EFTA00289757.pdf

w S US EFTA00289757 t U.S. Department of Justice United States Attorney Southern District of Florida 500 Scut% ihaunlian Aram, SIM 400 Was Pals: Beach, Ibrido 33401-6235 rib (560 820-8711 Fa (561) 820-8777 May 14, 2007 VIA HAM DELIVERY Jack A. Goldberger, Esq. Atterbury, Goldberger St.. 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 Corporations complete the Business Records Certifications and InventoryForms and return everything to Special Agent Kuyrkendall at the Federal Bureau of Investigation, 505 South Flagler Drive, Suite 500, West Palm Beach, FL 33401- 5933. Thank you for your assistance with this matter. Sincerely, It ALEXANDER ACOSTA UNITED STATES ATTORNEY ssistant nit tatesAttorney Enclosures cc: Special Agent la FBI OBBO5 EFTA00289758 United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records Hyperion Air, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY HGJ 07-103(WPB)-TitesiNo. OLY-46 SUBPOENA FOR: n PERSON DOCUMENTS OR OBJECT[Sj YOU ARE HEREBY COMMANDED to appear and testify before the GrandJury ofthe 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 I:00 pm* YOU ARE ALSO COMMANDED to bring with you the following doownent(s) or °blea(s): All income tax returns, balance sheets, regulatory filings, minutes of board of directors meetings, and documents required by or flied with the Internal Revenue Service and/or the State of Delaware referring or relating to the period of 111/2003 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. CLERK (BY)DEP'JTY CLERK This subpoena is issued upon application 0 DATE: April 24, 2007 N Address and Phone Number of Assistant U.S. Attorney Assistant U.S. Attorney 500 . ustralian Avenue, Suite 400 West PalmBeacb, FL 33401.6235 Tel: • If nee appNable, niter 'none." TolcoodMI:otAtilio FORM ORD-227 JAN26 0660B1 EFTA00289759 U.S. Department of Justice United States Attorney Southern District of Florida SOO .1 Aiotralim Am.Suite 400 WW Palm Brock FL 31401-6235 (561)8204W 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 jury/trial at the time and place specified by completely filling out the attached Certification e to and immediately returning it with the records to Special Agent FBI at the following address: Federal Bureau of Investigation 505 South Flaglor Drive, 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 ASSISTA UNITED STATES ATTORNEY 06607 EFTA00289760 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: 066061 EFTA00289761 APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: mons EFTA00289762 United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records MOE, Inc. SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-Tucs./No. OLY-47 SUBPOENA FOR: El PERSON DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appear and testify before the GrandIury 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 Roan DATE AND TIME: May 8, 2007 1:00 pm* YOU ARE ALSO COMMANDED to being with you the following docoment(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 sub Dena and confirm the date and time , and location of 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. (BY) DEPUTY CLERK This subpoena is issued upon application •If not ap$kabk, enter "none DAM Apnl 24, 2007 Nam Number of Assistant U.S. Attorney Assistant U.S. Attorney venue, Suite 400 Wes -6235 Tel: Fax: Tr bc osedolcuakOli0 FORM ORD•227 JAN26 OHIO EFTA00289763 U.S. Department of Justice United States Attorney Southern District of Florida 500 S. .4satratian Ave-, Sufic 400 West Pet Beach. FL 33O1.6735 WM820-8711 APPEARANCE NOTICE The attached subpoena requires the production of the records specified to a Federal Grand JuryfTrial 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 jury/trial at the time and place specified by completely filling out the attached Ce and Inventory and immediately returning it with the records to Special Agen FBI at the following address: Federal Bureau of Investigation 505 South Flagler Drive, 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. Sincerely. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY BY: ASSISTANT UNITED STATES ATTORNEY 06611 EFTA00289764 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: 66612 EFTA00289765 •••••••P • APPENDIX A DOCUMENT INVENTORY The documents submitted are as follows: Signature of Records Custodian: 06613 j EFTA00289766 VOIAD/XUU7 10:01 NIA 09/0904409, •• U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Back FL 53401 (561) 820.8711 Facsimile: OW 820-8777 May 15, 2007 VIA FACSIMILE . Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Subpoenas to JEGE. Inc. and2voeriouAir.lnc. 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, be. 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 Ireceived a voicanail from Lilly Ann Sanchez addressing the subpoenas. Since you have provided a written statement that you represent MOE 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(e), I do not intend to discuss matters related 3o these subpoenas with other attorneys. . Thank you again for your assistance, cc: Sincerely, R. Alexander Acosta Assistant mt a es Attorney EFTA00289767 U.S. Department %f Justice United States Attorney Southern District of Florida 500 Sotoh ounralton Avenue, SUM 400 Rot Pala Bead, Moeda 114014215 IW: (561) 8204711 Far (561) 820477? let 2007 Jack Alan Goldberger, Esq. Attcrbury Goldberger ct al 250 South Australian Ave. Suite 1400 West Palm Beach, FL 334015-5015 Re: Subpoenas to JEGE, be. and Hyperion Air, Inc. Dear Mr. Goldberger Thank you for your response to the subpoenas issued to JEGE, Inc. and Hyperion Air, bc. 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 Form 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 occurred between January 1, 2003 and December 31, 2005. Thank you again for your assistance. Sincerely, B. ALEXANDER ACOSTA UNITED STATES ATTORNEY Assistant United Stag Attorney EFTA00289768 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 G1 subpoenas that are out now go into abeyance status also From: (USAFLS) Sent: Tuesday, June 24, 2008 4:16 PM To: Roy BLACK: Goldberger Cc: Subject: Jeffrey Epstein Agreement Dear Roy and Jack: I 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 33401 EFTA00289769 JUN.27.2009 3:39PM USA0 WPB FL NO.324 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Fab, Beach, FL 35401 (561) 8204711 Facsimile: (361)820-8777 June 27, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbtuy, Goldberger & Weiss, P.A. One Clearlako Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Mini, FL 33131 Re: Jeffraapetain 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 p.m., 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 fora change of plea. As you know, the Non-Prosecution Agreement 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 Mx. 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, and begin 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 reoeptionist 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. EFTA00289770 JUN.27.2003 3:39PM uSRO WPB FL NO. 324 P.3 -- JACK GOLDBERGER, ESQ. ROY BLACK, ESQ. JUNE 27, 2008 PAOB 2 of 2 I have received correspondence from counsel for a witness asking to csneP1 or continue the witness's appearance because he "underatand[s] that them 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 be 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 entry on Judge McSorley's docket that a hearing is scheduled for 8:30 a.m. on Monday. Both parties have agreed that it is a material term of theNon-Prosecution Agreement thatthe 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. It indeed, the change of plea is set for 8:30 Monday morning. the agreement with the State Attorney', 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. cc: AUSA By: Sincerely, R. Alexander Acosta Assistant United States Attorney EFTA00289771 IUN.27.2008 5:55PM USAO leB FL NO.329 P.2 _ • - U.S. Department of Justice • United States Attorney Southern District of Florida 500 South Australian Aw„ Suite 400 West Palm Beach, FL 33401 (161)820-8M Faasinotle: (560 8204777 June 27, 2008 yiLEAQSMILEANQELECOMQ241 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 Srebniok Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Jeff:2y 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 Rol comply with the terms of the Non-Prosecution Agreement, The second sentencing paragraph of the proposed plea agreement reads: On 08CF00938 IAMB, the Defendant is sentenced to 18 months Community Control 1 (one). 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 without probation or community control in 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 confinement twenty-four EFTA00289772 101.27.2008 5:55PM USPO WP8 fL NU.see JACK GOLDBERGER, ESQ. ROY BLACK. ESQ, JUNE 27.2008 PAOE 2 OF 2 hours a day at the County Jail, and theJudge must acceptthat rocommendation. Community control must follow that term of incarceration. Secondly, wo have not been provided with a copy of the Information filed in case number 08CF00938 I AM'S. I want to confirm that Mr. Epstein is being charged with the substantive offense of procuring minors to engage in prostitution, not Attempted procurement. Accordingly, please provide me with a copy of the Information at your earliest opportuni v i !able via amai I throughout the weekend or you may reach me on my coil phone at Thank you. cc: AUSA By: Sincerely, R. Alexander Acosta United States Attorney Assistant United State; Attorney EFTA00289773 Jack Goldberger From: Sent: To: Cc: Subject: sa, sit From: (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Jack Goldberger; Roy BLACK Cc: 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 EFTA00289774 Jack Goldberger From: Sent: To: Subject: not a problem. row From: (USAFLS) (mailto Sent Sat 6/2W2008 11:31 AM To: Cc: 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 — Sim From: (USAFLS) Sent: Fri 6/27/2008 5:45 PM To: Jack Goldber er Ro BLACK Cc: Subject: Notice of Non-Compliance Dear Messrs. Goldberger and Black: Please see the attached Notification Letter. <<080627 Goldberger Black notification Ittpdf>> EFTA00289775 ••••m••• Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 t 2 EFTA00289776 Jack Goldberger From: Sent: To: Subject: On Jun 30, 2008, at 5:16 PM, wrote: Jack: uUSAr•Ls\>" SINS 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 1 EFTA00289777 U.S. Department of Justice Untied States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (361) 820-8711 Facsimile: (561) 820-8777 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. EFTA00289778 U.S. Department of Justice United States Attorney Southern District of Florida SOO South Australian Ave., Suite 400 West Palm Beach, FL 33401 (56i) 820-8711 Facsimile: (56!) 820-8777 . 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 of Florida 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-009454AX3CKMB and 2008-cf- 00938 IAXXXMB) 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 EFTA00289779 NOTIFICATION OF IDENTIFIED VICTIMS Juris 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 R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: ASSISTANT U. .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 EFTA00289780 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 lin redacted form—inliany judicial proceeding bettien any identified individualrid myself. 4 I i ; i •Dated: 4 e i 4 glefffrey Epstein! 1 1 1 I 1 1 1i I I Wilthessed by: t I.* i I I a I Jack Goldbergersquire EFTA00289781