IN THE UNITED STATES DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RADAR ONLINE LLC and JAMES ROBERTSON, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. Civil Action No. 1:17-cv-03956-PGG Exhibit A EFTA00024032 3/9/2021 EMailCorrespondence.t9m1 ----START MESSAGE---- Subject: cFOIA Request Received Sent: 2017-04-20118:49:46.543923+00:00 Status: pending Message: Organization Representative Information Organization Name The National Enquirer Prefix First Name James Middle Name Last Name Robertson Suffix Email [email protected] Phone 2127436555 Location United States Domestic Address Address Line 1 4 New York Plaza Address Line 2 2nd Floor City New York State New York Postal 10004 Agreement to Pay file://hqrd-sfile-fdps/FDPS_Repository/EFOIA/2195/EMailCorrespondence.Mml 1/2 EFTA00024033 3/9/2021 EMailCorrespondence.html How you will pay I am requesting a fee waiver for my request and have reviewed the FOIA reference guide. If my fee waiver is denied, I am willing to pay additional fees and will enter that maximum amount in the box below. Allow up to $ 99.999 Proof Of Affiliation for Fee Waiver Waiver Explanation Documentation Files The National Enquirer is a news organization. Under 5 U.S.C. § 552(a)(4)(A)(iii), the Enquirer is entitled to a fee waiver because disclosure of the information sought is in the public interest, is likely to contribute significantly to public understanding of the operations or activities of the government, and is not primarily in the commercial interest of the requester. Non-Individual FOIA Request Requestlnfonnafion Expedite Expedite Reason ----END MESSAGE ----Please see attached pdf for the National Enquirer's FOIA request concerning the investigation and prosecution of financier Jeffrey Epstein in 2005 and 2006 for crimes relating to sexual trafficking of minors. This request has been the subject of the request is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity which affects public confidence. Specifically; the issue of whether Mr. Epstein's wealth and connections secured him favorable treatment by the DOJ. Given that a civil defamation trial between one of Epstein'S victims and his alleged co-conspirator, Ghislaine Maxwell, has just begun, the topic is of renewed interest to the public and therefore is worthy of expedited processing. file://hqrd-sfile-fdps/FDPS_Repository/EFOIA/2195/EMailCorrespondence.html 2/2 EFTA00024034 ENQUIRER April 20, 2017 VIA FOIA PORTAL TO: Federal Bureau of Investigation FROM: James Robertson Senior Managing Editor The National Enquirer 4 New York Plaza (2s Floor) New York, NY 10004 (212) 743-6555 Dear Sir or Madam, I am a reporter and editor for The National Enquirer. I request records under the provisions of the Freedom of Information Act, 5 U.S.C.§ 552. Request The Enquirer seeks all documents relating to the FBI's investigation and prosecution of financier Jeffrey Edward Epstein, who pled guilty to one count of felony solicitation of prostitution in August 2006. Back ground Jeffrey Epstein is a billionaire financier, philanthropist, and sex offender. In 2005, Epstein became the subject of an undercover sex trafficking investigation by Palm Beach, Florida police and the FBI. Dozens of underage women claimed that they had been trafficked by Epstein to perform sexual acts on him as well as his friends. Many prominent political figures have been connected to Mr. Epstein's child-trafficking ring, including former President Bill Clinton and Prince Andrew of the British Royal Family. Links: (Bill Clinton) http://www.foxnews.com/us/2016/05/13/flight-logs-show-bill-clinton- flew-on-sex-offenders-jet-much-more-than-previously-lcnown.html; (Prince Andrew) https://www.theguardian.com/world/2015/jan/10/jeffrey-epstein-decade-scandal-prince- andrew Despite the gravity of his offenses, the Department of Justice agreed to allow Epstein to plead guilty to a single count of soliciting prostitution from an underage girl under Florida state law, and served only 13 months in prison. In addition, prosecutors agreed not to bring charges against Epstein's alleged co-conspirators. Page I of 3 EFTA00024035 ENQUIRER Link: https://www.theguardian.com/world/2015/jan/10/jeffrey-epstein-decade-scandal- prince-andrew Papers filed in a 2006 lawsuit alleged that Epstein surreptitiously recorded sexual activity between prominent individuals and underage girls for purposes of blackmail, leaving many to wonder whether potential blackmail material played a role in his light sentence: Link: http://www.ibtimes.com.au/prince-andrew-might-have-been-caught-tape-sex-slave- 1407641 Expedited Processing This request has been the subject of the request is of widespread and exceptional media interest and the information sought involves possible questions about the governments integrity which affects public confidence. Specifically; the issue of whether Mr. Epstein's wealth and connections secured him favorable treatment by the DOJ. Given the a civil defamation trial between one of Epstein's victims and his alleged co- conspirator, Ghislaine Maxwell, is about to begin, the topic is of renewed interest to the public and therefore is worthy of expedited processing. Certification The above information is true and correct to the best of my knowledge. Fee Waiver The National Enquirer is a news organization. Under 5 U.S.C. § 552(a)(4)(A)(iii), the Enquirer is entitled to a fee waiver because disclosure of the information sought is in the public interest, is likely to contribute significantly to public understanding of the operations or activities of the government, and is not primarily in the commercial interest of the requester. Electronic Records Please furnish all responsive records in electronic format. Further Correspondence All correspondence regarding this request can be directed to me at [email protected] Please be aware that under 5 U.S.C. § 552(a)(6)(A), a FOIA request is considered constructively denied after twenty business days. Page 2 of 3 EFTA00024036 ENQUIRER If you have any questions, do not hesitate to contact me. Thank you for your prompt attention to this request. Sincerely, James Robertson Senior Managing Editor Page 3 of 3 EFTA00024037 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RADAR ONLINE LLC and JAMES ROBERTSON, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. Civil Action No. 1:17-cv-03956-PGG Exhibit B EFTA00024038 U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 April 28, 2017 MR. JAMES ROBERTSON THE NATIONAL ENQUIRER 2ND FLOOR 4 NEW YORK PLAZA NEW YORK, NY 10004 FOIPA Request No.: 1372398-000 Subject: EPSTEIN, JEFFREY Dear Mr. Robertson: This acknowledges receipt of your Freedom of Information Act (FOIA) request to the FBI. The FOIPA number listed above has been assigned to your request. You submitted your request via the FBI's eFOIA system. ▪ We have reviewed your request and determined that it is compliant with the terms and conditions of the eFOIA system. You will continue to receive correspondence online. b70 We have reviewed your request and determined that it is not in compliance with the terms and conditions of the eFOIA system. Future correspondence will be mailed to you. You have requested records concerning one or more third party individuals. The FBI recognizes an Important privacy interest in the requested information. To continue processing your request regarding a third party, submit one of the following: (1) an authorization and consent from the individual(s) (i.e., express authorization and consent of the third party); (2) proof of death (i.e., proof that your subject is deceased); or (3) a justification that the public interest in disclosure outweighs personal privacy (i.e., a clear demonstration that the public Interest in disclosure outweighs personal privacy interests). In the absence of such information, the FBI can neither confirm nor deny the existence of any records responsive to your request, which, if they were to exist, would be exempt from disclosure pursuant to FOIA Exemptions (b)(6) and (bX7)(C), 5 U.S.C. §§ 552 (b)(6) and (bX7XC). Exoress authorization and consent. If you seek disclosure of any existing records on this basis, enclosed is a Certification of Identity form. You may make additional copies of this form if you are requesting information on more than one individual. The subject of your request should complete this form and then sign it. Alternatively, the subject may prepare a document containing the required descriptive data and have it notarized. The original certification of identity or notarized authorization with the descriptive information must contain a legible, original signature before FBI can conduct an accurate search of our records. Proof of death. If you seek disclosure of any existing records on this basis, proof of death can be a copy of a death certificate, Social Security Death Index, obituary, or another recognized reference source. Death is presumed if the birth date of the subject is more than 100 years ago. Public Interest Disclosure. If you seek disclosure of any existing records on this basis, you must demonstrate that the public interest in disclosure outweighs personal privacy interests. In this regard, you must show that the public interest sought is a significant one, and that the requested information is likely to advance that interest. Fax your request to the Work Process Unit at (540) 868-4997, or mail to 170 Marcel Drive, Winchester, VA 22602. If we do not receive a response from you within 30 days from the date of this letter, your request will be closed. You must include the FOIPA request number with any communication regarding this matter. EFTA00024039 For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). As such, this response is limited to those records, if any exist, that are subject to the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: httos:Moiaonlinesequlations.00v/foia/action/oublicJhome. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal? Please cite the FOIPA Request Number assigned to your request so that it may be easily identified. You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS) at 877-684-6448, or by emailing ogisenara.aov. Alternatively, you may contact the FBI's FOIA Public Liaison by emailing foioaauestionseic.fbi.uov. If you submit your dispute resolution correspondence by email, the subject heading should dearly state "Dispute Resolution Services? Please also cite the FOIPA Request Number assigned to your request so that it may be easily identified. For questions on how to reasonably describe your request, please email us at foloaauestions(atc.fbi.00v. You may also visit www.fbi.00v and select "Services," "Records Management? and "Freedom of Information/Privacy Act" for additional guidance. Enclosed for your information is a copy of the FBI Fact Sheet and a copy of the Explanation of Exemptions. Sincerely, David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division Endosure(s) EFTA00024040 FBI FACT SHEET • The primary functions of the FBI are national security and law enforcement. • The FBI does not keep a file on every citizen of the United States. • The FBI was not established until 1908 and we have very few records prior to the 1920s. • FBI files generally contain reports of FBI investigations of a wide range of matters, including counterterrorism, counter-intelligence, cyber crime, public corruption, civil rights, organized crime, white collar crime, major thefts, violent crime, and applicants. • The FBI does not issue clearances or non-clearances for anyone other than its own personnel or persons having access to FBI facilities. Background investigations for security clearances are conducted by many different Government agencies. Persons who received a clearance while in the military or employed with some other government agency should contact that entity. Most government agencies have websites which are accessible on the internet which have their contact information. • An identity history summary check or "rap sheet" is NOT the same as an "FBI file." It is a listing of information taken from fingerprint cards and related documents submitted to the FBI in connection with arrests, federal employment, naturalization or military service. The subject of a "rap sheet" may obtain a copy by submitting a written request to FBI CJIS Division — Summary Request, 1000 Custer Hollow Road, Clarksburg, WV 26306. Along with a specific written request, the individual must submit a new full set of his/her fingerprints in order to locate the record, establish positive identification, and ensure that an individual's records are not disseminated to an unauthorized person. The fingerprint submission must include the subject's name, date and place of birth. There is a required fee of $18 for this service, which must be submitted by money order or certified check made payable to the Treasury of the United States. A credit card payment option is also available. Forms for this option and additional directions may be obtained by accessing the FBI Web site at www.fbi.gov/about-us/cjis/identity-history-summary-checks. • The National Name Check Program (NNCP) conducts a search of the FBI's Universal Index (UNI) to identify any information contained in FBI records that may be associated with an individual and provides the results of that search to a requesting federal, state or local agency. Names are searched in a multitude of combinations and phonetic spellings to ensure all records are located. The NNCP also searches for both -main" and "cross reference" files. A main file is an entry that carries the name corresponding to the subject of a file, while a cross reference is merely a mention of an individual contained in a file. The results from a search of this magnitude can result in several "hits" and "idents" on an individual. In each instance where UNI has identified a name variation or reference, information must be reviewed to determine if it is applicable to the individual in question. • The Record/Information Dissemination Section (RIDS) searches for records and provides copies of FBI files responsive to Freedom of Information or Privacy Act (FOIPA) requests for information. RIDS provides responsive documents to requesters seeking "reasonably described information." For a FOIPA search, the subject's name, event, activity, or business is searched to determine whether there is an associated investigative file. This is called a "main file search" and differs from the NNCP search. FOR GENERAL INFORMATION ABOUT THE FBI, VISIT OUR WEBSITE AT www.fbi.gov 7/18/16 EFTA00024041 EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (b)(I) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order; (bX2) related solely to the internal personnel rules and practices of an agency; (bX3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (bX4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (bX5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other titan an agency in litigation with the agency; (bX6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (bX7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A ) could reasonably be expected to interfere with enforcement proceedings. ( B ) would deprive a person of a right to a fair trial or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State. local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source. ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; (bX8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions: or (bX9) geological and geophysical information and data, including maps, concerning wells. SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (dX5) information compiled in reasonable anticipation of a civil action proceeding; 0X2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; (kX I) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence; (IcX3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18. United States Code. Section 3056: (kX4) required by statute to be maintained and used solely as statistical records; (IcX5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who famished information pursuant to a promise that his/her identity would be held in confidence; (k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service he release of which would compromise the testing or examination process; (kX7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. FBI/DO] EFTA00024042 U.S Department of Justice Certification of Identity FORM ANROVED Cea NO 1103-0016 MOMS 03.31. 17 Privacy Act Statement. In accordance with 28 CFR Stetson 16.41(d) personal data sufficient to identify the indnukuls submwng requests by mail under the Privacy Act of 1974, 5 U.S C Section 552a. is required. The purpose of this solicitation is to ensure that the records of individuals who are the subject of U.S. Detainment of Justice systems of records are not wrongfully disclosed by the Department Requests will not be processed if this infonintion is not finished False information on this form may subject the requester to criminal penalties wider IS USC Section 1001 anclior 5 U.S.C. Section 552O(3). Public reporting burden foe this collection of mformation is estimated to avenge 0.50 hours per response. ualuding the time for reviewing instructions. searching existing data sources. gathering and maintaining the data needed. and completing and reviewing the collection of information Suggestions for reducing this burden may be submitted to the Office of Information and Regulatory Affairs. Office of Management and Budget. Public Use Reports Project (1103-0016), Washington, DC 20503. Full Name of Requester Citizenship Status 2 Social Security Number 3 Cturent Address Date of Birth Place of Birth OPTIONAL: Authorization to Release Information to Another Person This form is also to be completed by a requester who is autho=ng information relating to himself or herself to be released to another person Further. pwunnt to 5 U.S C. Section 552a(b), I authorize the U S Department of Justice to release any and all information relating to me to Print or Type Name I declare under penalty of pe.puy under the laws of the United States of America that the foregoing is true and correct. and that I am the person named above. and I understand that any falsification of this statement is punishable under the provisions of 18 U.S C. Section 1001 by a fine of not more than 510.000 or by impusonment of not more than five years or both and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of 5 U.S.C. 552a(0(3) by a fore of not more than 55.000. Signature' Date I Name of individual who is the subject of the record(s) sought. lodnadzial submitting a request under the Privacy Act of 1974 must be either *-a cm= of the United States or an alien lawfully admitted for penman residence; pursuant to 5 U.S.C. Section 552a(a)(2). Requests will be processed as Freedom of Information Act requests pursuant to 5 U.S.C. Section 552. rather than Pm-acy Act requests. for individuals who me not United States citizens or aliens lawfully admitted for permanent residence a Providing your social seconty number is voluntary.. You are asked to provide your social security number only to facilitate die identification of records relating to you, Without your social security number. the Department tiny be unable to locate my or all records pertaining to you Sigmture of individual who is the subject of the record sought KIM CO3-361 EFTA00024043 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RADAR ONLINE LLC and JAMES ROBERTSON, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. Civil Action No. 1:17-cv-03956-PGG Exhibit C EFTA00024044 MR. DANIEL NOVACK ON BEHALF OF RADAR ONLINE LAW OFFICE OF DANIEL R. NOVACK 6 GLENWILD ROAD MADISON, NJ 07940 Dear Mr. Novack: U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 October 11, 2017 Civil Action No.: 17-cv-03956 FOIPA Request No.: 1372398-000 Subject: EPSTEIN, JEFFREY The enclosed documents were reviewed under the Freedom of Information Act (FOIA), Title 5, United States Code, Section 552. Deletions have been made to protect information which is exempt from disclosure, with the appropriate exemptions noted on the page next to the excision. In addition, a deleted page information sheet was inserted in the file to indicate where pages were withheld entirely. The exemptions used to withhold information are marked below and explained on the enclosed Explanation of Exemptions: Section 552 ✓ (bxi) ✓ (bx2) 17 (b)(3) 18 U. S. C. Section 3059(d), Federal Rules of Criminal Procedure Rule 6(e) ✓ (3x4) ✓ (bX5) 17 (b)(6) 1 (bx7xA) ✓ (bva) (bX7)(C) (bX7XD) (bX7)E) ✓ (bx7xF) ✓ (bx8) ✓ (bx9) Section 552a ✓ (dx5) ✓ ax2) ✓ (k)(1) ✓ (k)(2) ✓ (kx3) ✓ (kx4) ✓ (kx5) ✓ (km ✓ (kx7) 296 pages were reviewed and 38 pages are being released. ✓ Documents were located which originated with, or contained information concerning, other Government Agencies. ✓ This information has been referred to the OGA(s) for review and direct response to you. ✓ We are consulting with another agency. The FBI will correspond with you regarding this information when the consultation is completed. 1.7 In accordance with standard FBI practice and pursuant to FOIA exemption (bX7)(E) and Privacy Act exemption (j)(2) [5 U.S.C. § 552/552a (bX7)(E)/(j)(2)1, this response neither confirms nor denies the existence of your subject's name on any watch lists. EFTA00024045 For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S. C. § 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. Enclosed for your information is a copy of the Explanation of Exemptions. Although your request is in litigation, we are required by 5 USC § 552 (a)(6XA) to provide you the following information concerning your right to appeal. You may file an appeal by writing to the Director, Office of Information Policy (OIP). United States Department of Justice, Suite 11050, 1425 New Yon( Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP's FOIAorffine portal by creating an account on the following web site: httos://foieonline.regulations.govHoia/action/oublic/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked 'Freedom of Information Act Appeal." Please cite the FOIPA Request Number assigned to your request so that it may be easily identified. The enclosed material is from the main investigative file(s) in which the subject(s) of your request was the focus of the investigation. Our search located additional references, in files relating to other individuals, or matters, which may or may not be about your subject(s). Our experience has shown when ident, references usually contain information similar to the information processed in the main file(s). Because of our significant backlog, we have given priority to processing only the main investigative file(s). If you want the references, you must submit a separate request for them in writing, and they will be reviewed at a later date, as time and resources permit. See additional information which follows. Sincerely, rep>141,---/3 David M. Hardy Section Chief Record/Information Dissemination Section Records Management Division Enclosures The enclosed documents contained in this release represent the first interim release of information responsive to your April 21, 2017 Freedom of Information Act (FOIA) request. Duplicate copies of the same document were not processed. For your information, sealed court records are not eligible for release under the Freedom of Information Act. Material responsive to your request has been withheld and marked "OTHER-Sealed' pursuant to appropriate order(s) issued by federal district courts. Your request for a waiver of fees has been granted. For questions regarding our determinations, visit the www.fbi.gov/fola website under 'Contact Us." The FOIPA Request Number listed above has been assigned to your request. Please use this number in all correspondence concerning your request. Your patience is appreciated. EFTA00024046 EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (bX I) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order; (bX2) related solely to the internal personnel rules and practices of an agency; (bX3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (bX4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (bX5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; (bX6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarrantcd invasion of personal privacy; (bX'7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A ) could reasonably be expected to interfere with enforcement proceedings. ( B ) would deprive a person of a right to a fair trial or an impartial adjudication. ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy. ( 13 ) could reasonably be expected to disclose the identity of confidential sourcc, including a State. local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; (b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (bX9) geological and geophysical information and data, including maps, concerning wells. SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (dX5) information compiled in reasonable anticipation of a civil action proceeding; (jX2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; (1)(1) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (kX2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence: (kX3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056; (kX4) required by statute to be maintained and used solely as statistical records: (kX5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence; (kX6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service he release of which would compromise the testing or examination process; (k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. FBI/D0J EFTA00024047 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RADAR ONLINE LLC and JAMES ROBERTSON, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. Civil Action No. 1:17-cv-03956-PGG Exhibit D EFTA00024048 U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 November 1, 2017 MR. DANIEL NOVACK ON BEHALF OF RADAR ONLINE LAW OFFICE OF DANIEL R. NOVACK 6 GLENWILD ROAD MADISON, NJ 07940 Civil Action No.: 17-cv-03956 FOIPA Request No.: 1372398400 Subject: EPSTEIN, JEFFREY Dear Mr. Novack: The enclosed documents were reviewed under the Freedom of Information Act (FOIA), Title 5, United States Code, Section 552. Deletions have been made to protect information which is exempt from disclosure, with the appropriate exemptions noted on the page next to the excision. In addition, a deleted page information sheet was inserted in the file to indicate where pages were withheld entirely. The exemptions used to withhold information are marked below and explained on the enclosed Explanation of Exemptions: Section 552 ✓ (bxl) ✓ (b)(2) (b)(3) 18 U. S. C. Section 3059(d), Federal Rules of Criminal Procedure Rule 6(e) ✓ (bx4) r (bx5) (b)(6) (bX7)(A) ✓ (bX7XE) (bX7XC) (bX7XD) (bX7XE) ✓ (bx7xF) ✓ (bx8) ✓ (bx9) Section 552a ✓ (d)(5) ✓ (j)(2) ✓ (k)(1) ✓ (k)(2) ✓ (cx3) ✓ (km ✓ (kx5) ✓ (kx6) r (kro 527 pages were reviewed and 25 pages are being released. F Document(s) were located which originated with, or contained information concerning, other Government Agency (ies) (OGA). r This information has been referred to the OGA(s) for review and direct response to you. F We are consulting with another agency. The FBI will correspond with you regarding this information when the consultation is completed. In accordance with standard FBI practice and pursuant to FOIA exemption (bX7)(E) and Privacy Act exemption (j)(2) (5 U.S.C. § 552/552a (bX7)(E)/(j)(2)), this response neither confirms nor denies the existence of your subject's name on any watch lists. EFTA00024049 For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S. C. § 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. Enclosed for your information is a copy of the Explanation of Exemptions. Although your request is in litigation, we are required by 5 USC § 552 (a)(6XA) to provide you the following Information concerning your right to appeal. You may file an appeal by writing to the Director, Office of Information Policy (OIP). United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530.0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: httos://foiaonline.regulations.govHoia/action/oublic/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked 'Freedom of Information Act Appeal? Please cite the FOIPA Request Number assigned to your request so that it may be easily identified. r The enclosed material is from the main investigative file(s) in which the subject(s) of your request was the focus of the investigation. Our search located additional references, in files relating to other individuals, or matters, which may or may not be about your subject(s). Our experience has shown when ident, references usually contain information similar to the information processed in the main file(s). Because of our significant backlog, we have given priority to processing only the main investigative file(s). If you want the references, you must submit a separate request for them in writing. and they will be reviewed at a later date, as time and resources permit. 17 Enclosures See additional information which follows. Sincerely. vetDavid M. Hardy Section Chief Record/Information Dissemination Section Records Management Division The enclosed documents contained in this release represent the second interim release of information responsive to your April 21, 2017 Freedom of Information Act (FOIA) request. Duplicate copies of the same document were not processed. For questions regarding our determinations, visit the wibw.fbi.govHoia website under "Contact Us." The FOIPA Request Number listed above has been assigned to your request. Please use this number in all correspondence concerning your request. Your patience is appreciated. EFTA00024050 EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (bXI) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order; (bX2) related solely to the internal personnel rules and practices of an agency; (bX3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (bX4) trade secrets and commercial or financial information obtained from a person and privileged or confidential: (bX5) inter-agency or intra-agcncy memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; (bX6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (bX7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A ) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial or an impartial adjudication. ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy. ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the ease of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; (bX8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (bX9) geological and geophysical information and data, including maps, concerning wells. SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (dX5) information compiled in reasonable anticipation of a civil action proceeding; (jX2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; (kXl) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (kX2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence; (kX3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056; (kX4) required by statute to be maintained and used solely as statistical records; (kX5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence; (cX6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service he release of which would compromise the testing or examination process; (kX7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. FBUDOJ EFTA00024051 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RADAR ONLINE LLC and JAMES ROBERTSON, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. Civil Action No. 1:17-cv-03956-PGG Exhibit E EFTA00024052 U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 December 1, 2017 MR. DANIEL NOVACK ON BEHALF OF RADAR ONLINE LAW OFFICE OF DANIEL R. NOVACK 6 GLENWILD ROAD MADISON, NJ 07940 Civil Action No.: 17-cv-03956 FOIPA Request No.: 1372398-000 Subject: EPSTEIN, JEFFREY Dear Mr. Novack: The enclosed documents were reviewed under the Freedom of Information Act (FOIA), Title 5, United States Code, Section 552. Below you will find check boxes under the appropriate statue headings which indicate the types of exemptions asserted to protect information which is exempt from disclosure. The appropriate exemptions are noted on the enclosed pages next to redacted information. In addition, a deleted page information sheet was inserted to indicate where pages were withheld entirely and identify which exemptions were applied. The checked exemptions boxes used to withhold information are further explained in the enclosed Explanation of Exemptions. Section 552 ✓ (bxi) ✓ (bX2) 17 (W3) 18 U. S. C. Section 3059(d), Federal Rules of Criminal Procedure Rule 6(e) ✓ (b)(4) F (b)(5) F (bX6) ✓ ox7xA) ✓ (bva) (bX7)C) (bX7)1)) (bX7)E) ✓ (bx7xF) ✓ (bx8) ✓ (bx9) Section 552a ✓ (dx5) ✓ axe) ✓ (km ✓ (kx2) ✓ (kx3) ✓ (kx4) ✓ (kx5) ✓ (km ✓ 00(7) 562 page(s) were reviewed and 94 page(s) are being released. Below you will also find additional informational paragraphs about your request. Where applicable, check boxes are used to provide you with more information about the processing of your request. Please read each Item carefully. F Document(s) were located which originated with, or contained information concerning, other Government Agency [OGA). r This information has been referred to the OGA(s) for review and direct response to you. F We are consulting with another agency. The FBI will correspond with you regarding this information when the consultation is completed. In accordance with standard FBI practice and pursuant to FOIA exemption (b)(7)(E) and Privacy Act exemption (j)(2) [5 U.S.C. § 552/552a (bX7)(EY(j)(2)], this response neither confirms nor denies the existence of your subject's name on any watch lists. EFTA00024053 For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the Freedom of Information Act (FOIA). lee 5 U.S.C. § 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. Enclosed for your information is a copy of the Explanation of Exemptions. Although your request is in litigation, we are required by 5 USC § 552 (a)(6XA) to provide you the following information concerning your right to appeal. You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001. or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: httoslifoiaonlinesequlations.qovifoia/actiorthoublicihome. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked -Freedom of Information Act Appeal." Please cite the FOIPA Request Number assigned to your request so that it may be easily identified. r The enclosed material is from the main investigative file(s), meaning the subject(s) of your request was the focus of the investigation. Our search located additional references, in files relating to other individuals, or matters, which may or may not be about your subject(s). Our experience has shown such additional references, if identified to the same subject of the main investigative file, usually contain information similar to the information processed in the main file(s). As such, we have given priority to processing only the main investigative file(s) given our significant backlog. If you would like to receive any references to the subject(s) of your request, please submit a separate request for the reference material in writing. The references will be reviewed at a later date, as time and resources permit. See additional information which follows. Sincerely. retstitic-3 David M. Hardy Section Chief Record/Information Dissemination Section Records Management Division Enclosure(s) The enclosed documents contained in this release represent the third interim release of information responsive to your April 21, 2017 Freedom of Information Act (FOIA) request. As previously indicated, document(s) were located which originated with, or contained information concerning another agency. We are consulting with the other agency and are awaiting their response. Our office has processed all other information currently in our possession. The FBI will correspond with you regarding those documents when the consultation is completed. Duplicate copies of the same document were not processed. For questions regarding our determinations, visit the wvevibtoovIfoia website under 'Contact Us." The FOIPA Request Number listed above has been assigned to your request. Please use this number in all correspondence concerning your request. Your patience is appreciated. EFTA00024054 EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (bXI) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order; (bX2) related solely to the internal personnel rules and practices of an agency; (bX3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (bX4) trade secrets and commercial or financial information obtained from a person and privileged or confidential: (bX5) inter-agency or intra-agency memorandums or letters which would not be available by law to a p