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Case 1:20-cr-00330-AJN Document 63 Filed 10/07/20 Page 4 of 8 Honorable Alison J. Nathan October 7, 2020 Page 4 il. The Government’s Plan to Review Certain Files from the Florida Investigation A. Relevant Background Regarding the Florida Investigation (2005-2010) Between approximately 2005 and 2010, and as detailed further below, members of the Palm Beach Police Department, the Palm Beach State’s Attorney’s Office, the U.S Attorney’s Office for the Southern District of Florida (“USAO-SDFL”), and the FBI’s Palm Beach Resident Agency (the “FBI Florida Office”) conducted a separate investigation and prosecution of Jeffrey Epstein for his sexual abuse of minors in Florida (the “Florida Investigative Team” and the “Florida Investigation,” respectively). The Prosecution Team in this case had no involvement in the Florida Investigation, which predated the instant investigation by approximately eight years.” Similarly, the Florida Prosecution Team and the agencies involved in the Florida Investigation have had no involvement in the investigative, charging, or prosecutorial strategy decisions of the Prosecution Team in this case. Accordingly, under the governing law of this Circuit as discussed above, there is no basis for deeming the Florida Prosecution Team a part of the current Prosecution Team, and the Government does not believe it has any legal obligation to obtain or review the investigative files of those agencies. As discussed below, however, the Government is nevertheless prepared to go significantly above and beyond its disclosure obligations by requesting files from the Florida Investigation that have at least some potential to contain materials that could be relevant to the instant case, and by reviewing and producing those materials as appropriate in this case.? ? As detailed herein, during the course of its investigation, the Prosecution Team has gathered some documents related to the Florida Investigation, principally consisting of the FBI Florida Office’s case file for the Florida Investigation. Those materials are being treated as a part of the Prosecution Team’s files and will be produced, to the extent covered by Rule 16 or any other disclosure obligation, to the defendant in this case. 3 In addition to the Florida Investigation, the Government is aware, through public reporting among other means, of a number of other investigations into matters relating to Jeffrey Epstein. For example, it has been publicly reported that local agencies in the U.S. Virgin Islands, Paris, and London have conducted and may still be conducting investigations into Epstein, which may include investigation into his sexual abuse of minors. There has also been public reporting regarding investigations into Epstein’s finances, including an investigation by the U.S. Attorney’s Office in the U.S. Virgin Islands, and into the conditions of Epstein’s confinement while serving his sentence following the Florida Investigation. Additionally, the USAO-SDNY conducted an investigation into Epstein’s suicide and is currently prosecuting two corrections officers as a result of that investigation. See United States v. Noel and Thomas, 19 Cr. 830 (AT). Separately, the FBI Florida Office investigated and ultimately prosecuted an employee of Epstein’s named Alfredo Rodriguez for obstruction of justice, see United States v. Alfredo Rodriguez, 10 Cr. 80015 (KAM), and the Prosecution Team has received some files from that case. The Government does not intend to further seek out or review the investigative files of any such cases, which are completely unrelated to the subject matter of the instant prosecution and/or have been conducted by entities that are not part of this Prosecution Team and, in some instances, the Department of Justice. DOJ-OGR-00001790