EFTA00188277.pdf

Herman &Mermelsteln, P 10:48:06a.m. 16-09-2008 1/3 HERMAN & MERMELSTEIN PA ATTORNEYS AT LAW 18205 Biscayne Boulevard Suite 2218 Miami, Florida 33160 www.hermanlaw.com FAX TRANSMITTAL FROM DATE NO. OF PAGES September 16, 2008 3 TO COMPANY FAX NUMBER U.S. Attorney's Office MESSAGE RE: Jane Does 2-5I Jeffrey Epstein Please see enclosed correspondence. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH TT IS ADDRESSED AND MAY CONTAIN_INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. EFTA00188277  Herman &Mermelsteln, P 10:48:28 a.m. 16-09-2008 2 /3 HERMAN & MERMELSTEIN PA ATTORNEYS AT LAW 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 www.hermanlaw.com September 16, 2008 Assistant U.S. Attorney 500 Australian Ave., Fourth Floor West Palm Beach, FL 33401 Re: Jeffrey Epstein This concerns your letters to us and to sexual assault victims of Mr. Epstein dated September 2, 2008. Please be advised that we strenuously object to your letters on various grounds, and believe that they are in violation of the Florida Bar Rules. First, your letters attempt to steer the victims to a particular attorney, and advise them that will be making an unsolicited contact to them in the next two weeks. This contact with prospective clients and solicitation reflected in your letters is contrary to Fla. Bar. Rule 4-7.4. Additionally, your letters are misleading in the following respects: (1) the action advocated to the victims in paragraph 2 refers generally to the victims' waiver of "any other claim for damages", failing to advise them that this waiver may include a valuable claim to punitive damages against an alleged billionaire; and (2) the letters imply in paragraph 3 that Mr. Epstein's agreement to pay attorney fees is a significant concession, when in fact a victim is entitled to reasonable attorneys' fees under the Statute upon proof of a violation, irrespective of Mr. Epstein's agreement. We accordingly demand that the U.S. Attorneys' office immediately cease and desist from directing unrepresented victims into unsolicited attorney contacts and misleading them about their rights in claims against Mr. Epstein. We demand that you instruct Mr. Josefsberg not to solicit victims, and to send letters to unrepresented victims correcting the misleading statements contained in your September 2, 2008 letters. EFTA00188278 305-9312200. Herman &Mermelstcln, P 10:48:58 a.m. 16-09-2008 3/3 September 16, 2008 Page 2 Finally, we demand that you make no contact with our clients direct( and contact them onl t • EFTA00188279 09/ 16/2008 17:18 PODHURST,ORSECK NO.269 0001 PODHURST O_RSECK, P.A. City National Bank Building, Suite 800 25 West Flagler Street Miami, FL 33130 Please deliver the following page(s) to: File No. Epstein From Date: 9/16/08 Number of page(s): (Including cover page) Our Fax Number: MESSAGE: If you do not receive all pages, please contact us immediately at: (305) 358-2800 - Extension 3241 THIS IS A PRIVILEGED AND CONFIDENTIAL COMMUNICATION. IF YOU ARE NOT AN INTENDED RECIPIENT, YOU SHOULD: (1) REPLY TO SENDER; (2) DESTROY THIS COMMUNICATION ENTIRELY, INCLUDING DELETION OFALL ASSOCIATED TEXT FILES FROM ALL INDIVIDUAL AND NETWORK STORAGE DEVICES; AND (3) REFRAIN FROM COPYLNG OR DISSEMINATING THIS COMMUNICATION BY ANY MEANS WHATSOEVER. THANK YOU. EFTA00188280 09/ 16/2eee 17:le PODHURST,ORSECK N3.269 P002 Pod hurst __,:AL LAW -IC:374S September 15, 2008 VIA FACSIMILE U.S. Attorney's O ce Lewis Tem, P.L. Southern District of Florida 3059 Grand Avenue, Suite 340 500 S. Australian Avenue, Suite 400 Coconut Grove, FL 33133-5166 West Palm Beach, FL 33401 Black, Srebnick, et al. 201 S. Biscayne Blvd., Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Ms Enclosed please find a letter received today from Before I start wasting my time and Mr. Epstein's money researching the ethical issues, I would li IS. w if any of you looked into Rule 4-7.4. Until I am advised to the contrary, I shall assume is incorrect, but I would like this issue resolved as soon as possible. Very truly yours, P.A. 25 Weet Hagler Street. Suite 800, Miami, FL 33130 www.podIttust.com EFTA00188281 09/16/2008 17:18 PODHURST,ORSECK NO.269 P003 '0:50:14 a.m. 16-09-2008 2/2 Oerman&Mennelswin.p HERMAN 5t MERMEL-STEIN PA ATTORNEl's AT LAW 18205 Biscayne Blvd. Suite 2218 Miami, Honda 33160 www.hennanlaw.com September 16, 2008 Via Fax and Regular Mail 25 W Flagler St Ste 800 Miami, Florida 331301720 Re: Jeffrey Epstein Dear Mr. Josefsberg: tant U.S. Attorney■ • receipt of letters dated September 2, 2008 from Assis Epstein. That letter that were sent to sexual assault victims of Jeffrey civil claims against Epstein. advises victims that you will be contacting them regarding and the contemplated unsolicited Please be advised that we strenuously object to these letters sent the following victims in contacts with victims. Please be further advised that we repre contact with any of them, except claims against Jeffrepy Es tein, and direct that you make no victims, and for the We further believe that Mr. Epstein's plan for you to represent violation of the Florida Bar Assistant 1J.S. Attorney to assist you in soliciting them, is in in these activities. Rules, particularly Rule 4-7.4. We urge you not to participate EFTA00188282