EFTA00013955.pdf

220 KB

Extraction Summary

5
People
3
Organizations
2
Locations
0
Events
2
Relationships
4
Quotes

Document Information

Type: Legal correspondence / fax transmittal
File Size: 220 KB
Summary

Attorney Jeffrey Herman sends a cease and desist letter to Assistant U.S. Attorney Ms. Villafaña on September 16, 2008. Herman alleges that the U.S. Attorney's office sent letters to sexual assault victims on September 2, 2008, that violated Florida Bar rules by soliciting clients for another attorney, Mr. Josefsberg, and providing misleading information about waiving damage claims against Jeffrey Epstein. Herman demands the U.S. Attorney stop contacting his clients directly and correct the misleading statements sent to unrepresented victims.

People (5)

Name Role Context
Jeffrey M. Herman Attorney / Sender
Attorney at Herman & Mermelstein PA representing victims.
Ms. Villafaña Assistant U.S. Attorney / Recipient
Addressed in the letter as the recipient (likely Marie Villafana), accused of steering victims to specific counsel.
Jeffrey Epstein Subject / Defendant
Subject of the case and the sexual assault allegations mentioned.
Mr. Josefsberg Attorney
Attorney whom the U.S. Attorney's office is allegedly steering victims toward.
Jane Does 2-5 Plaintiffs / Victims
Clients represented by Herman & Mermelstein.

Organizations (3)

Name Type Context
Herman & Mermelstein PA
Law firm sending the correspondence.
U.S. Attorney's Office
Recipient organization.
Florida Bar
Regulatory body whose rules (Rule 4-7.4) are allegedly being violated.

Locations (2)

Location Context
Location of Herman & Mermelstein PA (33160).
Location of the U.S. Attorney's Office (33401).

Relationships (2)

Jeffrey M. Herman Attorney-Client Jane Does 2-5
RE: Jane Does 2-5 v. Jeffrey Epstein; 'contact with our clients directly'
Ms. Villafaña Professional/Referral Mr. Josefsberg
Letter claims Villafaña is steering victims to Josefsberg.

Key Quotes (4)

"This concerns your letters to us and to sexual assault victims of Mr. Epstein dated September 2, 2008."
Source
EFTA00013955.pdf
Quote #1
"First, your letters attempt to steer the victims to a particular attorney, Mr. Josefsberg, and advise them that Mr. Josefsberg will be making an unsolicited contact to them in the next two weeks."
Source
EFTA00013955.pdf
Quote #2
"The action advocated to the victims in paragraph 2 refers generally to the victims' waiver of 'any other claim for damages', failing to advise them that this waiver may include a valuable claim to punitive damages against an alleged billionaire"
Source
EFTA00013955.pdf
Quote #3
"We accordingly demand that the U.S. Attorneys' office immediately cease and desist from directing unrepresented victims into unsolicited attorney contacts and misleading them about their rights in claims against Mr. Epstein."
Source
EFTA00013955.pdf
Quote #4

Full Extracted Text

Complete text extracted from the document (3,416 characters)

Herman & Mermelstein, P 10:48:06 a.m. 16-09-2008 1/3
HERMAN & MERMELSTEIN PA
ATTORNEYS AT LAW
Jeffrey M. Herman
Tel [Redacted]
Fax [Redacted]
[Redacted]
Miami, Florida 33160
www.hermanlaw.com
FAX TRANSMITTAL
FROM
Jeffrey M. Herman
DATE
September 16, 2008
NO. OF PAGES
3
TO
[Redacted]
COMPANY
U.S. Attorney's Office
FAX NUMBER
[Redacted]
MESSAGE
RE: Jane Does 2-5 v. Jeffrey Epstein
Please see enclosed correspondence.
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
EFTA00013955
305-9312200 Herman & Mermelstein, P 10:48:28 a.m. 16-09-2008 2/3
HERMAN & MERMELSTEIN PA
ATTORNEYS AT LAW
Jeffrey M. Herman
Tel [Redacted]
Fax [Redacted]
[Redacted]
Miami, Florida 33160
www.hermanlaw.com
September 16, 2008
Via Fax and Regular Mail
[Redacted]
Assistant U.S. Attorney
[Redacted]
West Palm Beach, FL 33401
Re: Jeffrey Epstein
Dear Ms. Villafaña:
This concerns your letters to us and to sexual assault victims of Mr. Epstein dated September 2, 2008. Please be advised that we strenuously object to your letters on various grounds, and believe that they are in violation of the Florida Bar Rules.
First, your letters attempt to steer the victims to a particular attorney, Mr. Josefsberg, and advise them that Mr. Josefsberg will be making an unsolicited contact to them in the next two weeks. This contact with prospective clients and solicitation reflected in your letters is contrary to Fla. Bar. Rule 4-7.4. Additionally, your letters are misleading in the following respects: (1) the action advocated to the victims in paragraph 2 refers generally to the victims' waiver of "any other claim for damages", failing to advise them that this waiver may include a valuable claim to punitive damages against an alleged billionaire; and (2) the letters imply in paragraph 3 that Mr. Epstein's agreement to pay attorney fees is a significant concession, when in fact a victim is entitled to reasonable attorneys' fees under the Statute upon proof of a violation, irrespective of Mr. Epstein's agreement.
We accordingly demand that the U.S. Attorneys' office immediately cease and desist from directing unrepresented victims into unsolicited attorney contacts and misleading them about their rights in claims against Mr. Epstein. We demand that you instruct Mr. Josefsberg not to solicit victims, and to send letters to unrepresented victims correcting the misleading statements contained in your September 2, 2008 letters.
EFTA00013956
305-9312200 Herman & Mermelstein, P 10:48:58 a.m. 16-09-2008 3/3
[Redacted], Esq.
September 16, 2008
Page 2
Finally, we demand that you make no contact with our clients directly, and contact them only through our office. Our clients includ [Redacted]
Sincerely,
[Signature]
Jeffrey M. Herman
JMH/lr
EFTA00013957

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