372 So.2d 420 (Fla.1979). 
MINER, ALLEN and KAHN, JJ., concur. 
END OF DOCUMENT 
Copr. 
West 1995 No claim to orig. U.S. govt. works 
Page 1 
WESTLAW 
"allillINEINISP, 
EFTA00233877