EFTA00212731.pdf

(Rev 06/005)Sealed Document t racking I.omi UNITED STATES DISTRICT COURT Southern District of Florida Case Number: 08-8073e-Clv-Mana/Johnson Jane Doe #1 and Jane Doc 42 I United States SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal Name: Dexter Lee, U.S. Attorney's Office Address: 99 NE 4th Street, Went FL 33131 Telephone: 305.881.9001 On behalf of (select one): Date sealed document filed: 4/812011 K Plaintiff El Defendant If sealed pursuant to statute, cite statute: If sealed pursuant to previously entered protective order, date of order and docket entry number: The matter should remain sealed until: K Conclusion of Trial K Case Closing Other: Further Order et the Court r4 K Arrest of First Defendant K Conclusion of Direct Appeal K Permanently. Specify the authorizing law, rule, court order: The moving party requests that when the sealing period expires, the filed matter should be (select one): ID Unsealed and placed in the public portion of the court file K Destroyed K Returned to the party or counsel for the party, as identified above a,x/cf-Ate Attorney for: paled States 01 America EFTA00212731 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOES #1 AND #2, Petitioners, I UNITED STATES OF AMERICA, Respondent. FILED UNDER SEAL APPENDIX TO UNITED STATES' RESPONSE IN OPPOSITION TO PETITIONERS' MOTION TO USE CORRESPONDENCE TO PROVE VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND TO HAVE THEIR UNREDACTED PLEADINGS UNSEALED [DE601 The United States, by and through the undersigned, hereby files its Appendix to its Response in Opposition to Petitioners' Motion to Use Correspondence to Prove Violations of the Crime Victim's Rights Act and to Have Their Unredacted Pleadings Unsealed. As set forth in the Government's Response (DE60), if the Court should grant the Petitioners' Motion to use the correspondence in these proceedings, then the United States respectfully requests that the Court unseal Petitioners' filings, DE48 and Exhibit A to DE48, only in redacted form. Attached hereto are the relevant portions of DE48 and Exhibit A to DE48 with the United States' proposed redactions. As explained in the United States' Response, the Petitioners do not oppose the redactions marked in blue. The Petitioners do oppose the redactions marked in red. Redactions that appear EFTA00212732 only in black were pre-existing (i.e., they were placed there either by Petitioners or by counsel for Jeffrey Epstein). By: Respectfully submitted, WIFREDO A. FERRER ED STASES ATTORNEY DEXTER A. L Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 41h Street Miami, Florida 33132 (305) 961-9320 Fax: (305) 530-7139 E-mail: dexter.lee@msdoj.gov Attorney for Respondent CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 7, 2011, a copy of the foregoing, with attachments thereto, was served via electronic mail on counsel for Petitioners set forth below. Because this document is being filed under seal, it could not be electronically filed with the Clerk of the Court using CM/ECF. RA. L Assistant U.S. Attorney 2 EFTA00212733 SERVICE LIST Jane Does 1 and 21. United States, Case No. 08-80736-CIV-MARRA/JOHNSON United States District Court, Southern District of Florida Brad Edwards, Esq., The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020 (954) 414-8033 Fax: (954) 924-1530 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.cdu Attorneys for Jane Doe # 1 and Jane Doe # 2 EFTA00212734 RELEVANT PORTIONS OF DE48 EFTA00212735 the case. See generally U.S. Attorney's Correspondence, Exhibit "A" to this filing (hereinafter cited as "U.S. Attorney's Correspondence" and referenced by Bates page number stamp). 4allialleoth Jane Doe #1 and Jane Doe #2 were victims of sexual assaults by Epstein while they were minors beginning when they were approximately fourteen years of age and approximately thirteen years of age respectively. Jane Doe #I, for example, provided detailed information about her abuse (and the abuse of Jane Doe #2) to the FBI on August 7, 2007. Exhibit "B." 5. More generallepstein operated a large criminal enterprise that used paid employees and underlings to repeatedly find and bring minor girls to him. Epstein worked in concert as part of the enterprise with others, including Ghislane Maxwell and Jean Luc Brunel, to obtain minor girls not only for his own ea sexual gratification, but also for the sexual gratification of oth Epstein had committed dozens and dozens of federal sex crimes against dozens of minor girls between 2001 and 2007. They presented information to the U.S. Attorney's Office for criminal prosecution. See Exhibit "B"; U.S. Attorney's Correspondence at 47-55. 6. On about June 7, 2007, FBI agents hand-delivered to Jane Doe #1 a standard CVRA victim notification letter. The notification promised that the Justice Department would makes its "best efforts" to protect Jane Doe #1's rights, including "Rifle reasonable right to confer with the attorney for the United States in the case" and "to be reasonably heard at any public proceeding in the district court involving . . . plea . . . ." The notification further explained that "[ajt this time, your case is under investigation." That notification meant that the FBI had identified Jane Doe #1 as a victim of a federal offense and as someone protected by the CVRA. Jane Doe #1 5 EFTA00212736 felony offenses and would serve only county jail time. Many of the negotiations are reflected in e-mails between Lefkowitz and the U.S. Attorney's Office. See generally Exhibit "A." 10. At the time of plea discussions, the U.S. Attorney's Office had an 82-page prosecution memorandum outlining numerous federal sexual offenses committed by Epstein, and had prepared a 53-page indictment for numerous federal offenses. The evidence supporting these charges was overwhelming, including the interlocking consistent testimony of several dozen minor girls, all made automatically admissible in a federal criminal sexual assault prosecution by operation of Fed. R. Evid. 414. U.S. Attorney's Correspondence at 4. 11. In September 2007, the U.S. Attorney's Office, in an effort to avoid prosecuting Epstein for his numerous sexual offenses against children, proposed to Epstein's attorneys that rather than plead to any charges relating to him molesting children, Epstein should instead plead 12. The correspondence also shows that the U.S. Attorney's Office was interested in fmding a place to conclude a plea bargain that would effectively keep the victims from learning what was happening through the press. The Office wrote in an e-mail to defense counsel: "On an 'avoid the press' note, I believe that Mr. Epstein's airplane was in Miami on the day of the Ms. Groff telephone call. If he was in Miami-Dade County at the time, then I can file the charge in the District Court in Miami, which will hopefully cut the press coverage significantly." The 7 EFTA00212737 RELEVANT PORTIONS OF EXHIBIT A TO DE 48 EFTA00212738