EFTA00209891.pdf

To: "Paul Cassell" <cassellp@law.utah.edu>, "Brad Edwards" <brad@pathtojustice.co Cc: 'Maria Kelljchian" <maria pat tojustice.com> Subject: RE: Correcting False Representation in Epstein's Response to our Motion to Dismiss Date: Thu, 18 Jul 2013 15:39:35 +0000 Importance: Normal Inline-Images: image001.jpg Dear Paul: All matters dealing with the Eleventh Circuit are handled by the Appellate Division. Your inquiry has been forwarded and we will respond when we have an answer. In the meantime, we are busy addressing the District Court's Friday deadline. Take care. From: Paul Cassell imalltoicassellp@law.utah.edu] Sent: Thursday, July 18, 2013 2:03 AM RIPSIMAar 11.1.1.11ian Subject: RE: Correcting False Representation in Epstein's Response to our Motion to Dismiss What is the Government doing to correct the false impression? We contacted you on Monday about this and, as you know, we are hoping for a ruling from the Eleventh Circuit quickly. If you do not have time to correct this false Impression, please just send us a one-sentence email and Brad and I will provide it to the Eleventh Circuit. Thanks for your prompt attention to this. We do not believe it is fair for Epstein to falsely represent the Government's position and then have the Government, through silence, allow that false representation to be the potential basis of Eleventh Circuit action. Paul Cassell and Brad Edwards for Jane Doe #1 and Jane Doe #2 Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law Quinney College of Law at the University of Utah 332 S. 1400 E. , Room 101 Salt Lake City, UT 84112-0730 EFTA00209891 You can access my publications on http://ssm.com/author=30160 CONFIDENTIAL: This electronic message - along with any/all attachments is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Professor Cassell is admitted to the Utah State Bar, but not the bars of other states. Thank you. From: Paul Cassell Sent: Wednesday, July 17, 2013 1:26 AM Subject: RE: Representation in Epstein's Response to our Motion to Dismiss Here is Epstein's response to the motion to dismiss. With the Government not filing anything on the motion to dismiss, it is allowing Epstein to represent to the CAll that the Government agrees with his position -- the Government needs to correct that false impression. Thanks for your quick attention to this. Paul Cassell and Brad Edwards for Jane Doe #1 and Jane Doe #2 Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law Si. . Quinney College of Law at the University of Utah 332 S. 1400 E. , Room 101 Salt Lake City, UT 84112-0730 You can access my publications on http://ssm.com/author=30160 CONFIDENTIAL: This electronic message - along with any/all attachments is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Professor Cassell is admitted to the Utah State Bar, but not the bars of other states. Thank you. Sent: Tuesday, July 16, 2013 6:46 AM Subject: RE: Representation in Epstein's Response to our Motion to Dismiss Paul, I have not seen Mr. Epstein's response to your motion to dismiss in the Eleventh Circuit. When was it filed? Could you provide me with a copy? Thank you. From: Paul Cassell [mailto:cassellp@law.utah.edu] Sent: Tuesday, July 16, 2013 2:12 AM Subject: RE: Representation in Epstein's Response to our Motion to Dismiss You will have seen Epstein's response to our motion to dismiss, in which he states: "Intervenors have also contended that the correspondence was privileged and confidential, a position with which the government agrees." (p. 18) EFTA00209892 I have not seen anything in the record to support that statement. To the contrary, the only thing I have seen from the Government is its statement in doc. #98: "Movant Epstein bears the burden of establishing that the communications he seeks to withhold from disclosure fall within the attorney-client or other privilege." (Doc. #98 at 4). Can you confirm that Epstein's statement that the Government agrees on privilege and confidentiality is false? And, if so, is the Government planning to do anything to correct the incorrect representation that Epstein has made to the Eleventh Circuit? Thanks in advance for your rapid response on this issue. It would be very unfortunate if the Eleventh Circuit were to take action in this case based on false information about the Government's position. Paul Cassell and Brad Edwards for Jane Doe No. 1 and Jane Doe No. 2 Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law Si. . Quinney College of Law at the University of Utah 332 S. 1400 E. , Room 101 You can access my publications on http://ssm.com/author=30160 CONFIDENTIAL: This electronic message along with any/all attachments is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Professor Cassell is admitted to the Utah State Bar, but not the bars of other states. Thank you. Sent: Thursday, July 11, 2013 11:46 AM Subject: RE: Epstein's Motion for Limited Intervention Brad, Can you call me at -at at 5:00 p.m.? Thanks. Dexter en t: fnursaay, July 11, 1013 1: • aria Icelljcn ran; Paul Lassencasse pa aw.0 a .e u Subject: RE: Epstein's Motion for Limited Intervention That's fine. Do you have a conference call number you want us to call in on, or just a number you want me to call at 5:00? Send me that info, and we'll talk at 5:00. Thanks Brad Edwards Civil Justice Attorney Farmer, Jaffe, Weissing, Edwards, Fistos Et Lehrman, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone: 954-524-2820 Facsimile: 954.524-2822 EFTA00209893 Toll- f ree: 1-800-400-1098 brad@pathtojustice.com www.pathtojustice.com f Become our fan on Facebook Please consider the environment before printing this e-mail. IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a 'reliance opinion' under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of (i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. NOTICE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TOLL FREE (800)400-1098 AND DELETE THE MATERIAL FROM ANY COMPUTER. THANK YOU. u ay, Uy To: Brad Edwards; Cc: Subject: RE: Epstein's Motion for Limited Intervention Brad, (cassellpalaw.utah.edu) I have not been able to speak with my colleagues on a good time. Can we try for 5:00 p.m. Eastern time? Thanks. From: Brad Edwards [mailto:bradepathtojustice.com] Maria Kelljchian; Paul Cassell (cassellp law.utah.edu) Subject: Epstein's Motion for Limited Intervention What time today can you discuss Epstein's recently filed motion for limited intervention? We can make ourselves availably any time other than between 3-4. Please let us know what number to call you on and we will call at precisely that time so as not to inconvenience you any longer than necessary. Thank you. Sincerely, Brad Edwards Civil Justice Attorney Farmer, Jaffe, Weissing, Edwards, Fistos Et Lehrman, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone: 954-524-2820 Facsimile: 954-524-2822 Toll-free: 1-800-400-1098 brad@pathtojustice.com www.pathtojustice.com EFTA00209894 Become our fan on Facebook Please consider the environment before printing this e-mail. IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a "reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of (i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. NOTICE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TOLL FREE (800) 400-1098 AND DELETE THE MATERIAL FROM ANY COMPUTER. THANK YOU. EFTA00209895