EFTA00184197.pdf

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. DECLARATION OF A. MARIE VILLAFARA IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT. 18 U.S.C. 13771 I. I, A. Marie Villafalla, do hereby declare that I am a member in good standing of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt Hall) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. qfp EFTA00184197 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21 %sof 2. I am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses. 3. Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three clients, T.M., C.W., and S.R.' Your A Mantis letter to C.W. was provided by the FBI. (Ex. I ). Your Affiant's letter to T.M. was hand-delivered by myself to T.M. at the time that she was interviewed (Ex. 2).2 Both C.W. and T.M. also received letters from the FBI's Victim- Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). S.R. was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. S.R.'s status as a victim of a federal offense was contained when she was interviewed by 'Attorney Edwards filed his Motion on behalf of "Jane Doe." without identifying which of his clients is the purported victim. Accordingly, I will address facts related to C.W., T.M., and S.R. All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old. 'Please note that the dates on the U.S. Attorney's Office letters to C.W. and T.M. are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted. -2- EFTA00184198 • Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 3 of 21 federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to S.R. on May 30, 2008 (Ex. 5). 4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your Affiant had contact with C.W. and S.R. Attorney Edwards' other client, T.M., was represented by counsel and, accordingly, all contact with T.M. was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.' 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein 'The undersigned does not know when Mr. Edwards began representing T.M. or whether T.M. ever formally terminated Mr. Eisenberg's representation. -3- EFTA00184199 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 4 of 21 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007. 'T.M. was openly hostile to the prosecution of Epstein. The FBI attempted to interview S.R. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was C.W. who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been EFTA00184200 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 5 of 21 notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement. 9. After C.W. had been notified of the terms of the agreement, but before Epstein performed his obligations, C.W. contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent C.W. and several other identified victims. Pro bono counsel was able to assist C.W. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that C.W. was dissatisfied with the resolution of the matter. 10. In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that he represented C.W. and S.R. and asked to meet to provide me with information regarding Epstein. I invited Attorney Edwards to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney Edwards that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney Edwards had alluded to T.M., so I advised him that, to my knowledge, T.M. was still represented by Attorney James Eisenberg. -5- EFTA00184201 • Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 'vow' Na* I I. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Affiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented T.M., and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed your Affiant that lie could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your At fiant provided the attached victim notifications to C.W. and S.R. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to T.M. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of T.M.'s prior statements to law enforcement, your Affiant could not in good faith include T.M. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification of Emergency, Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the allemoon olJuly 7. 2008. after your Afliant had -6- EFTA00184202 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 7 of 21 already received the Certification of Emergency and Emergency Petition, I received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. 1 declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct to the best of my knowledge and belief. Executed this day of July, 2008. -7- EFTA00184203 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07115120( U.S. Department of Justice DELIVERY BY HAND Miss oat al Untied States Attorney Southern District of Florida 500 South Austraban Ave Suite 400 West Palm Beach. FL 3340I (561)820.8211 Facsintile. (561) 820.8777 June 7, 2007 r s-tall.fia Sten K. 1 Re: Crime Victims' and Witnesses' Rights Dear Miss Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights arc: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. It Members of ne U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent Nesbitt Kuyrkendall fionythe Federal Bureau of investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.307-5983. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00184204 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 9 of 21 MISS a JUNE 7, 2007 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent Kuyrkendall or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violatbe law:- However, if you are contacted, you have the choice of speaking to that person or refusing todo go: If you refuse and feel that you are being threatened or harassed, then please 'contact Special Agent Kuyrkendall or myself. You also are entitled to notification of upcoming case events. At this time, your case is under investigation; If anyone is charged in connection with the investigation, you will be notified. Sincerely, R. Alexander Acosta United States Attorney By: cc: Special Agent Nesbitt Kuyrkendall, A. Marie Marie Villafatia Assistant United States Attorney ff EFTA00184205 • Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/20C U.S. Department of Justice United Stales Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm (leach. FL 53401 O6O820-8711 Faesimde: O6O810.8777 August 11, 2006 DELIVERY BY HAND Miss Tea AU - GOVERNMENT EXMOTT CASE NO. OZ-80-36-CV -MA ICO4IIIT 7 NO. Xi Re: Crime Victims' and Witnesses' Rights Dear Miss MIS Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court detenrXnes that your testimony may be materially altered i f you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. Members of the U.S. DepartMent of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights arc protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent Nesbitt Kuyrkendall fron.i, the Federal Bureau of Investigation at 561 822.5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a websitc at vAvw.ovc.gov. You can seek the advice of an attorney with respect to the rights. listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00184206 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 11 of 21 Miss AUGUST I I, 2006 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and from intimidation and harassment. If the Court determines that you are a victim, you J. entitled to restitution from the perpetrator. A list of counseling and medical service pit,. be provided to you, if you so desire. If you or your family is subjected to any inn.' harassment, please contact Special Agent Kuyrkendall or myself immediately. It is p someone working on behalf of the targets of the investigation may contact you. Such c‘.. not violate the law. However, if you arc contacted, you have the choice of speaking to . or refusing to do so. If you refuse and feel that you are being threatened or harassed, de Contact Special Agent Kuyrkendall or myself. You also are entitled to notification of upcoming case events. At this time, your.., investigation. If anyone is charged in connection with the investigation, you will be Sincerely, R. Alexander Acosta United States Attorney By: cc: Special Agent Nesbitt Kuyrkendall, A. Marie Villafatla Assistant United States Attorney EFTA00184207 • Case9:98: cv-80736-KAM Document 14 Entered on FLSD Docket 071J5/,20082.Page-1aot,21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Fleeter Drive West Perm Beach. FL 33401 Phone: (681) 833-7317 Fax (561) 833-7970 January 10, 2::08 air Re: Case Number:49e Dear CONINIVell This case is currently under Investigation. This can be a lengthy process erd we request your continued patience while we conduct a thorough investigation. As a crime victim. you have the following rights under 18 United States Code § 3111: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and timely notice deny public court proceeding. or any parole proceeding. involving the crone or of any release or escape of the accused: (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clay and convincing evidence. determines that testimony by the victim would be materially altered it the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding In the district court Involving release, plea, senteneing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government In the case; (6) The right to hill and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (II) The right to be treated with fairness end with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an Individual for the crime. and it will become the responsibility of the prosecuting Untied States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney wIlh reseed to these rights. The Victim Notification System (VNS) is designed to provide you with direct information PagardIng the case as it proceeds through the criminal Justice system. You may obtain current information about this matter on the Internet et WVVW.Nottfy.USDOJ.GOV or from the VNS Call Center at 1.868-DOJ-4YOU (1-866.365- 4968) (TDDMY: 1-888-228-4819) (International: 1.502-213.2767}. In addition, you may use the CaR Center or Internet to update your canted information and/or change your decision about participation in the notification program. If you update your Information to include a arrant small address, VNS will send information to that address. You wig need the following Vtdim Identification Number (VIM) '1941737' and • Personal Identification Number (PIN) '5502' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) ea currently contained in VNS. The name you should enter is a • • :711 Government' !Min L4t1 • k#: #1 CASt " NO. 08-80736-CV,a4AR EXHIBIT NO. 3 EFTA00184208 Case 9:08-cv-80736-KAM cument 14 Entered on FLSD Docket 07/18/7CR)a-Page -13115f21 •••• It you have additional questions which tnvoNe this matter, please contact the office listed above. When you cat please provide the file nurnber located at the top of this letter. Please remember. your participation in the. notification part of this program is voluntary. in order to, continue to receive notifications. it is your responsibility to keep your contact information current. Sincerely. 41,u; Tyeler Smith Victim Specialist EFTA00184209 • Case 9.08_cv:80736-KAM itUment 14 Entered on FLSD Docket 07/15/2008P-Pager14-of,21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Pain' Beach Suite 500 SOS South Fleeter Drive West Palm Beach, FL 33401 Phone: (581) 833-7517 Fax: (561) 833-7970 January 10.2008 James Eisenberg One Clearlake Center Ste 704 Australian South West Palm Beach. Ft. 33401 Dear James Eisenberg. You have requested to receive notifications for' MIkkelp This case is currently under Investigation. This can be a lengthy process and we request your continued patience wNle we conduct a thorough investigation. Asa crime victim, you have the following rights under 16 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, Involving the alms or of any release or escape of the accused: (3) The right not to be excluded from any such public court proceeding. unless the court• after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding: (5) The reasonable right to confer with the attorney for the Government in the case: (6) The right to full and timely restitution as provided in taw; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness and with reseed for the victIm's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting Untied States Attorney's Office to ensure you are accorded those rights. You may alto seek the advice of a private attorney with respect to these rights. The Victim NottiCatiOn System (VNS) is deigned to provide you with direct Information regarding the case as it proceeds nvotion the criminal justice system. You may obtain current Information about this matter on the Internet at WVV`N.NoUfy.USDOJ.GOV or from the VNS Call Center at 1.886-DOJ.4YOU (1.866.365- 4968) (TDDMY. 1.866.228.4619) (International: 1-502.213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or Change your decision about participation in the notification program. If you update your Information to Include a current emelt address. VNS wet send information to that address. You coil need the following Victim Identification Number (VIN) '1941741' end Personal identification Number (PIN) '7760' anytime you contact the Cali Center and the first time you log onto VNS on the Internet. In addition, the first time you access the VNS Internet site• you vAll be prompted to enter your lot name (or business name) as currently contained in VNS. The name you should enter is Eisenberg. CASE NO. Cd-30736-CV•MAR EFTA00184210 Case 9:08-cv-80736-KAM tument 14 Entered on FLSD Docket 07/48/2008-riflagerthrtia21 %se If you have additional questions whiff Involve this matter, please contact the office listed above. When you call, please prchrlde the me number located at the top of this letter. Please remember, your partiopabon in the notification part of this program Is voluntary. in order to continue to receive notifications. II is your responsibility to keep your contact Information current. Sincerely. ca V,'; tad. Tvnier Smith Victim Specalisl EFTA00184211 Case 9:08-cv:80736-KAM Document 14 Entered on FLSD Doc 1t 07145/200 ...... .--- U.S. Department of Justice Federal Bureau of Investigation FBI • West Palm Beach Suite 500 505 South Fleeter Drive West Palm Beach. FL 33401 Phone: (561) 833-7517 Fax: (561) 833-7970 May 30. 2008 Re: Deer a Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a feoeral crime. We appreciate your assistance and cooperation while we are Investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regarding the status of your case. This case Is currently under investigation. This can be a iengthy process and we request your continued patience while we conduct a thorough investigation. As a came victim, you have the fallowing rights ismer 18 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate. and tknely notice of any public cowl proceeding, or any parish) proceeding, involving the came or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding. unless the court, after receiving dear and con rincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding: (4) The right to be reasonably heard et any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the atbmey for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; mi The right to be treated with fairness end with respect for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it MU become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at www.motity.usow.Gov or from the VN5 Call Center et 1.866-DOJ-4YOU (1,866-365- 4968) (TOD/TTY. 1-866-228-4619) (International: 1-502-2t3.2767). In addition, you may use the Call Center or Internet to update your contact information andfor change your decision about participation in the notification program. if you update your Information to indude a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '2074381' and Personal identification Number (PIN) '1816' anytime you contact the Call Center and the first time you log or to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Is EFTA00184212 • Cave•9.08-cv-80736-KAM Document 14 Entered on FLSD Docket 07145/2908n-PagelPoP21 If you have additional questions which Involve this matter, please contact the office listed above. When you cat• please provide the fee number located at the top of this letter. Please remember, your participation in the notification part of this program ie voluntary. In order to continue to receive notifications, It is your responsibility to keep your contact information current. Sincerely, SI; Trder Smith Victim Specialist <, " TA) .4_...• •' TOTAL P.07 EFTA00184213 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 18 of 21 L.S. Department of !Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 3340! (561)820-8711 Facsimile: (561)820.8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020. Re: Vat NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: minsc GOVERNMENT EXHIBIT CASE Nar8.80 -CV.MARRA EXHIBIT NO. 6 By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, Cala WS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00184214 • Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 19 of 21 BRAD EDWARDS. ESO NOTIFICATION OF IDENTIFIED VICTIM Cana VAMP Jour 9,2008 PAGE 2 or 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the panics to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, th is Office hereby provides Notice that your client, ClimerWill is an individual whom the United States was prepared to name as a victim of an enumerated offense. g. • a t. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take pan in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myselfand Special Agents Kuyrkendall and Richards for the health and well-being of Ms. 'Viat cc: Jack Goldberger, Esq. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY EFTA00184215 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 20 of 21 II.S. Department ofJustiec United Stares Attorney Southern District of Florida /oleo GOVERNMENT EXHIBIT CASE NO . 'g- CV•MARRA EXHIBIT NO. 500 South Australian Ave.. Suite 400 West Palm Beach, Fl. 33401 (56O 820-8711 Facsimile: (561) 820-8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/ea F NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, a le On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454A,OCXMB and 2008-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00184216 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 21 of 21 %me Niont BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM S JULY 9,2008 PAGE 2 OF 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, S P is an individual whom the United Stales was prepared to name as a victim of an enumerated offense. Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. lap R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: cc: Jack Goldberger, Fsq. A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY EFTA00184217 Case 9 08-cv-80736-KAM Document 35 Entered on FLSD Docket 12122/2008 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. al/PILLMENTAL/LCLARATIWISMAssamnatuthe 1. I, A. Marie Villafafla, do hereby declare that I am currently employed as an Assistant United States Attorney ("AUSA") in the Southern District of Florida and was so employed during all of the events described herein, and that I was the AUSA assigned to the investigation of Jeffrey Epstein. 2. This Declaration is meant to supplement the information provided in the Declaration that was filed on July 9, 2008, and to correct some statements in that Declaration based upon events that occurred alter the filing of the July 9 Declaration. 3. As explained in the J uly 9 Declaration and in Court presentations related to this matter, the resolution of the federal investigation of Jeffrey Epstein included a series of documents: (I) a September 2007 Non-Prosecution Agreement ("Part I"); (2) an October 2007 Addendum ("Pan 2"): and (3)a letter dated December19,2007, from the U.S. Attorney to Attorney Lilly Ann Sanchez, counsel to Jeffrey Epstein ("Part 3"). EFTA00184218 Case 9:08•cv-80736•KAM Document 35 Entered on FLSD Docket 12/22/2008 Page 2 of 4 4. On July 9, 2008. your Affiant sent a victim notification letter to Jane Doe #1, which contained pertinent language from "Part 3" of the Agreement (Ex. 6 to the July 9 Deel.). 5. Prior to preparing and sending that letter, your Affiant sent a draft of the letter to counsel for Jeffrey Epstein. On July 9, 2008, Mr. Epstein's attorney wrote to your Affiant objecting to parts of the draft, but accepting the part of the draft letter that contained the language from "Pan 3" of the Agreement. Based upon that communication, your Aftiant sent the victim notification letter to Jane Doe # I and attached it to your Affiant's July 9,2008 Declaration. 6. Although copies of all of the victim notification letters, including the one addressed to Jane Doe #1, were provided to Mr. Epstein's attorney, and despite the fact that counsel for Mr. Epstein filed a copy of your A Mant's July 9, 2008 Declaration in some of the civil suits filed against Mr. Epstein, none of Mr. Epstein's attorneys ever informed your Affiant that they considered the language in the letters and the Declaration to be inaccurate. 7. In August 2008, in anticipation that the Court might order the United States to make the Agreement available to the victims, the United States sought to confirm that counsel for Mr. Epstein had filed the complete Agreement under seal with the State Court at the time of the entry of his guilty plea to the State charges, to insure that an exact copy of that Agreement would be provided in this case, should the Court order its production. EFTA00184219 Case 9:08-cv-80736-KAM Document 35 Entered on FLSD Docket 12/22/2008 Page 3 of 4 8. On August 14,2008, Mr. Epstein's counsel communicated to your Affiant that Mr. Epstein did not consider the modification contained in "Pan 3" to be operative. This was confirmed on August 18, 2008. 9. Following that date, your A Mani prepared a corrected victim notification letter and worked with Mr. Epstein's counsel to resolve certain issues related to the implementation of the Agreement comprised only of "Pans I and 2." Those issues were resolved on September 2, 2008, and on September 3, 2008, your Affiant sent the corrected victim notification letter to Jane Doe 41 via her attorney, Brad Edwards, Esq. 10. As explained in the July 9, 2008 Declaration, at the time that the Agreement was negotiated, Jane Doe 42 was represented by an attorney paid for by Mr. Epstein, and, accordingly, all contact with Jane Doc 42 was made through that attorney. II. At the time that all portions of the Agreement were signed, Jane Doe 42 was openly hostile to the prosecution of Mr. Epstein and had provided a statement denying that she was a victim. Thus, she was not included in the list of victims provided to Mr. Epstein's counsel and did not receive either of the victim notification letters. She is. however, represented by Attorney Edwards who was informed of these developments and who received both the initial and corrected victim notification letters that were sent to Jane Doc 41. 12. In accordance with the Court's instructions at the status conference of August 14, 2008 and the terms of the Protective Order entered by the Court on August 21, 2008, EFTA00184220 Case 9:08-cv-80736-KAM Document 35 Entered on FLSD Docket 12/22/2008 Page 4 of 4 beginning on September 2, 2008, I sent corrected Victim Notifications to all victims whom I knew to be represented by counsel. In those letters, I advised counsel of the Court's Protective Order and the procedure for obtaining a copy of the Non-Prosecution Agreement. Since that time, I have provided the Non-Prosecution Agreement to several attorneys, who represent twelve identified victims, and have received Protective Orders counter-signed by those attorneys and their clients. Two attorneys for other victims have not requested the opportunity to review the Non-Prosecution Agreement. Victims whom I believe are unrepresented have also received corrected Victim Notification letters that advise them of the existence of the Protective Order. No one has expressed to me any concerns regarding their access to the Non-Prosecution Agreement. 13. I declare under penalty of perjury, pursuant to 28 § 1746, that the foregoing is true and correct to the best of my knowledge and belief. Executed this2Zt1 64 day of December, 2008. A. Marie Villafaha EFTA00184221 Case 9:08-cv-80736-KAM Document 35-1 Entered on FLSD Docket 12/22/2008 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 22, 2008, I electronically filed the foregoing Supplemental Declaration of A. Marie Villafafia with the Clerk of the Court using CM/ECF. According to the Court's website, counsel for all parties are able to receive notice via the CM/ECF system. slA. Marie Villafalia A. MARIE VILLAFARA Assistant United States Attorney EFTA00184222 Case 9:08-cv-80736-KAM Document 35-1 Entered on FLSD Docket 12/22/2008 Page 2 of 2 SERVICE LIST Jane Does I and 2 tUnited States Case No. 08-80736-CIV- ARRA/JOHNSON United States District Court, Southern District of Florida A. Marie Villafatia Assistant U.S. Attorney ann.marie.c.villafana®usdoj.gov U.S. Attorney's Office 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Telephone: (561) 820-8711 Facsimile: (561) 820-8777 Attorney for United States [Service via CM/ECF] -2- Brad Edwards, Esq. be@bradedwardslaw.com The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020 (954)414-8033 Fax: (954) 924-1530 Attorney for Plaintiffs [Service via CM/ECF] Jay C. Howell Jay Howell & Associates PA 644 Cesery Boulevard Suite 250 Jacksonville , FL 32211 Email: jay®jayhowell.com PRO HAC VICE [Service via CM/ECF] Paul G. Cassell Email: cassellp®law.utah.edu [Service via CM/ECF] EFTA00184223