UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISI FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS ILED BY D.C. MAY 3 0 2017 STEVEN P. LARJp,topE C. ":IS' SC OF ELI., • woo MOTION TO SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its "Sealed Motion for Permission to Disclose Grand Jury Material" for the following reasons: 1. The Application contains information regarding proceedings before West Palm Beach Federal Grand Jury 07-103, which is subject to the secrecy protections of Fed. R. Crim. P. 6. 2. Pursuant to Rule 6(eX6), "[r]ecords, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury." WHEREFORE, the United States respectfully requests that the Application and any Order related to the Application be sealed. Dated: May 30, 2017 Respectfully submitted, BENJAMIN G. GREENBERG ASSISTANT U.S. ATTORNEY Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach. Florida 33401 Tel: EFTA00086375 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS / SEALED ORDER It is hereby ordered that the United States' Sealed Motion for Permission to Disclose Grand Jury Material and the Order granting same be SEALED until further Order of this Court, except that a copy of this Order, the Motion for Permission to Disclose Grand Jury Material and the Order granting same shall be provided to counsel for the United States. DONE AND ORDERED in chambers this day of May, 2017, at West Palm Beach, Florida. DANIEL T. K. HURLEY SENIOR UNITED STATES DISTRICT JUDGE cc: AUSA EFTA00086376 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FGJ 07-103(WPB) IN RE: GRAND JURY PROCEEDINGS SEALED MOTION FOR PERMISSION TO DISCLOSE GRAND JURY MATERIAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves the Court for permission to disclose certain materials relating to matters occurring before West Palm Beach Federal Grand Jury # 07-103. In support thereof, the Government states: 1. In September 2006, as part of its investigation named "Operation Leap Year," the United States served a grand jury subpoena on a witness named See Exhibit 1 at P- 003734 thru P-003735. Based upon the investigation, Ms. was identified as a potential victim of the lead target, Jeffrey Epstein. 2. After service of the subpoena, Ms.= retained the services of James Eisenberg, Esq. to represent her. Jeffrey Epstein paid for that representation. 3. Mr. Eisenberg communicated to me orally and in writing that Ms. would assert her Fifth Amendment privilege if she were forced to appear before the grand jury, and that the government needed to obtain immunity pursuant to 18 U.S.C. §§ 6001-6003 and a compulsion order from the Court to avoid the assertion of the privilege. Exhibit 2. 4. Due to the expiration of the original grand jury, in January 2007, a new grand jury subpoena was issued on behalf of West Palm Beach Federal Grand Jury #07-103. Exhibit 1 at P- 003738. EFTA00086377 5. On January 24, 2007, the undersigned sent a letter to Mr. Eisenberg enclosing the subpoena and discussing the investigation and grand jury proceeding. Exhibit 1 at P-003736 thru P-003737. 6. On February I, 2007, Mr. Eisenberg responded via letter. His letter discusses the grand jury subpoena, the investigation, and Ms. likely testimony. Exhibit 1 at P-003732 thru P-003733. 7. On February 5, 2007, I provided Mr. Eisenberg with two proposed Kastigar letters that, again, discuss the grand jury's investigation. Exhibit 1 at P-003739 thru P-003743, P-003745. 8. In response to a complaint from Mr. Eisenberg (see Exhibit 3), I prepared an "Authorization for Reimbursement of Unusual Expenses of Fact Witnesses" to pay for Suring Ms. grand jury testimony. Exhibit 1 at P-003744. 9. On February 12, 2007, Mr. Eisenberg sent a letter detailing the reasons for Ms. refusal to testify without a compulsion order. This letter, again, discusses the grand jury's investigation and matters occurring before the grand jury. Exhibit 1 at P-003730 thru P-003731. 10. Based upon Mr. Eisenberg's letter and representations, the U.S. Attorney's Office applied to the Justice Department for authorization to grant immunity pursuant to 18 U.S.C. §§ 6001-6003. After receiving that authorization, in April 2007, the United States filed a Sealed Motion for an Order compelling the testimony of == Exhibit 1 at P-003714 thru P- 003721. 11. On April 16, 2007, the Court granted the government's Sealed Motion in a Sealed Order. Exhibit 3. Judge Middlebrooks was the judge who empaneled Federal Grand Jury 07-103. The Sealed Order states, in part, that the "Order shall be SEALED in accordance with Fed. R. 2 EFTA00086378 Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order [to a list of persons]. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others." 12. In 2008, Ms. became a petitioner in the matter of Jane Doe 1 and Jane Doe 2 v. United States, S.D. Fla. Case No. 08-80736-Civ-Marra ("the Jane Doe suit"). Ms. was allowed to proceed, at her request, via the pseudonym "Jane Doe 2" because she was a minor during the criminal activity committed by Jeffrey Epstein. Ms. was an adult during all proceedings related to the grand jury subpoena. 13. In her suit against the United States, Ms. avers, in part, that her "right to confer with the attorney for the Government in the case" and her "right to be treated with fairness and with respect for the victim's dignity and privacy," 18 U.S.C. § 3771(a)(5), (a)(7), were violated. I was the "attorney for the Government," although there was no "case" because the U.S. Attorney's Office never filed charges against Jeffrey Epstein or any other person involved in criminal activity with Ms.M. 14. In the Jane Doe suit, U.S. District Judge Kenneth A. Marra allowed limited discovery. Exhibits 1 and 2 were listed on a privilege log and provided to Judge Marra in camera for review. The United States asserted that the items should not be produced because they were governed by Fed. R. Crim. P. 6(e) and included "[d]ocuments under seal pursuant to court order." Exhibit 4 at DE212-1 pp. 1, 6. 15. There was extensive litigation regarding the privilege log, including the assertion of the confidentiality of grand jury materials. Judge Marra agreed with the government's assertion 3 EFTA00086379 that Exhibit I involved matters occurring before the grand jury and ordered that they need not be produced. Exhibit 5 at pp. 5-10, 26, 28. 16. In the Jane Doe suit, Ms. has filed a motion for summary judgment, asserting that there is no issue of material fact regarding her claim that her rights to confer and to be treated with respect were violated. In support of that motion, Ms. filed a Declaration. Exhibit 6. 17. In the declaration, Ms. makes a number of assertions, including that "there could not have been any doubt in anyone's mind ... that Epstein sexually molested me as a minor"; "I believed that if I told the truth about what happened at Epstein's house, the police "; "I had been greatly intimidated, which is why I could not be truthful initially and I wanted to end the threat of the possibility of "; and "I wanted to assist the prosecutors in the investigation." Id. 18. These statements are contradicted by Exhibits 1, 2, and 3, and, accordingly, the U.S. Attorney's Office now respectfully requests that the Court unseal redacted versions of Exhibits I, 2, and 3. 19. This matter relates to issues occurring before the grand jury and, accordingly, is governed by Fed. R. Crim. P. 6(e). Under that Rule, the "court may authorize disclosure — at a time, in a manner, and subject to any other conditions that it directs — of a grand-jury matter: (i) preliminarily to or in connection with a judicial proceeding." Federal Rule of Criminal Procedure 6(e) provides that the traditional rule of grand jury secrecy may be placed aside under certain circumstances to allow for disclosure. Specifically, Rule 6(e)(3)(E)(i) states that a district court "may authorize disclosure —at a time, in a manner, and subject to any other conditions that it directs—of a grand jury matter ... preliminary to or in connection with a judicial proceeding." The Supreme Court has explained that a party seeking disclosure of grand jury materials must make a showing of a "particularized need" by demonstrating that (1) the materials are needed to avoid an injustice in another 4 EFTA00086380 proceeding; (2) the need for disclosure is greater than the need for continued secrecy; and (3) the request is structured to cover only needed materials. United States v. Moussaoui, 483 F.3d 220, 235 (4th Cir. 2007) (citing Douglas Oil Co. v. Petrol Stops Northwest, 441 U.S. 211, 222 (1979)). 20. Portions of Exhibits 1, 2, and 3 are relevant to a judicial proceeding, that is, the Jane Doe suit. The portions that the U.S. Attorney's Office wishes to disclose are attached hereto as Exhibit 7. Disclosure of these portions of the documents are necessary to avoid injustice in the Jane Doe suit, that is, to properly inform Judge Marra that Ms. did not, in fact, wish to confer with an attorney for the Government during the relevant time frame and she was treated with respect by the U.S. Attorney's Office and the investigative team. Given that Jane Doe 2 herself has made these materials relevant to the Jane Doe suit, the need to disclose Exhibit 7 outweighs the need for secrecy, and Exhibit 7, which is a redacted version of Exhibits 1, 2, and 3, properly limits the disclosure of the grand jury materials only to what is needed. 21. Prior to filing this Motion, I inquired of Judge Marra's courtroom deputy whether the motion should be filed with Judge Marra. After speaking with the Clerk's Office, Judge Marra's courtroom deputy informed me that, because this related to the grand jury, the motion should be directed to the District Judge on duty. Pursuant to the Court's website, Senior U.S. District Judge Daniel T. K. Hurley is on duty for the month of May 2017. //I //I //I 5 EFTA00086381 CONCLUSION For the foregoing reasons, the United States respectfully requests that it be permitted to disclose Exhibit 7 and file it in support of its Response to Ms. summary judgment motion. The United States further respectfully requests that the Court's Order make clear that, by filing Exhibits 4, 5, and 6 in support of this motion, it does not seek to have them sealed in the Jane Doe suit, and that they remain part of the public record in that matter. Respectfully submitted, BENJAMIN G. GREENBERG ACTING UNITED STATES ATTORNEY By: Assistant United States Attome Florida Bar No. 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Telephone: Facsimile: I 6 EFTA00086382 GOVERNMENT EXHIBIT Case No. 08-80736-CV-MARRA P-001713 EFTA00086383 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FCII 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS Party Filing Matter Under Seal ORDER RE: SEALED FILING Name: UNITED STATES OF AMERICA Addreas: AUSA S0CI S. Australian Ave, Ste 400 Telephone' West Palm Bach, FL. 33401 On behalf of (select one): • THE APPLICANT RESPONDENT Date sealed document filed: 04/16/07 If sealed pursuant to statute, cite statute: Fed. R. Crim. P. 6 If sealed pursuant to previously enteral protective order, dale of order and docket entry. The matter will remain soiled until: O Conclusion of Trial U Anot of First Defendant U Case Closing O Conclusion of Direct Appeal ■ Other End of Proem:lines O Permanently. Specify the authorizing law, Me. court order The moving party requests that when the sealing period tapirs, the filed matter should he (select one): O Unseakd and placed in • Destroyed U Returned to the party or counsel for the the public portion of the court Me party, as identified above It is ORDERED and ADJUDGED that the proposed sealed document is hereby: O Sealed O NOT Sealed O Other The matter may be unsealed atter. O Conclusion of Trial Cl Arrest of First Defendant O Remain Sealed U Case Closing U Conclusion of Direct Appeal t3 Other DONE and ORDERED at West Palm finch Florida this day of 2007. Uttard.Stalm.Disuic lease This documan has been disposed of lo the following manner by on Case No. 08-80736-CV-MARRA P-003714 EFTA00086384 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07403 (WPB) IN RE: GRAND JURY PROCEEDINGS MOTION TO SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Order Compelling Witness Testimony before the Grand Jury for the following reasons: 1. The Application contains information regarding proceedings before West Palm Beach Federal Grand Jury 07-103, which is subject to the secrecy protections of Fed. R. Crim. P. 6. 2. Pursuant to Rule 6(e)(6), "Erjecords, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury." WHEREFORE, the United States respectfully requests that the Application and any Order related to the Application be sealed. Dated: April 16, 2007 Respectfully submitted, R. ALEXANDER ACOSTA ASSISTANT UNITED STA1 ES A ORNEY Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Tel: Fax: Case No. 08-80736-CV-MARRA P-003715 EFTA00086385 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS ORDER It is hereby ordered that the United States' Application for Order Compelling Witness Testimony before the Grand Jury and the Order granting same be SEALED until further Order of this Court. DONE AND ORDERED in chambers this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: AUSA Case No. 08-80736-CV-MARRA P-003716 EFTA00086386 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS / APPLICATION FOR ORDER COMPELLING WITNESS TESTLMONY The United States of America, through its undersigned attorney, makes application to this Court for an Order pursuant to the provisions of Title 18, United States Code, Section 6001, et seq., compelling== to give testimony and to provide other information, which she is likely to refuse to give or provide, on the matters about which she may be interrogated before the United States District Court for the Southern District of Florida, including a Grand Jury impaneled therein, as well as subsequent proceedings or trial, and respectfully alleges as follows: 1. That ==. has been called to testify and provide other information before the United States District Court for the Southern District of Florida, including before a Grand Jury impaneled therein. 2. That, in the judgment of the undersigned, the testimony or other information from may be necessary to the public interest. 3. That is likely to refuse to testify or provide other information on the basis of her privilege against self-incrimination. 4. That this Application is made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Case No. 08-80736-CV-MARRA P-003717 EFTA00086387 Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). A copy of the letter from said Assistant Attorney General or his designee expressing such approval is attached hereto. 5. That a Subpoena to Testify before Grand Jury 07-103 (WPB) has been served upon counsel for =, who has informed the undersigned that an Order compelling testimony is required before will appear and testify. Upon receipt of the Court's Order compelling such testimony, a new Grand Jury Subpoena will be issued commanding "•==l appearance on Tuesday, April 24, 2007 at 1:00 p.m. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33132 FAX SM 2 Case No. 08-80736-CV-MARRA P-003718 EFTA00086388 IO'd ild101 11111111*. 0 fox ..//as Au ay.:Asa" Cooed Wasespren AC 2efillalet APR 13 2007 The Honorably R. Alexander Acosta Unitcd States Attorney • ' " •SouthemliittriciofFlorida West Palm Beach, Florida 33401 Attention: Asstetantlinited States Attorney Re: Grand Jury Investigpuion, terfrey Epstein, et al. Dcar Mr. Acosta: Pursuant to the authority vested in me by 18 U.S.C. § 6003(h) and 28 C.P.R., § 0.175(a), I hereby approve ycur request for authority to apply to °milt:Med States District Court for the Southern District of Florida for an order pursinuu to 1811.5 C. §§ 6002-6003 requiring to give testimony of provide other information in the above malt, and in any further proceedings resulting therefrom or ancillary thereto. Sincerely, Assistant Attorney Genera] V !KW; ir • Case No. 08-80736-CV-MARRA to./TO'd 11 P-003719 ;57-$)6 :?T Mi0e-9I-OdU EFTA00086389 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ 07-103(WPB) LN RE: GRAND JURY PROCEEDINGS SEALED ORDER On Application of the United States Attorney for the Southern District of Florida, and it appearing to the satisfaction of the Court: 1. That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida, including a Grand Jury impanelled therein; and 2. That in the judgment of the said United States Attorney, has refused to testify and provide other information on the basis of her privilege against self-incrimination; and 3. That in the judgment of the said United States Attorney, the testimony and other information from may be necessary to the public interest; and 4. That the aforesaid Application has been made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to Case No. 08-80736-CV-MARRA P-003720 EFTA00086390 provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, including a Grand Jury impaneled therein, as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this Order (or any information directly or indirectly derived from such testimony or other information) may be used against in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. IT IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed. R. Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order to members of the Grand Jury, to the witness, to counsel for the witness, and to law enforcement officers engaged in the investigation pending before the Grand Jury. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others. DONE and ORDERED this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: AUSA 2 Case No. 08-80736-CV-MARRA P-003721 EFTA00086391 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FGJ 07.103 (WPB) IN RE: GRAND JURY PROCEEDINGS ORDER RE: SEALED FILING Party Filing Matter Under Seal Name: UNITED STATES OP AMERICA Address: AUSA SOO S. Australian Are, Ste 400 Telephone: Wan Pam Back FL 33401 CM behalf of {select one): • 'rim Appucwr RESPONDENT Date sealed document filed: 04116/07 If sealed pursuant to statute, cite statute: Fed. It Crisis. P.6 If sealed pursuant to previously entered protective other, date of order and docket emery: The room will remain sealed until: 0 Conclusion of Trial fa Arrest of First Defendant O Case Closing 0 Conclusion of Direct Appeal • Other End of Promedines U Permanently. Specify the authorizing law, nile, court order. The moving party requests that when the sealing period expires, the filed matter should be (select one): 0 Unsealed and placed in the public portion of the coun file party, as identified above • Destroyed 0 Returned to the party or counsel for the It is ORDERED and ADJUDGED that the proposed sealed document is hereby: Sealed 3 NOT Scaled The matter may be unsealed after. O Conclusion of Trial 0 Arrest of Pint Defendant CI Case Closing 0 Conclusion of Direct Appeal DONE sod ORDERED at West Palm Beach. Florida this day of This document has been disposed of in the following manner on 0 Other U Remain Sealed U Other 2007. linked Stales District Judge by Case No. 08-80736-CV-MARRA P-003722 EFTA00086392 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS MOTION TO SEAL The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves to seal its Application for Order Compelling Witness Testimony before the Grand Jury for the following reasons: 1. The Application contains information regarding proceedings before West Palm Beach Federal Grand Jury 07-103, which is subject to the secrecy protections of Fed. R. Crim. P. 6. 2. Pursuant to Rule 6(6)(6), "[r]ecords, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before a grand jury." WHEREFORE, the United States respectfully requests that the Application and any Order related to the Application be sealed. Dated: April 16, 2007 Respectfully submitted, R. ALEXANDER ACOSTA UNITJ.,DATATES ATTORWY ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Tel: Fax: Case No. 08-80736-CV-MARRA P-003723 EFTA00086393 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS SaWER It is hereby ordered that the United States' Application for Order Compelling Witness Testimony before the Grand Jury and the Order granting same be SEALED until further Order of this Court. DONE AND ORDERED in chambers this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: EMI , AUSA Case No. 08-80736-CV-MARRA P-003724 EFTA00086394 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ NO. 07-103 (WPB) IN RE: GRAND JURY PROCEEDINGS APPLICATION FOR ORDER COMPELLING WITNESS TESTIMONY The United States of America, through its undersigned attorney, makes application to this Court for an Order pursuant to the provisions of Title 18, United States Code, Section 6001, et seq., compelling to give testimony and provide other information, which she is likely to refuse to give or provide, on the matters about which she may be interrogated before the United States District Court for the Southern District of Florida, including a Grand Jury impaneled therein, as well as subsequent proceedings or trial, and respectfully alleges as follows: 1. That has been called to testify and provide other information before the United States District Court for the Southern District of Florida, including before a Grand Jury impaneled therein. 2. That, in the judgment of the undersigned, the testimony and other information from may be necessary to the public interest. 3. That is likely to refuse to testify and provide other information on the basis of her privilege against self-incrimination. 4. That Ibis Application is made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Case No. 08-80736-CV-MARRA P-003725 EFTA00086395 Assistant Attorney General, pursuant to the authority vested in him by Tide 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0.132(e). A copy of the letter from said Assistant Attorney General or his designee expressing such approval iS attached hereto. 5. That counsel for has informed the undersigned that an Order compelling testimony is required before will appear and testify before the Grand Jury. Upon receipt of the Court's Order compelling such testimony, a Subpoena to Testify before Grand Jury 07-103 (WPB) will be issued commanding appearance on Tuesday, April 24, 2007 at 1:00 p.m. By: 2 Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY MEW ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33132 FAX Case No. 08-80736-CV-MARRA P-003726 EFTA00086396 pirm—Au —evict U.S. Department et JliSrICC Criminal Division WiedlOPUM.PIAWARIIIMOORIrel The Honorable R. Alexander Acosta . United States Attorney , {r.; • • west Palm Beach, Florida 33401 Attention: Assistant United States Attorney Re: Grand fury Investigation, Joints/S.226n. et 41. Dear Mr. At0Sra: MoMmihmiDC.M3AOMPI APR 13 2001 Pursuant to the authority vested in me by 18 U.S.C. § 6011100 and 28 C.F.R_ § 0.17500, I hereby approve your request for authority to apply to the United Stites District Court for the Southern District of Ronda for an order pursuant to 18 U.S.C. §§ 6002-6003 requiring to give testimony or provide other information in the above matter and in any further proceedings resulting therefrom or ancillary thereto. Sincerely. Assistant Attorney General Case No 08-80736-CV-MARRA P-003727 EFTA00086397 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NORTHERN (WEST PALM BEACH) DIVISION FGJ 07-1 03(WPB) IN RE: GRAND JURY PROCEEDINGS BALED ORDER On Application of the United States Attorney for the Southern District of Florida, and it appearing to the satisfaction of the Court: I. That has been called to testify and to provide other information before the United States District Court for the Southern District of Florida, including a Grand Jury impaneled therein; and 2. That in the judgment of the said United States Attorney, has refused to testify and provide other information on the basis of her privilege against self-incrimination; and 3. That in the judgment of the said United States Attorney, the testimony and other information from may be necessary to the public interest; and 4. That the aforesaid Application has been made with the approval of the Assistant Attorney General in charge of the Criminal Division of the Department of Justice or a duly designated Acting Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Sections 0.175 and 0. I 32(e). NOW, THEREFORE, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to Case No. 08-80736-CV-MARRA P-003728 EFTA00086398 provide on the basis of her privilege against self-incrimination, as to all matters about which she may be interrogated before said United States District Court, including a Grand Jury impaneled therein, as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this Order (or any information directly or indirectly derived from such testimony or other information) may be used against in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. IT IS FURTHER ORDERED the this Order shall be SEALED in accordance with Fed. R. Crim. P. 6(e)(6), except that a copy of this Order shall be provided to counsel for the United States, who may disclose the existence of the Order to members of the Grand Jury, to the witness, to counsel for the witness, and to law enforcement officers engaged in the investigation pending before the Grand Jury. Those persons may review the Order, but may not retain a copy of the Order, nor may they disclose the existence of the Order to any others. DONE and ORDERED this day of April, 2007, at West Palm Beach, Florida. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE cc: , AUSA 2 Case No. 08-80736-CV-MARRA P-003729 EFTA00086399 EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Criminal Trial Lawyer National Board Of Trial Advocacy Cellfiled Criminal Mal Advocate KAI LI ALOE FOUTS Oat ClearlakeCentre, Suite 704,250Australian Avenue South,WestPalm Beach, FL3340I Fax: February 12, 2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear As always, it was a pleasure speaking to you the other dilursuant to our telephone conference I am writing this letter to proffer my concerns for should she testify without immunity before a federal grand jury. Therefore, allow me to reiterate that Ms. will refuse to voluntarily cooperate with the federal government. She has a good faith basis for her position under the Fifth Amendment to the United States Constitution. We, of course, do not live or work in a vacuum. We have read many inflammatory remarks the Town of Palm Beach Police Chief has made to the media about the state court's handling of the Jeffrey Epstein investigation. The police chiefs remarks frighten both mysel rand my client. I am aware that the town police have prepared documents to charge at least one of Mr. Epstein's lady friends in state court. If they can push to have one lady charged I remain unconvinced that they do not have the ability or political clout to push to have other ladies such as Ms.= charged. The proffered facts that raise my concerns are being provided via this proffer letter. Pursuant to our telephone conference agreement, this letter and its contents cannot be used against Mr. =. Ms.= is not at all certain of dates. She does remember meeting Mr. Epstein about three years ago. She is not certain of her age. it could have been when she was sixteen. A girlfriend asked her if she wanted a job giving massages. Ms.= agreed because she had knowledge of massages through her mother, who was a masseuse. Ms. = went to Mr. Epstein's house via taxi. Ms. girlfriend instructed Ms.=r that, if asked, she had to tell Mr. Epstein that she was eighteen years old. The friend was nineteen years old and looked old for her age, so passing for eighteen was not a problem. At Case No. 08-80736-CV-MARRA P-003730 EFTA00086400 the home Ms.= met Mr. Epstein and later „Tim a massage. The friend had told Ms. to give the message topless. Mr. Epstein told that if she were at all uncomfortable being topless, not to do it and it was not a requirement of employment as a masseuse. Ms. never touched Mr. Epstein in a sexual way and Mr. is. never touched Ms. /et all. At one point, Mr. Epstein did ask Ms. her age. Ms. insisted that she was eighteen years old. Ms. = continued to see Mr. Epstein over time and massages were given in a similar fashion. She was later asked if her friends wanted to work in a similar way and she asked some girls who did give Mr. Epstein massages. Ms.=r was never asked to bring girls of any age to Mr. Epstein's home. When she did have her friends come over, she instructed all of them that if asked, they insist that they were eighteen years old. She is not certain at all of any of these girls' real ages. In summary, our concern is that if the government believes that Mr. Epstein committed some federal offense, then Ms.= could he considered a co-conspirator. We believe no crime was committed. The Fifth Amendment was not intended to protect the guilty, however. It was enacted to protect citizens who fear prosecution notwithstanding their innocence. Our fear of any prosecution, especiallyjltt ligh f the Town police chiefs public remarks, is clearly in good faith. Sincer ISENE5R6 r--- Case No. 08-80736-CV-MARRA P-003731 EFTA00086401 EISENBERG & FOUTS, P.A. Attorneys At Law JAMES L. EISENBERG Florida Bar Board Certified Crimisal trial Lawyer National Board Of Trial Advocacy Certified ethnical Trial Advocate KAI LI ALOE POUTS OneClear lake Centre,Su ite 704,250 Australian Avenue Sou CIL, West Palm Beach, FL 33401 Fax: February 1,2007 Asst. U.S. Attorney 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Re: Grand Jury Subpoena for Dear I received your letter dated January 24, 2007 with regard to ME= I must admit I forced myself to wait several days to respond in order to "cool off' and not say anything I would regret later. Now that time has passed, allow me to respond appropriately. I. If you want to force Ms. MI to come to the grand jury room to personally invoke her Fifth Amendment ri lts, she will be there. That does remain her position. M onl re uest is that provide I will be there, but I am not It is this type of attitude, that your and Ms. should not have office refuses to accept the fact that it is Ms. decision not to cooperate with the government tkaisets her. Your office fails to recognize that merely corning to court is a problem for like Ms. M: and, under these circumstances, appears to be a waste of time at best and, in her mind, personal harassment. 2. Rest assured that there is no conflict of interest in my representation of Ms. I= In this case I have always been asked and always will exercise independent judgment to follow my client's independent will. The remainder of your questions as to this matter arc really none of the Government's business. 3. 1 will share with you that one of the reasons for our firm position that Ms. will invoke her Fifth Amendment right and choose not to voluntarily cooperate with the Government is our concern that the Government is not exercising independent judgment in this case. The history of this case has been in the newspapers. The case is being prosecuted in State court. Despite the state court prosecution, the Town of Palm Beach Police Chief went on what can only be Case No. 08-80736-CV-MARRA P-003732 EFTA00086402 , Asst. U.S. Attorney February 1, 2007 Page 'Iwo described as a public rampage in the newspaper when the case was not prosecuted to his liking that reminded me of a small child having a public temper tantrum. In my thirty years of experience, T have never seen a law enforcement officer like this publicly make what appeared to be a political ease in the newspaper for a prosecution and publicly criticize anyone who got in his way, including the elected State Attorney. This resulted in a federal investigation on a topic no one remembers the Federal Government ever being interested in prosecuting before. Although I am certain that you personally have not had your decision-making process compromised, the appearance that your office is being influenced by the Town of Palm Beach Police Chief's agenda is very real. Under these circumstances I don't see how any lawyer could advise any client to voluntarily cooperate. Of special concern is that the Town of Palm Beach Police have promoted prosecuting at least one of the girls who allegedly gave massages. One final thought. My client and my fear that Ms. could be prosecuted is enhanced by the demand for the personal appearance made in your letter. Your initial Kastiger letter fell far short of granting the functional equivalent of DOJ immunity. Several months ago I was given the distinct impression through our conversations that you were going to obtain DOJ immunity for Ms. Now the government is changing course for no apparent reason. This leads to speculation that the only reason for the nuriabout is that prosecution in either state or federal court is being considered by someone. directed at you personally. I want to repeat that you have always treated us with office should advise the Town Police Chief to act in a similar fashion. Case No. 08-80736-CV-MARRA P-003733 EFTA00086403 09/06/2006 14:53 FAX USA0 ISPB FL 2001 *** TX REPORT sea TRANSMISSION OK TX/RX. NO 2683 CONNECTION TEL 6592380 SUBADDRESS CONNECTION ID ST. TIME 09/06 14:62 USAGE T 01'00 PGS. SENT 2 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Facsimile . FACSIMILE COVER SHEET TO: JIM EISENBERG; ESO. DATE: September 6. 2006 FAX NO. # OF PAGES: 2 PHONE NO. RE: FROMt PRONE NO. ASSISTANT U.S. ATTORNEY commas; Dear Jim: Here is the copy of the original subpoena that you requested. Also, I confirmed with the secretary who rod the September 8th subpoena that it was signed by AUSA Case No. 08-80736-CV-MARRA P-003734 EFTA00086404 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 West Palm Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: JIM EISENBERG, ESQ. FAX NO, PHONE NO. DATE: # OF PAGES: RE: September 6, 2006 2 FROM: PHONE NO. ASSISTANT U.S. ATTORNEY COMMENTS: Dear Jim: Here is the copy of the original subpoena that you requested. Also, I confirmed with the secretary who re ared the September 8th subpoena that it was signed by AUSA As we discussed. does not need to appear before the grand jury until you have had a chance to confer with her and we have spoken and agreed to a mutually convenient date. Thank you for your assistance. Case No. 08-80736-CV-MARRA P-003735 EFTA00086405 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: January 24, 2007 DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Federal Grand Jury Subpoena Dear Jim: A new grand jury has been tided and I have enclosed a new subpoena for= MI. As 1 mentioned earlier, Ms is not a target of this investigation and the United States seeks her testimony solely as a victim/winless. During our last conversation regarding Ms. , you indicated that she was unwilling to speak with us pursuant to a Kastigar letter and that she also was unwilling to speak with the grand jury and intends to invoke the Fifth Amendment if questioned. Please confer with her to confirm whether this remains her position. If it is, please advise in writing. Even if Ms.= is inclined to invoke her Fifth Amendment rights, she must still appear pursuant to the subpoena so that I may ask her questions that would not require the invocation of the Fifth Amendment. If she still invokes, I intend to move to compel her answers. If you or your client is unavailable on February 6, 2007, please let me know of another Tuesday when you are available. I also am concerned about a potential conflict of interest in your representation of Ms. In case of future litigation regarding this issue, please provide me with information regarding who is paying (directly or indirectly) for your services on behalf of Ms. MI, the scope of your representation and whether you are taking direction on this matter from anyone other than Ms. =. If any formal or informal joint defense agreements exist, whether in writing or otherwise, please provide a copy of such agreements. If the agreement is purely oral, please provide a written summary of its terms. Case No. 08-80736-CV-MARRA P-003736 EFTA00086406 JAMES EISENBERG, ESQ. JANUARY 24, 2007 PAGE 2 I look forward to your response. Sincerely, R. Alexander Acosta By: 04 k44 Assistant United States Attorney Case No. 08-80736-CV-MARRA P-003737 EFTA00086407 This subpoena is issued upon application United States District Court SOUTHERN DISTRICT OF FLORIDA TO: SUBPOENA TO TESTIFY BEFORE GRAND JURY FGJ 07-103(WPB)-TuesJNo. OLY-13/2 SUBPOENA FOR: PERSON X DOCUMENTS OR OBJECT[SI YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury oftheUniteri 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: February 6, 2007 1:0Oprn* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): ANY AND ALL NOTES, LEVIERS, CARDS, GIFTS, PAYMENTS. AND PHOTOGRAPHS YOU HAVE RECEIVED FROM JEFFREY EPSTEIN ANY AND ALL PHOTOGRAPHS WHETHER PRINTED OR DIGITAL, OF JEFFREY EPSTEIN ANY AND ALL E-MAILS, INSTANT MESSAGES, CHATS, TEXT MESSAGES, VOICEMAILS OR TELEPHONE MESSAGES THAT YOU HAVE SENT TO AND/Oft RECEIVED FROM JEFFREY EPSTELN, *Please coordinate your compliance with this subpoena and confirm the date and time , and location of our a earance 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. DATE: January 23, 2007 Narns_Address and Phone Number of Assistant U.S. Attorney Ann= C. Assistant U.S. Attorney 500 So. Australian Avenue, Suite 400 West Palm Beach FL 33401.6235 Fax: (561) 802-1787 nr not applicable, cola None. To In teal a acv ofA0110 Case No. 08-80736-CV-MARRA saw ORD-227 P-0001788 EFTA00086408 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: February 5, 2007 DELIVERY BY HAND Ms. do James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Grand Jury Testimony of Dear Ms. M: This letter confirms the understanding between yourself and the United States Attorney's Office for the Southern District of Florida. You have represented that you will truthfully answer questions of the federal government in its investigation of the procurement of prostitutes, amongst others. You will supply complete and truthful information to the attorneys and law enforcement officers of the federal government and to any Federal Grand Jury which may conduct an investigation, as welt as in any other proceeding related to or growing out of this investigation. The obligation of truthful disclosure includes your obligation to provide the attorneys and law enforcement officers of the federal government with any documents, records or other tangible evidence within your custody or control relating to the matters about which you are questioned. You will neither attempt to protect any person or entity through false information or omission, nor falsely implicate any person or entity. No statements provided by you on this date in this matter pursuant to this agreement will be offered into evidence in any criminal case against you, except during a prosecution for perjuryand/or giving a false statement. However, if it is determined that you have materially violated any provision of this agreement, all statements made by you shall be admissible in evidence against you in any proceeding. The federal government remains free to use information derived from the grand jury testimony directly or indirectly for the purpose of obtaining leads to other evidence, which may be used against you. You expressly waive any right to claim that such evidence should not be introduced because it was obtained as a result of the grand jury testimony. Furthermore, the federal government may use statements made in the grand jury testimony and all evidence derived directly or indirectly therefrom for the purpose of cross-examination, if you testify at any trial or if you Case No. 08-80736-CV-MARRA P-003739 EFTA00086409 Ms. FEBRUARY 5, 2007 PAGE 2 suborn testimony that contradicts your prior statements and testimony. No additional promises, agreements and conditions have been entered into other than those set forth in this letter and none will be entered into unless in writing and signed by all parties. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney I have read this agreement and discussed it with my attorney, and I hereby acknowledge that it fully sets forth my agreement with the office of the United Stales Attorney for the Southern District of Florida. I state that there have been no additional promises, agreements or representations made to me by any officials of the United States in connection with this matter. Dated: February 2007 West Palm Beach, Florida Witnessed by: James L Eisenber Es • Attorney for Case No. 08-80736-CV-MARRA P-003740 EFTA00086410 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY HAND James L. Eisenberg, Esq. 250 S Australian Ave, Ste 704 West Palm Beach, FL 33401-5007 Re: Dear Mr. Eisenberg: 500 South Australian Ave., Suite 400 West Palm Beach, Ft 33401 Facsimile: February 5, 2007 I am writing to clarify the ground rules for the interview with your client, ("your client"), to occur February , 2007. As I mentioned earlier, Ms. is not a target or subject of this investigation, but instead is being interviewed solely as a victim/witness. However, to address your concern about criminal exposure, if your client complies with every provision of this agreement, then the United States Attorney's Office for the Southern District of Florida ("this Office") will treat all statements made by your client during the interview as statements made pursuant to Rule 11(0 of the Federal Rules of Criminal Procedure. This is not a grant of immunity, which can be given only with approval of the Justice Department, but protects your client from having the statements made by her during the interview from being used against her directly. To guard against any misunderstandings concerning the interview of your client, this letter sets forth the terms of this agreement. Your client agrees to be fully interviewed, that is, to provide information concerning your client's knowledge of, and participation in criminal activity, including but not limited to the procurement of prostitutes. The protection of this letter applies to an interview that will be conducted by this Office, Special Agents of the Federal Bureau of investigation, and any other federal law enforcement agency this Office may require. Under this agreement, no information disclosed by your client during the interview will be offered in evidence against her in any criminal or civil proceeding, provided that your client complies with this agreement and that the information your client furnishes is truthful, complete, and accurate. I f, however, your client gives materially false, incomplete, or misleading information, Case No. 08-80736-CV-MARRA P-003741 EFTA00086411 JAMES L. EISENBERG, ESQ. RE: FEBRUARY 2, 2007 PAGE 2 then this Office may use such information in any matter or proceeding and your client is subject to prosecution for perjury, obstruction of justice, and making false statements to government agencies. Any such prosecution may be based upon information provided by your client during the course of the interview, and such information, including your client's statements, will be admissible against your client in any grand jury or other proceeding. The government also may use statements made by your client in the interview and all evidence derived directly or indirectly therefrom for the purpose of impeachment or cross-examination if she testifies at any trial or hearing, and/or in any rebuttal case against your client in a criminal trial in which she is a defendant or a witness. These provisions are necessary to ensure that your client does not make or offer any false representation or statement in any proceeding or to a government agency or commit perjury during any testimony. Your client further agrees that attorneys for the United States may be present at the interview, and agrees not to seek disqualification of any such govermnent attorney from any proceeding or trial because of their participation at the interview. The entire agreement between the United States and your client is set forth in this letter. No additional promises, agreements, or conditions have been entered into and none will be entered into unless in writing and signed by all parties. If the foregoing accurately reflects the understanding and agreement between this Office and your client, it is requested that you and your client exec