EFTA00090476.pdf

Florida Office Bradley J. Edwards •01 Seth M. Lehrman "1- Brittany N. Henderson *0 Matthew D. Weissing airy) !La I: EDWARDS POTTINGER LLC VIA E-MAIL AND FEDEX The Honorable Audrey Strauss United States Attorney for the Southern District of New York do 425 North Andrews Avenue Suite 2 Fort Lauderdale, FL 33301 July 8, 2021 FOIA PRIVACY EXEMPTION New York Office J. Stanley Pottinger f Admitted in CIWOCIIS 0 Admitted in Distem of Columba • Admitted m ?lin& f Admitted in Nov Yea Bond Certified cma Thal lawyer Re: Re i m iest for Tangible and Documentary Evidence (Touhy Request) Doc v. Darren K. I ndyke, et at, SDNY Case No. 1:19-cv-07772 Dear Mr. To follow up to our October 15, 2020 and October 21, 20201 letters, we again request 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. Ragen, 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. (a copy of ow October 15 and 21, 2020 letters, FedEx receipt and proof of email service are attached hereto). As stated in our prior letters, please contact us should you find any deficiencies in this request, and we will do what is necessary to correct any such shortcomings. Doe was repeatedly sexually assaulted and trafficked by prolific pedophile and rapist, Jeffrey Epstein, from 2006 through 2013. Throughout the years of abuse, Epstein 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 1 Our October 21, 2020 letter identified our client aS 2 To protect her anonymity, our client has elected to proceed as a to her herein using the pseudonym under which she has filed her lawsuit. Doe. As such, we have referred EFTA00090476 The Honorable Audrey Strauss July 8, 2021 Page 2 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 to enable her to prove her claims from both a liability and damages standpoint. 28 C.F.R. § 16.24 (c) states that it is the Department of Justice's policy to authorize the production of materials "whenever possible." Pursuant to the Touhy regulations set forth by the Department, the Deputy or Associate Attorney General assesses the following considerations in determining whether disclosure is warranted: (aXI) Whether such disclosure is appropriate under the rules of procedure governing the case or mater in which the demand arose; (aX2) Whether disclosure is appropriate under the relevant substantive law of privilege. See 28 C.F.R. 16.26 (a) This request satisfies both considerations. The requested materials should be disclosed because disclosure is appropriate under Federal Rule of Civil Procedure 26 and the relevant substantive law of privilege. The requested documentary evidence is not privileged and directly concerns the allegations in Ms. Doe's civil case. In addition, the requested documents are not excluded from disclosure by 28 C.F.R § 16.26 (b). Disclosure will not violate any statute, rule of procedure or regulation, will not reveal any classified information, confidential source or informant, and will not interfere with law enforcement proceedings or disclose investigative techniques and procedures. In In re The City of New York, 607 F.3d 923, 945 (2nd Cir. 2010), the court recognized that the law enforcement privilege is qualified. See also Miller v. Mehitretter, 478 F. Supp. 415, 424 (W.D. N.Y. 2007) ("When the information sought is both relevant and essential to the presentation of the case on the merits and the need for disclosure outweighs need for secrecy, privilege is overcome.") While Doe can overcome this privilege if asserted, she specifically does not request any investigatory records compiled for law enforcement purposes that would interfere with any ongoing law enforcement proceedings. Doe has recently declined an offer from the Epstein Victims' Compensation Fund and is proceeding to trial in the Southern District of New York. She is simply requesting 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 justice that she deserves. Disclosure of the documents she requests is not prohibited by either section 28 C.F.R 16.26 (a) or (b) and is warranted pursuant to 28 C.F.R § 16.26 (c). Subsection 16.26 (c) permits this disclosure, which is necessary for a civil proceeding, because (I) the criminal violations committed against Ms. Doe are serious, (2) Epstein's criminal behavior was outrageous and notorious; he victimized over a hundred young girls and women, inclusive of Ms. Doe, over the course of more than a decade, and (3) the relief sought in federal court is critically important to Ms. Doe and her ability to prove the degree of abuse she suffered at the hands of Jeffrey Epstein and his friends or associates. Ms. Doe strongly believes that pursuing her claims in federal court will give her and other victims a sense that justice was served. While EFTA00090477 The Honorable Audrey Strauss July 8, 2021 Page 3 the Victims' Compensation Program offered monetary compensation, it did not provide victims, in particular Ms. Doe, the opportunity to expose Epstein in a court of law for the monster he was. Instead of accepting a monetary settlement, Ms. Doe opted for her "day in court." The relief sought by Doe will ultimately prove that our judicial system works; however, in order to have the opportunity to achieve the justice she deserves, it is essential that she obtain from the Government those documents and information requested herein. To that end, we specifically seek copies of the following documents that we believe are currently in the pogiteccion of the Government: 1) Photographs of Doe; 2) Videos of Doe; 3) Any and all correspondence between Jeffrey Epstein, his agents, employees, medical providers, or attorneys and Doe; 4) My and all correspondence between Jeffrey Epstein, his afi i employees, medical providers, or attorneys about Doe or which reference Doe; 5) Ar iiail all records of purchases of gifts or anything of value purchased for or sent to Doe; 6) My and all records showing that a letter or package was sent via U.S. Mail, UPS, FedEx, or I m i.ny other means of shipping from Jeffrey Epstein, his agents, or his employees to Doe; 7) My and all records of payments made to medical providers on behalf of Doe; 8) My and all records of payments made to attorneys on behalf of Doe; 9) My and all records of payments made to accountants on behalf of Doe; 10) Any and all records of payments made to Doe; 1I)Any and all documents referencing Doe residing at 301 East 66'h Street, New York; 12)Arded all documents obtained from property belonging to Jeffrey Epstein that contains Doe's true name; 13) Any and all lists containing or including part thereof; and Doe's true name 14) My and all other documentary materials relating in any way to Doe. 28 C.F.R. 16.24 (d) (1) addresses the resolution of disclosure demands. We are willing to engage in discussions and negotiate a resolution to the resit ursuant to section 16.24 (dXIXii). Please contact us at your earliest convenience to discuss Doe's case in more detail, at which time we are fully prepared to answer any questions that you may have and resolve this matter. Very truly yours, EDWARDS POTTINGER LLC Bradley Edwards Brittany Henderson BJE:mwk EFTA00090478 ran X1 1 Florida Office Bradley J. Edwards** Seth M. Lehman st Brittany N. Henderson "0 Matthew D. Weissing "I 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 EDWARDS POTTING ER LLC 425 North Andrews Avenue Suite 2 Fort Lauderdale, FL 33301 October 15, 2020 New York Office J. Stanley Pottinger t j Adinetteal Caltfomo o Admitted a, remit of Columba • Admitted in Honda Admitted in Nev York Board Cnctifird Cirl Teal Lawyer Re: I, for Tangible and Documentary Evidence (Touhy Request) Doe v. Darren K. I ndyke, et al., SDNY Case No. 1:19-cv-07772 Dear Mr. 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. Ragen, 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 2006 through 2013. Frowlhe me they met when she was only twenty years old, Epstein sexually abused and assaulted Doe in the most horrific ways imaginable. Throughout the years of abuse, Epstein purchased a number of commercial flights, provided housing, and purchased a number of I To protect her anonymity, our client 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. To the extent that her identity is not already known by the prosecutors in the Southern District of New York, please contact us at your earliest convenience to discuss her true identity. EFTA00090479 Page 2 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 I abuse of minor children. Given the highly relevant nature of this tangible evidence to '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: 1) Photograph.. r Doe; 2) Videos of Doc; 3) Any and all correspondence between Jeffrey Epstein, his agents, employees, medical providers, or attorneys and Doe; 4) An and all records of purchases of gifts or anything of value purchased for or sent to Doe; 5) Arty and all records showing that a letter or package was sent via U.S. Mail, UPS, FedEx, or by other means of shipping from Jeffrey Epstein, his agents, or his employees to Doe; 6) Any and all records of payments made to medical providers on behalf of Doe; 7) Any and all records of payments made to attorneys on behalf of Doe; 8) Any and all records of payments made to accountants on behalf of Doe; 9) Any and all documents referencing Doe residing at 301 East 66th Street, New York; 10) Any and all documents includin Doe's true name; 11) Any and all lists including Doe's true name; and 12) 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. M re establishment of the Epstein Victim Compensation Program that is currently underway, 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 information prohibited by statute or regulation. Furthermore, this request does not EFTA00090480 Page 3 seek info at 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 tI Sistice 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 EFTA00090481 From: To: Subject: Date: TraddnollodatooDfodpx Marla Kellktlbn FedEx Shipment 771814211816: Thls shipment is scheduled to be sere Thursday, October 15, 2020 5:52:59 PM Hi. This shipment is scheduled to be sent on Thu 10/15/2020. 41 The delivery date may be updated when FedEx receives the package. Estimated delivery date Fri, 10/16/2020 by 4:30pm LoJ INITIATED MANAGE DELIVERY TRACKING NUMBER EFTA00090482 FROM Edwards Pottinger LLC TO United StatesStates Attorne PACKAGING TYPE FedEx Envelope ORIGIN DESTINATION STANDARD TRANSIT Fri, 10/16/2020 by 4:30pm NUMBER OF PIECES 1 TOTAL SHIPMENT WEIGHT 0.50 LB SERVICE TYPE FedEx Standard Overnight Download the Fed Ex® Mobile app is Get the flexibility you need to create shipments and request to customize your deliveries through the app. ( LEARN MORE ) EFTA00090483 July 07, 2021 Dear Customer, The following is the proof-ofdeivery for backing number 771814211816 Delivery Information: Status: Signed for by: Service type: Special Handing: Delivered FedEx Standard Overnight Delver Weekday Delivered To: Delivery Location: Delivery date: NEW YORK, NY. Oct 16, 2020 10:10 Shipping Information: Tracking number Ship Date: Wei" Oct15,2020 L • t,:e Shi Proof-of-delivery details appear below; however, no signature is available for this FedEx Express shipment because a signature was not required. Thank you for choosing FedEx EFTA00090484 From: To: Cc Subject Date: Attachments: orifirgaga; Brittany Mender= Edwards Pottinger Touhy Requests Thursday, October 15, 2020 5:37:00 PM 7020.10.15 -- Doe Tnnhy Reave4 wjj amace00 n2Q- 0 Doe Toutiv Rrnuestncl( 7020-10-14 VE Touhy Recur:1a 7S20-10-1.1)ne Tnuhv Renuesteg 2O)-10-1 Doe 2 Tautly Reeuest od( Good afternoon. Please see attached from Brad Edwards. Thank you, Maria EDWARDS POTTI NG E R LLC Maria W. Kelljchian EFTA00090485 Florida Office Bradley J. Edwards *0f Seth M. Lehrman st Brittany N. Henderson *0 Matthew D. Weissing EDWARDS POTTINGER LLC 425 North Andrews Avenue Suite 2 Fort Lauderdale, Fl. 33301 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 Yor1 New York 10007 . OV New York Office J. Stanley Pottinger t Adnutud in California 0 Adulated in Ihitriet of Columba • Admitted in Honda t Admitted in New York I Doan; Cavilled Civil 'Emil lainfer Re: ab est for Tangible and Documentary Evidence (Touhy Request) Doe v. Darren K. Indyke, et al., SDNY Case No. 1:19-cv-07772 Victim: Dear Mr. 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.I See United States ex rel. Touhy v. Raga:, 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 nerncary to correct any such shortcomings. Doe Doe was sexually assaulted by prolific pedophile, Jeffrey Epstein, from 2006 through 2013. From the time they met when she was only twenty years old, Epstein sexually abused and I To protect her anonymity, our client, has elected to proceed as a we have referred to her herein using the pseudonym under which she has filed her lawsuit. Doe. As such, EFTA00090486 Page 2 assaulted Doe in the most horrific ways imaginable. Throughout the years of abuse, Epstein 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 tl of minor children. Given the highly relevant nature of this tangible evidence to ' 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: 1) Photographs of Doe; 2) Videos of Doe; 3) Any and all correspondence between Jeffrey Epstein, his agents, employees, medical providers, or attorneys and Doe; 4) An all records of purchases of gifts or anything of value purchased for or sent to Doe; 5) Any and all records showing that a letter or package was sent via U.S. Mail, UPS, FedEx, 1 any other means of shipping from Jeffrey Epstein, his agents, or his employees to Doe; 6) Any and all records of payments made to medical providers on behalf of Doe; 7) Any and all records of payments made to attorneys on behalf of Doe; 8) Any and all records of payments made to accountants on behalf of Doe; 9) Any and all documents referencing Doe residing at 301 East 66th Street, New York; 10) Any and all documents including Doe's true name; 11) Any and all lists including Doe's true name; and 12) 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: (aX1) Whether such disclosure is appropriate under the rules of procedure governing the case or mater in which the demand arose; (aX2) 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. S le establishment of the Epstein Victim Compensation Program that is currently underway, 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 EFTA00090487 Page 3 litigation. The requested information is within the scope of ordinary practice and does not seek disclosure of information prohibited by statute or regulation. Furthermore, this request does not seek inforitint 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 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 EFTA00090488 From: To: Cc: EcC Subject Dab: Attachmentm lirsollatords &lianaleadasga MadaSadecial RE: Edwards Pottinger Touhy Requests Wednesday, 0ctoh& 21, 2020 6:15:00 PM ZQZQ•10.21 VF Taub,/ PeriheliaIf Good afternoon. Please see attached from Brad Edwards. Thank you, Maria EDWARDS POTTINGER LLC Maria W. Kelljchian EFTA00090489