EFTA01081657.pdf

CM/ECF - Live Database - flsd Page I of 6 LRJ U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80736-KAM Doe v. United States of America Date Filed: 07/07/2008 Assigned to: Judge Kenneth A. Marra Jury Demand: None Cause: no cause specified Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Defendant Petitioner Jane Doe represented by Bradley James Edwards Farmer Jaffe Weissing Edwards Fistos & Lehrman PL 425 N Andrews Avenue Suite 2 Fort Lauderdale, FL 33301 ax: Emai LEAD ATTORNEY TO BE NOTICED Jay C. Howell Jay Howell & Associates PA 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 Email: PRO HACVI”E ATTORNEY TO BE NOTICED Paul G. Cassell Email: PRO A VI E ATTORNEY TO BE NOTICED V. Respondent United States of America represented by Ann Marie C. Villafana United States Attorney's Office 500 South Australian Ave Suite 400 West Palm Beach, FL 33401 https://ecf.flsd.uscourts.gov/cgi-bin/DktRot.pl'1546487993442289-L_560_0-1 3/21/2011 EFTA01081657 CM/ECF - Live Database - flsd Page 2 of 6 LEAD ATTORNEY ATTORNEY TO BE NOTICED Dexter Lee United States Attorney's Office 99 NE 4 Street Miami, FL 33132 ATTORNEY TO BE NOTICED Date Filed # Docket Text 03/21/2011 a Plaintiffs MOTION Jane Doe #1 and Jane Doe #2's Motion to Use Correspondence to Prove Violations of the Crime Victims' Right Act and to Have Their Unredacted Pleadings Unsealed by Jane Doe. (Edwards, Bradley) (Entered: 03/21/2011) 03/21/2011 a) Plaintiffs MOTION Jane Doe #1 and Jane Doe #2's Motion for Order Directing the U.S. Attorney's Office Not to Withhold Relevant Evidence by Jane Doe. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order PROPOSED ORDER)(Edwards, Bradley) (Entered: 03/21/2011) 03/21/2011 42 Plaintiffs MOTION Jane Doe #1 and Jane Doe #2's Motion to Have Their Facts Accepted Because of the Government's Failure to Contest Any of the Facts by Jane Doe. (Edwards, Bradley) (Entered: 03/21/2011) 03/21/2011 48 Plaintiffs MOTION for Summary Judgment REDACTED- Jane Doe #1 and Jan Doe #2's Motion for Finding of Violations of the Crime Victims' Rights Act and Request for Hearing on Appropriate Remedies by Jane Doe. Responses due by 4/7/2011 (Attachments: # 1 Exhibit A-SEALED, # 2 Exhibit B, # 2 Exhibit C, # 4 Exhibit D, # 1 Exhibit E, # 6 Exhibit F, # 2 Exhibit G, # a Exhibit H, # 2 Exhibit I, # LQ Exhibit J, #11 Exhibit K)(Edwards, Bradley) (Entered: 03/21/2011) 03/18/2011 42 ORDER granting 46 Motion for Leave to File Excess Pages. Signed by Judge Kenneth A. Marra on 3/18/2011. (ir) (Entered: 03/18/2011) 03/18/2011 46 Unopposed MOTION for Leave to File Excess Pages of Statement of Facts in Support of their Motion for Finding of Violations of the Crime Victims' Right Act by Jane Doe. (Attachments: #1 Text of Proposed Order)(Edwards, Bradley) Modified on 3/18/2011 (Is). (Entered: 03/18/2011) 12/17/2010 41 STATUS REPORT by United States of America (Villafana, Ann Marie) (Entered: 12/17/2010) 10/28/2010 94 ORDER REOPENING CASE. Signed by Judge Kenneth A. Marra on https://ectfisd.uscourts.gov/cgi-bin/DktRot.pl?546487993442289-L 560._0-1 3/21/2011 EFTA01081658 CM/ECF - Live Database - flsd Page 3 of 6 10/28/2010. (ir) (Entered: 10/28/2010) 10/28/2010 43 Clerks Notice to Filer re 41 Status Report. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (Is) (Entered: 10/28/2010) 10/27/2010 42 RESPONSE TO ORDER TO SHOW CAUSE by Jane Doe. (IsXSee Image at DE #11 ) (Entered: 10/28/2010) 10/27/2010 41 STATUS REPORT by Jane Doe (Edwards, Bradley) Modified to add missing event 42 Response to Order to Show Cause on 10/28/2010 (Is). (Entered: 10/27/2010) 10/12/2010 40 ORDER TO SHOW CAUSE for lack of prosecution. Show Cause Response due by 10/27/2010. Signed by Judge Kenneth A. Marra on 10/8/2010. (ir) (Entered: 10/12/2010) 09/13/2010 39 NOTICE by Jane Doe re 21 Administrative Order In Response to Administrative Order Closing Case (Edwards, Bradley) (Entered: 09/13/2010) 09/08/2010 la Administrative Order Closing Case. Signed by Judge Kenneth A. Marra on 9/8/2010. (tb) (Entered: 09/09/2010) 04/09/2009 21 NOTICE by Jane Doe of Change of Firm Affiliation (Edwards, Bradley) (Entered: 04/09/2009) 02/12/2009 3 a ORDER denying Motion to Unseal Document. Signed by Judge Kenneth A. Marra on 2/12/2009. (ir) (Entered: 02/12/2009) 12/22/2008 25 AFFIDAVIT signed by : A. Marie Villafana. re 14 Affidavit, 13 Response/Reply (Other) Supplemental Declaration by United States of America. (Attachments: # 1 Certification Certificate of ServiceXVillafana, Ann Marie) (Entered: 12/22/2008) 12/09/2008 34 Clerks Notice of Docket Correction re 33 Sealed Document. Error(s): Sealed Document Filed in Wrong Case; Correction - Original document restricted and refiled in correct case. (rb) (Entered: 12/09/2008) 12/05/2008 SYSTEM ENTRY - Docket Entry 32 restricted/sealed until further notice. (dj) (Entered: 11/03/2010) 12/05/2008 33 Sealed Document. (rb) (Entered: 12/05/2008) 10/17/2008 Clerks Notice of Docket Correction and Instruction to Filer re 30 Response/Reply (Other), Response/Reply (Other) filed by Jane Doe. Error - Wrong Event Selected; Correction - Redocketed by Clerk as Reply to Response to Motion. Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (ls) (Entered: 10/17/2008) 10/16/2008 31 REPLY to Response to Motion re 2a MOTION to Unseal Document Non- Prosecution Agreement filed by Jane Doe. [See Image at DE #30] (Is) (Entered: 10/17/2008) https://ecf.fisd.uscourts.gov/cai-bin/DktRpt.pl?546487993442289-L 560_0-1 3/21/2011 EFTA01081659 CM/ECF - Live Database - flsd Page 4 of 6 10/16/2008 30 RESPONSE/REPLY to 22 Response in Opposition to Motion to Unseal Non- Prosecution Agreement filed by Jane Doe. (Attachments: # I Exhibit October 9, 2008 letter from Brad Edwards, Esquire to AUSA Dexter Lee, # 2 Exhibit October 15, 2008 Letter from Brad Edwards, Esquire to AUSA Dexter Lee) (Edwards, Bradley) (Entered: 10/16/2008) 10/08/2008 29 RESPONSE in Opposition re 28 MOTION to Unseal Document Non- Prosecution Agreement filed by United States of America. (Villafana, Ann Marie) (Entered: 10/08/2008) 09/25/2008 28 MOTION to Unseal Document Non-Prosecution Agreement by Jane Doe. Responses due by 10/14/2008 (Attachments: # I Text of Proposed Order) (Edwards, Bradley) (Entered: 09/25/2008) 08/22/2008 27 TRANSCRIPT of Hearing held on 8/14/2008 before Judie Kenneth A. Marra. Court Reporter: Stephen Franklin - phone number 25 pages. (abd) (Entered: 08/25/2008) 08/21/2008 26 ORDER TO COMPEL PRODUCTION AND PROTECTIVE ORDER. Signed by Judge Kenneth A. Marra on 8/21/08. (ir) (Entered: 08/21/2008) 08/20/2008 24 NOTICE of Instruction to Filer: re 22 Notice (Other) filed by United States of America Error: Wrong Event Selected; Instruction to filer - In the future please select the proper event. (Is) (Entered: 08/20/2008) 08/14/2008 25 Minute Entry for proceedings held before Judge Kenneth A. Marra: Status Conference held on 8/14/2008. Court Reporter: Stephen Franklin- phone number (ir) (Entered: 08/21/2008) 08/13/2008 23 ORDER Setting Status Conference: Status Conference set for 8/14/2008 03:30 PM in West Palm Beach Division before Jude Kenneth A. Marra. Parties may contact the courtroom deputy at to make arrangements to appear telephonically. Signed by Judge enne . arra on 8/13/08. (ir) (Entered: 08/13/2008) 08/13/2008 22 NOTICE by United States of America re 19 Response/Reply (Other), Response/Reply (Other) Government's Response to Petitioners' Requestfor Non-Prosecution Agreement and Report ofInterview (Lee, Dexter) (Entered: 08/13/2008) 08/13/2008 21 ENDORSED ORDER granting Jay C. Howell 2Q Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 8/12/08. (ir) (Entered: 08/13/2008) 08/08/2008 22 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Jay C. Howell, Filing Fee $75, Receipt #724591. (cw) (Entered: 08/12/2008) 08/01/2008 12 RESPONSE/REPLY to Goverment's Notice to Court Regarding Absence of Needfor Evidentiary Hearing and Motionfor Production ofNon-Prosecution Agreement and ofReport ofInterview filed by Jane Doe. (Attachments: # 1 Exhibit Proposed Stipulation, # 2 Exhibit July 17, 2008 Letter, # 3 Exhibit July 3, 2008 Letter)(Edwards, Bradley) (Entered: 08/01/2008) https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?546487993442289-L....560_0-1 3/21/2011 EFTA01081660 CM/ECF - Live Database - flsd Page 5 of 6 07/30/2008 18 ENDORSED ORDER granting Paul G. Cassell 16 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Kenneth A. Marra on 7/29/08. (ir) (Entered: 07/30/2008) 07/29/2008 17 NOTICE by United States of America To Court Regarding Absence of Need for Evidentiary Hearing (Lte, Dexter) (Entered: 07/29/2008) 07/28/2008 16 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Paul G. Cassell, Filing Fee $75, Receipt #724532. (cw) (Entered: 07/28/2008) 07/17/2008 15 TRANSCRIPT of Hearing held on 7/11/2008 before Jude Kenneth A. Marra. Court Reporter: Victoria Aiello- phone number 32 pages. (abd) (Entered: 07/18/2008) 07/11/2008 II ORDER Denying Motion to Seal re 7 Sealed Document, 6 Sealed Document, 8 Sealed Document. Signed by Judge Kenneth A. Main on 7/11/2008. (Is) (Additional attachment(s) added on 7/15/2008: # 1 docket sheet) (bs). (Entered: 07/14/2008) 07/11/2008 10 Minute Entry for proceedings held before Judge Kenneth A. Marra: Miscellaneous Hearing held on 7/11/2008. Court will issue order to unseal ings. Court Reporter: Official Reporting Service- phone number 07/11/2008 9 W (ir) (Entered: 07/11/2008) REPLY to Response (under seal) re 1 Complaint/Emergency Petition, and Objection to Government's Motion for Sealing of Pleadings filed by Jane Doe. (Is) (Entered: 07/11/2008) 07/10/2(ns 5 ORDER SETTING HEARING: Petitioner's Emergency Petition for Enforcement of Crime Victim's Rights Act set for 7/11/2008 10:15 AM in West Palm Beach Division before Judge Kenneth A. Marra. Signed by Judge Kenneth A. Marra on 7/10/08. (ir) (Entered: 07/10/2008) 07/09/2008 14 UNSEALED DECLARATION signed by : A. Marie Villafana. re 13 Response to Victim's Emergency Petition by United States of America. (previously filed as 8 sealed document) (bs) (Entered: 07/15/2008) . 07/09/2008 II UNSEALED RESPONSE to 1 Emergency Petition for Enforcement of Crime Victim Rights Act filed by United States of America. (previously filed as 7 sealed document) (bs) (Entered: 07/15/2008) 07/09/2008 12 UNSEALED MOTION to Seal Response to Victim's Emergency Petition by United States of America. (previously filed as 6 sealed document) (bs) (Entered: 07/15/2008) 07/09/2008 8 Sealed Document. (rb) UNSEALED see DE 14 . Modified on 7/15/2008 (bs). (Entered: 07/10/2008) 07/09/2008 7 Sealed Document. (rb) UNSEALED see DE11 . Modified on 7/15/2008 (bs). (Entered: 07/10/2008) 07/09/2008 6 Sealed Document. (rb) UNSEALED see DE 12 . Modified on 7/15/2008 (bs). https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.p17546487993442289-1,560_0-1 3/21/2011 EFTA01081661 CM/ECF - Live Database - flsd Page 6 of 6 (Entered: 07/10/2008) 07/09/2008 4 NOTICE of Attorney Appearance by Dexter Lee on behalf of United States of America (Lee, Dexter) (Entered: 07/09/2008) 07/07/2008 2 ORDER requiring U.S. Attorney to respond to 1 Complaint filed by Jane Doe by 5:00 p.m. on 7/9/08. Signed by Judge Kenneth A. Marra on 7/7/08. (ir) (Entered: 07/07/2008) 07/07/2008 2 CERTIFICATE OF EMERGENCY by Jane Doe re 1 Complaint (rb) (Entered: 07/07/2008) 07/07/2008 1 EMERGENCY PETITION for Victim's Enforcement of Crime Victim's Rights Act 18 USC 3771 against United States of America Filing fee $ 350. Receipt#: 724403, filed by Jane Doe.(rb) (Entered: 07/07/2008) PACER Service Center Transaction Receipt 03/21/2011 16:28:15 PACER Login: fw0694 Client Code: 80743 Description: _ Docket Report Search Criteria: 9:08-cv-80736-ICADA Billable Pages: 4 Cost: 10.32 hups://ecf.flsd.uscourts.gov/cgi-bin/DktRot.pl?546487993442289-L_560_0-1 3/21/2011 EFTA01081662 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 1 of 42 UNITED STATES DISTRICT COURT A SOUTHERN DISTRICT OF FLORID n Case No. 08-80736-Civ-Marra/Johnso JANE DOE #1 and JANE DOE #2 v. UNITED STATES LATIONS OF MOTION FOR FINDING OF VIO JANE DOE #1 AND JANE DOE #2'S G ON ACT AND REQUEST FOR A HEARIN THE CRIME VICTIMS' RIGHTS APPROPRIATE REMEDIES ), by and Doe #2 (also referred to as "the victims" COME NOW Jane Doe #1 and Jane rights under e for a find ing from this Court that the victims' through undersigned counsel, to mov U.S. RA), 18 U.S.C. § 3771, have been violated by the the Crime Victims Rights Act (CV e violations. ring on the appropriate remedies for thes Attorney's Office, and to request a hea have failed to facts to the Government, which they The victims have proffered a series of Attorney's Office has these facts,I it is clear that the U.S. contest. Proceeding on the basis of t to confer with ected CVRA rights, including their righ repeatedly violated the victims' prot ement the and spec ifically about a non-prosecution agre prosecutors generally about the case U.S.C. as well as their right to fair treatment. See 18 Office signed with the defendant, 3771(a)(5) & (8). . Attorney's ple, that in September 2007, the U.S It is now beyond dispute, for exam that barred his tion agreement with Jeffrey Epstein Office formally signed a non-prosecu pted by the filing a motion to have their facts acce The victims are contemporaneously Court. EFTA01081663 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 2 of 42 well as offenses he committed against the victims (as prosecution for numerous federal sex this non-prosecution er than confer with the victims about against many other minor girls). Rath a "confidentiality" 's Office and Jeffrey Epstein agreed to agreement, however, the U.S. Attorney ms. For the next disclosure to anyone — including the victi provision in the agreement barring its concealed from the U.S. Attorney's Office assiduously nine months, as Epstein was well aware, Office went so ms the exis tenc e of this sign ed non-prosecution agreement. Indeed, the the victi rming them send (in Janu ary 2008 ) a false victi m notification letter to the victims info far as to Office had already stigation." In fact, the U.S. Attorney's that the "case is currently under inve Again on May signing the non-prosecution agreement. resolved the case three months earlier by r to a recognized sent yet another victim notification lette 30, 2008, the U.S. Attorney's Office "can be a lengthy m info rmin g her that the "cas e is currently under investigation" and that it victi stigation." and we requ est your cont inue d patie nce while we conduct a thorough inve process of the 2008 , on the eve of cons umm ating Epstein's state guilty plea that was part Then in June the victims to rney's Office asked legal counsel for non-prosecution agreement, the U.S. Atto be filed — not views on why federal charges should send a letter expressing the victims' because the non- sel that this was a pointless exercise disclosing to the victims' legal coun signed some nine months earlier. prosecution agreement had already been Doe ill and them constitute clear violations of Jane These actions and many more like er with e Victims Rights Act, including the right to conf Jane Doe #2's rights under the Crim rney's Office and the righ t to fair tream ent. The only argument that the U.S. Atto prosecutors filed in this case. apply because no indictment was formally advances is that the CVRA does not e.g., 18 U.S.C. § both the CVRA's plain language, see, But this position is inconsistent with 2 EFTA01081664 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 3 of 42 the "detection" and "investigation" of 3771(c)(I) (Justice Department agencies involved in case law, see, e.g., In re Dean, 527 F.3d federal crimes covered by CVRA), and with persuasive before pre-indictment plea reached). 391, 394 (5th Cir. 2008) (victims should have been notified of its obligations to notify the Moreover, the U.S. Attorney's Office itself was 'idly aware evidence make perfectly clear. The victims in this case, as e-mails from the Office and other the non-prosecution agreement from the only reason that the Office concealed the existence of but rather to avoid a firestorm of public victims was not to comply with some legal restriction, deal with a politically-connected controversy that would have erupted if the sweetheart plea billionaire had been revealed. ey's Office — in coordination with The Court should accordingly find that the U.S. Attorn schedule and hearing on the proper Jeffrey Epstein -- has violated the Act and set a briefing remedy for those violations. S STATEMENT O1? UNDISPUTED MATERIAL FACT ent of undisputed material facts. Jane Doe #1 and Jane Doe #2 offer the following statem s request an evidentiary hearing to prove If the Government disputes any of these facts, the victim each and every one of them: 2 in (a billionaire with significant 1. Between about 2001 and 2007, defendant Jeffrey Epste girls at his mansion in West Palm political connections) sexually abused more than 30 minor s the victims explain in their 2 The Court should accept all these facts as true for reason n to Have Their Facts Accepted contemporaneously-filed Jane Doe #1 and Jane Doc #2's Motio The Facts. The Court should also direct Because of the Government's Failure to Contest Any of supporting these facts, for reasons the the Government to produce all evidence that it possesses #1 and Jane Doe #2's Motion for victims explain in their contemporaneously-filed Jane Doe old Relevant Evidence. Order Directing the U.S. Attorney's Office Not to Withh 3 EFTA01081665 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 4 of 42 #1 and Jane the girls he sexually abused were Jane Doe Beach, Florida, and elsewhere. Among (but lewd, lasciviou s, and sexual acts on them, including Doe #2. Epstein performed repeated or sexual toys on of their sexual organs, using vibrators not limited to) masturbation, touching tein used a digitally penetrating them. Because Eps them, coercing them into sexual acts, and engage in abuse inter state com merc e and kno wing ly traveled in interstate commerce to means of tions of federal law, the other victims), he committed viola of Jane Doe #1 and Jane Doe #2 (and . v. Epstein, Case .C. § 2422. See, e.g., Complaint, E.W including repeated violations of 18 U.S Florida); Complaint, AB (15th Cir. Palm Beach County, No. 50 2008 CA 028058 XXXXMB Beach Count, 028051 XXXXMB AB (15 th Cir. Palm L.M. v. Epstein, Case No 50 2008 CA Florida). purpose of underage girl on his private jet for the 2. Jeffrey Epstein flew at least one to be sexually rs. Epstein forced this underage girl forcing her to have sex with him and othe , and professional ding royalty, politicians, businessmen exploited by his adult male peers, inclu t, Jane Doe No. 102 v. Epstein, No. 9:09-CV-80656- and personal acquaintances. Complain KAM (S.D. Fla. May 1, 2009). ral Bureau of Beach Police Department, the Fede 3. In 2006, at the request of the Palm and his personal into allegations that Jeffrey Epstein Investigation opened an investigation ages of state commerce to induce young girls between the assistants had used facilities of inter ented titution, amo ng other offenses. The case was pres thirteen and seventeen to engage in pros which accepted the e for the Southern District of Florida, to the United States Attorney's Offic also investigating ch County State Attorney's Office was case for investigation. The Palm Bea 4 EFTA01081666 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 5 of 42 nce, Exhibit "A" to this filing (hereinafter the case. See generally U.S. Attorney's Corresponde ced by Bates page number stamp). cited as "U.S. Attorney's Correspondence" and referen and Jane Doe f42 were victims of 4. The FBI soon determined that both Jane Doe #1 s beginning when they were approximately sexual assaults by Epstein while they were minor of age respectively. Jane Doe #1, for fourteen years of age and approximately thirteen years (and the abuse of Jane Doe #2) to the example, provided detailed information about her abuse FBI on August 7, 2007. Exhibit "B." igation established that Epstein 5. More generally, the FBI through diligent invest employees and underlings to repeatedly find operated a large criminal enterprise that used paid concert as part of the enterprise with others, and bring minor girls to him. Epstein worked in obtain minor girls not only for his own including Ohislane Maxwell and Jean Luc Brunel, to cation of others. The FBI determined that sexual gratification, but also for the sexual gratifi l sex crimes against dozens of minor girls Epstein had committed dozens and dozens of federa the U.S. Attorney's Office for criminal between 2001 and 2007. They presented information to nce at 47-55. prosecution. See Exhibit "B"; U.S. Attorney's Corresponde red to Jane Doe #1 a standard CVRA 6. On about June 7, 2007, FBI agents hand-delive the Justice Department would makes its victim notification letter. The notification promised that "fflhe reasonable right to confer with the "best efforts" to protect Jane Doe #1's rights, including be reasonably heard at any public proceeding attorney for the United States in the case" and "to The notification further explained that "ft* this in the district court involving . . . plea . . ." ation meant that the FBI had identified Jane time, your case is under investigation." That notific ne protected by the CVRA. Jane Doe #1 Doe #1 as a victim of a federal offense and as someo 5 EFTA01081667 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 6 of 42 would protect these believed that the Justice Department relied on these representations and progress of her case. See Exhibit "C." rights and keep her informed about the notification 112 received a standard CVRA victim 7. On about August I 1, 2007, Jane Doe rts" to the Justice Department would makes its "best effo letter. The notification promised that for the "(title reas onable right to confer with the attorney protect Jane Doe #2's rights, including ng in the district reasonably heard at any public proceedi United States in the case" and "to be , your case is fication further explained that "[a]t this time court involving . . . plea .. . ." The noti #2 as a victim nt that the FBI had identified Jane Doe under investigation." That notification mea d on these prote cted by the CVRA. Jane Doe #2 relie of a federal offense and as someone keep her ice Department would protect these rights and representations and believed that the Just . See Exhibit "D." informed about the progress of her case had several agents and an Assistant U.S. Attorney 8. Early in the investigation, the FBI paid for by the #2 was represented by counsel that was meetings with Jane Doe Itl. Jane Doe ney. all contact was made through that attor criminal target Epstein and, accordingly, ey Epstein, plea discussions took place between Jeffr 9. In and around September 2007, z), and luding lead criminal defense counsel Jay Lefkowit represented by numerous attorneys (inc t U.S. thern Dist rict of Florida, represented by Assistan the U.S. Attorney's Office for the Sou the premise The plea discussions generally began from Attorney A. Marie Villafafia and others. surrounding his sexual at least one federal felony offense that Epstein would plead guilty to neys progressively From there, the numerous defense attor assaults of more than 30 minor girls. two state court Epstein would ultimately plead to only negotiated more favorable terms so that EFTA01081668 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 7 of 42 Many of the negotiations are reflected in felony offenses and would serve only county jail time. Office. See generally Exhibit "A." e-mails between Lefkowitz and the U.S. Attorney's 10. The evidence supporting these cking consistent testimony of several dozen charges was overwhelming, including the interlo federal criminal sexual assault prosecution by minor girls, all made automatically admissible in a pondence at 4. operation of Fed. R. Evict, 414. U.S. Attorney's Corres Attorney's Office was interested in 12. The correspondence also shows that the U.S. effectively keep the victims from learning finding a place to conclude a plea bargain that would in an e-mail to defense counsel: `E what was happening through the press. The Office wrote allninial. The 7 EFTA01081669 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 8 of 42 victims of Epstein, including Jane Doe #1 and U.S. Attorney's Office was aware that most of the the West Palm Beach area. The Office was Jane Doe #2, resided well outside the Miami area in filed in Miami would be significantly less also aware that the chances of press co