EFTA00129020.pdf

JPMorgan: V.I. trying to block release of embarrassing Epstein does By SUZANNE CARLSON Daily News Staff ST. THOMAS — The V.I. gover- ment is refusing to disclose certain public records, according to a new filing by an attorney •npresenting JPMorgan Chase bank. who says the records are not confidential, but are embarrassing to gov- ernment officials who dealt with Jeffrey Epstein. The bank is euntraly defending against a lawsuit by the VI. government,' which claims that employees kept Ep- stein on as a client despite his suspicious cash transactions, and naxlia reports that he had been sexually abusing underage girls. The bank% lawyers have fired back with claims that VI. government o0lcials were aware of Epstein% activities, but failed to hold him accountable for the 20 years he lived in the territory before his August 2019 suicide while awaiting trial on new charges. On Monday, attorney Linda Singer fled a memorandum on behalf of the V.I. government that included exhibits with partially redacted entails and com- munications between bank officials, dis- cussing how to manage the fallout from Epstein's criminal activity, and whether to keep him on as a client lie bank's lawyers have been try- ing to file similar exhibits publicly since May 23, but are currently blocked by the government% confidentiality claims, ac- cording to a letter from JPNIagan Chase attorney Felecia Ellsworth to Judge Jed Rakoff, which was also filed Monday "Yet, although USVI lacks any basis to maintain confidentiality over the ex- hibits cited in that filing, it has Rinsed to withdraw its confidentiality designations, thereby requiring this Court% interaen- Cal, according to Ellsworth. Ellsworth% next sentence included several redactions, but hinted at the con- tans of the sealed exhibits: 'Specifically, USVI has asserted confidentiality over public records reflecting embarrassing communication [redacted] that reveal the USVI% [rodacted) and its abject ail- um to [redacted]. But avoiding anbar- rasErnent is not a basis to keep taut th- ingssealed!' The Virgin Islands government has long tensed to release many types of records that are commonly considered public in other jurisctictions, such as po- lice incident and arrest reports, death cer- tificates, and law atom:man personnel records showing whether an officer has a history of misconduct. Government officials sometimes ig- nore public records requests or refuse to respond citing Confidentiality provisions in public employee union contracts that arc not codified in law The Virgin Islands Coda lists certain types of documents that are exempt from public disclosure, but the law is permis- sive - meaning government officials could choose to release exempt records that are in the public interest. Government officials typically never release such records, citing the list of ex- emptions as if the taw fully prohibits their disclosure. The government's lack of transparency has been so egregious the Society of Professional Journalists awarded the Mr. gin Islands government the 2015 "Black Hole Award" for its "bald and breath- taking contempt of the public% right to know" That award was given to the admin- istration of former Gov. Kenneth Mapp, but according to Ellsworth, current Gov. ,..Albert Bryan Jr.% administration is using similar tactics to withhold public records related to Epstein. Epstein had close contact with numer- ous government officials during his life- time, including former first lady Cecile deffingh, who worked as Epstein% an- ployee for 20 yeats. VI. Delegate to Congress Stacy Plas- ken acknowledged (Kiang a May 9 depo- sition that she met privately with Epstein several times to solicit campaign contri- butions. Plaskett steed as the V.I. Economic Development Authority attorney from 2007 to 2012 while Bryan was EDA chairman and Epstein, who had already been living in the Virgin Islands for about a decade, was convicted of chikl sex crimes in Florida in 2008. Fpsteiricontinued to receive millions of dollars in tax exemptions from the WA, despite being a known sex of- fader, and Bryan signed off renewal of Epstein's benefit certificate in 2013. Bryan was scheduled to be deposed on June 6, according to a public docket entry, but the transcript from his deposition has not yet been publicly released. Some documents and depositions in the case may never be publicly released as there is a protective order in place to keep victims identities and other sensi- tive information confidential. But Ellsworth argued in Monday's fil- ing that the V.I. government is trying to extend the blanket of secntcy to public mortis that should be released "The documents USVI wk.; to shield from the public view we public records:' produced in response to the bank% docu- ment requests, according to Ellsworth% filing, which contains a fully nxlacted description of the documents' contents. "The USVI duce not identify any ba- sis in the Protective Order for it to des- ignate these materials as confidaitial." according to Ellsworth, who listed sev- eral reasons why the documents could be considered confidential, such as fi- nancial infonnation or 'Materials related to ownership of a non-public company, trade scums, information of an intimate nature:' etc. • Rather than citing the protective order, the VI. genii anon "incorrectly asserts that exhibits must be kept confidential under a U.S. Virgin Islands Stitute related to sex of resit:ration:. Ellsworth wrote. The law lists certain information about convicted sex offenders that must be pub- licly disclosed, "but it does not provide that other government records — for example, communications between" [redacted) "must be kept confidential or arc not otherwise subject to dis- closure in civil litigation?' Ellsworth wrote. Ellsworth cited another section of the V.I. Code, in which "It is hereby declared to be the policy of the Gov- ernment of the Virgin Islands that the public is entitled to the fiillest practicable. information regarding the decision making processes of the government," and gives citizens the right to examine and copy all government records upon roquest, "unless some other provision of the Code expressly limits such right or requites such records to be kept secret or confidential." The law includes a list of records that am manta from the disclosure require- ment, but the statute does not actually prohibit those records from being dis- closed publicly. • The listed nxxxds "shall be kept con- fidential, unless otherwise onitrod by a court, by the lawful custodian of the re- cords, or by another person duly atetho-. fined to reinct information," according to the law. That means goverment officials could choose to release "confidatial" re, cords that are in the public Merest Ellsworth also noted that, "Absent froin that list of fifteen record types is any mention of records related to sex offender neg)stration." Still, the gown/an is insisting that the law doesn't allow any information to be made public that isn't on the list of information that must be included on the sex (Amulet registry welysite. Ellsworth called the argument "dubi- ous,"ghen that the law also includes a list of what information cannot be included on the website. in addition, federal law includes similar exemptions from public records disclosure, and "similarly, none of than apply to the information USVI seeks to shield." The VI. government has also failed to explain why the records must be kept confidential at all, other than to protect individual privacy, Ellsworth wrote. "Yet the only individual discussed in the documents islethey Epstein. It would be strange indeed if USVI now seeks to protect !ditty Epstein, whose mimes form the basis for its lawsuit and who has been dead for almost four years:' she added. - Ellsworth asked the judge to order the V.I. government to allow the bank to refile its May 23 opposition to the gov- ernment's motion to strike the bank's affirmative defenses, "along with ex- hibits redacted only to the extent nec- essary to prevent the disclosure of per- sonal information regarding unrelated individuals." — Contact Suzanne Carlson al 340-714-9122 or email scadron®.... dadynews.vi. I EFTA00129020