EFTA00213783.pdf

# S US EFTA00213783 U.S. Department of Justice United States Attorney Southern District of Florida SOO South Australian Avenge, Sumo 400 Wed Palm 13 Flair& 33401-6235 ht Fax May 14, 2007 VIA HAND DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger &: Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401-5015 Dear Mr. Goldberger: Thank you for your letter of May 10, 2007, and the documents attached thereto. I have enclosed another copy of the grand jury subpoenas that were provided to Bruce Lyons, former counsel for Hyperion and JEGE,. on April 25, 2007. The time for responding has passed, so please provide the requested documents as soon as possible. Please also have the Custodians of Records of the Corporatt the BusinessReconis Certifications and InventoryForms and return everything to Special Agen at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beac 5933. Thank you for your assistance with this matter. By: Enclosures cc: Special Agen FBI Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Assistant United States Attorney 1:16605 EFTA00213784 imii••••••• United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records Hyperion Air, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY PGJ 07-103(WPB)-Tues./No. OLY-46 SUBPOENA FOR: PERSON ri DOCUMENTS OR OBJECT(S1 YOU ARE HEREBY COMMANDED to appear and testify before the GrandJury of the United States District Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401. ROOM: Grand Jury Room DATE AND TIME May 8, 2007 1:00 pm* YOU ARE AISO COMMANDED to bring with you the following document(s) or object(s): All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or filed with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 1/1/2003 to 12/31/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, and the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance with this subpoena and confirm the date and time , and location of our appearance with Special Agent-Federal Bureau of Investigation, Telephone: This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. C1ERK (RY)DEPITTY CLERK DATE: Apia 24, 2007 This subpoena is issued upon application ofthe lni Nam, Address and Phone Number of Assistant US. Attorney Ann Marie C. Villafaita, Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West PalmBeach, FL 33401.6235 Tel: Fax: 'If no! applies* ever "nom." io lamed le Si of ACM0 FORM ORD-227 JAN.86 GROG EFTA00213785 U.S. Department of Justice United States Attorney Southern District of Florida S00 Au:waist:AK, WS 400 SW FL 334014235 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand Jury/Trial in the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted at trial through the declaration of a custodian, if they are provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand Juryltrial at the time and place specified by completely filling out the attached Certification and immediately returning it with the records to Special Agent FBI et the following address: Federal Bureau of Investigation 505 South Flagler Drivo, Ste. 500 West Palm Beach, Florida 33401.5923 EARLY VOLUNTARY TURNOVER•' Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date Is prior to May 8. 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY OHO EFTA00213786 It. CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with In the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from information transmitted by, a person with knowledge of those matters; 2. kept in the course of regularly conducted business activity; and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing Is true and correct. Date of execution: • Place of execution: Signature: DBBDB EFTA00213787 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 00609 EFTA00213788 United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records MB, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Tues./No. OLY-47 SUBPOENA FOR: PERSON DOCUMENTS OR OBJECTS) YOUARE HEREBY COMMANDED to appearandtestify before the Grandrury of theUnited StatesDistrict . Court at the place, date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 ROOM: Cirand Jury Room DATE AND TIME: May 8,2007 1:00 pm° YOU ARE ALSO COMMANDED to bring with you the following document(s) or objets*); AR income tax returns, balance sheets, regulatory things, minutes of board of directors meetings, and documents required by or tiled with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 1/1/2003 to 12131/2005. For the period 1/1/2003 to the present, the names of all employees, copies of all W-2s for all employees, aad the names of all corporate directors, board members, and shareholders. *Please coordinate your compliance • confirm the date and time, and location of with Special Agent ederal Bureau ofInvestlgation, Telephone: This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. CLERK (BY) DEPUTY CLERK This subpoena is issuv.1 upon application DA7B: Apnl 24, 2007 Name, Address sad Phone Number of Assistant U.S. Attorney Ann Maxie C. Villa fans, Assistant U.S. Attorney 500 So. AustraticaAvenue, Suite 400 Tea: Ft= West Palm Be FL 334014235 no app To be swab IlnatA0110 FORM ORD.227 JAN.86 OBEID EFTA00213789 U.S. Department of Justice United States Attorney Southern District of Florida 500 S dartrallan An. &di. 400 Wal Pak &ea, FL 33401-6235 APPEARANCE NOTICE The attached subpoena requires the production of th e records specified to a Federal Grand Jury/Trial in the Southern District of Florida. A new provision of the Federal Rules of Evidence provides that routine business records may be admitted arida; through the-declaration of a custodian, if they are provided sufficiently in advance of trial to allow an opportunity for any challenges to their authenticity. Therefore, you may be able to avoid appearing personally at the grand jury/trial at the time and place specified by completely filling out the attached Certification and immediately returning It with the records to Special Agent BI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, Ste. 500 West Palm Beach, Florida 33401-5923 gARLY VOLUNTARY TURNOVER Please note that we are requesting an early voluntary turnover of the materials subpoenaed. The early voluntary turnover date is prior to Mav 8. 2007. BY: Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT UNITED STATES ATTORNEY HMI EFTA00213790 CERTIFICATION OF BUSINESS RECORDS I, the undersigned, , declare that I am: employed by/associated with in the position of and by reason of my position am authorized and qualified to make this declaration. In my employment with the above-named bank/company I am familiar with the business records it maintains. The above-named bank/company maintains records of Its business which are: 1. made at or near the time of the occurrence of the matters set forth therein, by, or from information transmitted by, a person with knowledge of those matters; 2, kept in the course of regularly conducted business activity, and 3. made by the regularly conducted activity as a regular practice. Among the records so maintained are the attached records Itemized in Appendix A, Inventory of Documents. I declare under penalty of perjury that the foregoing Is true and correct. Date of execution: Place of execution: Signature: 06812 I EFTA00213791 i I.mil•P•m APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06813 , EFTA00213792 Ob/lb/XUUY 10:D1 tAA DOhousanal U.S. Department ofJustice United States Attorney Southern District of Florida .500 South Australian Ara, Suits 400 West Palm Beach, FL 35401 Facsimile: May 15, 2007 VIA FAC,SIMITS Jack A. Goldberger, Esq. Atte:bury, Goldberger & Weiss, PA. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Death, FL 33401-5015 Re: Subpoenas to JEGE, Inc. andllypetion Air. Inc Dear Mr. Goldberger: It was a pleasure speaking with you today. As we discussed, the deadlines for complying with the subpoenas to JEGE, Inc. and Hyperion Air, Inc. have been extended to May 29, 2007. If there are any categories for which no documents exist, please ask the Custodian of Records to provide a certificate of nonexistence of records. Also, following our conversation I received a voicemail from Lilly Ann Sanchez addressing the subpoenas. Since you have provided awritten statement that you represent JEGE and Hyperion, I will assume that you alone serve as their counsel unless you tell me otherwise. With that in mind, pursuant to Rule 6(c), I do not intend to discuss matters related to these subpoenas with other attorneys. . cc: Thank you again for your assistance, ,FBI By: Sincerely, R. Alexander Acosta Uni • States A m Assistant United States Attorney EFTA00213793 U.S. Department of Justice United States Attorney Southern District of Florida 100 South Australian Aram. ado 400 Wog Paha !loath, north' 3340i4235 Tea lc! June , 2007 Jack Alan Goldberger, Esq. Atterbury Goldberger et al 250 South Australian Ave. Suite 1400 West Palm Beach, FL 334015-5015 Re: Subpoenas to 1B(3E, Inc. and Hyperion Air, Inc. Dear Mr. Goldberger. Thank you for your response to the subpoenas issued to JEGE, Inc. and Hyperion Ai; Inc. In the responses from each company, there are no lists of the corporate directors, board members, and shareholders (with the exception of the JEGE IRS Fonn 2553 and Hyperion Share Certificate). Please ask the Custodian of Records to provide a list of all corporate directors, board members, and shareholders from January 1, 2003 to the present Please also ask the Custodian of Records to confirm that there are no records of any board of directors meetings that Declined between January 1, 2003 and December 31, 2005. Thank you again for your assistance. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY B)11110111 Assistant tilted States Attorney EFTA00213794 Jack Goldberger From: Sent: To: Subject: Read carefully the GJ suspension portion of the non pros agreement. It says upon signing the non pros agreement and A PLEA AGREEMENT with SAO all pending GJ subpoenas will be held in abeyance. Doesn't that imply that when we sign plea agreement with state this week the new al subpoenas that are out now go into abeyance status also From: Sent: Tuesday, June 24, 2008 4:16 PM To: Roy BLACK; Jack Goldberger (USAFLS) Subject: Jeffrey Epstein Agreement Dear Roy and Jack: am just writing to re-state that it is the Government's position that we have a signed, binding agreement and that there is no need for further modification. Please keep us informed of the date and time of the change of plea and sentencing. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 3340] Phone Fax EFTA00213795 JUI4.27.2208 3:39PM LEPO WPB FL - . M0.324- P.2 U.S. Department of Justice United Sums Attorney Southern District of Florida SOO South Australian Ave, State 400 West Palm Beach. FL 33401 Facsimile: June 27, 2008 VIA FACSD/LILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 • 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: ateetiEiRellitt Dear Messrs. Goldberger and Black: I write to follow up on my e-mail correspondence of June 24 and June 26, and my message this morning. As of 3:15 pm., Friday, June 27, 2008, the Office still has not received a copy of a proposed plea agreement between Mr. Epstein and the State Attorney's Office, nor has the Office received notice of a date and time for a change of plea. As you know, the Non-Prosecution Agincourt between Mr. Epstein and the Office called for Mr. Epstein to plead, be sentenced, and begin serving his sentence not later than January 4, 2008—almost six months ago. The Office has continued that deadline to allow /qr. Epstein to raise various issues with the Department of Justice, but repeatedly advised that, once those appeals were completed, Mr. Epstein would need to perform the terms of the agreement within a short window thereafter. Now that those appeals have been exhausted, we promptly informed counsel for Mr. Epstein that he must enter his plea, be sentenced, andbegin serving his sentence by 5:00 on Monday, June 30, 2008, This week I have sent two e-mails and left a message with Mr. Black's receptionist asking for the date and time of the change of plea and for a copy of the proposed plea agreement between Mr. Epstein and the State Attorney's Office in accordance with the terms of the Non-Prosecution Agreement. I have received no response to any of those requests. EFTA00213796 JUN.27.2009 3:39PM USAO WPB FL NO.324 P.3 JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JOKE 27, 2008 PAGE 2 OF 2 I have received correspondence from counsel for a witness asking to cancel or continue the witness's appearance because he "understand[s] that there has been a recent development with respect to Mr. Epstein in that he intends to plead guilty in Florida state court on Monday pursuant to a deferred prosecution agreement with your office that has already been executed" and that he has "learned from Mr. Epstein's attorney that the plea is scheduled to take place on Monday morning." I also understand that there is an envy on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is amaterial term of the Non-ProsecutionAgreementthatthe United States shall have the right to review the terms of any agreements between Epstein and the State Attorney's Office prior to entering into those agreements. If, indeed, the change of plea is set for 8:30 Monday morning, the agreement with the State Attorney's Office must be provided to the Office by 4:30 today to allow adequate time to review and comment. Failure to provide this opportunity shall be deemed a breach of the Agreement. Accordingly, I again ask that you provide me with a copy of the Plea Agreement with the State Attorney's Office and notification of the date and time of the change of plea. Thank you. CO: AUSA By: Sincerely, R. Alexander Acosta s tUnited StatesAttorney EFTA00213797 SUN.27.2009 5:55PM USAO WPB FL NO.329 P.2 U.S, Department of Justice United States Attorney Southern District of Florida SOO South Atairdtan Ave., Suite 400 st P n Beech FL 33401 Facsimile: June 27, 2008 EAJAMLatallakeMQUICIASU A Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Komspan Be Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, PI. 33131 Re: Jaffrey Epstein Dear Messrs. Goldberger and Black: Thank you for providing me with the proposed plea agreement between Mr. Epstein and the State Attorney's Office. The U.S. Attorney's Office hereby provides Notice that the proposed sentencing provision does nel comply with the terms of the Non-Prosecution Agreement. The second sentencing paragraph of the proposed plea agreement reads: On 08CF009381AMB, the Defendant Is sentenced to 18 months Community Control 1 (onel. As a special condition of this Community Control the Defendant must serve the first 6 months in the Palm Beach County Detention Facility The Non-Prosecution Agreement specifically provides: 'Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges„ viihnatzazin ear *lieu of imprisonment. Thus, the proposed plea agreement with the State Attorney's Office does not comply with the terms of the Non-Prosecution Agreement To comply with the Agreement, Mr. Epstein must make a binding recommendation of eighteen months imprisonment, which means confinementtwenty-four EFTA00213798 JUN. 27. 2008 5: 550r1 WPB FL JACK GOLDBEROBR, ESQ. ROY BLACK. ESQ. JUNE 27, 2008 PACE 2 OF 2 hours a day at the County Jail, and thejudge must accept that rocommendation, Community control must follow that term of incarceration. Secondly, wo have not been provided with a copy of the Information filed in ease number 08CF00938IAMB. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not aemagg procurement. Accordingly, please provide me with a copy , oldie Information at your earliest opportunity, will be avai !able viae-mail throughout the weekend or you may roach me on my cell phone a . Thank you. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney AUSA EFTA00213799 Jack Goldberger From: Sent: To: Cc: Subject: From: Sent: ri To: Jack Goldberger; Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification Itr.pdf» Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax EFTA00213800 Jack Goldberger From: Sent: To: Subject: not a problem. Wow From: Sent: Sat 6/28/2008 11:31 AM To: -ck.G W/b r ere Cc: (USAFLS); Subject: Re: Notice of Non-Compliance Dear Jack: I have conferred with a state court practitioner who stated that there is nothing that prohibits you from agreeing to a consecutive six- month sentence of incarceration followed by one year of community control as specified in the non-prosecution agreement. If you elect to proceed with the plea agreement as currently drafted, we ask that you insert the word "imprisoned" following the words "six months" in the second sentencing paragraph. Please confirm that this change is acceptable. Thank you. — Original Message -- From: Sent: Fri 6/272008 5:45 PM To: Jack Goldberger; Roy BLACK Cc (USAFLS) Subject Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. «080627 Goldberger Black notification Itr.pdf» EFTA00213801 Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax 2 EFTA00213802 Jack Goldberger On Jun 30, 2008, at 5:16 PM, wrote: From: Sent: To: Subject: Jack: The FBI has received several calls regarding the Non-Prosecution Agreement. I do not know whether the title of the document was disclosed when the Agreement was filed under seal, but the FBI and our office are declining comment if asked. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax EFTA00213803 U.S. Department of Justice United Slates Attorney Southern District of-Florida 500 South Australian Ave., Suite 400 it FL 33401 cases e.• June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00213804 U.S. Department of Justice United Stoles Attorney Southern District of Florida 500 South Australian Ave., Suite 400 L 33401 Facsimile: June 30, 2008 NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations ofF lorida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454A)OCXMB and 2008-cf- 009381AX:O(MB) and was sentenced to a term of twelve months' imprisonment to be followed by eighteen months' of Community Control 1, the first six months of which must be served imprisoned at the Palm Beach County Detention Facility. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. :Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the. same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Initials of Jeffrey Epstein Initials of Jack Goldberger EFTA00213805 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30, 2008 PAGE 2 OF 3 Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as a victim of an enumerated offense. Identified Individuals III R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By:. ASSISTANT U.S. ATTORNEY ACKNOWLEDGMENT I have received this Notification from my attorney, Jack Goldberger, Esquire, have read it and discussed it with my attorney, and I hereby acknowledge that it accurately sets forth my understanding and agreement with the Office of the United States Attorney for the Southern District of Florida regarding the notification and rights of identified victims. I Initials of Jeffrey Epstein Initials of Jack Goldberger EFTA00213806 NOTIFICATION OF IDENTIFIED VICTIMS JUNE 30.2008 PAGE 3 OF 3 understand that an exact copy of this Notification will be provided to each identified individual, except that the names of all other identified individuals will be redacted, and I hereby waive any evidentiary challenges to the # introduction of a copy of this document—even ¶in redacted form—insany judicia! proceeding bettlen any identified individual d myself. i 4 1 4 i t. f Al bated: I I I 4 1 1 I i y Epstein , i j # 1 f if 4 I fi i Withessed by: t f ' i Jack GoldbergeEsquire I i I I , I 0 EFTA00213807