EFTA00128680.pdf

r • Mermelstein & HorowitzpA attorneys at law Jessica D. Arbour Miami, Florida 33160 vwAv.sexabuseattorney.corn March 12, 2010 VIA PROCESS SERVER Federal Bureau of Investigation North Miami Beach, FL 33169 Re: Jane Does 2-7 v. Jeffrey stein To Whom It May Concern: Enclosed please find federal subpoenas for the sworn statements of several witnesses taken during the investigation of Jeffrey Edward Epstein between approximately 2006 and 2007. The statements we seek are those given to the FBI by our clients, each of whom has brought suit as a Jane Doe in the Southern District of Florida. The statements given to the FBI investigators are directly relevant because the FBI investigation concerned the factual allegations underlying our clients' claims in their lawsuits. It is my understanding that you will also require either a signed waiver from each of the women or a court order to release the information. I will move the court for an Order allowing you to release this information to me. If you need any further information, please do not hesitate to contact me. Thank you. Very truly yours, J ca D. Arbour JDAJ ....46441:3€ Jed,. (pcor-mmlei(loig---6—a,177 EFTA00128680 • AO 888 (Rev. 06/09) Subpoena to Produce Documents, Infoanation, or Object or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida Plaint v. Defendant Civil Action No. 08-CV-80119- Marra (If the action is pending in another district, state where: SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Federal Bureau of Investigation, North Miami Beach, Florida, 33169 dProduction: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Schedule A as attached. Place: Mermelstein & Horowitz. P.A. Miami, FL 33160 Date and Time: 04/02/2010 10:00 am O Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. Place: Date and Time: The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: 1, 10 CLERK OF COURT Signature of Clerk or Deputy Clerk OR Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (trdke of party) PLAINTIFF , who issues or requests this subpoena, are: Stuart Mermelstein Adam Horowitz Jessica Arbour Mermelstein Horowitz, P.A., Miami, FL 33160 EFTA00128681 • • I EFTA00128682 • • AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. 08-CV-80119- Marra PROOF OF SERVICE (This section should not bellied with the court unless required by Fed. It Civ. P. 45.) This subpoena for (name of individual and title, along was received by me on (date) O I served the subpoena by delivering a copy to the named person as follows: on (dove) ; or 0 I returned the subpoena unexecuted because: Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of $ My fees are $ Date: for travel and S for services, for a total of S 0.00 I declare under penalty of perjury that this information is true. Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: EFTA00128683 t • • AO 88B (Rev. 06(09) Subpoena to Produce Documents, Information, or Object or to Permit Inspection of Premises in a Civil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (I) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction— which may include lost earnings and reasonable attorney's fees — on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) Wizen Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 milts to attend trial. (C) Specking Conditions as an Alternative. In the circumstances described in Rule 45(eX3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. (d) Duties in Responding to a Subpoena. (I) Producing Documents or Electronicaloz Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(bX2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial- preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii). EFTA00128684 Schedule A Sworn statements taken during the invest.", of Jeffrey Edward Epstein (IS MM, Palm Beach, FL, DOB: ) from the following: EFTA00128685 RE: Jane Doe 2-7 v. Jeffreytistein • Page 1 of 2 RE: Jane Doe 2-7 v. Jeffrey Epstein (USAFLS) Sent Thursday, June 10, 2010 4:02 PM To: M. I have not received any response from Mertnelstein & Horowitz to my letter. From: (FBI) Sent: Thursda , June 10, 2010 3:55 PM To: (USAFLS) Subject: RE: Jane Doe 2-7 v. Jeffrey Epstein Good afternoon I'm just going through my subpoena file, and was wondering If you ever received a response from Mermelstein & Horowitz to your letter. Please let me know. Thank you. =.= Parale al FBI From: Sent: Tuesday, April 13, 2010 10:34 AM To: Cc: . (USAFLS) Subject: RE: Jane Doe 2-7 v. Jeffrey Epstein (USAFLS) Attached please find a letter I just faxed to plaintiffs' counsel, advising them that no responsive documents exist. I expect them to call back and ask what documents do exist, but we will deal with that when it happens. Thanks for your help. From: M, (FBI) Sent: Tuesda April 13, 2010 7:25 AM To: (USAFLS) Subject: Jane Doe 2-7 v. Jeffrey Epstein Good morning We received some correspondence from Jessica Arbour (Mermelstein & Horowitz, PA) via facsimile this morning. https://www.324mail.com/owanae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4eTp5Q... 6/10/2010 EFTA00128686 RE: Jane Doe 2-7 v. Jeffrelintein • Page 2 of 2 I will fax it to you in the next couple of minutes. I hope SA Richards reached out to you as requested. Please let • me know if you need anything from us. iT na. Parale al, FBI https://www.324mail.conilowa/?ae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4cTp5Q... 6/10/2010 EFTA00128687 Case 9:08-Cv-80119-KAPDocument 526 Entered on FLSD ti cket 04/12/2010 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFFS JANE DOE NOS. 2-7'S REPLY IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF PLAINTIFFS' SWORN STATEMENTS TO FBI INVESTIGATORS Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Reply in Support of Plaintiffs' Motion to Compel Production of Plaintiffs' Sworn Statements to FBI Investigators (DE 489), and state as follows: 1. Plaintiffs seek an Order from this Court compelling the FBI to comply with a subpoena duces tecum for their sworn statements given to FBI investigators during the FBI's investigation of Defendant Epstein. The FBI, which has received notice of this Motion, filed no opposition, but instead instructed Plaintiffs' undersigned counsel that such an Order is necessary to comply with the Privacy Act (5 U.S.C. § 552a). Nevertheless, Defendant Epstein objects on the basis that the subpoena does not comply with internal operating procedures of the FBI and Department of Justice set forth in federal regulations. 1 1e-cite Wick% EFTA00128688 Case 9:08-cv-8011S-KAPDocument 526 Entered on FLSD 11Pcket 04/12/2010 Page 2 of 5 2. Initially, Defendant Epstein has no standing to raise objections to a subpoena directed to nonparty FBI. "A party has standing to object to a subpoena directed at a nonparty when the party claims a 'personal right or privilege' regarding the documents sought " Chaikin v. Fidelity and Guaranty Life Ins. Co. 2003 WL 22715826 (N.D. Ill. 2003) (emphasis supplied). Defendant Epstein does not claim any personal right or privilege regarding the documents sought, nor could he. 3. In any event, on March 12, 2010, Plaintiff's undersigned counsel conferred with an FBI representative who instructed her as to the proper procedure for obtaining the Plaintiffs' statements. See Affidavit of Jessica Arbour, Esq., attached as Exhibit "1." In accordance with those instructions, Plaintiffs' counsel served a subpoena on the Records Custodian of the FBI that same day. 4. Plaintiffs counsel received a letter from the General Counsel of the FBI confirming receipt of the subpoena and that the FBI would produce the requested information when either a signed authorization from each Plaintiff was received or an Order of this Court was received. That letter is attached as Exhibit "2." 5. In accordance with the FBI's verbal and written instructions, Plaintiffs moved this Court for an Order to comply with the Privacy Act on March 17, 2010. 6. Plaintiffs have a right to the sworn statements they gave to the FBI investigators, and Defendant Epstein only seeks to delay them from receiving the statements, all of which are relevant and material to these cases. WHEREFORE, Plaintiffs Jane Doe Nos. 2-7 respectfully request that this Court grant Plaintiffs' Motion to Compel Production of Jane Doe Nos. 2-7's Sworn Statements to FBI Investigators (DE 489). EFTA00128689 •• Case 9:08-cv-80119-KAPDocument 526 Entered on FLSD tket 04/12/2010 Page 3 of 5 Respectfully submitted, By: /s/ Jessica D. Arbour 3 Smart S. Mermelstein (FL Bar No. 947245) ssm(Thscxabuscattorney.com Adam D. Horowitz (FL Bar No. 376980) ahorowitzasexabuseattoniev.corn Jessica D. Arbour (FL Bar No. 67885) iarboura,sexabuseattomey.com MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: Fax: EFTA00128690 Case 9:08-cv-80119-KAPDocument 526 Entered on FLSD tket 04/12/2010 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on April 12, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Jessica D. Arbour 4 EFTA00128691 Case 9:08-cv180119-KAPDocument 526 Entered on FLSD !Let 04/12/2010 Page 5 of 5 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. jgoldbergerfaagwoa.com Robert D. Critton, Esq. rcrittonebelclaw.com Bradley James Edwards brad(a),pathlojustice.com Isidro Manuel Garcia isidrozarciaa,bellsouth.nct Jack Patrick Hill inhesearcvlaw.com Katherine Warthen Ezell KEzellQpodhurst.com Michael James Pike MPike@bciclaw.com Paul G. Cassell cassellp@law.utah.edu Richard Horace Willits lawvenvillitsaaol.com Robert C. Josefsberg riosefsberzanodhurst.com By facsimile and U.S. Mail to: , Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 5 EFTA00128692 Case 9:08-cv-80119-KAIVOILcument 526-1 Entered on FLSD.ocket 04/12/2010 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEM, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, AFFIDAVIT OF JESSICA ARBOUR STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Jessica Arbour deposes and states as follows: 1. My name is Jessica Arbour. I am an attorney at Mermelstein & Horowitz, P.A., the law firm representing Jane Doe Nos. 2-7. 2. On or about March 12, 2010, I spoke with FBI Paralegal Specialist Deborah Moore at the FBI's North Miami Beach office. I informed her that I wanted to get copies of the sworn statements our clients gave to FBI investigators during the federal investigation of Jeffrey Epstein, and that I needed instructions from her as to the proper procedure. 3. Ms. Moore informed me that it was a three-step process: First, I should serve the FBI with a subpoena listing the specific statements I wanted. Second, I should provide them EXHIBIT EFTA00128693 • Case 9:08-cv-80119-KArlicument 526-1 Entered on FLSDfocket 04/12/2010 Page 2 of 2 with a "compliance letter" that stated the reasons I was requesting the information in order to comply with the Privacy Act. Third, I would need to provide either a signed, notarized authorization from each of my clients waiving their rights under the Privacy Act or an Order from this Court ordering the FBI to comply with the subpoena. 4. On March 12, 2010, Plaintiffs served a subpoena duces tecum, attached to the original Motion as Exhibit 1, for our clients' statements. 5. On March 16, 2010, I received a letter from FBI General Counsel confirming that the FBI had received my subpoena and that they would await an Order from this Court or the signed authorizations from each of the Plaintiffs before producing the requested documents. I had previously informed him that I would seek an Order from this Court. 6. Given that discovery deadlines are approaching, a Motion was filed with this Court seeking a single Court Order applicable to all of the statements because Plaintiff's counsel believes that is the most efficient and timely means of obtaining the Plaintiffs' statements. FURTHER AFFIANT SAYETH NAUGHT. Dated: April le) — , 2010 BEFORE ME, personally appeared Jessica D. Arbour who after being first duly sworn, deposes and states that he has executed the foregoing Affidavit, and that it is correct to the best of his knowledge and belief. TF T IE FOREGOING INSTRUMENT was sworn to and subscribed before me this . day of 2010. Lisa Rivera . 4: arCommtssiOn 000878095 eti EXPIRES: APR. 12,2013 VratilmONNOTARtm NOTARY PUBLIC, STATE OF FLORIDA 2 EFTA00128694 • Case 9:08-cv-80119-KAM.ocument 526-2 Entered on FLSOllooket 04/12/2010 Page 1 of 3 MAR-16-20/0 ii:09 P.02 U.S. Department of Justice Federal Bureau of Investigation In ReplY, Platte Refer to Pile No. Jessica D. Arbour, Esq. Re: Jane Doe 2-7 v. Jeffrey Epstein Dear Ms. Arbour. 16320 N.W. 2nd Avenue North Miami Beach, Florida 33169 March 16, 2010 Sent Via Facsimile & U.S. We are in receipt of your subpoena and letter dated March 12, 2010. Please be advised that the FBI response to this request is governed by the provisions of Title 28, Code of Federal Regulations (CM), Section 16.21 et seq. and the Privacy Act (Title 5, United States Cod; Section 552a). These regulations specify that no employee of the Department of Justice, past or present, shall in response to a demand, produce or disclose information unless there is compliance with the applicable provisions. The procedure is mandatory and governs state and federal proceedings and has been upheld in the United States Supreme Coutt, See U.S. a rel, Touhv, v. Ram 340 U.S. 462 (1951). In addition, the Privacy Act (Title 5, U.S.C., Section 552O), prohibits the release of agency records pertaining to an individual, or information from those records, for a non-law enforcement purpose. The FBI may not disclose this information without the notarized written consent of each, record subject, or an order from a court of competent jurisdiction authorizing its disclosure by the FBI. In the absence of either the notarized consent of the record subject, or an appropriate court order authorizing disclosure, we are statutorily prohibited front releasing any information to you. As you noted in your letter you will seek a court order allowing for the release of the records requested. Once the Privacy Act Order is issued, please provide a copy of the order along with a letter complying with the Code of Federal Regulations directed to Chief Division Counsel Frank Navas at the above address. In accordance with the above cited law and regulations, we must receive the notarized consent or Privacy Act Order before any documents may be released to you. EXHIBIT EFTA00128695 • Case 9:08-cv-80119-KAM ocument 526-2 Entered on FLSDicket 04/12/2010 Page 2 of 3 MAR-16-2010 11:09 P.03 ate. require further assistance, please contact Paralegal Specialist Very Truly Yours, JOHN V. GLUES Spezia gent in Charge B . FRANK NAVAS Chief Division Counsel 2 TOTAL P.03 EFTA00128696 • • • Case 9:08-cv-80119-KAM.ocument 526-2 AR-16-2010 11:09 FD-448 Revised 10-27-2004 Entered on FLSD.cket 04/12/2010 Page 3 o01f 3 P. FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE r immediate fri Priority C Routine CLASSIFICATION r Top Secret r Secret Confidential 47 Sensitive Unclassified TO Name of Office: Mennalsteln & Morowitz PA Attn: Jessica D. Arbour, Esq. Facsimile Number. Date: 03/16/2010 Tele hone N m r Room: FROM Name of Office: FBI Miami, Chief Division Counsel Originators Name: PIS Deyanira Approved: FN Originator's Telephone Number: (305) 787-6727 1 Number of Pages: (Inchiding cover) 3 Originators Facsimile Number: (305) 787-6124 DETAILS Subject: Jane Does 2-7 v. Jeffrey Epstein Special mandling Instructions: Please review and provide CM compliance letter & Privacy Act Order to Chief Division Counsel Frank Navas. Brief Description of Communication Faxed: WARNING Information attached to the cover Sheet is U.S. Government Property. If you are not the intended redolent of this information disclosure, reproduction, distribution, or use of this Information Is prohibited (28.LISC. § 641). Please notify the originator or local FBI Office Immediately to arrange for proper disposition, F0-448 (Revised 10-27-20041 EFTA00128697 MERMELSTEIN & HOROWITZ, P.A. ATTORNEYS AT LAW MIAMI. FLORIDA 33160.2146 ©PENED & IN§Fileito iAPR 14 20.d Vie ).;)„ • "" Chief Division Counsel Federal Bureau of Investigations North Miami Beac , 69 n ,a35SPOzt ob' Z 4 4,e- re -4=if=v =raw •••==ms PITNEY BOWES 02 1P $ 000.61° 1..1 0003952374 APR 12 2010 MAILED FROM ZIP CODE 33160 . L-1 • -.I•i3169S-OVDEI COO? le • r eiNarrier.7. EFTA00128698 RE: Jane Doe 2-7 v. Jeffreastein Page 1 of 1 RE: Jane Doe 2-7 v. Jeffrey Epstein (USAFLS) ( ] Sent: To: Cc: (USAFLS) Attachments: arbour_fbi_subpoena.pdf (41 KB) Tuesday, April 13, 2010 10:34 AM Attached please find a letter I just faxed to plaintiffs' counsel, advising them that no responsive documents exist. I expect them to call back and ask what documents do exist, but we will deal with that when it happens. Thanks for your help. From: (FBI) Sent: Tuesda , April 13, 2010 7:25 AM To: (USAFLS) Subject: Jane Doe 2-7 v. Jeffrey Epstein Good morning We received some correspondence from Jessica Arbour (Mermelstein & Horowitz, PA) via facsimile this morning. I will fax it to you in the next couple of minutes. I hope SA Richards reached out to you as requested. Please let me know if you need anything from us. Thank you. MEM Parale al FBI https://www.324mai1.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4cTp5Q... 4/14/2010 EFTA00128699 U.S. Department of Justice United States Attorney Southern District of Florida 99N& 4 Street Miami, FL 33132 (305)961-9000 VIA FACSIMILE AND REGULAR MAIL April 13, 2010 Jessica D. Arbour, Esq. Mermelstein & Horowitz. P.A. Miami, Florida 33160 RE: Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-80119-C1V-MARRA/JOHNSON Subpoena to Federal Bureau of Investigation (FBI) Dear Ms. Arbour: The subpoena served by plaintiffs upon the FBI has been referred to the U.S. Attorney's Office and assigned to me. The subpoena seeks sworn statements taken during the investigation ofJeffre Edward Epstein , Palm Beach, FL DOB 01/20/53) from the following: I have contacted one of the FBI Special Agents who handled the investigation into Jeffrey Epstein. He advises me that no sworn statements were taken from any of the six individuals listed in th you need a declaration to that effect, please let me know. I can be reached at Thank you. Sincerely, JEFFREY H. SLOMAN UNITED STATES ATTORNEY By: Assistant U.S. Attorney EFTA00128700 I FD-448 Revised '10-27-2004 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE 00; Immediate C Priority C Routine CLASSIFICATION C Top Secret C Secret r Confidential a) Sensitive C Unclassified TO Name of Office: U.S. Attorney's Office - Miami Attn: AUSA Room: Date: 04/14/2009 Tele hone Number: FROM Name of Office: FBI Miami, Chief Division Counsel Originators Name: PLS Number of Pages: (Including cover) 11 Originator's Telephone Number: umber: Approved: FN DETAILS Subject: Jane Doe No. 2 vs. Jeffrey Epstein Special Handling Instructions: Brief Description of Communication Faxed: Reply in Support of Motion to Compel Production of Sworn Statements WARNING Information attached to the cover sheet Is U.S. Government Property. If you are not the intended recipient of this Information disclosure, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128701 A \ -.4 *C10101O040/0KA13010f CA** -IND. SNIT L- 3440iactosocomok** DATE APR- 10 *Sof:** TIME 09:21 *:40logna DATE/TIME = APR-13-2010 09:19 JOURNAL No. = 25 COMM. RESULT = OK PAGE(S) = 012 DURATION = 00:01:15 FILE No. 724 MODE = MEMORY TRANSMISSION DESTINATION = 93055307139 RECEIVED ID = SUITE 300 / 3055307139 RESOLUTION = STD t000********SOWOOKYOMOSe******4000* — — tiolotc0=0* EFTA00128702 305-9312200 Herman &Mermels, ai :34:29 p.m. 12-04-2010 1 111 • MERMELSTEIN & HOROWITZ PA ATTORNEYS AT LAW FAX TRANSMITTAL Adam D. Horowitz Tel Fax ahorowitz@sexabuseattomey.com Miami, Florida 33160 vwsexabuseadorney.com FROM DATE NO. OF PAGES Jessica Arbour, Esq. February 17, 2010 11 TO COMPANY FAX NUMBER , Esq. Federal Bureau of Investigations MESSAGE RE: Jane Doe 2-7 v. Jeffrey Epstein Please see attached Reply in Support of Motion to Compel Production of Jane Does Nos. 2-7's Sworn Statements to FBI Investigators and Incorporated Memorandum of Law. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN-INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT PROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPWYBE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. EFTA00128703 , 305-9312200 Herman Wermele 34:39p.m. 12-04-2010 2/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 1 of 5 • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFFS JANE DOE NOS. 2-7'S REPLY IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF PLAINTIFFS' SWORN STATEMENTS TO FBI INVESTIGATORS Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Reply in Support of Plaintiffs' Motion to Compel Production of Plaintiffs' Sworn Statements to FBI Investigators (DE 489), and state as follows: 1. Plaintiffs seek an Order from this Court compelling the FBI to comply with a subpoena duces tecum for their sworn statements given to FBI investigators during the FBI's investigation of Defendant Epstein. The FBI, which has received notice of this Motion, filed no opposition, but instead instructed Plaintiffs' undersigned counsel that such an Order is necessary to comply with the Privacy Act (5 U.S.C. § 552a). Nevertheless, Defendant Epstein objects on the basis that the subpoena does not comply with internal operating procedures of the FBI and Department of Justice set forth in federal regulations. 1 EFTA00128704 305-9312200 Herman &Mermellip 034:50 p.m. 12-04-2010 3/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 2 of 5 2. Initially, Defendant Epstein has no standing to raise objections to a subpoena directed to nonparty FBI. "A party has standing to object to a subpoena directed at a nonparty when the party claims a 'personal right or privilege' regarding the documents sought." Chaikin v. Fidelity and Guaranty Life Ins. Co. 2003 WL 22715826 (N.D. III. 2003) (emphasis supplied). Defendant Epstein does not claim any personal right or privilege regarding the documents sought, nor could he. 3. In any event, on March 12, 2010, Plaintiffs undersigned counsel conferred with an FBI representative who instructed her as to the proper procedure for obtaining the Plaintiffs' statements. See Affidavit of Jessica Arbour, Esq., attached as Exhibit "1." In accordance with those instructions, Plaintiffs' counsel served a subpoena on the Records Custodian of the FBI that same day. 4. Plaintiffs counsel received a letter from the General Counsel of the FBI confirming receipt of the subpoena and that the FBI would produce the requested information when either a signed authorization from each Plaintiff was received or an Order of this Court was received. That letter is attached as Exhibit "2." 5. In accordance with the FBI's verbal and written instructions, Plaintiffs moved this Court for an Order to comply with the Privacy Act on March 17, 2010. 6. Plaintiffs have a right to the sworn statements they gave to the FBI investigators, and Defendant Epstein only seeks to delay them from receiving the statements, all of which are relevant and material to these cases. WHEREFORE, Plaintiffs Jane Doe Nos. 2-7 respectfully request that this Court grant Plaintiffs' Motion to Compel Production of Jane Doe Nos. 2-7's Sworn Statements to FBI Investigators (DE 489). 2 EFTA00128705 305-93,12200 Herman &Mermel 035:03 p.m. 12-04-2010 4/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 3 of 5 Respectfully submitted, By: /s/Jessica D. Arbour Stuart S. Mermeistein (FL Bar No. 947245) ssmfasexabuscattorney.com Adam D. Horowitz (FL Bar No. 376980) aliorowitz@sezabuseattomey.com Jessica D. Arbour (FL Bar No. 67885) iarbour ezabuseattomev.com MERMELSTEIN & HOROWITZ, P.A. Attorneys or Patna s Miami, Florida 33160 Tel: Fax: 3 EFTA00128706 305-93;12200 Herman &Mermel 4 135:09 p.m. 12-04-2010 5111 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on April 12, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Jessica D. Arbour 4 EFTA00128707 305-9312200 Herman &Mermel 435:16 p.m. 12-04-2010 6/11 Case 9:08-cv-80119-KAM Document 526 Entered on FLSD Docket 04/12/2010 Page 5 of 5 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. izoldberzerf&agwpa.com Robert D. Critton, Esq. rcrittonabelclaw.com Bradley James Edwards bradlthath tojustice.com Isidro Manuel Garcia isidrogarcia@bellsouth.net Jack Patrick Hill jolasearcvlaw.com Katherine Warthen Ezell KEzellebodhurst,com Michael James Pike MPikeabc1claw.com Paul G. Cassell casselhalaw.utaltedu Richard Horace Willits lawyerwillitsQaol.com Robert C. Josefsberg rjosefsberrdffinodhurst.com By facsimile and U.S. Mail to: a, Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 5 EFTA00128708 305-9312200 Herman &Mermel 035:24 p.m. 12-04-2010 7/11 Case 9:08-cv-80119-KAM Document 526-1 Entered on FL.SD Docket 04/12/2010 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JORNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, AFFIDAVIT OF JESSICA ARBOUR STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Jessica Arbour deposes and states as follows: 1. My name is Jessica Arbour. I am an attorney at Mermelstein & Horowitz, P.A., the law firm representing Jane Doe Nos. 2-7. 2. On or about March 12, 2010, I spoke with FBI Paralegal Specialist Deborah Moore at the FBI's North Miami Beach office. I informed her that I wanted to get copies of the sworn statements our clients gave to FBI investigators during the federal investigation of Jeffrey Epstein, and that I needed instructions from her as to the proper procedure. 3. Ms. Moore informed me that it was a three-step process: First, I should serve the FBI with a subpoena listing the specific statements I wanted. Second, I should provide them EXHIBIT EFTA00128709 Herman &Mermellip 4135:34 p.m. 12-04-2010 8 /11 Case 9:08-cv-80119-KAM Document 526-1 Entered on FLSD Docket 04/12/2010 Page 2 of 2 with a "compliance letter" that stated the reasons I was requesting the information in order to comply with the Privacy Act. Third, I would need to provide either a signed, notarized authorization from each of my clients waiving their rights under the Privacy Act or an Order from this Court ordering the FBI to comply with the subpoena. 4. On March 12, 2010, Plaintiffs served a subpoena duces tecum, attached to the original Motion as Exhibit 1, for our clients' statements. 5. On March 16, 2010, I received a letter from FBI General Counsel confirming that the FBI had received my subpoena and that they would await an Order from this Court or the signed authorizations from each of the Plaintiffs before producing the requested documents. I had previously informed him that I would seek an Order from this Court. 6. Given that discovery deadlines are approaching, a Motion was filed with this Court seeking a single Court Order applicable to all of the statements because Plaintiff's counsel believes that is the most efficient and timely means of obtaining the Plaintiffs' statements. FURTHER AFFIANT SAYETH NAUGHT. Dated: April , 20I0 BEFORE ME, personally appeared Jessica D. Arbour who after being first duly sworn, deposes and states that he has executed the foregoing Affidavit, and that it is correct to the best of his knowledge and belief. THE FOREGOING INSTRUMENT was sworn to and subscribed before me this la day of apa , 2010. 47p, Lisa Rivera ite:1romv.asioxsce878095 /IMAM ADR.11,2013 •• WNWAARONNOTARtcca NOTARY PUBLIC, STATE OF FLORIDA 2 EFTA00128710 ty 305-9312200 Herman &Merme • Case 9:08-cv-80119-KAM Document 526-2 tlast-is-z0te it:69 r 411 35:47 p.m. 12-04-2010 Entered on FLSD Docket 04/12/2010 Page 1 o02f 3 P. U.S. Department of Justice Federal Bureau of Investigation 9/11 Reply, Nene litter to Pile 14o. Jessica D. Arbour. Esq. Re: Jane Doe 2-7 v. Jeffrey Epstein Dear Ms. Arbour: 16320 N.W. 2nd Avenue North Miami Beach, Florida 33169 March 16, 2010 Sent Ka Facsimile if US. Mail We are in receipt of your subpoena and letter dated March 12, 2010. Please be advised that the FBI response to this request is governed by the provisions of Title 28, Code of Federal Regulations (CFR). Section 16.21 et sea. and the Privacy Act (Title 5, United States Code, Section 552a). These regulations specify that no employee of the Department of Justice, past or present, shall in response to a demand, produce or disclose information unless there is compliance with the applicable provisions. The procedure is mandatory and governs state and federal proceedings and has been upheld in the United States Supreme Court, See U.S. ex rel, Iouhv v. gaze% 340 U.S. 462 (1951). In addition, the Privacy Act (Title S, U.S.C., Section 552a(b), prohibits the release of agency records pertaining to an individual, or information from those records, for a non-law enforcement purpose. The FBI may not disclose this information without the notarized written consent of tub record subject, or an order from a court of competent jurisdiction authorizing its disclosure by the FBI. In the absence of either the notarized consent of the record subject, or an appropriate court order authorizing disclosure, we are statutorily prohibited from releasing any information to you. As you noted in your letter you will seek a court order allowing for the release of the records requested. Once the Privacy Act Order is issued, please provide a copy of the order along with a letter complying with the Code of Federal Regulations directed to Chief Division Counsel Frank Navas at the above address. In accordance with the above cited law and regulations, we must receive the notarized consent or Privacy Act Order before any documents may be released to you. EXHIBIT 1 a EFTA00128711 30S-9312200 ip p Herman &Mermeli 36:03 p.m. 12-04-2010 10/11 • Case 9:06-cv-80119-KAM Document 526-2 Entered on FLSD Docket 04/12/2010 Page 2 of 3 MPR-16-2010 11:09 P.03 at require farther assistance, please contact Paralegal Specialist 2 Very Truly Yours, JOHN V. GILLIBS Specza gent in Charge B • PRANK NAVAS ChiefDivision Counsel TOTAL P.03 EFTA00128712 305-012200 lip Herman &Memel Case 9:08-cv-80119-KAM RAR-16 -2010 11:09 FD-448 Revised 10.27.2004 Document 526-2 /1136: 08 p.m. 12-04-2010 Entered on FLSD Docket 04/12/2010 Page 3P. 0 of 3 1 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET 11 111 PRECEDENCE r Immediate Priority C Routine CLASSIFICATION P Top Secret r secret t•-• Confidential a Sensitive C Unclaosified TO Name of Office: Mermelstein & Horowitz PA Attn: Jessica D. Arbour, Esq. Factsina Date: (305) 931-0877 03/16/2010 Room: Telephone Number: (305) 931-2200 FROM Nemo or Office: FBI Miami, Chief Division Counsel Originators Name: PLS Deyanira Aponte Approved: FA, Number of Pages: (Inciuding cover) 3 Originator's Facsimee Number: (305) 787-6124_ Originators Telephone Number: (305) 787-6727 DETAILS Subject: Jane Does 2-7 v. Jeffrey Epstein Special Handling Instrations: Please review and provide CFR compliance letter & Privacy Act Order to Chief Division Counsel Frank Navas. Brief Description of Communication Faxed: WARNING Information attached to the cover sheet is U.S. Government Property. Zr you are not the tntended redolent of this information disclosure, reproduction, distribution, or use of this Information is prohibited (le,USC. g 641). Please notify the originator or local FRI Office Immediately to arrange for proper disposition. FD-448 (Revised 10.27-2004) EFTA00128713 Jane Doe 2-7 v. Jeffrey Epip Page 1 of 1 Jane Doe 2-7 v. Jeffrey Epstein Sent: Thursday, march 25, 2010 8:35 AM To: (USAFLS) Cc: Good morning Hope all is going well. I just wanted to let you know that I will be out of the office beginning this afternoon, and will be returning to the office on Monda Aril 12th. If ou need an assistance on the above referenced matter, please contact Paralegal or CDC at Pa.SiSec., FBI https://www.324mail.com/owanae=Item&t=LPM.Note&id=RgAAAAAJ2YReGj4cTp5Q... 3/25/2010 EFTA00128714 Jane Does 2-7 v. Jeffrey Et • Page 1 of 1 Jane Does 2-7 v. Jeffrey Epstein Sent: Monday, March 22, 2010 2:14 PM To: (USAFLS) Cc: Importance: High Good afternoon =, I spoke with CDC S, and he believes the most ap ro riate erson to sign the declaration regarding the FBI not having any sworn statements is the case agent (SA ). If you have any questions, or need any additional information please call me. Thank you for all your assistance. Parale al Sec., FBI https://www.324mail.corn/owanae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4eTp5Q... 3/22/2010 EFTA00128715 JANE DOE NO. 2 vs. JEF•Y EPSTEIN Page 1 of 1 ' JANE DOE NO. 2 vs. JEFFREY EPSTEIN Sent: Friday, March 19, 2010 11:25 AM To: (USAFLS) Good morning U, I just received a copy of an order granting the plaintiffs motion to compel the FBI to produce sworn statements on the above referenced case. I faxed a copy over to your office. Please call me on Monday when you return to the office. Have a great weekend. Paralegal S ec., FBI https://www.324mail.coxn/owa/?ae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4cTp5Q... 3/19/2010 EFTA00128716 zct FD-448 Revised 40-27-2004 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE C immediate 0: Priority r. Routine CLASSIFICATION r Top Secret r Secret C Confidential F. Sensitive C Unclassified TO Name of Office: U.S. Attorney's Office - Miami Attn: AUSA Facsimile Number: (305) Date: 03/19/2010 Room: Telephone Number: (305) 961-9320 FROM Name of Office: FBI Miami, Chief Division Counsel Originator's Name: PLS Originator's Telephone Number: Approved: FN Number of Pages: (including cover) 10 Originator's Facsimile Number: DETAILS Subject: JANE DOE NO. 2 vs. JEFFREY EPSTEIN Special Handling Instructions: Please call me when you receive this. Thank you. Brief Description of Communication Faxed: Order (Motion to Compel Production of Jane Doe Nos. 2-7's Sworn Statements to FBI Investigators) WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this information disclosure, reproduction, distribution, or use of this information Is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128717 )91 IP **oommoolamf*** -IND. XMT OVRNAL- ***olcoolaololomnme* DATE MARIP2010 ***** TIME 10:42 **atom*** DATE/T1ME = MAR-19-2010 10:35 JOURNAL No. = 33 COMM. RESULT = OK PAGE(S) = 010 DURATION = 00:02:27 FILE No. - 632 MODE = MEMORY TRANSMISSION DESTINATION = 93055364101 RECEIVED ID = / RESOLUTION = STD *OcCOCiolcioloKOK*401O310OO************g** - - ***** - - ********* EFTA00128718 • • Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFF JANE DOE NOS. 2-7'S MOTION TO COMPEL PRODUCTION OF JANE DOE NOS. 2-7'S SWORN STATEMENTS TO FBI INVESTIGATORS AND INCORPORATED MEMORANDUM OF LAW Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Motion to Compel Production of Jane Doe Nos. 2-7's Sworn Statements to FBI Investigators and Incorporated Memorandum of Law, and state as follows: 1. These lawsuits arise from the alleged childhood sexual battery of Jane Doe Nos. 2-7 by Jeffrey Epstein ("Epstein"). 2. Prior to the filing of the Plaintiffs' lawsuits, Epstein was investigated by the Federal Bureau of Investigation (FBI). During the course of the FBI's investigation, some or all of Jane Doe Nos. 2-7 were interviewed by FBI agents and asked to provide sworn statements about their sexual abuse by Jeffrey Epstein, the same abuse underlying ect-re ally/to tz, EFTA00128719 • • Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 2 of 4 • the factual allegations in the lawsuits now in front of this Court. 3. Pursuant to FBI protocol and the Federal Privacy Act, 5 U.S.C. § 552a(b), Plaintiffs undersigned counsel has served a subpoena on the Records Custodian of the FBI's Miami office requesting the sworn statements of Jane Doe Nos. 2-7 given to FBI agents during their criminal investigation of Jeffrey Epstein. See Exhibit "A." 4. The FBI informed Plaintiffs' counsel that it requires further authorization in order to release the Plaintiffs' own sworn statements pursuant to the Federal Privacy Act. Counsel for the FBI has advised that an Order from this Court authorizing the FBI to release the requested statements would be sufficient. See 5 U.S.C. § 552a (6)(11). A proposed Order authorizing the FBI to release the subpoenaed statements is attached as Exhibit "B." 5. The requested statements are directly relevant and germane to the factual allegations underlying the Plaintiffs' lawsuits and seemingly cannot be obtained by the Plaintiffs in any other way. Upon information and belief, the Defendant is already in possession of these documents. 6. Plaintiffs' counsel has conferred with counsel for the Defendant who advised that Defendant opposes the relief requested. WHEREFORE, Plaintiffs, Jane Does Nos. 2-7, respectfully request an Order directing the Federal Bureau of Investigation to release any sworn statements of Jane Doe Nos. 2-7 given to the FBI during the criminal investigation of Jeffrey Epstein and any materials responsive to the subpoena served upon the FBI. 2 EFTA00128720 • • Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 3 of 4 • Certificate Pursuant to S.D.FIa.L.R. 7.1(A)(3) Undersigned counsel has conferred with Defendant's counsel in a good faith effort to resolve the issues raised in this Motion, and has been unable to do so. Dated: March 17, 2010 Respectfully submitted, By: s/ Adam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) ssng Adam D. Horowitz (FL Bar No. 376980) ahorowitz@sexabuseattornev.com Jessica D. Arbour (FL Bar No. 67885) jarbour@sexabuseattornev.com MERMELSTEIN & HOROWITZ, P.A. Attorneys for Plainti s Miami, Florida 33160 Tel: Fax: CERTIFICATE OF SERVICE I hereby certify that on March 17, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Adam D. Horowitz 3 EFTA00128721 ' • 41, Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 4 of 4 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. ieoldberger®aewpa.com Robert D. Critton, Esq. rcritton@bc1claw.com Bradley James Edwards bedwardsOrra-law.com Isidro Manuel Garcia isidrogarciaObellsouth.net Jack Patrick Hill ialasearcvlaw.com Katherine Warthen Ezell KEzellepodhurst.com Michael James Pike MPike@bciclaw.com Paul G. Cassell casselln@law.utah.edu Richard Horace Willits lawverwillits@aol.corn Robert C. Josefsberg tiosefsbere@nodhurstcom By facsimile and U.S. Mail to: Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 4 EFTA00128722 • Case 9:08-cv-80119-KAM Document 489-1 Entered on FLS411 D Docket 03/17/2010 Page 1 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises k a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida Plaintiff v. Defendant Civil Action No. 08-CV-80119- Main Of the action is pending in another district, state where: SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Records Custodian, Federal Bureau of Investigation, Florida, 33169 Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Schedule A as attached. North Miami Beach, Place: Mermelstein & Horowitz. PA Miami, FL 33160 Date and Time: 04/02/2010 10:00 am O Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. Place: Date and Time: The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: gip ro CLERK OF COURT OR Signature of Clerk or Deputy Clerk r I Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (name of parry) PLAINTIFF , who issues or requests this sub ocna arc: Stuart Mermelstein tz, Jessica Arbour, Mermelstein & Horowitz, P.A., Miami, FL 33160, jarbour@sexabuseattorney.com. EXHIBIT 1 A EFTA00128723 • • Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 2 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documeots, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. 08-CV-80119- Marra PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) its subpoena foi (name of individual and title, if any) was received by me on (date) O I served the subpoena by delivering a copy to the named person as follows: on (date) ; or O I returned the subpoena unexecuted because: Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of S My fees are $ Date: for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. 0.00 Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: EFTA00128724 • S Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 3 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises ins Civil Aedon(Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction — which may include lost earnings and reasonable attorney's fees — on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (I) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (H) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (II) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person — except that, subject to Rule 45(cX3)(BXiii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (fil) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (f) disclosing a trade secret or other confidential research, development, or commercial information; (ft) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (ill) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial. (C)Specifring Conditions as on Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically .stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (II) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial- preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 4S(c)(3)(A)(ii). EFTA00128725 ' ' • IIIIP Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 4 of 4 Schedule A Sworn statements taken during the investi ation of Jeffrey Edward Epstein (= =111, Palm Beach, FL, DOB: ) from the following: (DOB: 2/29/1988) (DOB: 3/5/1988) (DOB: 6/6/1987) (DOB: 10/23/1986) (DOB: 9/30/1990) (DOB: 06/30/1987) EFTA00128726 I F ql. 0 Case 9:08-cv-80119-KA Document 489-2 Entered on FLSD Docket 03/17/2010 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRAJJOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-8038 I, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, ORDER Upon Plaintiffs' Motion to Compel Production of Jane Doe Nos. 2-7's Sworn Statements to FBI Investigators, and good cause being shown, it is hereby ORDERED that Plaintiffs' Motion is Granted. Pursuant to the Federal Privacy Act, 5 U.S.C. § 552a (6)(11), the Records Custodian of the Federal Bureau of Investigation is ordered to comply with the subpoena dated March 12, 2010 and is directed to produce the sworn statements of Jane Doe Nos. 2-7 taken during its investigation of Jeffrey Epstein within 7 days, and any other materials responsive to the subpoena. DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, this day of > 2010. DISTRICT COURT JUDGE Copies furnished to: Counsel of record EXHIBIT "B" EFTA00128727 ,t • MERIN. ELSTEIN & HOROWITZ, F: A. ATTORNEYS AT LAW MIAMI. FLORIDA 33160.214/3 OPENED P.A INSPECTED MAR 1 B 2015 Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 aat":6926E.-."09 C007 LIMNS esPN 02 1P $ 000.61 ° 0003952374 MAR 17 2010 MAILED FROM ZIP CODE 33160 EFTA00128728 Jane Doe 2-7 vs. Jeffrey Eplin Page 1 of 1 Jane Doe 2-7 vs. Jeffrey Epstein Sent: Wednesday, March 17, 2010 3:01 PM To: (USAFLS) Good afternoon I= I spoke with she made me aware that the above referenced case had been reviously assigned to you. She said she forwarded copies of all the documents that I sent her to AUSA in Fort Lauderdale, and advised me that you will be out of the office until Monday. We agreed that I would contact Maria. After speaking with , she advised me that we did not have any records responsive to the request from Mermelstein & Horowitz, P.A., according to there are no sworn statements from the victims listed on Schedule A of the subpoena. Please call me and let me know if you will be drafting a response to Mermelstein & Horowitz, and if there is anything else that you need from us. Tha n Parale al S ec., FBI https://www.324mail.com/owanae=Itemert=IPM.Note&id=RgAAAAAJ2YReGj4cTp5Q... 3/17/2010 EFTA00128729 FD-448 Revised 10-27-2004 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE C Immediate of Priority C Routine CLASSIFICATION C Top Secret C Secret C Confidential 67: Sensitive C Unclassified TO Name of Office: U.S. Attorney's Office - Miami Attn: AUSA Karen Facsimile Number: (305) Date: 03/17/2010 Room: Telephone Number: FROM Name of Office: FBI Miami, Chief Division Counsel Originator's Name: PLS Originator's Telephone Number: Approved: FN Number of Pages: (including cover) 10 Originator's Facsimile Number: DETAILS Subject: Jane Doe 2-7 v. Jeffrey Epstein Special Handling Instructions: Brief Description of Communication Faxed: Attached is the most recent correspondence that we received today from Mermelstein & Horowitz. WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this information disclosure, reproduction, distribution, or use of this Information Is prohibited (1B.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128730 `a. *******x ****s — I ND. XMT **************** DATE MAR-02010 Nomad* TILE 12:48 **SCIMIC 4OIC DATE/TIME = MAR-17-2010 12:45 JOURNAL No. = 1? COMM. RESULT = OK PAGECS) = 010 DURATION = 00:02:21 FILE No. =616 MODE = MEMORY TRANSMISSION DESTINATION = 93055364101 RECEIVED ID = / RESO_UTION = STD ************************************ - - ********* EFTA00128731 :305-9312,200 Herman &Mermelstal 431:28 p.m. 17-03-2010 1 /9 MERMELSTEIN & HOROWITZ PA ATTORNEYS AT LAW FAX TRANSMITTAL Adam O. Horowitz Tel Fax ahorowitz@sexabusearney.com Miami, Florida 33160 www.Sexabuseattomey.com FROM DATE NO. OF PAGES Lisa Rivera, legal assistant to Adam D. Horowitz, Esq. February 17, 2010 10 TO COMPANY FAX NUMBER , Esq. Federal Bureau of Investigations MESSAGE RE: Jane Doe 2-7 v. Jeffrey Epstein • Please see attached Motion to Compel Production of Jane Does Nos. 2-7's Sworn Statements to FBI Investigators and Incorporated Memorandum of Law. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN_INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. EFTA00128732 ,305-931Z200 Herman &Mermelstig 0 31:38p.m. 17-03-2010 219 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFF JANE DOE NOS. 2-7'S MOTION TO COMPEL PRODUCTION OF JANE DOE NOS. 2-7'S SWORN STATEMENTS TO FBI INVESTIGATORS AND INCORPORATED MEMORANDUM OF LAW Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Motion to Compel Production of Jane Doe Nos. 2-7's Sworn Statements to FBI Investigators and Incorporated Memorandum of Law, and state as follows: I. These lawsuits arise from the alleged childhood sexual battery of Jane Doe Nos. 2-7 by Jeffrey Epstein ("Epstein"). 2. Prior to the filing of the Plaintiffs' lawsuits, Epstein was investigated by the Federal Bureau of Investigation (FBI). During the course of the FBI's investigation, some or all of Jane Doe Nos. 2-7 were interviewed by FBI agents and asked to provide sworn statements about their sexual abuse by Jeffrey Epstein, the same abuse underlying EFTA00128733 ,30S-9312200 Herman &Mermelst .31:48 p.m. 17-03-2010 319 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 2 of 4 the factual allegations in the lawsuits now in front of this Court. 3. Pursuant to FBI protocol and the Federal Privacy Act, 5 U.S.C. § 552a(b), Plaintiff's undersigned counsel has served a subpoena on the Records Custodian of the FBI's Miami office requesting the sworn statements of Jane Doe Nos. 2-7 given to FBI agents during their criminal investigation ofJeffrey Epstein. See Exhibit "A." 4. The FBI informed Plaintiffs' counsel that it requires further authorization in order to release the Plaintiffs' own sworn statements pursuant to the Federal Privacy Act. Counsel for the FBI has advised that an Order from this Court authorizing the FBI to release the requested statements would be sufficient. See 5 U.S.C. § 552a (b)(11). A proposed Order authorizing the FBI to release the subpoenaed statements is attached as Exhibit "B." 5. The requested statements are directly relevant and germane to the factual allegations underlying the Plaintiffs' lawsuits and seemingly cannot be obtained by the Plaintiffs in any other way. Upon information and belief, the Defendant is already in possession of these documents. 6. Plaintiffs' counsel has conferred with counsel for the Defendant who advised that Defendant opposes the relief requested. WHEREFORE, Plaintiffs, Jane Does Nos. 2-7, respectfully request an Order directing the Federal Bureau of Investigation to release any sworn statements ofJane Doe Nos. 2-7 given to the FBI during the criminal investigation of Jeffrey Epstein and any materials responsive to the subpoena served upon the FBI. 2 EFTA00128734 ,303-931poo Herman &Mermels.P 41 32:00 p.m. 17-03-2010 419 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 3 of 4 Certificate Pursuant to S.D.Fla.L.R. 7.1(A)(31 Undersigned counsel has conferred with Defendant's counsel in a good faith effort to resolve the issues raised in this Motion, and has been unable to do so. Dated: March 17, 2010 Respectfully submitted, By: stAdam D. Horowitz Stuart S. Mermelstein (FL Bar No. 947245) ssm@sexabuseattorney.com Adam D. Horowitz (FL Bar No. 376980) ahorowitz@sexabuseattomev.com Jessica D. Arbour (FL Bar No. 67885) iarbour@sexabuseattorney.com MERMELSTEIN & HOROWITZ, P.A. Attorne s or Plainti s Miami, Florida 33160 Tel: Fax: CERTIFICATE OF SERVICE I hereby certify that on Mardi 17, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. 3 /s/ Adam D. Horowitz EFTA00128735 305-931?200 Herman &Mermel, .32:10 p.m. 17-03-2010 519 Case 9:08-cv-80119-KAM Document 489 Entered on FLSD Docket 03/17/2010 Page 4 of 4 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. iaoldberaer®aawva.com Robert D. Critton, Esq. rcritton@bc1claw.com Bradley James Edwards bedwardsQrra-law.com Isidro Manuel Garcia isidroaarciaabellsouth net Jack Patrick Hill inh@searcvlaw.com Katherine Warthen Ezell KEzellapodhurst.com Michael James Pike MPike@bciclaw.com Paul G. Cassell cassellpglaw.utah.cdu Richard Horace Willits lawvcrwillits@aol.com Robert C. Josefsberg riosefsbere@nodhurst.com By facsimile and U.S. Mail to: Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 4 EFTA00128736 .30S-931poo Herman &Merme 32:18 p.m. 17-03-2010 6/9 Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 1 of 4 AO SIB (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of RIVO6SCS in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida Mowry' V. Defendant Civil Action No. 08-CV-80119- Marra (If the action is pending in another district, state where: SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Records Custodian, Federal Bureau of Investigation, Florida, 33169 Id Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Schedule A as attached. North Miami Beach, Place: Mermelsteln & Horowitz P.A. • Miami, FL 33160 Date and Time: 04/02/2010 10:00 am 0 Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. Place: Date and Time: The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, arc attached. Date: CLERIC OF COURT OR Signature of Clerk or Denary Clerk Attorney's signowre The name, address, e-mail, and telephone number of the attorney representing (name of pony) PLAINTIFF , who issues or requests this subpoena, are: Stuart Mennelsteln Ada tz, Jessica Arbour, Mermelstein & Horowitz, P.A., Miami, FL 33160, , jarbour©sexabuseattomey.com. 1 1 EXHIBIT EFTA00128737 ,305-931?200 Herman &Mermelsal 9 0 :32:33 p.m. 17-03-2010 7/9 Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 2 of 4 AO Ben (Rev. 06/09) Subpoena to Produce Documeots, Information, or Object or to Permit Inspection of Premises in a Civil Action (Pace 2) Civil Action No. 08-CV-80119- Marra PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) Its' subpoena foi (name of individual and title. !luny) was received by me on (dote) O I served the subpoena by delivering a copy to the named person as follows: O I returned the subpoena unexecuted because: on (date) ; or Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of S My fees are S Date: for travel and S for services, for a total of S I declare under penalty of perjury that this information is true. 0.00 Server ',signature Printed name and tide Server's address Additional information regarding attempted service, etc: EFTA00128738 .30-9311200 Herman 8iMermelsay • gar32:42 p.m. 17-03-2010 8 /9 MIlir Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 3 of 4 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Infonratiots, or Objects or to Pernik Itupeetion of Premises in a Civil Action(Page )) Federal Rule of Civil Procedure 45 (e), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A patty or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction — which may include lost earnings and reasonable attorney's fees — on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises — or to producing electronically stored information in the font or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (1) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (II) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (I) fails to allow a reasonable time to comply; (II) requires a person who is neither a party nor a parry's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person —except that, subject to Rule 45(e)(3)(B)(ii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: () disclosing a trade secret or other confidential research, development, or commercial information; (i) disclosing an unreuined expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (Iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial. (C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(e)(3)(1t), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (1) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (II) ensures that the subpoenaed person will be reasonably compensated. (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically _stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary count of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Nor Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce k in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Elecrronically Stored Information Produced in Only One Fonts. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2XC). The court may specify conditions for the discovery. (2) Calming Privilege or Protection. (A) Informat ion Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial•preparation material must: (I) expressly make the claim; and (II) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial. preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not Inc or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must present the information until the claim is resolved. (e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(eX3)(A)(i1). EFTA00128739 .30.5-931?200 Herman WermelsOP 0:33:15 p.m. 17-03-2010 9 /9 Case 9:08-cv-80119-KAM Document 489-1 Entered on FLSD Docket 03/17/2010 Page 4 of 4 Schedule A Sworn statements taken during the investigation of Jeffrey Edward Epstein (M Palm Beach, FL, DOB: ) from the following: (DOB: 2/29/1988) (DOB: 3/5/1988) MINIMISI(DOB: 6/6/1987) (DOB: 10/23/1986) a(DOB: 9/30/1990) (DOB: 06/30/1987) EFTA00128740 • • FD-448 Revised '10.27-2804 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE Immediate C Priority C. Routine CLASSIFICATION Top Secret Secret f Confidential 0) Sensitive (7 Unclassified TO Name of Office: U.S. Attorney's Office - Miami Attn: Maritza Arbesu Facsimile Number: Date: 03/16/2010 Room: Telephone Number: FROM Name of Office: FBI Miami, Chief Division Counsel Originator's Name: PLS a Approved: FN Number of Pages: (Including cover) 8 Originator's Facsimile Number: Originator's Telephone Number: (305) DETAILS Subject: Jane Does 2-7 v. Jeffrey Epstein Special Handling Instructions: Please let me know which AUSA will be assigned this matter. Thank you. Brief Description of Communication Faxed: WARNING Information attached to the cover sheet Is U.S. Government Property. If you are not the Intended recipient of this information disclosure, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128741 **400MOMON0100 00k -IND. XMTIPURNAL- **************** DATE MAR-16-2010 ***** TIME 11:13 ******** DATE/TIME = MAR-16-2010 11:10 JOURNAL No. la 10 COMM. RESULT = OK PAGE(S) = 008 DURATION = 00:02:05 FILE No. = 609 MODE = MEMORY TRANSMISSION DESTINATION = 93055364101 RECEIVED ID RESOLUTION = STD ,PK***0O1.14**:***3010O010O3Ocfc**010101:131010104cOs* — — ***** — — **K**** K* EFTA00128742 FD-448 Revised 11.0-2722C04 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET PRECEDENCE C Immediate (In Priority C Routine CLASSIFICATION C Top Secret r Secret r Confidential (I Sensitive C Unclassified Name of Office: Mermelstein & Horowitz PA Facsimile Number: (305) Dee: 03/16/2010 Attn: Jessica D. Arbour, Esq. Room: Telephone Number: FROM Name of Office: FBI Miami, Chief Division Counsel Originator's Name: Pt-S Approved: FN DETAILS Number of Pages: (including cover) 3 Originator's Facsimile Number: Subject: Jane Does 2-7 v. Jeffrey Epstein Special Handling Instructions: Please review and provide CFR compliance letter & Privacy Act Order to Chief Division Counsel Brief Description of Communication Faxed: WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this information disclosure, reproduction, distribution, or use of this Information Is prohibited (18.USC, § 641). Please notify the originator or local FBI Office Immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128743 sh g o m o l o l o m * * * * * * ) + 0 1 ( -IND. XMT TURRAL- *********>K****** DATE MAR-162010 ***** TIME 11: 10 ******** DATE/TIME = MAR-16-2010 11:09 JOURNAL No. = 09 COMM. RESULT = OK PAGECS) = 003 DURATION = 00:00:29 FILE No. = 608 MODE = MEMORY TRANSMISSION DESTINATION = 93059310877 RECEIVED ID = / 305 9312200 RESOLUTION = STD NotoK***0101010101040Cfciolofolcfc*********304K***** — — ***** — — ********* EFTA00128744 • I U.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to File No. Jessica D. Arbour, Esq. ermelstein & Horowi PA Miami, Florida 33160 Re: Jane Doe 2-7 v. Jeffrey Epstein Dear Ms. Arbour: 16320 N.W. 2nd Avenue North Miami Beach, Florida 33169 March 16, 2010 Sent Via Facsimile & U.S. Mail We are in receipt of your subpoena and letter dated March 12, 2010. Please be advised that the FBI response to this request is governed by the provisions of Title 28, Code of Federal Regulations (CFR), Section 16.21 et seq. and the Privacy Act (Title 5, United States Code, Section 552a). These regulations specify that no employee of the Department of Justice, past or present, shall in response to a demand, produce or disclose information unless there is compliance with the applicable provisions. The procedure is mandatory and governs state and federal proceedings and has been upheld in the United States Supreme Court. See U.S. ex rel, Touhy v. Ragen 340 U.S. 462 (1951). In addition, the Privacy Act (Title 5, U.S.C., Section 552a(b), prohibits the release of agency records pertaining to an individual, or information from those records, for a non-law enforcement purpose. The FBI may not disclose this information without the notarized written consent of each record subject, or an order from a court of competent jurisdiction authorizing its disclosure by the F131. In the absence of either the notarized consent of the record subject, or an appropriate court order authorizing disclosure, we are statutorily prohibited from releasing any information to you. As you noted in your letter you will seek a court order allowing for the release of the records requested. Once the Privacy Act Order is issued, please provide a copy of the order along with a letter complying with the Code of Federal Regulations directed to Chief Division Counsel Frank Navas at the above address. In accordance with the above cited law and regulations, we must receive the notarized consent or Privacy Act Order before any documents may be released to you. Li : biscpor4c1O151)kA-o I .tddr-D EFTA00128745 4 Should ou require further assistance, please contact Paralegal Specialist la at Very Truly Yours, ounse EFTA00128746 0 A s It Subpoena Notes Case : Jane Does 2-7 v. Jeffrey Epstein Special Agent: Records Custodian Date of Appearance: April 2, 2010 10:00am Date Comments . 3/15/2010 Received subpoena 3/16/2010 Faxed and mailed letter to requesting attorney Jessica D. Arbour requesting CFR compliance and PAO. Faxed copy of subpoena and CFR letter to USAO. 31 in I ic-_, 0,,-.0 rildi N. t r,„,fici ge Jorn: th-c-6 `AN:, e_nts.i 4- ..ipoic, fit cit • env:of-49 --1-c- .i.- •c- -0.:Q5 Ca-a • a se_u me-TAP ...o.4.--e kted:o_A 1-..ti el -1-4 in a 4,,i-nw Vick tat 4 Hy A II-- apzed -It ••• ioln- 01 veth-fr (-4,4 C a irthth 1 I d --1,0 It encrdt-e) kOtta0a.-t- .o /pi) -as 4 rune 4( '2/At Lf ea €244•0.0 k • • Sewl..0 QQ 4f-ce me,,,,o."-- "A" r L- u -7„,1frIX 1-14 xir- etived255-0— ar mat/ 4 4.../ CA.L.. / 3/4earaAr 4 1.ln- _,a_ a Ato/W Or- I A Lek; --pee 4.?" al' ret.4.....th i 0 a (-lir A'n, -.ghat" Pit a . lie A-6104- aoa,:f rceAD 4.."-Jeo) Ce,-"1-yr,-e 4 rit,in&W ar il/tett' 0 tl .1141-r-- trai- Ai- 46,,E.442h . g-ertadta Lfri,,,y,t, -k e.,,,, ,f,/ t eribscehaw, ., ails* - 42,22:7Ittel A kit-. 0 ..) ‘10"0_2€ 4X-in re Ifetin ction:i cc ,ii c 1 4.-.) rOo , ii- tort- "Ht.'- re, t -nu r _ ,ale &eyrie-A ...A rent-if et- Aurfr 1 hy., w -.-44 a Atte ned , -b--t et we' , - X e Le /ua (dumutd.t. (acutV- "latis,Atinz;) /lystyr ...alike *-74) `46 .ie-,pcaa: b-ma:tedo /test ie c_aac. Mx/ /mot. 44-it ..-1-trocti te tote, Lit rat. iger ete.. EFTA00128747 • 7 4 Subpoena Notes Case : Jane Does 2-7 v. Jeffrey Epstein Special Agent: Records Custodian Date of Appearance: April 2, 2010 A 10:00am Date Comments Shfht, Ab-40 OM t: MA,- Lis rimit o.d an.4.4a,..e.earta- a _ran? vin•-• P,thenurO • piled CistpAy 06 egeizzinia 4teda_ .3412-Po ar-4 4771a.140 AT- ePtat, intnnte..4-14 tk-ed zur a..,Fed va, c1,4 niwnie 7S V-4. tett.. frr..10-71, /40 'nal/ r 74" Mt., / h. --A/tat AI' per .0C<A ae-te eau, neat.. "earl nu/ t n.,- AU/4 a CZ, aaW eta/ a 21/4 5A040" at/ -14 -.at." hA Atia/net,o4-. %,4 02/4 ztr ...unto 00, "9;6 .26,66.4nwn..4‘f9, 4, 4, di.. 2_ 4-Act-L-46. e cfiocrAt, vowzoi- 15r L ek 4, . 1/4-1/9 e.#2,0 7.taa.o him an a 1 e4 abie „..O ~4/^.71L eie.,4 ,,t,„„;„-ef es- >4., dam . 000 4s4.54 #1. n414417 ofkim. .44 Afine,i gei.au “49 72-74t.Y (24- .Amee/c 404/0 x1:flu Ater r_.„2il 4eyeeti `744„,,4,40; kihtinAA. EFTA00128748 • I Subpoena Notes Case : Jane Does 2-7 v. Jeffrey Epstein Special Agent: Records Custodian Date of Appearance: April 2, 2010 0, 10:00am Date Comments irki it Ct.Q lY -inibt tea curt et a -Wit -AIDA- trilettsib, oat- -& tAibeibt 42, '72/ 4,4nutrA.4...- 0,- kel<A— }Arm- -44cea- .0- Ir. 45 ow/ Ay EFTA00128749