EFTA00211430.pdf

Case 9:08-cv-80736-KAM Document 338 Entered on FLSD Docket 08/03/2015 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Matthewman JANE DOE #1 AND JANE DOE #2, Petitioners, v. UNITED STATES OF AMERICA, Respondent, UNITED STATES' NOTICE OF FILING THIRD SUPPLEMENTAL PRIVILEGE LOG Pursuant to the Court's June 18, 2013 Omnibus Order (DE 190), the Respondent, United States of America, by and through the undersigned Assistant United States Attorney, hereby gives notice of its filing of its Third Supplemental Privilege Log. The index has been marked with Bates Numbers P-014924 thru P-015267. The documents referenced in the Third Supplemental Privilege Log will be delivered tomorrow to the Chambers of U.S. District Judge Kenneth A. Marra for ex parte in camera review, pursuant to the Court's Omnibus Order. Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By: s/A. Marie Villafaila A. MARIE VILLAFANA Assistant United States Attorney Florida Bar No. 0018255 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 Telephone: 561-820-8711 Facsimile: 561-820-8777 ann.marie.c.villafana@usdoj.gov I EFTA00211430 Case 9:08-cv-80736-KAM Document 338 Entered on FLSD Docket 08/03/2015 Page 2 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 3, 2015, I electronically filed the foregoing document 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. s/A. Marie Villafaila A. MARIE VILLAFANA Assistant United States Attorney SERVICE LIST Jane Does 1 and 2 v. United States, Case No. 08-80736-CIV-MARRA/MAITHEWMAN United States District Court, Southern District of Florida Brad Edwards, Esq., Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 brad@pathtojustice.com 954-524-2820 Fax: 954-524-2822 Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, Utah 84112 (801) 585-5202 Fax: (801) 585-6833 E-mail: casselp@law.utah.edu Attorneys for Jane Doe # 1 and Jane Doe # 2 2 EFTA00211431 Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 1 of 7 JANE DOE v. UNITED STATES COURT FILE NO. 08-80736-CV-MARRA THIRD SUPPLEMENTAL PRIVILEGE LOG - BOX #5 Bates Range Description Privilege(s) Asserted P-014924 5/27/2008 emails between A.M. Villafafia and K. Atkinson regarding report of new state plea deal for J. Epstein Work Product Deliberative Process P-014925 thru P-014927 5/27/2008 emails between A.M. Villafafia, R. Senior, J. Sloman, and K. Atkinson regarding potential renewed plea negotiations for J. Epstein and plans to review and revise updated indictment package Work Product Deliberative Process Investigative Privilege 6(e) P-014928 5/23/2008-5/27/2008 emails between A.M. Villafafia, E.N. Kuyrkendall, and J. Richards regarding plans to meet to prepare for indictment presentation, service of grand jury subpoenas, interviews of additional witnesses, and plea negotiation issue Attorney-Client Privilege Investigative Privilege 6(e) Privacy Act/TVPA/CVRA P-014929 thru P-014933 5/27/2008-5/28/2008 emails between A.M. Villafafia, E. Nesbitt Kuyrkendall, and J. Richards regarding request for legal analysis of statute of limitations issues under state and federal law Attorney-Client Privilege Investigative Privilege 6(e) Privacy Act/TVPA/CVRA P-014934 thru P-014935 5/27/2008-5/28/2008 emails between A.M. Villafafia, J. Sloman, R. Senior, K. Atkinson, and R. Garcia regarding report of new state plea deal for J. Epstein Work Product Deliberative Process P-014936 thru P-014940 5/29/2008-5/30/2008 emails between A.M. Villafafia, J. Sloman, R. Senior, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding planned grand jury presentation, status of investigation, possible grant of immunity to victim/witness for grand jury testimony Work Product Attorney-Client Privilege 6(e) Investigative Privilege Deliberative Process Privacy Act/TVPA/CVRA Page 1 of 7 EFTA00211432 Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 2 of 7 Bates Range Description Privilege(s) Asserted P-014941 thru P-014954 6/2/2008 draft letter to Deputy Attorney General Mark Filip regarding reasons to approve continued prosecution of J. Epstein (NB: The Court has already determined that final version of this letter is protected by Work Product/Deliberative Process/Attorney-Client Privileges) Work Product 6(e) Deliberative Process Investigative Privilege P-014955 thru P-014971 6/3/2008 draft letter to Deputy Attorney General Mark Filip regarding reasons to approve continued prosecution of J. Epstein (NB: The Court has already determined that final version of this letter is protected by Work Product/Deliberative Process/Attorney-Client Privileges) Work Product 6(e) Deliberative Process Investigative Privilege P-014972 thru P-014975 6/6/2008 emails between A.M. Villafafia and E. Nesbitt Kuyrkendall regarding victim/witness subpoenaed to the grand jury and need for additional grand jury subpoenas Attorney-Client Privilege Investigative Privilege 6(e) Privacy Act/TVPA/CVRA P-014976 6/18/2008 emails between A.M. Villafafia, R. Senior, A. Acosta, J. Sloman, R. Garcia, and K. Atkinson regarding telephone conference with R. Black about allowing J. Epstein to accept state plea to 60 days' imprisonment. Work Product Deliberative Process P-014977 thru P-014978 6/19/2008 email forwarding 6/19/2008 email from B. Edwards to E. Nesbitt Kuyrkendall and J. Richards (NB: Asserting privilege only for A.M. Villafafia email. Attorney Edwards presumably has copy of his email to A.M. Villafafia) Attorney-Client Privilege Investigative Privilege P-014979 thru P-014980 6/23/2008 emails between A.M. Villafafia, A. Fernandez, and S. Ball (USAO staff) regarding scheduling of grand jury time for indictment presentation and witness testimony (Information regarding unrelated grand jury case redacted) Work Product Investigative Privilege 6(e) P-014981 6/23/2008 emails between A.M. Villafafia, E. Nesbitt Kuyrkendall, J. Richards, K. Atkinson, and R. Senior regarding grand jury subpoena to victim/witness, revisions to indictment, planned grand jury presentation, and plans to supersede indictment Attorney-Client Privilege Work Product 6(e) Investigative Privilege Deliberative Process Privacy Act/TVPA/CVRA Page 2 of 7 EFTA00211433 Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 3 of 7 Bates Range Description Privilege(s) Asserted P-014982 thru P-014990 6/25/2008 emails between A.M. Villafafia, J. Sloman, R. Senior, K. Atkinson, and A. Acosta regarding draft of notification of victim list for J. Epstein counsel with attached drafts (NB: Final list, with victim names redacted, has been produced to counsel for Petitioners Work Product Deliberative Process P-014991 thru P-015004 6/23/2008-6/26/2008 emails between A.M. Villafafia and counsel for grand jury witness/victim regarding immunity and travel for grand jury appearance 6(e) Investigative privilege Privacy Act/TVPA/CVRA P-015005 thru P-015006 6/28/2008 emails between A.M. Villafafia, J. Sloman, A. Acosta, and R. Senior regarding correspondence with J. Goldberger and proposed change to state plea agreement Work Product Deliberative Process Attorney-Client Privilege P-015007 7/3/2008 emails between A.M. Villafafia, J. Sloman, and A. Acosta regarding telephone conf. with B. Edwards and regarding meeting with Sheriff's Office about work release program Work Product Deliberative Process P-015008 thru P-015024 7/8/2008 emails between D. Lee, K. Neal (Attorney Advisory, Victim Witness Staff, EOUSA), and A.M. Villafafia regarding filing of Petitioners' suit, with attached Draft of Villafafia Declaration and initial Petition (DE1) (NB: Privilege is not being asserted for second attachment (DE1). Attachment was prepared by petitioners and is not being produced because it is within their custody and control.) Work Product Deliberative Process P-015025 thru P-015028 7/8/2008 email from A.M. Villafafia to D. Lee, A. Acosta, and J. Sloman regarding victim notification letter provided to counsel for I Epstein on 11/28/2007 with attachment (NB: The 11/28/2007 email to J. Lefkowitz with attachment will be produced to petitioners' counsel contemporaneously with the filing of this lo Work Product Deliberative Process P-015029 thru P-015034 7/7/2008-7/8/2008 emails between A.M. Villafafia and D. Lee regarding background of J. Epstein investigation, negotiations, and victim notifications, and forwarding earlier emails related to Lee uestions Work Product Deliberative Process Attorne -Client Privilege Page 3 of 7 EFTA00211434 Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 4 of 7 Bates Ran e Descri tion Privile s Asserted P-015035 thru P-015062 7/8/2008-7/9/2008 emails between A.M. Villafafia, J. Sloman, D. Lee, A. Acosta, K. Atkinson, K. Herd, K. Neal, K. Manning, and W. Jacobus regarding response to Jane Doe suit, procedure for filing, and internal office policies Work Product Deliberative Process P-015063 thru P-015069 7/11/2008-7/14/2008 emails between D. Lee, A.M. Villafafia, K. Herd, K. Neal, A. Acosta, J. Sloman, and W. Jacobus re outcome of hearing in Jane Doe v. U.S. suit and contact from counsel for J. Epstein Attorney-Client Privilege Work Product Deliberative Process P-015070 thru P-015071 7/14/2008-7/15/2008 emails between A.M. Villafafia, E. Nesbitt Kuyrkendall, J. Richards, and T. Smith regarding FBI victim notifications and guidance regarding language to use and information to provide Attorney-Client Privilege P-015072 thru P-015074 7/17/2008 email from J. Sloman to A. Acosta, A.M. Villafafia, K. Atkinson, and Dexter Lee with attached draft of letter to M. Tein regarding misrepresentations in filings on behalf of J. Epstein in civil suits Work Product Deliberative Process P-015075 thru P-015081 7/18/2008-7/21/2008 emails between A.M. Villafafia, J. Sloman, E. Nesbitt Kuyrkendall, J. Richards, D. Lee, and K. Atkinson regarding preparation of victim notification letters, victim contact list, filing of victim notification letter in a civil proceeding, and contact by B. Edwards with one victim opining that sentence imposed was insufficient Attorney-Client Privilege Work Product Investigative Privilege P-015082 thru P-015084 7/21/2008 emails between A.M. Villafafia, J. Sloman, R. Senior, D. Lee, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding ongoing victim notification process and Epstein filings in state court litigation related to federal grand jury investigation Work Product Attorney-Client Privilege Deliberative Process 6(e) P-015085 thru P-015090 7/22/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding 7/21/2008 letter from M. Tein announcing plan to stay the civil suits against J. Epstein and notification that B. Reinhart is counsel of record for S. Kellen in civil suits (NB: Tein letter is being produced to petitioners' counsel concurrently with production of this privilege log) Work Product Attorney-Client Privilege Deliberative Process Page 4 of 7 EFTA00211435 Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 5 of 7 Bates Range Description Privilege(s) Asserted P-015091 thru P-015092 7/22/2008 emails between A.M. Villafafia and E. Nesbitt Kuyrkendall regarding ongoing victim notification process Attorney-Client Privilege 6(e) Investigative Privilege Privacy Act/TVPA/CVRA P-015093 thru P-015097 7/22/2008 emails between A.M. Villafafia, R. Senior, E. Nesbitt Kuyrkendall, J. Richards, and K. Atkinson regarding correspondence from J. Epstein counsel with attached draft response (NB: A final version of the letter has been produced.) Attorney-Client Privilege Work Product 6(e) Deliberative Process P-015098 7/23/2008 emails between A.M. Villafafia and D. Lee regarding correspondence with counsel for J. Epstein and notice of breach Work Product Deliberative Process 6(e) P-015099 7/25/2008 emails between A.M. Villafafia and K. Atkinson regarding extension of grand jury to allow for continued presentation of J. Epstein case 6(e) Work Product Deliberative Process P-015100 thru P-015116 8/2/2008 email from D. Lee to A. Acosta, J. Sloman W. Jacobus, and A.M. Villafafia summarizing status of Jane Doe United States I litigation and requesting views on making certain disclosures to counsel for petitioners with attached pleading filed by petitioners (DE19) (NB: Privilege is not being asserted for attachment. Attachment was prepared by petitioners and is not being produced because it is within their custody and control.) Work Product 6(e) Deliberative Process P-015117 thru P-015135 8/5/2008 email from A.M. Villafafia to A. Acosta, J. Sloman, R. Senior, and K. Atkinson regarding analysis of Jeffrey Epstein agreement, with attached 6/24/2008 email from A.M. Villafafia to R. Black and J. Goldberger and attached Epstein agreement. (NB: Privilege is not being asserted for the two attachments. The 6/24/2008 email will be produced to petitioners' counsel contemporaneously with the filing of this log, and the Agreement has previously been produced to petitioners pursuant to an earlier Court order.) Work Product Deliberative Process Page 5 of 7 EFTA00211436 Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 6 of 7 Bates Range Description Privilege(s) Asserted P-015136 thru P-015172 8/13/2008-8/15/2008 emails between A. Acosta, K. Atkinson, R. Senior, J. Sloman, D. Lee, and A.M. Villafafia regarding scope of Epstein agreement and correspondence and telephone conference with J. Leflcowitz (NB: Emails to and from J. Lefkowitz and R. Black have been produced to Petitioners' counsel) Work Product Deliberative Process Attorney-Client Privilege P-015173 thru P-015186 8/25/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, K. Atkinson, and D. Lee regarding letter received from J. Leflcowitz (NB: Leflcowitz letter has been produced to Petitioners' counsel) Work Product Deliberative Process Attorney-Client Privilege P-015187 thru P-015194 8/20/2008-8/26/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, and K. Atkinson re draft response to J. Leflcowitz and draft amended victim notification letter (NB: Final version of letter to Lefkotiz and Black has been produced to Petitioners' counsel) Work Product Deliberative Process P-015195 thru P-015198 9/2/2008 emails between A.M. Villafafia, D. Lee, R. Senior, and J. Sloman regarding revised victim notification Work Product Deliberative Process Attorney-Client Privilege P-015199 thru P-015206 9/17/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Senior, D. Lee, K. Atkinson, and R. Garcia regarding efforts by Palm Beach Daily News to unseal NonProsecution Agreement that had been filed in state court (NB: Emails from Counsel for Daily News and from State Attorney's Office have been produced to Petitioners' counsel) Work Product Deliberative Process Attorney-Client Privilege P-015207 thru P-015213 9/17/2008 email from A.M. Villafatia to A. Acosta, J. Sloman, R. Senior, D. Lee, and K. Atkinson regarding attached letters from J. Herman alleging that victim notifications violated Bar ethics rules (NB: Redacted versions of the letters have been produced to Petitioners' counsel) Work Product Deliberative Process Privacy Act/TVPA/CVRA P-015214 thru P-015226 9/29/2008 correspondence to Florida Bar Ethics Counsel regarding victim notification letters and allegation of ethics violation for distribution of letters with attached proposed victim notification letters Work Product Relevance Florida Bar Privacy Rules Page 6 of 7 EFTA00211437 Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 7 of 7 Bates Range Description Privilege(s) Asserted P-015227 thru P-015233 10/18/2008-10/20/2008 emails between D. Lee, A. Acosta, J. Sloman, and A.M. Villafafia regarding correspondence with B. Edwards discussing changes to understanding of portions of Non-Prosecution agreement and victim notifications Work Product Deliberative Process P-015234 thru P-015238 11/4/2008 correspondence from Florida Bar Ethics Counsel regarding Florida Ethics Rules involved in distributing victim notification letters. Work Product Relevance Florida Bar Privacy Rules P-015239 thru P-015263 11/26/2008 emails between A.M. Villafafia, J. Sloman, and R. Senior regarding email from R. Black about work release (NB: Email from R. Black has been produced to Petitioners' counsel) Work Product Deliberative Process P-015264 thru P-015267 12/4/2008 emails between E. Nesbitt Kuyrkendall and A.M. Villafafia regarding attempts to send victim notification letters overseas via Legal Attaches and unrelated Epstein financial issue Attorney-Client Privilege Work Product Investigative Privilege Privacy Act/TVPA/CVRA Page 7 of 7 EFTA00211438