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Case 1:19-cr-00490-RMB Document 24 _ Filed 07/16/19 Page /7of9 Hon. Richard M. Berman July 16, 2019 Page 7 Seventh, to the extent third-party counsel (Mr. Boies) speculated that the November 28 and December 3, 2018 payments® were made to “witnesses who were cooperating with us”? in civil litigation, he is wrong. As explained in Court, the recipients were “long-time [Epstein] friends and employees’!® — not putative victims — and they never cooperated with Mr. Boies. To the contrary, each invoked the Fifth Amendment and refused to testify when civilly deposed, respectively, in prior New York federal and Florida state civil proceedings. Subject to the protective orders in these proceedings, we would be pleased to provide relevant deposition transcripts. Eighth, as for the Austrian passport the government trumpets, it expired 32 years ago. And the government offers nothing to suggest — and certainly no evidence — that Epstein ever used it. In any case, Epstein — an affluent member of the Jewish faith — acquired the passport in the 8 7/12/19 Ltr. 11. 9 7/15/19 Tr. 70-71. 10 Ibid. 69. DOJ-OGR-00000451