EFTA00068878.pdf

Cr 1) '.1.d Florida Office Bradley J. Edwards *Ol Seth M. Lehrman 't Brittany N. Henderson *0 Matthew D. Weissing EDWARDS POTTINGER LLC October 21, 2020 FOIA PRIVACY EXEMPTION VIA E-MAIL AND FEDEX The Honorable Geoffrey S. Berman United States Attorney for the Southern District of New York Assistant United States Attorney 86 Chambers Street, Third Floor New York. New York 10007 Dear New York Office J. Stanley Pottinger j Admitted in California 0 Admitted in I>istrict of Columbia • Admitted m Florida t Admitted in New York Beard (:crtified Civil Trial lau)rr Re: Re tuest for Tangible and Documentary Evidence (Touhy Request) Doe v. Darren K. Indyke, et al., SDNY Case No. 1:19-cv-07773 Victim: In follow up to our previous communications, please accept this as our formal written request for documentary and tangible evidence currently in the in the possession, custody, and control of the Department of Justice by way of the Southern District of New York relating to the sexual abuse of one of Jeffrey Epstein's many victims, Doe.' See United States ex rel. Touhy v. Rages, 340 U.S. 462 (1951). We make this written request pursuant to the Touhy regulations codified as 28 C.F.R. § 16.21 et seq. Should you find there to be any deficiencies within this request, please notify us and we will do what is necessary to correct any such shortcomings. Doe Doe was sexually assaulted by prolific pedophile, Jeffrey Epstein, from 2002 through 2010. From the time they met when she was only seventeen years old, Epstein sexually abused and ' To protect her anonymity, our clien has elected to proceed as a Doe. As such, we have referred to her herein using the pseudonym under which she has filed her lawsuit. EFTA00068878 Page 2 assaulted Doe in the most horrific ways imaginable. Throughout the years of abuse, Epstein paid for medical treatments, provided legal counsel, purchased a number of commercial flights, provided housing, and purchased a number of items of value for Doe, record of which we believe is currently in the Government's possession as a result of the investigation that was conducted into Epstein's criminal activity relating to the sexual abuse of minor children. Given the highly relevant nature of this tangible evidence to Doe's currently pending litigation, we request production of documentary evidence relating to Doe in order to enable her to prove her claims from both a liability and damages standpoint. We specifically seek copies of the following documents that we believe are currently in the possession of the Government: I) Photographs of Doe; 2) Videos of 151 Doe; 3) Any and all correspondence between Jeffrey Epstein, his agents, employees, medical providers, or attorneys and 151 Doe; 4) Any and all records of purchases of gifts or anything of value purchased for or sent to Doe; 5) Any and all records of donations made to the Martha Graham Dance Company or Ballet Academy East on behalf of 151 Doe; 6) Any and all records showing that a letter or package was sent via U.S. Mail, UPS, FedEx, or by any other means of shipping from Jeffrey Epstein, his agents, or his employees to Doe; 7) Any and all records of payments made to medical providers on behalf of Doe; 8) Any and all records of payments made to accountants on behalf of Doe; 9) Any and all documents including Doe's true name; 10) Any and all lists including Doe's true name; and 11) Any and all other documentary materials relating in any way to Doe. Pursuant to the Touhy regulations set forth by the Department of Justice, the Deputy or Associate Attorney General assesses the following considerations in determining whether disclosure is warranted: (a)(1) Whether such disclosure is appropriate under the rules of procedure governing the case or mater in which the demand arose; (a)(2) Whether disclosure is appropriate under the relevant substantive law of privilege. This request satisfies both of these considerations. As explained previously, the requested non-privileged documentary evidence directly concerns the allegations in Doe's civil case. Due to the establishment of the Epstein Victim Compensation Program that is currently underway, 5 Doe seeks this information on an expedited basis in order to properly and completely present her claim for consideration, and if necessary, to continue to proceed by way of formal litigation. The requested information is within the scope of ordinary practice and does not seek disclosure of EFTA00068879 Page 3 information prohibited by statute or regulation. Furthermore, this request does not seek information that is classified or that would reveal the source or identity of any informant. To that effect, Doe specifically does not request any investigatory records compiled for law enforcement purposes that would interfere with ongoing law enforcement proceedings. Doe simply requests information in the Government's possession that will assist in the prosecution of her claims and ultimately, aid in her ability to finally obtain the that she deserves. To the extent that the requested materials can be made available to Doe on an expedited basis, it would be greatly appreciated. Please contact us at your earliest convenience to discuss the identity of • Doe in more detail, at which time we are fully prepared to answer any questions that you may have. Very truly yours, EDWARDS POTTINGER LLC Bradley Edwards Brittany Henderson EFTA00068880