EFTA00211095.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2, Plaintiffs 1. UNITED STATES, Defendants JANE DOE #1 AND JANE DOE #2'S SUPPLEMENTAL REOUEST FOR PRODUCTION TO THE GOVERNMENT REGARDING EVIDENCE OF GOVERNMENT'S VIOLATIONS OF VICTIM'S RIGHTS COME NOW Jane Doe #1 and Jane Doe #2 ("the victims), by and through undersigned counsel, and request the defendant United States (hereinafter "the Government") to produce within 30 days the original or best copy of the items listed herein below for inspection and/or copying, pursuant to the Court's Order (DE 99) directing discovery in this case, the Court's Order denying the Government's motion to dismiss and lifting stay of discovery (DE 189), the Court's Omnibus Order (DE 190), and the Court's Order Denying Motion to Join (DE 324): BACKGROUND As the Government will recall, the Court has ordered discovery to develop the factual record concerning the summary judgment motion (DE 99 at 11). Victims' counsel has reason to believe that significant and highly relevant information is in the possession of the Government yet has not yet been provided to victims' counsel. While victims' counsel believe that this information EFTA00211095 has already been properly requested through previous requests for production, the victims now submit this supplemental request to eliminate any possible argument. SUPPLEMENTAL DISCOVERY REQUESTS The numbered discovery requests below should all be construed in light of the definition of terms provided at the end of the requests. Supplemental Discovery Request 1. Any emails or other documents, including those circulated within the FBI — including, but not limited to those to or from or between any of the following individuals: Val Parlave, Tim Delaney, Ed Nucci, Jason Richards, Nezbitt Kurkendall, Eliasib Ortiz, Alex Acosta or Alan Snatiago -- presenting or reflecting complaints, concerns or questions about possible business, social, or other relationships or connections, direct or indirect, between Alex Acosta, n the one hand and Jeffrey Epstein (or any individual or business entity associated or connected with Epstein) on the other. This request includes all emails exchanged on the FBI intranet email as well as emails or correspondence exchanged through other email or electronic or personal transmission. Supplemental Discovery Request 2. Any emails or other documents, including those circulated within the FBI on intranet server, suggesting or complaining about or recognizing that Jeffrey Epstein or his agents or attorneys or acquaintances had offered (or were possibly offered) current or future opportunities, employment prospects, future clients or other benefit of any kind to any United States Attorney or Assistant United States Attorney, including but not limited to Alex Acosta, Matthew Menchel, and/or Andrew Laurie, prior to Epstein's plea in June of 2008. upplemental Discovery Request 4. Any emails or other documents, including those circulate within the FBI intranet system, presenting or reflecting complaints, concerns or questions about notifications to or treatment of Epstein's victims or the manner in which the case was being handled in any respect during 2006-08, including during the course of the investigation of and negotiation and implementation of the non-prosecution agreement with Epstein. Supplemental Discovery Request 5.Any emails or other documents, including those circulated within the FBI or internally within the United States Attorney's Office, presenting or evidencing or reflecting or discussing or contemplating contact between the United States Attorney's Office, federal prosecutors, agents, or other government employees on the one hand , and a Palm Beach Police Department Chief or any other Officer with the Palm Beach Police Department on the other 2 EFTA00211096 hand, that in any way amount to threats or warnings or contemplation of such threats or warnings, including the preparation of a target letter or indictment or criminal investigation of any kind or the contemplation of such a document, issued to or contemplated to be issued to or against any law enforcement officer or Chief for any reason related to the Epstein investigation. To further clarify, the Petitioners have reason to believe that The United States Attorney's office prepared a target letter or similar document against Police Chief Reiter or contemplated doing for reasons related to the Epstein investigation. Any such document or discussion of the contemplation of such document, would be highly relevant and is being requested. This clarifying sentence should not be interpreted as narrowing the request; however, it is for the purpose of eliminating improper objections. . Supplemental Discovery Request 7. Any emails or other documents from any agent or person in the FBI or attorney or person within the United States Attorney's Office, sent from the FBI or United States Attorney, to any internal component of those organizations or any outside agency, regarding the treatment of Epstein's victims by the federal government or notifications to Epstein's victims of any aspect of the Epstein investigation or non-prosecution agreement, including any emails or other documents sent to "Main Justice" (i.e., the U.S. Department of Justice in Washington, Office of Victims of Crime, the Crime Ombudsman, the Office of Professional Responsibility, the Executive Office for U.S. Attorney) or "Headquarters" for the FBI (i.e., officials for the Federal Bureau of Investigation located in Washington,D.C., including the Director's Office and the General Counsel's Office). Supplemental Discovery Request 8. Any emails, telephone logs, photographs, statements, or documents of any type supporting or relating to the Government's answer to the victims' First Request for Admission #20 that it has knowledge or information about a personal or business relationship between Jeffrey Epstein and Matthew Menchel. DEFINITIONS For the purpose of construing the foregoing discovery requests, the following terms are defined: The term "documents" means and includes, without limitation, all writings of any kind, including the originals and all non-identical copies or drafts, whether different from the original by reason of any notation made on such copy or draft or otherwise including, without limitation, 3 EFTA00211097 correspondence, memoranda, notes, diaries, statistics, letters, e-mails, electronic computer files, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, interoffice communications, offers, notations of any sort of conversation, telephone calls, meetings or other communications, bulletins, printed matter, computer print-outs, teletypes, facsimiles, invoices, work sheets, flight logs, flight manifests, and all drafts, alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural writs, records or representations of any kind including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures; and electronic, mechanical or electric records or representations of any kind including, without limitation, tapes, cassettes and disc recordings, and writings and printed material of every kind. The term "correspondence" means any tangible object that conveys information or memorializes information that was conveyed in tangible or oral form including, but not limited to, writings, letters, memoranda, reports, notes, e-mails, telephone logs, telephone billing information, telephone recordings, and interoffice communications. The term "victim" means any person that the Government identified as a possible victim of a sex offense committed by Jeffrey Epstein, including Jane Doe 1, 2, 3, and 4, all victims identified in attachment to the non-prosecution agreement entered into by Epstein, and any other person that the Government investigated as a possible victim of Epstein's sex offenses. The term "Government" means the federal government, including all employees of and components of the United States Department of Justice (such as, the Office of the Attorney General, the Office of the Deputy Attorney General, the Criminal Divisions, the Office of Professional Responsibility, the Child Exploitation and Obscenity Section, the U.S. Attorney's Offices for the Southern District and Middle District of Florida, New Mexico, the Virgin Islands, and the Southern District of New York, and the Federal Bureau of Investigation) and other federal government agencies with law enforcement responsibilities related to the Epstein case (such as the Internal Revenue Service). This request for production seeks all documents, correspondence, and other information held by all of these entities, including all employees of and components of the Justice Department that worked on or were in any way involved the Epstein investigation and/or that possess information relevant to the victims' claims. For purposes of the request for production of flight logs and related travel information, this request includes the Federal Aviation Administration and Bureau of Immigrations and Customs Enforcement. The term "including" means containing within the request, but not limiting the request. The term "witness statement" means any document or other recording in any form (including oral form) reflecting, recording, or otherwise memorializing a statement made or information conveyed by a potential witness, including for example FBI 302's. The term includes information collected by any law enforcement, prosecuting or government agency, including all federal, state, and local law enforcement agencies located in Washington, D.C., or Florida. 4 EFTA00211098 PRIVILEGE LOG If you believe that any document, correspondence, or other information requested in this request is subject to a privilege and if you intend to assert that privilege, please provide a "privilege log" consistent with Local Rule 26.1(g), including a description a document that is consistent with Local Rule 26.1(g)(3)(B). Your privilege log should include the type of document, general subject matter of the document, date of the document, and author and addressee of the document or correspondence. FBI INTERNAL SERVER INCLUDED For purposes of searching for responsive FBI emails, please include searches of not only any external server hosted by the FBI, but also all internal servers in any form, including information storage systems bearing names such as lune files," "zero files," "I-drive", "S-drive" and any comparable or similar system for storing FBI communications of any kind. REDUCING ANY UNDUE BURDEN If you believe that complying with any of the foregoing requests would be unduly burdensome, please contact victims' counsel — Bradley J. Edwards — to discuss ways to reduce any such burden. DATED: August 25. 2016 Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar No.: 542075 E-mail: brad ®pathtojustice.com and Paul G. Cassell Pro Hac Vice r @_• n - listreefthepritethe 5 EFTA00211099 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: cassellp@law.utah.edu Attorneys for Jane Doe 1, 2, 3 and 4 ' This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah 6 EFTA00211100