EFTA00207713.pdf

NAP F.dl FD-448 Reviled 10.27.2004 FEDERAL BUREAU OF INVESTIGATION FACSIMILE COVER SHEET r Routine PRECEDENCE r Immediate r PrturIty CLASSIFICATION r Top Secret r Secret r Confieent itir a Sensitive r Un class fled TO Name of Office: U.S. Attorney's Office - Miami Attn: Maritsa Arbasu Facsimile Number, (305) 536-4101 Date: 03/16/2010 Room: Telephone Number: (305) 961-9339 FROM Name of Office: P8I Miami, Chief Division Counsel Originator's Herne: PLS Deyanks Aponte Approved' PM Number of Pages: (including cover) Originator's Telephone Number: (305) 787-6727 Originators FaCSirrillit Number: (305)787-6124 DETAILS Subject: Jane Does 2-7'. Jeffrey Epstein Special Handling InstrucbOrtg: Please let me know which AUSA will be assigned this matter. Thank you. Brief Description of Communication Fazed: WARNING Information attached to the cover sheet is U.S. Government Property. If you are not the intended recipient of this Information disdosure, reproduction. distribubon, or use of this information S prohibited (10.USC, g 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FO-44,3 (Revised 10.27-2004) Facie I or I FEDERAL BUREAU OF INVESTIGATION EFTA00207713 ripP-1G-241114 11:11 U.S. Department of indict Ftdcral Bureau of Investigation In Rep!). Pitasc Rev Co File No. Jessica D. Arbour, Esq. Mame!stein & Horowitz, PA 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Re: Jane Doe 2-7'. Jeffrey Epstein Dear Ms. Arbour: & 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 federaltroceedings and has been upheld in the United States Supreme Court. Sec U.S. cx rel, to uhy Ragan, 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 FBI. In the absence of either the notarized consent of the record subject, or an appropnate 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. EFTA00207714 MAR-16-2010 11: 11 P.03 Should you require further assistance, please contact Paralegal Specialist Deyanira Aponte at (305) 787-6727. Very Truly Yours, JOHN . DILLIES Sped tin Charge B9. FRANK NAVAS Chief Division Counsel 2 EFTA00207715 We-16-2010 11:12 P.04 Mermelstein & Horowitz PA attorneys at law March 12, 2010 VIA PROCESS SERVER Federal Bureau of Investigation 16320 Northwest Second Avenue North Miami Beach, FL 33169 Re: Jane Does 2-7'. Jeffrey Epstein To Whom It May Concern: Jessica D. Arbour Tel 305.931 2200 Fax 305.931 0877 jarbouresexabuseattorney.com 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 vapor.sexabuseattomey.com 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 farther information, please do not hesitate to contact me. Thank you. Very truly yours, ica D. Arbour JDA/ EFTA00207716 11V-16-2010 11 12 P. 05 AO US (Row 06/09) Sobpotorr to Produce Donna kJonl000s. or Ogees or to Piaui Inipiimoo of Press Si nom UNITED STATES DISTRICT COURT for the Southern District of Florida Plaintiff v . Defendant Civil Action No. 08-CY-80119- Mane (If the sodas is onnans la moths diseict, Isms when. SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Federal Bureau of Investigation, 16320 Northwest Second Avenue, 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 es attached. Place: Merrnelstein & Horowitz, P A. `Date and Time 04102/201010:00 am 3 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. D CLERK OF COURT Signature of Clerk or Deputy Oa OR Attarney's signature The name, address. e-mail, and telephone number of the attorney representing rt./parry) PLAINTIFF , who issues or requests this subpoena. are: Stuart Mermelstein, Adam Horowitz, Jessica Arbour, Mermelstein & HolowgZ, P.A., 18205 Biscayne Blvd., Suite 2218, Miami, FL 33160, (305) 931-2200, jarbourgsexabuseattomey.com, EFTA00207717 MAR-16-2010 11:12 P. e€, AO US (Rev 0&09) Subpoena sa Please Documents. Inceemarron. or OSreca Petri :!IPAICLO• 01 Pt41111•1111• Civil AC0011 (Pia 2) Civil Action No. 08-CV-80119- Marra PROOF OF SERVICE Mar section should not be filed with the court unless required by Fed. R. Civ, P. 45.) This subpoena for (name of individual and lido, LI any/ was received by me on (date) 3 I send 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 days attendance, and the mileage allowed by law, in the amount of S My fees are S Daft. for travel and S for services, for a total of S I declare under penalty of perjury that this information is true. Additional information regarding attempted service, etc: 0.00 Servee'r tri:Mae Printed name and title Server's address EFTA00207718 MR-16-2010 11 12 P . AO 588 (Rev efil09)Suhreenit to Produce Documenu, Infennahoh or Objects or v Permit Inspection of Premise.. in • Crel Actow(Priv 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 saving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing coup 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 Product Materials or Pane 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 m person at the place of production or inspealon 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 moray 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 infatuation in the form a forms requested. The objection must be saved before the earlier of the time specified for compliance or 14 Jays after the subpoena is saved. If an objection is made, the following rules apply. (a) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or Inspection. (ra) These acts may be required only as directed in the order, and the order must protect a person who is neither a pony nor a party's officer from significant expense resulting from compliance. (3) Pr asking or Mollifying a Smhpoena. (A) When Required On timely motion, the issuing court must quash or modify a subpoena that. (a) fails to allow a reasonable time to comply. (ii) requires a person who is neither a party not 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(oX3)(1))(iii), the person may he 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 (1v) 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 • trade secret or other confidential research, development, or commercial Information; (il) 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) • person who is neither a party nor a pony's officer to tricot substantial expense to travel more than 10O miles to attend trial. (C) Specifying Conditions at an Alternative In the circumstances described in Rule 45(c)(1)(3). 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 ma without undue huditiap, and (ii) ensures that the subpoenaed person will be reasonably comperaated. (d) Duties in Responding tea Subpoena. (I ) Producing Documents or Electronics* Stored Information. These procedures apply to producing documents or electronically stored information. (A) Document. A person responding to a subpoena to produce documents must produce them as they arc 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 Warmation Nor Specified If • subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a for or forms in which it is ordinarily maintained or in • reasonably usable form or forms. (C) Lie axon icolfr Stored Wornscrtion Produced in Only Ore Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Staved 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 ff 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(bX2XC). 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: 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 Mali preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. ARa 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 presort 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 saved, fads without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena puma to require the nonparty to attend a produce at a place outside the limits of Rule 43(c)(3XAXii). EFTA00207719 MAR-16-2010 11:13 P . OB Schedule A Sworn statements taken during the investigation of Jeffrey Edward Epstein (358 El Brillo Way, Palm Beach, FL, DOB: 01/20/1953) from the following: TOTAL P. EFTA00207720