EFTA00617190.pdf

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 IN RE: JANE DOE, Petitioner. FILED by JUL 0 9 2008 STEVEN M. lARIMORE CLERK U.S. DIST. CT S O. OF FLA. • DECLARATION OF A. MARIE VILLAFARA IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT. 18 U.S.C. § 3771 D.C. I. I, A. Marie Villafafta, 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 lion. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. 1 also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, 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. EFTA00617190 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.' Your Affiant's letter to C.W. was provided by the FBI. (Ex. I ). Your Affiant's letter to T.M. was hand-delivered by myself to T.M. at the time that she was 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 10, 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 '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. 'Please note that the dates on the U.S. Attorney's Office letters to C.W. and T.M. are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted. -2- EFTA00617191 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 A ffiant 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.' 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 of Florida 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 'The undersigned does not know when Mr. Edwards began representing T.M. or whether T.M. ever formally terminated Mr. Eisenberg's representation. -3- EFTA00617192 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'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." 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 prompt resolution of the matter. At the time the agreement was signed in September 2007, 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 of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been -4- EFTA00617193 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 performed 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. 10. 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, if he 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- EFTA00617194 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 'gar' %we 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 of T.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 of Emergency, 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- EFTA00617195 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 the relief requested in the Emergency Petition. 14. 1 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 day of July, 2008. A. ane t afana, sq. -7- EFTA00617196 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07 '15 20t 'gm/ DELIVERY BY HAND Miss Re: Crime Victims' and Witnesses' Rights Dear Miss Warn U.S. Department of Justice United States Attorney Southern District of Florida Asa GIOVE:FOlateir MOD' rar5S40/ 36-CV ICOBBMT NO, 41P "tie' 300 South Australian Ave . Suite 400 West Polm Beach, Ft. 33401 (361) 820-871! Facsimile (560820-8777 June 7, 2007 Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a 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 involving 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 determines 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 release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the cast. (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 privacy. 1( Members of tie U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of tnvestigatjon, 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 561 822-5946. 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 the advice of an attorney with respect to the nghtg listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief EFTA00617197 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07:15'2008 Page 9 of 21 MISS CONS Vab JUNE 7. 2007 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you are a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you 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 violambe law:- However, if you are contacted, you have the choice of speaking to that person or refusing tondo do: If you refuse and feel that you are being threatened or harassed, then please 'contact Special Agent Kuyrkendall or myself. You also are entitled to notification of upcoming case events. At this time, your case is under investigation; If anyone is charged in connection with the investigation, you will be notified. Sincerely, By cc: Special Agent Nesbitt Kuyrkendall, F.B.I. R. Alexander Acosta United States Attorney abAzWiele , aficci A. Marie Villafafia Assistant United States Attorney f f EFTA00617198 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 U.S. Department of Justice United States Attorney Southern District of Florida SOO South Australian Ave Suite 400 West Palm Beach. Pt 33401 (561)820-8711 Facsimile. (561) 820.8777 August I I. 2006 DELIVERY BY HAND Miss Tea Re: Crime Victims' and Witnesses' Rights Dear Miss Me GOVERNMENT EX Mar Vks.scrso-ev-MARitil EXHIBIT 2 NO. Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court pmceeding, unless the court detenn'nes that your testimony may be materially altered i f 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 release, 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 privacy. t Members of the U.S. Departritent 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 Kurtendall froni, 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. at 202-307-5983. That Office has a websitc at www.ovc.gov. You can seek the advice of an attorney with respect to the rights, listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00617199 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07)15.2008 Page 11 of 21 •-• miss Al ;GUST 11, 2006 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and from intimidation and harassment. If the Court determines that you are a victim, you entitled to restitution from the perpetrator. A list of counseling and medical service pip. be provided to you, if you so desire. If you or your family is subjected to any inn.] • harassment, please contact Special Agent Kuyrkendall or myself immediately. It is p • someone working on behalf of the targets of the investigation may contact you. Such cor not violate the law. However, if you are contacted, you have the choice of speaking to ,i, or refusing to do so. If you refuse and feel that you are being threatened or harassed, td':• Contact Special Agent Kuyrkendall or myself. You also are entitled to notification of upcoming case events. At this time, your investigation. If anyone is charged in connection with the investigation, you will be ph,. Sincerely, R. Alexander Acosta United States Attorney cc: Special Agent By: F.B.I. A. Marie Villafarla Assistant United States Attorney EFTA00617200 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07615/200B,, Page-Aaof 21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Fielder Drive West Palm Beach, FL 33401 Phone: (581) 833-7517 Fax: (561) 833-7970 January 10, 2008 Re: Case Numberae Dear BV_ This case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim. you have the following rights under 18 Untied States 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 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, unless the court. after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered it the victim heard other testimony et that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court Involving release, 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 timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness end with respect for the victim's dignity and privacy. We wRI make our best efforts to ensure you are 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 to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case es it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet el WWW.Notlfy.USDOJ.G0V or from the VNS Call Center at 1-866-D0J-4YOU (1-866-365- 4968) (TD0ITTY: 1-868-228-4619) (International: 1.502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notilicaban program. If you update your Information to include a current email address. VNS will send information to that address. You vile need the following Vicrim identification Number (VIN) '1941737' and • Personal identification Number (PIN) '5502' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time 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 GOVERNLIEhrf EXHIBIT CASE NO, 0ettoiis-CV-NIARRA EXHIBIT NO. 3 EFTA00617201 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2CO8"" Page ISIST 21 Nett If you have additional questions which Inv°Ne this matter, please contact the office listed above. When you call, please provide the IIle 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. Sincerely. Neer Smith Victim Specialist EFTA00617202 Case 9:08-cv-8a736-KAM January 10.2008 Document 14 James Eisenberg One Clearlake Center Ste 704 Australian South West Palm Beach, FL 33401 Re. Entered on FLSD Docket 0745.e 908'-" Page44TO 21 U.S. Deportment of Justice 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) 833-7970 Dear James ELsenbrenr You have requested to receive nOtifiCations for aka This case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a crime victim, you have the following rights under 18 United States Code § 3771: (t) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public 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. unless the court, after receiving clear 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 district court involving release, 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 lull 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 privacy. we will make our best efforts to ensure you are accorded the rights described. Most of these nghts 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 to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct Information regarding the case as It proceeds though the criminal justice system. You may obtain current information about this matter on the Internet at WWN.Nottfy.USDOJ.GOV or from the VNS Call Center at 1.886-00J-4YOU (1.866-365- 4968) (TDD/TTY: 1.866.226-4619) (International: 1.502.213-2767). In addition, you may use the Cal Center or Internet to update your contact information and/or change your decision about participation in the notificabon program. If you update your Information to Include a current email address. VNS will send information to that address. You wil need the following Victim Identification Number (VIN) '1941741' and Personal identification 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 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 Eisenberg. CASE NO, 08-807.16-CV-MARR4 EXHIBIT NO. 4 EFTA00617203 Case 9:08-ov-89736-KAM Document 14 Entered on FLSD Docket 07045/2008, DIPage €Mwat 21 If you have additional qualiona which Involve this matter, please contact the office listed above. When you call. please provkle the file 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. Sincerely. c e i)i Le& t rt) Victim Specialist EFTA00617204 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 0-71-151-20Ce yv IU U I 4 \me ••••11 GOVISNMENT COMM U.S. Department of Justice Federal Bureau of investigation FBI • West Palm Beach CASE Suite 500 NO. 08-80736-CV•MARRA 505 South Flagler Drive West Palm Beach. FL 33401 NO. Phone: (561) 833-7517 Fax: (56t) 633-7970 May 30. 2008 Re: • Deer liela Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we ere Investigating this case. We would like to make you aware of the victim services 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 FBI'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 FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed 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 conduct a thorough investigation. As a crane victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, end timely notice of any pubric cowl 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, unless the court, after receiving ;rear and con•incing 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 district court involving release, 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 timely restitution as provided in law; (7) The right to proceedings tree from unreasonable delay; (8) The right to be treated with fairness end with respell for the victim's dignity and privacy. We will make our best efforts to ensure you are 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 to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) Is designed 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 the Internet at WiAW.Notify.USD0J.WV or from the VNS Cad Center et 1.866-D0J-4Y0U (1-866-365- 4968) (TDD/TTY, 1466-228-4619) (international: 1-502-213.2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. if you update your Information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '2074381' and Personal Identification Number (PIN) '1816' anytime you contact the Call Center end the first time you tog 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 Ills EFTA00617205 Case„9t08-ev-80-736-KAM Document 14 Entered on FLSD Docket 074461:2008-- Page 4,7cof 21 %NW 0 ••••••se %MO If you have additional questions which Involve this matter, please contact the office listed above. Wben you calk please provide the file number located at the top of this latter. Please remember, your participation in the notification pan of this program is voluntary. In Order to continue to receive notifications. it is your responsibility to keep your contact information current. Sincerely. • TOTAL P.07 EFTA00617206 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07)15.2008 Page 18 of 21 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 3340! (560 8204711 Facsimile: (561)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 EpsteipianilleVaL NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: 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, Calla 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- 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 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 EFTA00617207 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07)15.2008 Page 19 of 21 %me BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM cams yin JULY 9,2008 PAGE 2 OF 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, °spa 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 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, ieyou 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 myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. a R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFAFIA ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00617208 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07:1512008 Page 20 of 21 U.S. Department of .Justice United States Attorney Southern District of Florida SC GOVERNMENT EXHIBIT CASE NO) I8-8073f -CVNARRA EXHIBIT NO. 500 South Australian Ave.. Suite 400 West Palm Beach FL 33401 (561)810-8711 Facsimile: (561)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 Ensteinaa a NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: 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, a K 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- 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 EFTA00617209 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15:2008 Page 21 of 21 iftar BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM Sab Juni 9, 2008 PAGE 2 OF 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, 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, 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 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 myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. R` R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Esq. A. MARIE VILI.AFARA ASSISTANT U.S. ATTORNEY EFTA00617210