EFTA00211287.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2, Plaintiffs I UNITED STATES, Defendants JANE DOE #1 AND JANE DOE #2'S AMENDED SUPPLEMENTAL REQUEST FOR PRODUCTION TO THE GOVERNMENT REGARDING VICTIM NOTICES. CO- CONSPIRATORS, AND RELATED SUBJECTS COME NOW Jane Doe #1 and Jane Doe #2 ("the victims), by and through undersigned counsel, to amend the "background" section to their earlier requests to the defendant United States (hereinafter "the Government") to produce within 21 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). This amended supplemental request does not seek any new information. Instead, in simply expands the "Background" section of earlier requests to identify multiple purposes for the request: BACKGROUND As the Government will recall, it has previously argued suggested that it has properly notified all of the victims in this case about various events connected the possible prosecution of Jeffrey Epstein and the non-prosecution agreement. The Government has also suggested that it EFTA00211287 met with various victims to keep them informed of relevant events, including events associated with the non-prosecution agreement. The Government has also entered into a non-prosecution agreement that precludes prosecution of certain unidentified "potential co-conspirators" of Jeffrey Epstein. The victims believe that those co-conspirators were never disclosed to the victims and, indeed, that other related information was never disclosed to them — certainly not in a fashion that would have allowed them to object to the NPA or other would have constituted treating them with "fairness" under 18 U.S.C. 3771(a)(8). More broadly, the victims believe that all the information being sought in this request directly will help them establish that the Government (prodded by Epstein) did not extend to them a right to confer, a right to reasonable notice, and right to be treated with fairness (among other violations). To obtain information on these and other related subjects, Jane Doe 1 and Jane Doe 2 propound the following amended supplemental discovery requests. They hope that the Government will voluntarily provide the requested information without need for intervention by the Court. SUPPLEMENTAL DISCOVERY REQUESTS The numbered discovery requests below should all be construed to provide the maximum possible information to Jane Doe 1 and Jane Doe 2 and in light of the definition of terms provided at the end of the requests. If not information is covered by the request, please note that fact. If the request has multiple, letter subparts, please provided all information covered by each of the subparts: Supplement Discovery Request 3 (originally propounded in December 29, 2015 request). The Non-Prosecution Agreement in this case contains a provision that provides immunity in the Southern District of Florida not only to Jeffrey Epstein, but also to "any potential co-conspirators of Epstein." Please provide: 2 EFTA00211288 (a) the names of those persons covered by this provision; (b) the names of those persons that legal counsel for Jeffrey Epstein represented were covered by this provision; (c) all documents, correspondence, and other information pertaining to those persons who are covered by this provision; (d) all documents, correspondence, and other information pertaining to legal counsel for Jeffrey Epstein's representations regarding those persons who are covered by this provision. Supplement Discovery Request 4 (originally propounded in December 29, 2015 discovery request). On September 16, 2007, the U.S. Attorney's Office wrote to defense counsel about a provision in the proposed NPA dealing with potential co-conspirators that would not highlight for the judge persons who could potentially be charged: "I will include our standard language regarding resolving all criminal liability and I will mention 'co-conspirators,' but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge." Please identify all of the "other crimes" and "other persons" referred to in this email, and provide all documents, correspondence, and other information pertaining to those crimes and persons. Supplemental Discovery Request 9 (originally propounded December 2, 2015). Please provide all documents, correspondence, and other information, including all victim notification letters, that the Government provided to Jane Does 1 - 33 pertaining to: (a) their rights under the CVRA, 18 U.S.C. § 3771; (b) their rights under 42 U.S.C. §§ 10606-08; (c) their rights under 18 U.S.C. § 2255; (d) any other statute related to crime victims' rights; and (e) their rights under the non-prosecution agreement entered into with Jeffrey Epstein. 3 EFTA00211289 Supplemental Discovery Request 10 (originally propounded December 2, 2015). Please provide all documents, correspondence, and other information, including all FBI 302s, regarding all meetings with Government agents (including FBI agents) with Jane Does 1 - 33 or other victims pertaining to the non-prosecution agreement entered into with Jeffrey Epstein. 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, 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, reports of interviews, FBI 302's, 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 I, 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 4 EFTA00211290 (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. 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. 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: January 29, 2016 Respectfully Submitted, s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar No.: 542075 5 EFTA00211291 E-mail: brad@pathtojustice.com and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah. 332 S. 1400 E. Salt Lake City, UT 84112 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 EFTA00211292