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Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 1 of 45
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-80804-CIV-MARRA/JOHNSON
JANE DOE, a/k/a
JANE DOE NO. 1,
Sealed
Plaintiff, FILED UNDER SEAL*
vs.
JEFFREY EPSTEIN, HALEY ROBSON,
and SARAH KELLEN,
Defendants.
I
STEVEN M. LARIMORE
CLERK U.S. DIST CT
S.D. OF FLA. MIAMI
DEFENDANTS JEFFREY EPSTEIN AND
SARAH KELLEN'S MOTION FOR ST A Y
• This motion is filed under seal because the deferred-prosecution agreement between the United
States Attorney's Office and Mr. Epstein, discussed here1-·n, contains a confidentiality clause. , ~
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Defendants Jeffrey Epstein and Sarah Kellen respectfully move for a
mandatory stay of this action under Title 18, United States Code, Section 3509(k),
Section 1595(b )(1 ), and alternatively, under this Court's discretionary authority to
stay civil litigation, based on the existence of a pending federal criminal action.
Introduction
This lawsuit arises from a pending federal criminal action concernmg,
among other things, an alleged assault of the plaintiff. According to her complaint,
the plaintiff, while a minor, was "recruited . . . to give Epstein a massage for
monetary compensation," and was "paid ... $300." Am. Compl., ,, 13-15. 1 A
federal statute directly on point provides that when a civil suit alleging damages to
a minor victim arises out of the same occurrence as a "criminal action," the civil
suit "shall be stayed until the end of all phases of the criminal action." 18 U.S.C. §
1 Jane Doe, a/k/a Jane Doe No. I, is the same plaintiff who previously filed an original civil
action in this Court, grounded upon diversity jurisdiction, through her father, based on the same
allegations in this complaint. See Jane Doe No. 1, et al. v. Jeffrey Epstein, Case No. 08-80069-
CIV-MARRA (WPB) (S.D. Fla., filed 1/24/08). Shortly after that lawsuit was filed by her
father, her mother moved for leave to intervene and to stay, alleging that her father's attorney
had filed the lawsuit without her consent. Id. at DE 4 (1/29/08) (motion to stay), ,r 4 ("Jane
Doe's Father filed this lawsuit against Defendant Jeffrey Epstein without the knowledge,
consultation or consent of Jane Doe No. I."). On February 20, Jane Doe No. I was deposed in
State of Florida v. Jeffrey Epstein, 50 2006 CF009454A XXXMB (Fla. 15th Cir. Ct.), the
parallel state-court criminal action (referred to infra at 2, as the "Florida Criminal Action').
During that deposition, the plaintiff made numerous admissions that completely undermined the
allegations against Epstein that she had pied in her complaint. Two days later, her lawyer filed a
notice of voluntary dismissal without prejudice in this Court. See Doe No. 1 v. Epstein, Case No.
08-CV-80069-KAM (DE 9). Less than three weeks later, on March 6, the plaintiff re-filed the
instant lawsuit in Florida state court.
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3509(k) (emphasis added).2 Accordingly, a stay of this case is mandatory until the
criminal action arising from the same allegations is no longer pending.
The Pending Federal Criminal Action
In 2006, a Florida state grand jury indicted Jeffrey Epstein on allegations
similar to those in the instant action (State of Florida v. Jeffrey Epstein, Case No.
2006 CF 09454A, Fifteenth Judicial Circuit, Palm Beach County) (the "Florida
Criminal Action"). Shortly thereafter, the United States Attorney's Office for the
Southern District of Florida (the "USAO") began a federal grand-jury investigation
into allegations arising out of the same incidents alleged in the instant action ( Grand
Jury No. 07-103 (WPB), United States District Court for the Southern District of
Florida) ("the Federal Criminal Action").
In September 2007, the USAO and Mr. Epstein entered into a highly unusual
and unprecedented deferred-prosecution agreement (the "Agreement"), in which the
USAO agreed to defer (not dismiss or close) the Federal Criminal Action on the
condition that Mr. Epstein continue to comply with numerous obligations, the first of
2 The full text of the mandatory-stay provision reads:
If, at any time that a cause of action for recovery of compensation for damage or
injury to the person of a child exists, a criminal action is pending which arises out
of the same occurrence and in which the child is the victim, the civil action shall
be stayed until the end of all phases of the criminal action and any mention of the
civil action during the criminal proceeding is prohibited. As used in this
subsection, a criminal action is pending until its final adjudication in the trial
court.
18 U.S.C. § 3509(k).
2
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which was pleading guilty to certain state charges in the Florida Criminal Action.
The Agreement itself uses the term "deferred'' (rather than "dismissed" or "closed")
to describe the status of the Federal Criminal Action:
THEREFORE, on the authority of R. Alexander Acosta, United States
Attorney for the Southern District of Florida prosecution in this
District, for these offenses shall be deferred in favor of prosecution by
the State of Florida, provided that Epstein abides by the following
conditions and the requirements of this Agreement ....
Agreement, at 2.
By no stretch did the USAO finalize, close, complete, dismiss or abandon
the Federal Criminal Action. Indeed, as the lead federal prosecutor recently
explained, the USAO merely "agreed to defer federal prosecution in favor of
prosecution by the State of Florida ... " See In re: Jane Doe, Case No. 08-
80736-CIV-Marra/Johnson (S.D. Fla.) (DE 14), Deel. of AUSA Villafana,
07 /09/08, , 5, attached hereto as Exhibit "A" ( emphasis added). Under the
Agreement, the USAO presently retains the continuing right to indict Mr. Epstein -
~ or to unseal "any" already-existing federal "charges" that may already have been
handed up by the federal grand jury and sealed - - should he breach any of its
provisions. Agreement, at 2.
The period of the deferral continues until three months after Mr. Epstein
completes service of his sentence in the Florida Criminal Action. Id. Indeed, the
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final three months of the Agreement's term constitute an extended period during
which the USAO expressly retains the ability to evaluate whether Epstein
committed any breaches of his numerous obligations under the agreement while he
was serving his state sentence, and, if it so determines, reserves the right to indict
( or unseal an existing indictment against) Mr. Epstein - - even after he has
completed serving his entire state sentence.
The Agreement further provides that upon Epstein's execution of a plea
agreement in the State Criminal Case, the Federal Criminal Action "will be
suspended" and all pending grand-jury subpoenas "will he held in abeyance unless
and until the defendant violates any term of this agreement." Agreement, at 5
( emphasis added). The Agreement directs the USAO and Epstein to "maintain
their evidence, specifically evidence requested by or directly related to the grand
jury subpoenas that have been issued," and to maintain such evidence "inviolate."
Id. ( emphasis added). It also expressly provides that the grand-jury subpoenas
continue to remain "outstanding" until "the successful completion of the terms of
this agreement." Id. ( emphasis added).
Further, it includes a promise not to prosecute movant/defendant Sarah
Kellen, only if "Epstein successfully fulfills all of the terms and conditions of th[ e]
agreement." Id.
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Finally, the Agreement provides that the USAO's declination of prosecution
for certain enumerated offenses and dismissal of any existing (sealed) charges will
not occur until 90 days following the completion of his state sentence:
If the United States Attorney should determine, based on
reliable evidence, that, during the period of the Agreement, Epstein
willfully violated any of the conditions of this Agreement, then the
United States Attorney may, within ninety (90) days following the
expiration of the term of home confinement discussed below, provide
Epstein with timely notice specifying the condition(s) of the
Agreement that he has violated, and shall initiate its prosecution on
any offense within sixty (60) days' of [sic] giving notice of the
violation. Any notice provided to Epstein pursuant to this paragraph
shall be provided within 60 days of the United States learning of facts
which may provide a basis for a determination of a breach of the
Agreement.
After timely fulfilling all the terms and conditions of the
Agreement, no prosecution for the offenses set out on pages 1 and 2 of
this Agreement, nor any other offenses that have been the subject of
the joint investigation by the Federal Bureau of Investigation and the
United States Attorney's Office, nor any offenses that arose from the
Federal Grand Jury investigation will be instituted in this District, and
the charges against Epstein, if any, will be dismissed.
Agreement, at 2.
Consistent with the Agreement and its position that the Federal Criminal
Action continues to remain pending, the USAO recently sent letters to attorneys for
people that the USAO has designated as "victims." In those letters, the USAO
asked, "[I]fyou 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
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denial to the undersigned [AUSA]." See Deel. of AUSA Villafana, Exhs. 6 & 7, at
2 (July 9, 2008). The clear implication of the USAO's request (by which the
USAO appears to involve itself in the instant litigation, despite advising the
recipients that it cannot "take part in or otherwise assist in civil litigation," id. at 2),
is that the USAO believes that such denial might breach the Agreement.
Accordingly, the Federal Criminal Action remains "pending."
Discussion
I. Section 3509(k) Imposes a Mandatory Stay.
The language of Title 18, United States Code, Section 3509(k) is clear and
mandatory: a parallel "civil action shall be stayed until the end of all phases of the
criminal action." 18 U.S.C. § 3509(k) (emphasis added). The word "shalf' means
that the statute's command is mandatory and not subject to a Court's discretion.
See, e.g., Lopez v. Davis, 531 U.S. 230, 241 (2001) (noting Congress' "use of a
mandatory 'shall' to impose discretionless obligations") ( emphasis added);
Lexecon Inc. v. Mi/berg Weiss Bershad Hynes & Lerach, 523 U.S. 26, 35 (1998)
(explaining that "the mandatory 'shall' ... normally creates an obligation
impervious to judicial discretion") (emphasis added). Cf Miller v. French, 530
U.S. 327, 350 (2000) (construing the litigation-stay provision of the Prison
Litigation Reform Act, holding, "Through the PLRA, Congress clearly intended to
make operation of the automatic stay mandatory, precluding courts from
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exercising their equitable powers to enjoin the stay. And we conclude that this
provision does not violate separation of powers principles.") ( emphasis added).
One District Court within the Eleventh Circuit recently construed "the plain
language of § 3509(k)" as "requirfingj a stay in a case ... where ... a parallel
criminal action [is] pending." Doe v. Francis, No. 5:03 CV 260, 2005 WL 950623,
at *2 (N.D. Fla. Apr. 20, 2005) (Francis II) ( emphasis added). Accord Doe v.
Francis, No. 5:03 CV 260, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005)
(Francis I) (staying federal civil action in favor of "a criminal case currently
pending in state court in Bay County, Florida, arising from the same facts and
involving the same parties as the Instant action," noting that "the language of 18
U.S.C. § 3509(k) is clear that a stay is required in a case such as this where a
parallel criminal action is pending which arises from the same occurrence
involving minor victims") ( emphasis added). There is no contrary opinion from
any court.
In determining that the federal stay provision is mandatory, the Francis II
court expressed that there was apparently no case law supporting, or even
"discussing the [avoidance] of a stay [under the command of] § 3509(k)." Francis
II, 2005 WL 950623, at *2. Deferring to the statute as written, the Francis II court
rejected the plaintiffs' argument that some of the alleged victims had already
reached their majority. See id. The court similarly rejected the plaintiffs'
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argument that it would be in the victims' best interests to avoid a stay so as to
counteract the victims' "ongoing and increasing mental harm due to the 'frustrating
delay in both the criminal case and [the civil] case."' Id.
II. Section 3509(k) Applies to Investigations, Not Just Indictments.
While there is no unsealed indicted criminal case against Mr. Epstein, the
government's criminal investigation against him remains open. Section 3509(k)
clearly applies to stay civil cases during the pendency, not only of indicted
criminal cases, but also of pre-indictment criminal investigations.
The term "criminal action" is not expressly defined in § 3509(k). It is
defined, however, by a closely related statute. Title 18, U.S.C. § 1595 provides a
civil remedy for "forced labor" and "sex trafficking" violations, but stays such
actions "during the pendency of any criminal action arising out of the same
occurrence in which the claimant is the victim."3 In enacting § 1595, Congress
3 The full text of that statute provides:
§ 1595. Civil remedy
(a) An individual who is a victim of a violation of section 1589,
1590, or 1591 of this chapter may bring a civil action against
the perpetrator in an appropriate district court of the United
States and may recover damages and reasonable attorneys
fees.
(b) (1) Any civil action filed under this section shall be
stayed during the pendency of any criminal action
arising out of the same occurrence in which the
claimant is the victim.
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specifically intended that the term "criminal action" would be applied extremely
broadly. Accordingly, Congress took pains to ensure that courts would give it the
broadest possible construction and, for that reason, specified in the definition
provision that "criminal action" also "includes investigation." 18 U.S.C.
§ 1595(b)(2). The only reported decision addressing this provision interpreted it
according to its plain language. See Ara v. Khan, No. CV 07-1251, 2007 WL
1726456, *2 (E.D.N.Y. June 14, 2007) (ordering "all proceedings in this case
stayed pending the conclusion of the government's criminal investigation of the
defendants and of any resulting criminal prosecution") ( emphasis added).
Given that the USAO's Agreement with Epstein indicates that:
• the grand-jury's subpoenas remain "outstanding" (Agreement, at 5);
• the subpoenas are "h[ e ]ld ... in abeyance" (id.);
• the subpoenas are not "withdrawn" (id.);
• the parties must "maintain their evidence" (id.) ( which would be
entirely unnecessary if the investigation against Epstein were closed);
(2) In this subsection, a "criminal action" includes
investigation and prosecution and is pending until
final adjudication in the trial court.
18 U.S.C. § 1595.
4 The United States Court of Appeals for the Eleventh Circuit routinely relies on Black's Law
Dictionary for the definition of statutory terms, including in criminal cases. See e.g., United
States v. Young, 528 F .3d 1294, 1297 n.3 ( 11th Cir. 2008) ( definitions of criminal "complaint"
and "indictment"); United States v. Brown, 526 F.3d 691, 705 (11th Cir. 2008) (definition of
"knowingly" in criminal statute).
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• "any" existing "charges" will not "be dismissed" until after Epstein
has "timely fulfill[ ed] all the terms and conditions of the Agreement"
(id. at 2); and
• "prosecution in this District ... shall be deferred" (id.) (but not closed
or dismissed) - -
then the only reasonable conclusion is that the Federal Criminal Action remains
"pending."
The ordinary meaning of the adjective "pending" is "[r]emaining undecided;
awaiting decision .... " Black's Law Dictionary 1154 (8th ed. 2004). 4 See also
White v. Klitzkie, 281 F .3d 920, 928 (9th Cir. 2002) (relying on Black's Law
Dictionary, in the context of a criminal case, for the definition of "pending" as
"awaiting decision"); Swartz v. Meyers, 204 F.3d 417, 421 (3d Cir. 2000) (relying
on Black's Law Dictionary for the definition of "pending," expressly because
"'pending' is not defined in the statute"). Any common-sense reading of the
Agreement and the USAO's recent sworn construction of it, is consonant with the
Federal Criminal Action's "remaining undecided" and "awaiting decision." See
Unified Gov 't of Athens-Clarke County v. Athens Newspapers, LLC, No.
S07G 1133, __S.E.2d _, 2008 WL 2579238, *3 (Ga. June 30, 2008) (reviewing a
public-records request against Georgia's "pending investigation" exception to its
open-records law, and holding that "a seemingly inactive investigation which has
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not yet resulted in a prosecution logically "remains undecided," and is therefore
"pending," until it "is concluded and the file closed'') ( emphasis added).
III. Section 3509(k) Applies Even After a Plaintiff Turns 18.
The parallel stay provision in § 1595, discussed supra at 8-9, mandates,
without exception, that any civil action brought under that section for violation of
§ 1591 (prohibiting transportation of minors for prostitution) "shall be stayed
during the pendency of any criminal action arising out of the same occurrence in
which the claimant is the victim." 18 U.S.C. § 159l(b)(l). Whether the§ 1595
plaintiff has turned 18 does not vitiate the efficacy of this mandatory stay.
An example illustrates why the stay provided in § 3509(k) has the same
broad scope as the stay provided in § 15 91 (b )(1 ). As discussed above, § 3 5 09(k)
stays any civil suit for injury to a minor, arising out of the same occurrence as a
pending criminal action. One type of civil suit falling within § 3509(k)'s ambit is a
suit seeking redress for a violation of 18 U.S.C. § 2423(a). Section 2423(a) - - just
like § 1591 - - prohibits transportation of minors for prostitution. The elements of
both statutes are identical. There would simply be no legitimate basis for Congress
to differentiate between the consequences attached to violating these two sections.
Thus, just as Congress mandated under § 1595(b )(1) that civil discovery shall be
stayed when there is an ongoing federal investigation under § 15 91 ( even after the
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victim turns 18), the identical treatment should· apply under § 3509(k) to civil
actions brought for the identical violation of§ 2423(a).
Logic compels a rule requiring continued application of the§ 3509(k) stay to
a putative victim who has since turned 18. Consider again the example of
§ 2243(a). Assume that the USAO is investigating a § 2243(a) violator with two
alleged victims; one who is now 17, and one who has turned 19. Assume further
that both decide to sue the alleged offender while the USAO is still in the process
of conducting its criminal investigation. Why would Congress prohibit the
defendant from conducting civil discovery in the 17-year-old's lawsuit, but permit
him to conduct full discovery in the 19-year-old's lawsuit, including taking the
depositions of both the 19- and the 17-year-old, the federal investigating agents
and all the grand-jury witnesses? This could not have been Congress' intent.
The legislative history to a statute resembling § 1595 is also instructive.
When Congress enacted 18 U.S.C. § 2255, it provided a civil remedy to any
"minor ... victim" of enumerated federal sex offenses. See Child Abuse Victims'
Rights Act of 1986, Pub. L. No. 99-500, 100 Stat. 1783, § 703 (1986). In 2006,
Congress amended the statute to clarify that the civil cause of action was available
not just while the victim was a minor, but even after she or he turned 18. See Pub.
L. 109-248, 120 Stat. 650, § 707 (b)(l)(A) (amending § 2255 to permit suit by
adults who were victims of enumerated federal offenses when they were minors,
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by deleting "Any minor who is [ a victim]" and adding "Any person, who, while a
minor, was [a victim]"). Meanwhile, the stay provisions of§ 3509(k) remained
unchanged. There is no reason to think that Congress would afford prosecutors
protection for their investigations while the victims were minors, but completely
eliminate those protections the moment one of the victims turned 18.
The District Court for the Northern District of Florida confirmed this
position, and specifically rejected the plaintiffs' contrary argument. See Francis II,
2005 WL 950623, at *2. The plaintiffs there argued that "the stay should be lifted
due to the fact that the minor Plaintiffs have now reached the age of majority
during the pendency of the state criminal case." Id. The court found this
argument "unavailing ... given the victims' minor status at the time of the events
giving rise to the underlying claims." Id. The court specifically held that "because
the victims were minors at the time of the Defendants' actions alleged in both
[the civil and criminal] cases, § 3509(k) applies." Id. ( emphasis added).
The United States Department of Justice has itself emphatically embraced
the interpretation of§ 3509(k) as applying to stay all civil actions relating to sex
offenses against minors, pending the completion of a parallel criminal action,
without regard to whether the plaintiff has turned 18 during her civil lawsuit:
The subsection should stay all pending civil actions in the wake of a
criminal prosecution. Notably, in the context of 18 USC § 2255 ("civil
remedy for personal injuries"), all civil actions are stayed pending the
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completion of a criminal action. See also 18 USC § 3509(k).
H.R. Rep. 108-264(11), 108th Cong., 1st Sess. (2003), reprinted at 2003 WL
22272907, at * 16-17 ("agency view" by the Department of Justice on bill later
codified at 18 U.S.C. § 1595).
The Department specifically argued to Congress in the clearest terms: "We
believe that prosecutions should take priority over civil redress and that
prosecutions should be complete prior to going forward with civil suits." Id. at 17
( emphasis added). Nowhere did the Department suggest that pending prosecutions
warrant less protection (i.e., should be "hinder[ ed]") simply because a particular
civil plaintiff happens to reach his or her 18th birthday.
Finally, it would be incongruous for the plaintiff to claim that § 3509(k) is
no longer applicable to her because she is no longer a minor, but, at the very same
time, claim that she is entitled to file this lawsuit under a fictitious name "to protect
her identity because the Complaint makes sensitive allegations of sexual assault
and abuse that she suffered while a minor." Am. Comp!., ,12 ( emphasis added).
IV. A Stay is Mandatory Despite Resulting "Delay" to Civil Lawsuits.
Inherent in any § 3509(k) stay is delay to the progress ( discovery, trial,
appeal) of all related civil lawsuits. Congress recognized this in enacting the stay
provision, which necessarily prioritized the interests of completing a criminal
investigation and prosecution over the interests of a particular plaintiff in seeking
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personal pecuniary damages. Based on this reasoning, the Francis II court
specifically refused to provide any relief to plaintiffs "simply because the state
[ criminal] matter is not progressing as fast as they would hope." The court made
this determination despite the plaintiffs' complaints about the "frustrating delay"
and that "the state criminal case 'has languished for almost two years with no end
in sight,"'
finding that this "is a matter to be addressed in state [ criminal] court."
Id Accordingly, the anticipated delay in this case, attendant to the term of the
deferred-prosecution agreement, does not change the clear command of§ 3509(k).
According to her own pleadings, the plaintiff waited three years before filing
this lawsuit, Am. Comp!. ,-i 9, and so cannot rightfully claim prejudice from
additional temporary delay.
V. Section 3509 Aside, a Discretionary Stay is Warranted.
Even, arguendo, were this Court not to apply the mandate of § 3509, a
discretionary stay should still be entered during the pendency of the Federal
Criminal Action. SEC v. Healthsouth Corp., 261 F. Supp. 2d 1298, 1326 (N.D.
Ala. 2003) ("No question exists that this court has the power to stay a civil
proceeding due to an active, parallel criminal investigation."). Other federal
statutes support such a stay -- particularly when the criminal action may be
adversely affected by the civil litigation. For example, under 18 U.S.C.
§ 2 712( e )(1 ), "the court shall stay any action commenced [ against the United
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States] if the court determines that civil discovery will adversely affect the ability
of the Government to conduct a related investigation or prosecution of a related
criminal case." Allowing this lawsuit to progress while Epstein remains subject to
the Federal Criminal Action will prejudice him irrevocably and irreparably. As
provided below, there are several adverse effects to allowing this case to proceed
while the Federal Criminal Action remains pending.
In this lawsuit, Epstein has a right to defend himself. In the Federal
Criminal Action, Epstein has a right against self-incrimination. Hoffman v. United
States, 341 U.S. 479,486 (1951) (holding that the privilege applies in "instances
where the witness has reasonable cause to apprehend danger" of criminal
liability"). Without a stay, Epstein will be immediately forced to abandon one of
these rights.
Should he choose his Fifth Amendment rights, he will expose himself to an
adverse inference at the summary-judgment stage and at trial. See generally,
Wehling v. Columbia Broad. Sys, 611 F.2d 1026, 1027 (5th Cir. 1980) (observing
that "invocation of the privilege would be subject to the drawing of an adverse
inference by the trier of fact"). On the other hand, should Epstein choose his right
to defend himself in this lawsuit, the USAO will be able to use his responses at
every stage of the discovery and trial process (e.g., his Answer, responses to
document requests, responses to requests for admissions, sworn answers to
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interrogatories, answers to deposition questions, and trial testimony) to his
detriment in the Federal Criminal Action. 5
In this lawsuit, even before civil discovery begins, under the Initial
Disclosures required by Fed. R. Civ. P. 26 and S.D. Fla. Local Rule 26.1, Epstein
"must" disclose the identities of all the witnesses he would call in his defense to
the Federal Criminal Action (Rule 26(a)(l )(A)(i)), copies of "all documents" he
"may use to support [his] defenses" (Rule 26(a)(l )(A)(ii)), as well as the identity
of "any" expert witness he "may use at trial," along with mandatory disclosure of
"a written report" containing "a complete statement of all opinions the [ expert] will
express and the basis and reasons for them" (Rule 26(a)(2)(A) and (B)(i)).
In contrast, in the pending Federal Criminal Action, which is governed
exclusively by the Federal Rules of Criminal Procedure, the USAO would not be
entitled to compel pre-trial production of any of this information. See Fed. R. Cr.
P. 16(b)(l)(A), (C), and 16(b)(2); United States v. Argomaniz, 925 F.2d 1349,
1355-56 (11th Cir. 1991) ( explaining act-of-production privilege).
5 This could give the USAO a tremendous advantage in prosecuting Epstein in the Federal
Criminal Action. See Comment, Using Equitable Powers to Coordinate Parallel Civil and
Criminal Actions, 98 Harv. L. Rev. 1023, 1030 (1985) (observing that "the prosecutor may have
access to detailed civil depositions of the accused's witnesses, while the rules of criminal
procedure bar the accused from deposing the prosecutor's witnesses").
17
Le~is Tein n '\ I I'-~II '-.I ' , \ I I \\\
3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 19 of 45
Thus, absent a stay of this civil action, the USAO would receive
fundamentally unfair access to defense information and highly prejudicial advance
insight into criminal defense strategy. See Comment, 98 Harv. L. Rev. at 1030
("To the extent that a prosecutor acquires evidence that was elicited from the
accused in a parallel civil proceeding, the criminal process becomes less
adversarial.").
Without a stay m place, discovery will proceed, including against third
parties. Mr. Epstein will have no alternative but to issue subpoenas seeking
evidence from state and federal law-enforcement officers. For example, Epstein is
clearly entitled to discover evidence of prior statements (including inconsistent
statements) given by witnesses whom law-enforcement has previously interviewed.
See, e.g., Cox v. Treadway, 75 F.3d 230 (6th Cir. 1996) (holding that district court
properly admitted testimony of prosecutor about prior inconsistent statements that
witness made to the prosecutor). Likewise, Epstein may be entitled to discovery of
relevant evidence that is in the present possession of the grand jury or other law enforcement agencies. See, e.g., Simpson v. Hines, 729 F. Supp. 526, 527 (E.D.
Tex. 1989) ("The grand jury has concluded its deliberations .... The need for
secrecy of these specific tapes no longer outweighs other concerns."); Golden
Quality Ice Cream Co., Inc. v. Deerfield Specialty Papers, Inc., 87 F.R.D. 53, 59
(E.D. Pa. 1980) ("[W]here, as here, the grand jury has completed its work and all
18
LeY\"is T ein ,, ..
3059 GRAND A VENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 20 of 45
that is sought are those documents turned over to the grand jury by the
corporations which are defendants in the civil case, the considerations .
militating against disclosure are beside the point.") ( citing Douglas Oil Co. of
Calif v. Petrol Stops Nw., 441 U.S. 211 (1979)).
In response to such third-party subpoenas to law-enforcement witnesses, we
anticipate that it will be the government, not Mr. Epstein, who will object to
discovery m this civil case, until the final conclusion of the Federal Criminal
Action.
19
Lewis Tein p1. \11,'l:'-,l\ \II\\\
3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 21 of 45
Conclusion
Because this lawsuit arises from the same allegations as the Federal Criminal
Action, this Court should stay this lawsuit until that action is no longer pending.
By:
Respectfully submitted,
LEWIS TEIN, P.L.
3059 Grand A venue, Suite 340
Coconut Grove, Florida 33133
Tel: 305 442 1101
Fax: 305 442 6744
Uti/'1~·
GUY A.LEWIS
Fla. Bar No. 623740
lewis@lewistein.com
MICHAEL R. TEIN
Fla. Bar No. 993522
tein@lewistein.com
ATTERBURY, GOLDBERGER & WEISS, P.A.
250 Australian A venue South, Suite 1400
West Palm Beach, Florida 33401
Tel. 561 659 8300
Fax. 561 835 8691
By: Jack A. Goldberger
Fla. Bar No. 262013
jgoldberger@agwpa.com
Attorneys for Defendant Jeffrey Epstein
20
Lewis Tein 1'1.
3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 22 of 45
CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.D.3
Counsel for defendant has conferred in good faith with counsel for the
plaintiff, who opposes the relief requested in this motion.
Michael R. Tein
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing document is being served this day,
July 25, 2008, on counsel of record identified on the service list by U.S. Mail.
1!,,:,t1w.1£·
Michael R. Tein
21
Lewis Tein 1'1. \ll,'l\'-..1),\11\\\
3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 23 of 45
Theodore J. Leopold, Esq.
Ricci-Leopold, P.A.
2925 PGA Blvd., Suite 200
Palm Beach Gardens, FL 33410
Fax: 561 697 2383
Counsel for Plaintiff Jane Doe
Douglas M. McIntosh, Esq.
Jason A. McGrath, Esq.
Service List
McIntosh, Sawran, Peltz & Cartaya, P.A.
Centurion Tower
1601 Forum Place, Suite 1110
West Palm Beach, Florida 33401
Fax. 561 682-3206
Counsel for Defendant Haley Robson
Bruce E. Reinhart, Esq.
Bruce E. Reinhart, P.A.
250 Australian A venue South
Suite 1400
West Palm Beach, Florida 33401
Fax. 561 828 0983
Counsel for Defendant Sarah Kellen
Robert D. Critton, Esq.
Michael J. Pike, Esq.
Burman, Critton, Luttier &
Coleman, LLP
515 N. Flagler Drive, Suite 400
West Palm Beach, Florida 33401
Fax. 561 515 3148
Co-Counsel for Jeffrey Epstein
22
Lewis Tein Pr.
3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 24 of 45
EXHIBIT A

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 25 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21
-·
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 08-80736-Civ-Marra/Johnson
FILED by ,,..._ '? D.C.
IN RE: JANE DOE,
Petitioner.
I -----------
DECLARATION OF A. MARIE VILLAFANA
IN SUPPORT OF UNITED STATES' RESPONSE
JUL O 9 2008
STEVEN M. LARIMORE CLERK U.S. DIST. er S.D. OF FLA .• W.P.a:
TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT
OF CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771
I. I, A. Marie Villafana, do hereby declare that I am a member in good standing
of the Bar of the State of Florida. I graduated from the University of California at Berkeley
School of Law (Boalt Hall) in 1993. After serving as a judicial clerk to the Hon. David F.
Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am
admitted to practice in all courts of the states of Minnesota and Florida, the Eig~th, Eleventh,
and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District
of Florida, the District of Minnesota, and the Northern District of California. My bar
admission status in California and Minnesota is currently inactive. I am currently employed
as an Assistant United States Attorney in the Southern District of Florida and was so
employed during all of the events described herein.

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 26 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21
2. I am the Assistant United States Attorney assigned to the investigation of
Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI").
The federal investigation was initiated in 2006 at the request of the Palm Beach Police
Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had
used facilities of interstate commerce to induce young girls between the ages of thirteen and
seventeen to engage in prostitution, amongst other offenses.
3. Throughout the investigation, when a victim was identified, victim notification
letters were provided to her both from your Affiant and from the FBI's Victim-Witness
Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three
clients, T.M., C.W., and S.R. 1 Your Affiant's letter to C.W. was provided by the FBI. (Ex.
1 ). Your Affiant's letter to T.M. was hand-delivered by myself to T.M. at the time that she
,..-as interviewed (Ex. 2). 2 Both C.W. and T.M. also received letters from the FBI's Victim Witness Specialist, which were sent on January I 0, 2008 (Exs. 3 & 4 ). S.R. was identified
via the FBI's investigation in 2007, but she initially refused to speak with investigators.
S.R.'s status as a victim of a federal offense was confirmed when she was interviewed by
1
Attorney Edwards filed his Motion on behalf of "Jane Doe," without identifying which of
his clients is the purported victim. Accordingly, I will address facts related to C. W., T.M., and S .R.
All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when
they were fifteen years old.
2
Please nott: that the dates on the U.S. Attorney's Office letters to C. W. and T.M. are not the
dates that the letteni were actually delivered. Letters to all known victims were prepared early in the
investigation and delivered as each victim was contacted.
-2-

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 27 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 3 of 21 .._.,
federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to S.R.
on May 30, 2008 (Ex. 5).
4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness
Specialist, and your Affiant had contact with C. W. and S.R. Attorney Edwards' other client,
T.M., was represented by counsel and, accordingly, all contact with T.M. was made through
that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein,
the target of the investigation. 3
5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the
Southern District of Florida ("the Office") entered into negotiations to resolve the
investigation. At that time, Mr. Epstein had been charged by the State of Florida with
solicitation of prostitution, in violation ofFlorida Statutes§ 796.07. Mr. Epstein's attorneys
sought a global resolution of the matter. The United States subsequently agreed to defer
federal prosecution in favor of prosecution by the State of Florida, so long as certain basic
preconditions were met. One of the key objectives for the Government was to preserve a
federal remedy for the young girls whom Epstein had sexually exploited. Thus, one
condition of that agreement, notice of which was provided to the victims on July 9, 2008, 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
3
The undersigned does not know when Mr. Edwards began representing T.M. or whether
TM. ever fonnally terminated Mr. Eisenberg's representation.
-3-

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Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21
'-'
had been tried federally and convicted of an enumerated offense. For purposes
of implementing this paragraph, the United States shall provide Mr. Epstein•~
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 eviclentiary 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."
6. An agreement was reached in September 2007. The Agreement contained an
express confidentiality provision.
7. Although individual victims were not consulted regarding the agreement,
several had expressed concerns regarding the exposure of their identities at trial and they
desired a prompl resolution of the matter. At the time the agreement was signed in
September2007, T.M. was openly hostile to the prosecution of Epstein. The FBI attempted
to interview S.R. in October 2007, at which time she refused to provide any information
regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be
consulted prior to the resolution of the federal investigation.
8. As explained above, one of the terms of the agreement deferring prosecution
to the State of Florida was securing a federal remedy for the victims. In October 2007,
shortly after the agreement was signed, four victims were contacted and these provisions
were discussed. One of those victims was C. W. who at the time was not represented, and she
was given notice of the agreement. Notice was also provided ofan expected change of plea
in October 2007. When Epstein's attorneys learned that some of the victims had been
-4-

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 29 of 45
Case 9:08-cv-80736-KAM Document 14
"-"
Entered on FLSD Docket 07/15/2008 Page 5 of 21
...._,,
notified, they complained that the victims were receiving an incentive to overstate their
involvement with Mr. Epstein in order to increase their damages claims. While your Affiant
knew that the victims' statements had been taken and corroborated with independent
evidence well before they were informed of the potential for damages, the agents and I
concluded that informing additional victims could compromise the witnesses' credibility at
trial if Epstein reneged on the agreement.
9. After C.W. had been notified of the terms of the agreement, but before Epstein
performned his obligations, C.W. contacted the FBI because Epstein's counsel was attempting
to take her deposition and private investigators were harassing her. Your Affiant secured pro
bono counsel to represent C.W. and several other identified victims. Pro bono counsel was
able to assist C.W. in avoiding the improper deposition. That pro bono counsel did not
express to your Affiant that C. W. was dissatisfied with the resolution of the matter.
1 0. In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that
he represented C.W. and S.R. and asked to meet to provide me with information regarding
Epstein. I invited Attorney Edwards to send to me any information that he wanted me to
consider. Nothing was provided. I also advised Attorney Edwards that he should consider
contacting the State Attorney's Office, ifhe so wished. I understand that no contact with that
office was made. Attorney Edwards had alluded to T.M., so I advised him that, to my
knowledge, T.M. was still represented by Attorney James Eisenberg.
-5-

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 30 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21
..._,
11. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a
copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30
a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department
attempted to provide notification to victims in the short time that Epstein· s counsel had given
us. Although all known victims were not notified, your Affiant specifically called attorney
Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that
it was during this conversation that Attorney Edwards notified me that he represented T.M.,
and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed
your Affiant that he could not attend but that someone would be present at the hearing. Your
Affiant attended the hearing, but none of Attorney Edwards' clients was present.
12. On today's date, your Affiant provided the attached victim notifications to
C. W. and S.R. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not
provided to T.M. because the U.S. Attorney's modification limited Epstein's liability to
victims whom the United States was prepared to name in an indictment. In light ofT.M. 's
prior statements to law enforcement, your Affiant could not in good faith include T.M. as a
victim in an indictment and, accordingly, could not include her in the list provided to
Epstein's counsel.
13. Furthermore, with respect to the Certification ofEmergency, Attorney Edwards
did not ever contact me prior to the filing of that Certification to demand the relief that he
requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had
-6-

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 31 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21
~
already received the Certification of Emergency and Emergency Petition, I received a letter
from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that
letter urges the Attorney General and the United States Attorney to consider "vigorous
enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for 1he
.relief requested in the Emergency Petition.
14. I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the
foregoing is true and correct to the best of my knowledge and belief.
Executed this 9ftt: day of July, 2008.
-7-

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 32 of 45
Case 9:08-cv-80736-KAM Document 14 ,_
DELIVERY BY HAND
Miss J [ \\11111
Entered on FLSD Docket 07/15/20 ..._,.
U.S. Department of Justice
Um1ed States Attorney
Southern District of Florida
500 Sou/Ii Australian Ave. Suitt, 400
I Vest Palm Bench, FL 3340/
(J6!) 820-871 I
Facsimile (56 /) 820-8777
June 7, 2007
Re: Crime Viclims' 11ncl Witncs_scs~hts
Dear Miss wtll
Pursuanr to the Justice for All Act of 2004, as n victim and/or witness of a federal offense,
you have <1 number of rights. Those rights arc:
(I) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding
1 nvolving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any public court proceeding, unless the court
dctenrnncs that your testimony may be materially altered if you are present for other
portions of a proceeding.
( 4) The right to be reasonably heard at any public proceeding in the district court
involving relea<;e, plea, or sentencing.
(5) The reasonable right to confer with the attorney for the United States in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and
pnvacy. ( i
Members of t1e U.S. Department of Justice and other federal investigative agencies,
including the Federal Bureau of 1nvestigat(~n, must use their best efforts to make sure that these
rights arc protected. If you have any concerns in this regard, please feel free to contact me at 561
209-1047, or Special Agent Nesbitt Kuyrkcndall from·the Federal Bureau of investigation at 561
822-5946. You also can contact the Justice Department's Office for Victims of Crime in
Washington, D.C. al 202-307-5983. That Office has a website at www.ovc.gov.
You can seek rhe advice of an attorney with respect to the righ\-~ listed above and, if you
believe that the tights se\ forth above are being violated, you have the right to petition the Court for
relref.

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 33 of 45
Case 9:08-cv-80736-KAM Document 14
MISSC
JUNE 7, 201)7
P<\Gf 'J.
Entered on FLSD Docket 07/15/2008
.._,,
Page 9 ~f 21
In addition to these rights, you are entitled to counseling and medical services, and protection
from intimidation and harassment. If lhe Court determines that you arc a victim, you also may be
entitled lo restitution from the perpetrator. A list of counseling and medical service providers can
be provided to you, if you so desire. If yqu or your family is subjected to any intimidation or
harassment, please contact Special Agent Kuyrkendall or myself immediately. It is possible that
someone working on behalf of the targets of the investigation may contact you. Such contact does
not viola~ law." However, if you are contacted, you have the choice of speaking lo that person
or refusing to .. do s'o. If you refuse and feel that you are being threatened or harassed, then please
contact Special Agent Kuyrkendal I or mysd f.
You also are entitled to notification of upcoming case events. At this time, your case is under
invest1gat1onl If anyone is charged in connection with the investigation, you will be notified.
By:
cc: Special Agent Nesbitt Kuyrkendall, F.B.I.
Sincerely,
R. AlexanJcr Acosta
Untied States Attorney ~Jbtf QAP--
A. Marie Villafana
Assistant United States Attorney
..

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 34 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/200 . ......,,
lJ.S. Department of .Justice
United Stutes Auorney
Soulhern Dislrict o}Flonda
500 Soulh A ,istralum it Ye., Sulir 400
West Palm Beach, Fl 3340 I
(56/) 820-87 JI
Facsimile (56!) 820-8777
August 11, 2006
DELIVERY BY HAND
MissT-Mtlll
Re: Crime Victims' and Witnesses' Rig'1ts
DearMissMtaa
Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense,
you have <1 number of rights. Those rights are:
( I )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The right to be reasonably protected from the accused.
The right to reasonable, accurate, and timely notice of any public court proceeding
involvi.:ig the crime or of any release or escape of the accused.
The right not to be excluded from any public court proceeding, unless the court
detenn;nes that your testimony may be materially altered if you are present for other
portions of a proceeding.
The right to be reasonably heard at any public proceeding in the district court
involving release, plea, or sentencing.
The re,.sonable right to confer with the attorney for the United States in the case.
The right lo full and timely restitution as provided in law
The right to proceedings free from unreasonable delay.
The right to be treated with fairness and with respect for the victim's dignity and
pnvacy.
Members of the U.S. Department of Justice and other federal investigative agencies,
including the Federal Bureau of Investigation, must use their best efforts to make sure that these
rights are protected. If you have any concerns in this regard, please feel free to contact me at 561
209-1047, or Special Agent Nesbitt Kuyrkendall from, the Federal Bureau of Investigation at 56 I
822-5946. You also can contact the Justice Department's Office for Victims of Crime in
Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov.
You can seek rhe advice of an a!lomey with respect to the righl&. listed above and, if you
believe that the rights ,et forth above are being violated, you have the right to petition the Court for
relief

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 35 of 45
Case 9:08-cv-80736-KAM Document 14
M1ssT
ALICiUST I I, 2006
PAGE 2
Entered on FLSD Docket 07/15/2008
In addition to these rights, you are entitled to counseling and medical services, and 1"
from intimidation and harassment. If the Court determines that you are a victim, you ,J.
entitled to restitution from the perpetrator. A list of counseling and medical service fl'('.
be providtd to you, if you so desire. If you or your family is subjected to any inti.,
harassment, please cor:.tacl Special Agent Kuyrkendall or myself immediately. It is p,
someone working on behalf of the targets of the investigation may contact you. Such c, ,, •
not violate the law. However, if you are contacted, you have the choice of speaking lo ,i1
or refusing to do so. If you refuse and feel that you are being threatened or harassed, 1: 1:
• contact Special Agent Kuyrkendall or myself
You also are entitled to notification of upcoming case events. At this time, yolll L,
investigation. If anyone is charged in connection with the investigation, you wil I he n, ,,
By:
cc: Special Agent Nesbitt Kuyrkendall, F.B.I.
Sincerely,
R. Alexander Acosta
United States Attorney
OJ \_ J J () !l ~'- J .;\
(Jll!J:tuJV~'L
A. Marie Villafana
Assistant United States Attorney
..
\ I
,,, ,'
·'', '·
Page 11 of 21

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 36 of 45
Case 9:08-cv-80736-KAM ,Document 14 . .._,
January 10, 2008
Re: Case Number:
Dea C ...
Entered on FLSD Docket 0U15'2DQB...,, Pa§e,.,!2.:,0f 21
..._,,
U.S. Department of Justlce
Federal Bureau of Investigation
FBI - West Palm Beach
Suite 500
505 South Flagler Drive
West Palm Beach, FL 33401
Phone: (581) 833-7517
Fax: (561) B33-7970
This case is currently under Investigation. This can be a lengthy process and we request your
continued patiencs wtlile we conduct a thorough investigation.
As a crime victim, you havv the following rights under 18 United States Code§ 3TT1: {1) Toil right to
be rvHonabty protected from the accused: (2) The right to reasonable, accurate, and timely notice of any
publlc court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the
accused; (3) The right not to be excluded from any such public court proceeding, 111lus the court. after
receiving clear and convincing evidence. detvrminw. that testimony by the victim would be materially altered If
the victim heard other testimony at that proceeding; (-4) The right to be reasonably heand at any public
proceeding In the district court Involving release, plea, sentencing, er any parole proceeding; {5) The
reasonable right lo confer with the attorney for the Government In tt,Q case; (6) The right to full and timely
restitution as provided In law; [7) The right to proceedings free from unreasonable delay; (B) The right to be
treatsd with faimess and with respect for !hv victim's dignity and privacy.
We will make our best efforts to ensure you are accorded the rights descrtbed. Most of these rights
pertain to events occ:urring after the arre&t or indictment of an lndivfdual for the crime, and It wiff become the
responsibility of the prosecuting Untted States Attorney's Office to ensure you are acoorded those rights. You
may also seek the ad11ice of a private attorney with respect to these rights.
The Victim Nollficallon Systam (VNS) is designed to provide you with direct information regarding the
case a, it proceeds through the criminal Justice system. You may obtain current Information about this matter
on the lntemet el WWW.Notlfy.USOOJ.GOV or from the VNS Call Center at 1-866-00J-4YOU (1-866-365-
4968) (TDDfTTY: 1-866-228--4619) (International: 1 •502·213-2767). In addition, you may use the can
Center or Internet to u~dale your contact infonnalion and/or change your decision about participation in the
notification program. If you update your lnfannatlon to include a ourrent emaJI address, VNS will send
information to that address. You wlft need the following Victim ldentmc:atlon Number (VIN} '1941737' end •
Personal Identification Number (PIN) '5502' anytime you cont•ct the Call Center and the first time you log on to
VNS on the Internet. In addrtlon, the first tlme you access the VNS Internet site, you will be prompted to enter
your las! name (or business name) as currently contained in VNS. The name you should enter Is v.e,

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 37 of 45
Case 9:08-cv-80736-KAM Document 14
...._,
Entered on FLSD Docket 071'15/2008"'-'' Pag'e ~-S '6f 21
._,
If you have additional question& which Involve this matter, please contact the office listed above. When
you caU, please provide the file number located at tne lop of this letter. Please remember, your participation
in the. notification part of thi& program is voluntary. In order to. continue to receive notifications, ii is your
responsibility to keep your contact informatlon current
Sincerely,
TwllerSmith
Victim Speciali&t

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 38 of 45
Case 9:0S=CY-80736-KAM Document 14
January 10, 2008
James Eisenberg
One Cleartake Center Sta 704 Australian South
West Palm Beach, Fl. 33401
Re; ■ ..
Dear James Eisenberg:
Entered on FLSD Docket om<5l:2@0'8::01 Pagetq-4~f 21
....,,
U.S. Department of Justice
Federal Bureau of lnvestJgation
FBI - West Palm Beach
Suite 500
505 South Flagler Drive
West Palm Bttach, FL 33401
Phone: (561) 833-7517
fax: (561) 833-7970
You have reQuested to receive notifications for ~Nllt
Thia case is curranUy under Investigation. This can be a lengthy process and we request your
continued patience while we canduct a thorough investlgaUon.
A1s II crime victim, you have the followi~ rights under 16 Unltsd Stales Code§ 3771: (1) The right to
be reasonably protected from the. accused; (2) The right to reasonable, accurate, and timely notice of any
public court proceeding, or 11ny parole proceeding, Involving the crime or of any release or escape of the
accused; (3) The right not to be excluded from any auch public court proceeding, unless the court. after ·
receiving cleilr and convincing evidence, determines that testimony by the victim would be materially altered if
the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public
proceeding in the di&trlct court involving relea&e, plea, sentencing, or any parole proceeding; (5) The
reasonable right to confer with the attorney for the Government in the case; (6) The right to full and tlmely
restitution as provided In law; (7) The right lo proceedings free from unreasonable delay: (8) The right to be
treated with faimess and with respect for the victim's dignity and privacy.
We will make our be&t effort& to ensure you are accorded the rights described. Most of these nghts
pertain to events OCCJrring after the arrest or Indictment of an individual for the crime, and It will become the
re&pon&ibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You
may also seek the advice of a private attomey with respect to these rights.
The Victim Notification System (VNS) ii. desianad to provide you with direct Information regarding the
case as it proceeds through the criminal justice system. You may obtain current Information about this matter
on lhe lntemet at WWW.Notlfy.USOOJ,GOV or from the VNS Call Cen\er at 1-866-DOJ~YOU (i-866-365-
4968) (TDD/TTY; 1-8~·228-4619) (International: 1-502-213-2767). In addition, you may use the Call
Center or Internet to update your contact infonnatlon and/or change your decision ebout participation in the
notification pl'0gram. If you update your Information to Include a current email address, VNS will send
information to that addresg. You wlN need lhe following Victim Identification Number (VIN) '1941741' and
Personal ldenllflcatfon Number (PIN) '7760' anytime you contact the Call Center and the first time you log on to
VNS on the Internet. In addition, the first time you acces6 the VNS Internet i.fte, you wtll be prompted to enter
your last name (or business name) as currently contained in VNS. The name you should enter is Eisenberg.

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 39 of 45
Case 9:08-Gv-8Gl36--KAM Document 14
.._.,
Entered on FLSD Docket 07i6t1>6/~8'j::>i Page ~:frieif 21
.....,
If you have addtuonal quntion& whlcl'l Involve this matter, please oontad the office listed i:ilbove, When
you c;all. please provide the flle number located at the top of this letter. Please remember, your participation
in the notlfieatJon part of this program is voluntary. In order to continue to receive no11fications, It is your
responslblllty to keep your contact Information current.
Sincerely,
Twiler Smith
Victim Specialist

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 40 of 45
Case 9:0B~cv-807-36-KAM
,..,
~
May 30. 2008
Re:
Dear~
Document 14
- Entered on FLSD Docket 0-7f15-f-2O
~
U.S. Department of Justice
Federal Bureau or Investigation
FBI • West Palm Beach
Suite 500
505 South Flagler Drive
West Palm Beach. FL 33401
Phone: (56i) 833-7517
Fax: (561) 833-7970
·,'
Your name was referred to the FBl's Victim Assistance Program as being a possible victim of a federal
crime. We appreciate your assistance and cooperation while we are Investigating this case. We would like to
make you aware of the victim service& that may be available to you and to answer any questions you may have
regarding the criminal justice process throughout the investigation. Our program is part of the FBl's effort to
ensure the victims are treated with respect and are provided information about their rights under federal law.
These rights include notification of the status of the case. The enclosed brochures provide information about
the FBl"s Victim Assistance Program, resources and instructions for accessing the Victim Notification System
(VNS), VNS is dHigned to provide you with information regarding the status of your case_
This case Is currently under Investigation. This can be a lengthy process and we request your
continued patience while we canduct a thorough investlgalion.
As a crime victim, you have the followlng rights under 18 United States Code § 3771: (1) The right lo
be reasonably protected from the accused; (2) The right to rsasonable, accurate, and timely notice of any
public court proceeding, or any parole proceeding, involving the crime or of any rel111ase or escape of the
accused: (3) The right not to be excluded from any such public court proceeding, unless the court, after
receiving claar and con·.-incing evidence, determines that testimony by the victim would be materially altered If
the vIctlm heard other testimony at that proceeding; (4) The right to be reasonably heard at any public
proceeding in the district court involving releai;e, plea, sentencing, or any parole procee~ing; (5) The
reasonable right to confer with the attorney for the Government in Iha case; (6) The right to full and timely
restitution as provided h law; (7) The right to proceedings free from unreasonable delay; (81 The right to be
treated with fairness and with respect 1or the victim's dignity and privacy.
We will make 01Jr best efforts to ensure you ere accorded the rights described. Most of these rights
pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the
responsibility of the prosecuting United States Attorney's Office lo ensure you are aceorded those rights. You
may also seek the advi,;e of a private attorney wtth respect to these rights.
The Victim Notification System (VNS) Is designed to provide you with direct information regarding the
case as it proceeds thrc,ugh tt,e criminal justice system. You may obtain current information about !his matter
on the Internet at WWV,1_Notify.USDOJ .GOV or from the VNS Call Cttnter at 1·866-DOJ-4YOU (1-866-365-
4968) (TDOITTY: 1-866-228-4619) (lntemational: 1-502-213-2767), In addition, you may use the Call
Center or Internet to up,jate your contact information and/or change your decision about participation in the
notification program. 1r you update your Information to include a current email address, VNS will send
information to that addmss. You wlll need the followine Victim Identification Number (VIN) '2074381' snd
Personal ldentificaUon Number (PIN) '1816' anytime you contact the Call Canter and the first time you log or. to
VNS on the Internet. In addition, the first lime you access the VNS Internet site, you will be prompted to enter
your last name (or business name) as currently contained in VNS. The name you should enter is ~

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 41 of 45
Document 14 Entered on FLSD Docket OH'c:1-6~@"-' 1 Page l11 1
7"0f 21 ~ .... ....,,,,,,
If you have addltlonal questions which Involve this matter, please cont.act the office listed above. When
you call, plea~ provide the !lie number located at the top of this letter. Please remember, your participation
in the notification part of this program is voluntary. In order to continue to receive notifications, it is your
responsibility to keep your contact information current. •
Slncerely,
Twiler Smith ,;
Victim Specialist
TOTAL P.07

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 42 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 18 of 21
ll.S. Department of Justice
VIA F ACS IM ILE
Brad Edwards, Esq.
.._,
United Srales Auorney
Southern Disrrict of Florida
500 Sourh Auslralian Ave., Suite 400
West Palm Bea~h. FL 33401
(561) 820-871 I
Facsimile: (56/) 820-8777
July 9, 2008
The Law Offices of Brad Edwards & Associates, LLC
2028 Harrison Street, Suite 202
Hollywood, Florida 33020.
Re: Jeffrey Epstein/C ,,., NOTIFICATION OF
IDENTIFIED VICTIM
Dear Mr. Edwards:
~
GOVERNMENT
EXHIBrT
CASE
NO.08-80736-CV-MARRA
EXHIBIT
NO. 6
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, C L \VIII.
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-009454AXXXMB and 2008-cf 009381 AXXXMB) 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 1, 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

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 43 of 45
Case 9:08-cv-80736-KAM Document 14
BRAD EDWARDS, ESQ
NOTll·ICATION OF IDENTIFIED VICTIM C
JlJI.Y 9, 2008
PAGE 2 or 2
Entered on FLSD Docket 07/15/2008 Page 19 of 21
-...J
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, 0 •·w■
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, 250 Australian
Avenue South, Suile 1400, West Palm Beach, FL 33401, (561) 659-8300.
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; f-i~wev6r, i(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 hea1tfelt regards of myself and Special Agents Kuyrkendall and Richards for
the health and well--being of Ms. ·\Illa
cc: Jack Goldberger, Esq.
R. ALEXANDER ACOSTA
UNITED STA TES A TI'ORNEY
A. MARIE VILLAFANA
ASSISTANT U.S. ATTORNEY

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 44 of 45
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 20 of 21
-GOVERNMENT
ll.S. Department of Justice EXHIBIT
CASE
N0.08-8073t,-CV-MARRA
United Sia/es Allorney
Soulhern Dislricl of Florida
500 South Australian Ave. Suite 400
West Palm Beach, FL 3340 I
(561) 820-8711
Facsimile.· (56!) 820-8777
July 9, 2008
VIA FACSIMILE
Brad Edwards, Esq.
The Law Offices of Brad Edwards & Associates, LLC
2028 Harrison Street, Suite 202
Hollywood, Florida 33020.
Re: Jeffrey Epstein/~ ] R
IDENTIFIED VICTIM
Dear Mr. Edwards:
NOTIFICATION OF
EXHIBIT
NO. 7
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, S J ~
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-009454AXXXMB and 2008-cf 009381 AXXXMB) 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 1, 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

Case 9:08-cv-80804-KAM Document 18 Entered on FLSD Docket 09/03/2008 Page 45 of 45
Case 9:08-cv-80736-KAM Document 14
..._,,
BRAD EDWARDS, ESQ.
NOTIFICATION OF IDENTIFIED VICTIMS
JUI.Y 9, 2008
PAG£20F2
Entered on FLSD Docket 07/15/2008 Page 21 of 21
...,
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, S
Rlllt is an individual whom the United Stales 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, 250 Australian
Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300.
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 offenst:, 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 myself and Special Agents Kuyrkendall and Richards for
the health and well--being of Ms. Rlllt
By:
cc: Jack Goldberger, Esq.
R. ALEXANDER ACOSTA
UNITED ST A TES ATTORNEY
~~~ ASSISTANT U.S. ATTORNEY