EFTA00606754.pdf

Case 9:0B-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 0840811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFF JANE DOE NO. 2's MOTION TO COMPEL COMPLIANCE WITH SUBPOENA AND FOR ORDER OF CONTEMPT AGAINST ALFREDO RODRIGUEZ, AND INCORPORATED MEMORANDUM OF LAW Plaintiffs, Jane Doe No. 2, et al., by and through undersigned counsel, hereby file this Motion to Compel Compliance with Subpoena and for Order of Contempt Against Alfredo Rodriguez, and Incorporated Memorandum of Law, pursuant to Fed.R.Civ.P. 45(e), and state as follows: 1. On July 25, 2009, Alfredo Rodriguez, a nonparty, was personally served a subpoena duces tecum to appear for deposition on July 29, 2009 ("the subpoena'). I The I Rodriguez was originally scheduled to appear for deposition on July 23, 2009, but failed to appear, claiming that he had "car troubles." Plaintiffs' counsel arranged for car service for him to appear at the July 29, 2009 deposition. EFTA00606754 Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 2 of 7 subpoena and proof of service are attached as Exhibit "A." He was commanded to provide testimony and produce the following: Any and all journals, notes, diaries, writings or other documents referring to or relating to Jeffrey Epstein or events or incidents occurring at his residence located at 358 El Brillo Way, Palm Beach, Florida, including without limitation, the journal you described to Palm Beach Police that contains the names of girls who visited the residence. 2. Rodriguez did not object to the subpoena, nor did he claim the requested documents were privileged. He appeared for deposition on July 29, 2009, and August 7, 2009, but he filed to bring any of the requested documents. During his testimony on August 7, 2009, he swore that he had no responsive documents in his possession, and that he had turned over all such documents to the Palm Beach Police, including a journal which listed the names and phone numbers of young girls who came to the residence where he worked to give "massages" to Jeffrey Epstein. agg Exhibit "B", deposition transcript of Alfredo Rodriguez, taken August 7, 2009, pp. 318-319. 3. On February 1, 2010, Rodriguez was arraigned in federal court on obstruction of justice charges based on allegations that he intentionally withheld documents fiom federal and state law enforcement authorities. These withheld documents encompass those requested in Plaintiffs' subpoena, including the journal listing names and phone numbers of young girls. According to the criminal complaint, after making misrepresentations to federal law enforcement authorities and withholding documents, he attempted to sell these documents to a cooperating witness for $50,000. Rodriguez made this offer after his deposition on August 7, 2009, at which he testified under oath that he did not possess the documents. A copy of the criminal complaint is attached hereto as Exhibit "C". 2 EFTA00606755 Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 3 of 7 4. It is likely that Rodriguez remains in possession of at least a copy of the journal that is the subject of the subpoena. Nonetheless, even if he did not retain a copy of the documents he handed to the cooperating witness, Rodriguez has the right to possession of those documents. Specifically, they are subject to production to Rodriguez in the discovery phase of his criminal case. The Assistant U.S. Attorney has an affirmative duty to produce all evidence in her possession that is material to the guilt of Alfredo Rodriguez, regardless of whether that information was requested by the Defendant or not See United States v. Bagley, 473 U.S. 667 (1985). See e Fed.R.Crim P. 16(a)(IXE). Evidence is material that creates a reasonable probability that the outcome of a criminal proceeding would be different if suppressed. PI at 682. The journal in question is the central piece of evidence in the prosecution's case against Alfredo Rodriguez. Accordingly, Alfredo Rodriguez has, at the very least, a right to possession of the document that are the subject of the Plaintiff's subpoena. 5. Rule 45(aX1)(i), Fed.R.Civ.P., permits a party to subpoena documents from a nonparty that are within "that person's possession, custody or control." The term "control" under the federal discovery rules includes not only documents in the nonparty's possession, but also "the legal right to obtain the documents requested on demand." Searock v. Stripling, 736 F.2d 650 (11th Cir. 1984). Rodriguez has this right to obtain the subpoenaed documents under Battlev or in the normal course of discovery in his criminal case. 2 Therefore, it would not be an excuse or response that Rodriguez does not at this moment have possession of the subpoenaed documents. 2 These documents, moreover, are not subject to the Fifth Amendment "act of production" privilege since they are already in the possession of the government and their 3 EFTA00606756 Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 4 of 7 6. Plaintiffs' counsel has no other means of obtaining a copy of the documents in Rodriguez's possession except by means of an Order requiring full compliance with the July 25, 2009 subpoena. 7. Plaintiff further seeks an Order pursuant to Fed.R.Civ.P. 45(e) to bold Rodriguez in contempt of court, together with sanctions as this Court deems appropriate. 8. A Commentary to Rule 45(e) notes "the special role that contempt plays in enforcing subpoenas against nonparty witnesses". Fed.R.Civ.P. 45(e) (Commentary C45- 26, Contempt). Where a nonparty fails to comply with a subpoena, "the threat of contempt is the only remedy." Ida The civil contempt power of the Court extends to jail of the nonparty to enforce compliance: The contempt most often associated with the disobedience of a subpoena is the category of "civil" contempt, the purpose of which is to enforce compliance in the particular case, with any penalty imposed designed to further the rights of the party in whose behalf the subpoena issued. When it is still within a person's power to comply, for example, and the person willfully refuses to, the person can be jailed until compliance is offered. Even the jailing in that case is an aspect of civil, not criminal, contempt. 9. Plaintiffs' counsel has conferred with federal public defender David Brannon, who stated that Alfredo Rodriguez objects to the relief requested in this Motion in that Alfredo Rodriguez claims to no longer be in possession of responsive documents. WHEREFORE, Plaintiffs, Jane Doe No. 2 et al., respectfully request (1) an Order requiring Alfredo Rodriguez to comply with the lawfully issued subpoena duces tecum and produce copies of all documents in his care, custody or control relating to Jeffrey Epstein, production would not "implicitly authenticate" them. Se.e Fisher v. United States, 425 U.S. 391, 410 (1976). 4 EFTA00606757 Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 5 of 7 including without limitation, the log of names and phone numbers he recently attempted to sell to a cooperating witness; (2) an order holding Alfredo Rodriguez in contempt of court for failure to comply with the lawfully issued subpoena, and providing that Alfredo Rodriguez shall produce the requested documents to Plaintiffs' counsel by a date certain or be arrested and jailed for civil contempt until such time as the documents are produced; and (3) any and all other relief this Court deems appropriate. Certificate Pursuant to S.D.Fla.L.R. 7.1(A)(3) Counsel for the movant has conferred with counsel for the nonparty affected by the relief sought in this Motion in a good faith effort to resolve the issues raised in the Motion and has been unable to do so. Dated: February 17, 2010 Respectfully submitted, By: /s/ Adam D. Horowitz Stuart Mermelstein FL Bar No. 947245) S. am . orovn ar o.376980) Jessica D. Arbour (FL Bar No. 67885) MERMELSTEIN & HOROWITZ, P.A. Attorneysfor Plaintiffs 18205 Biscayne Blvd., Suite 2218 Miami. Florida 33160 5 EFTA00606758 Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 6 of 7 CERTIFICATE OF SERVICE I hereby certify that on February 17, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Adam D. Horowitz 6 EFTA00606759 Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 7 of 7 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. Katherine Warthen Ezell IMMIS Robert D. Critton, Esq. Paul G. Cassell Michael James Pike Richard Horace Willits Bradley James Edwards Robert C. Josefsberg Isidro Manuel Garcia Via Facsimile and Regular Mail: Dave Lee Brannon, Esq. Jack Patrick Hill Federal Public Defender 450 S Australian Ave Ste 500 West Palm Beach, Florida 33401-5008 7 EFTA00606760 Cias,(1618-ev-80149,akCeMmereapiment 469-1 Entered on FL SO DiBcqpriflq2;1_9009Page 1 ii:13 4 AO SSA (Rev. 01/09) Sobsens io Test4 at s Daposicke of soPnal000 Doeustads in a Qvi Action UNITED STATES DISTRICT COURT for the Southern District of Florida Jane Doe No. 2 Plaffingtf v. Civil Action No. 08-CV-80119-MARRAJJOHNSO Jeffrey Epstein (If the ittlion is pending in another distsid, state what Dckndare SUBPOENA TO TESTIFY AT A DUOS OR TO PRODUCE DOCUMENTS IN A To: Alfredo Rodriguez 11349 SW 88 Lane, Miami, FL th 1 1/ 141 I Tartmony: YOU ARE COMMANDED to appear at the time, nit, and set f to testify at a deposition to be taken in this civil action. If you are an organization that is not a party in this cue, you must desigtet one or more officers, directors, or managing agents, or designate other persons who consent to ritify on your behalf about the following matters, or those set forth in an attachment: Place: Kress Court FteportIng Date and Time: 1031 Ives Dairy Road, Suite 228, Bldg. 4 07291200911:00 am North Mang, FL 33179 The deposition will be recorded by this method: Court Reporter and Vldeograoher if Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: Any and all journals, notes, diodes, writings or other documents referring or relating to Jeffrey Epstein or events or incidents occurring at his residence located at 358 El Brillo Way, Palm Beach, Florida, including without limitation, the Journal you described to Palm Beach Police that contains names of girls who visited the residence. The provisions of Fed. IL Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: 07/24/2009 The name, address, e-mail, and telephone number of the attorney representing (name ofparty) Jane Doe No. 2 , who issues or requests this subpoena, art Mermeistein & Horowitz, PA -Adam D. Horowitz, Esq. 18206 Biscayne Blvd., Starr 2218, Mang, FL 33160 Tel: 305-931-2200 - emat ahorovelz@sexabuseaftomey.00m EXHIBIT 4 EFTA00606761 me.et8SA8-cv-8Ok-Sitalblt}neio:. ment 469-1 Entered on FLSD flaolttikt,Q,?/1.“2911;309 Page 2A 4 AO 28A (Rev. 01/050Subpcauk to Tester ate DopasiS:e orb Prodoce Dectxneati is a Civil Action (Pap 2) Civil Action No. 08-CV-80119.MARRNJOHNSO PROOF OF SERVICE (This section shouldnot befiled with the cowl finless required by FesL R CM P. 41) This subpoena for (Tame havIdual ond rule tjatry) was received by me on (dote O 1 personally saved the subpoena on the individual at (place) (dak) O I left the subpoena at the individual's residence or usual place of abode with (nom) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or O I served the subpoena on (name of Individual) designated by law to accept service of process or behalf of (name oforgantemlan) on Owe/ ; or O I returned the subpoena unexecuted because ; or O Other (spec '): Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of My fees are S for travel and $ for services, for a total of S 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and ink Server's adders Additional information regarding attempted service, etc EFTA00606762 alstiVe8-cv-80114tilantditlmeOtament 469-1 Entered on F LSD Docket P2/17/41%39Page 3 ph 4 MERMELSTEIN & HOROWITZ PA ATTORNEYS AT LAW Stuart S. Mermetatein 18205 Biscayne Bhd. Suits 2218 Mart* Florida 39180 vowanabuseattomay.com July 24, 2009 Vitt Process Server Alfredo Rodriguez 11349 SW 86th Lane Mami, FL 33173 Re: Jane Does v. Jeffrey Epstein Dear Mr. Rodriguez: As you arc aware, your deposition has been rescheduled to July29, 2009 at 11:00am. due to your ear problems on the previously scheduled date ofJuly 23, 2009. We will provide ear service to transport you to and from the deposition. The car will pick you up at 9:45 a.m. on Wednesday, July 29, 2009. Please review the witness and document subpoena you are being provided by the process server. Thank you for your attention to this matter. Very truly yours, A7t Stuart S. Mermelstein EFTA00606763  02/17/2010 Page 4 of 4 Case 9:08-cv-80119-KAM Document 469-1 Entered on FLSD Docket RETURN OF SERVICE UNITED STATES DISTRICT COURT MIAMI-DADE District of Florida Case Number. 08-CV-80119-MARRA/JOHNSO Plaintiff: JANE DOE NO. 2 vs. Defendant JEFFREY EPSTEIN For. Adam O Horowitz MERMELSTEIN & HOROWITZ PA 18205 Biscayne Bolevard Suite 2218 Miami, FL 33160 on ALFREDO Received by MIMAI-DADE PROCESS, INC. on the 24th day of July, 2009 at 4:00 pm to be served RODRIGUEZ, 11349 SW 86 LANE, MIAMI, FL. I, RAFAEL (BUDA) GONZALEZ. do hereby affirm that on the 25th day of July, 2009 at 5:24 pm, I: AT DEPOSITION Individually Served the within named person with a true copy of this SUBPEONA TO TESTIFY OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION with the date and hour endorsed thereon by me, pursuant to State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good in which standing, in the judicial circuit in which the process was served and have proper authority in the jurisdiction this service was made..Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true F.S. 92.525 Verification of documents. FAEL (BUDA) GONZALEZ rtifed Process Server #1250 MIAMI-DADE PROCESS, INC. 247 S.W. 8 Street # 293 Miami. FL 331304513 Our Job Serial Number 2009001154 CePrehl 0 11024005 000ess Swam. Inc • Proms* !Proles Tocaxx V0 2w EFTA00606764 C e 9:08-cv-80119-KAM Document 469-2 Entered on FLSD Docket 02/17/2010 Page 1 of 3 Page 271 2/3 aE DOE N0.6, USE NQ 0B-CV-$0994 1 IN THE aftcurr COURT OF THE 15Th Make, JUDICIAL CIRCUIT IN AND FOR 2 PALM BEACH COUNTY, FLORIDA FREY EPSTEIN, Defendant 3 CASE NO. 502038CA037319)C0C048 AB 4 CASE NO: 08-Cv-80993 5 Plaintiff, 6 Vs. 7 JEHREY EPSTEIN. Defendant 9 10 11 17 1031 Ives Dairy Road Suite 228 13 North Miami, Eland,' August 7, 2009 E 00E, CASE NO: OIKV410893 14 1:15 p.m. to 5:30 p.m. 15 16 CONTINUED 17 VIDEOTAPED 18 DEPOSITION 19 CC 20 ALFREDO RODRIGUEZ 21 22 taken on behalf of the Plaintiffs pursuant 23 to a Re-Notice of Taking Continued Videotaped 24 Deposition (Duces Team) 25 Page 272 Page 271 E DOE NO. II, CASE NO: 08-CV-80469 1 APPEARANCES: Plaintiff, 2 'S. 3 MEMEISTEIN /1 HOROWITZ, PA. EFFREY tea i t04, BY: ADAM HOROWITZ, ESQ. 4 18206 Moyne Boulesd Defendant. Sete 221$ 5 tan, Plorlda 33160 Atuney for Jane Doe 2, 3, 4, 5, ME DOE NO. 101 CASE NO: 08-CV-80591 6 6, and 7. 7 8 RCRSTISIN ROSPINFEUR ADLER Plaintiff, BY: BRAD EDWARDS, ESQ., and 9 CAM HOLES, ESQ. S. Las Oiss CRY Caere t0 Suite 1650 EFFREY EPSTEIN, 401 East Las Olas Boulevard 11 Fat !rodent/de, Mild. 33301 AEbne/ for lane Doe ad £W. Defendant. 12 And LM. 13 ME DOE NO. 102, CASE Nth 08-CV-80656 14 POEMPST ORSEC1C Malntiff, BY: KATHERINE W. &EU., esQ. s. 15 25 West Rapier Street Suite 800 EFFREY EPSTEIN, 16 Min, Horde 33130 Defendant Motley for )elf Doe 101 and 102. 17 18 lEOPOWKININ 19 BY: ADAM). LANGINO, ESQ. nes PGA tioulerard 20 Stale 200 Pairs Beach Gamens, R000. 33410 21 Attorney foe 1511. 22 23 24 25 r to z/ 4 XHIBIT I Kress Court Reporting, Inc. 305-866-7688 7115 Rue Notre Dame, Miami Beach, FL 33141 g EFTA00606765  Entered on FLED Docket 02/1 111016Page z of a se 9:08-cv-80119-KAM Document 469-2 Page 315 master bedroom? Page 317 1 Q. White. By the way, I have some more Yes, ma'am. 2 water, would you like some? Q. And how would you do that? If you want 3 A. Thank you, ma'am. w turn the page over for the upstairs you could 4 Q. !figure if I'm a tattle dry you may be do that. 5 too. A Okay. 6 I believe one of the items that you MR. CRITTON: Are you going to mark this 7 mentioned that sometimes had to be picked up after as an exhibit? • 8 girls were there giving massages was a back MS. EZELL: Uh-huh. 9 massager. MR. CRITTON: Would that be Exhibit 3? 10 A. Yes, ma'am. MR. EDWARDS: I think so. 11 Q. Could you describe that for me, please? (Exhibit No. 3 was marked for 12 A. It was a piece about this big. Identification.) 13 Q. Would you say that's about 18 inches? THE WITNESS: This is the master bedroom, 14 A. Yes, ma'am. And two prongs with master bath, and there were one, two -- the the 15 rubber tips and a cord. rest of the bedrooms were here and the 16 Q. Okay. master bedroom was here. This is master 17 A. Or it could be detached too. bath one and master bath two. 18 Q. Do you have any recollection of what make So the staircase came to the second floor 19 that was? fike this and it was between the first and 20 A. No, ma'am. second bedroom. And you could go through 21 Q. Were there any other massagers that you here and you enter a foyer with double doors 22 recall seeing there regularly? here, double doors here, and you enter the 23 A. Those are the ones I remember. I think master bedroom. 24 they are from Sharper Image, but I don't — BY MS. EZELL: 25 Q. Okay. Were there often girls around the Page 316 Page 318 Q. All right How would you get to the 1 pool at the house? master bathroom on that end? 2 A. Yes, ma'am. A. You go through these double doors, go 3 Q. And were these sometimes the same girls around the bed and you gain access to the master 4 that came to give massages? bedroom — master bathroom, sorry. 5 A. Yes, ma'am. Q. And then there was another master 6 Q. Were there girls in addition to those who bathroom on the other side of the room? 7 came to give massages who hung around the mot? A. Yes, ma'am. 8 A. The girls who were staying at the house. Q. Where generally did the massages take 9 Q. Okay. And so they weren't girls who just place? 10 regularly came to hangout around the pool? A. Right here, ma'am. 11 A. No, ma'am. Q. And is that in the master bathroom? 12 MS. EZELL: Excuse me. Can we go off the A. Master bathroom, yes. 13 record fora minute? Q. Do you recall what color the tile was in that bathroom? 14 (Thereupon, a recess was had.) A. There was carpet. 15 THE VIDEOGRAPHER: We're back on the 16 record with tape number two. Q. Was there tile on the walls or marble 17 BY MS. EZELL: or -- A. There was a sauna here with 18 Q. Mr. Rodriguez, did you receive a subpoena marble but 19 that asked you to bring documents with you to the outside the sauna everything was carpet, and the 20 depos ition? walls, they didn't have any tile. Oh yes, I will 21 A. Yes, ma'am. saY four feet off the floor they will have marble. 22 Q. And did you bring any with you? Q• And do you remember what color marble was? it 23 A. I couldn't find anything at my house. A. White. 24 Q. Okay. I believe we talked about a 25 journal that you kept, and you looked for that? 13 (Pages 315 to 318) Kress Court Reporting, Inc. 305-866-7688 7115 Rue Notre Dame, Miami Beach, FL 33141 EFTA00606766  Page 319 1 Page 321 A. yes, ma'am. 1 BY MS. EZELL: Q. And you couldn't find it? 2 Q. Did they ever visit Mr. Epstein at the A. !give it to Detective Joe. 3 home when you were there? Q. pecarey? 4 A. Yes, ma'am. A. Yes, ma'am. 5 Q. How old was the little girl at that time? Q. You mentioned that you called Mr. 6 A. Eight years old. ean-Luc Bernell about a recommendation when you 7 Q. Did the girl's father come to visit as looking for a job. 8 well? A. Yes, ma'am. 9 A. Yes, ma'am. Q. And did you know hlm from his visits in 10 Q. And do you remember his name? e home? 11 A. No, ma'am. A. Yes, ma'am. 12 Q. Do you remember hearing anything about Q. Did you say that his wife's name was Eva? 13 what he does fora living? MR. CRITTON: Form. 14 A. No, ma'am. THE WITNESS: No, ma'am. 15 Q. Can you describe him? Y MS. EZELL: 16 A. Tall, American born, I will say 50 years Q. Do you know what his wife's name was? 17 old. A. Eva was a model, a former model from 18 Q. What color hair did he have? rs past who was friend of Mr. Epstein. 19 A. At that time it was black with a kw Q. Do you know if she was married to Glenn 20 white hairs. Dubin? Do you know Mr. Dubin? 21 Q. Were there drawings of nude women in the MR. CRITTON: Form. 22 house? THE WITNESS: I believe, yeah, I'm not 23 A. No, ma'am. sure, ma'am. 24 Q. Were there paintings of nude women in the Y MS. I7ELL: 25 house? Page 320 Page 322 Q. Is she now a doctor? 1 A. Yes, ma'am. A. No, she was a model, her husband could be 2 Q. Did any of those appear to be a doctor but I don't think she is. 3 Ms. Maxwell? Q. Okay. So is Jean-Luc Bernell married; to 4 A. Yes, ma'am. your knowledge? 5 Q. You mentioned that Louella who was still A. I don't know, ma'am. 6 working there when you left -- Q. I think I must have gotten confused 7 A. Yes, ma'am. because we were talking about the picture in the 8 Q. — was a very religious woman -- house of the little girl who is lifting up her 9 A. Yes, ma'am. skirt or her underpants, I'd forgotten what it 10 Q. — and would sometimes be upset about was. 11 seeing pictures of nude girls or having to pick up A. Yes, ma'am. 12 sex toys, et cetera. MR. CRITTON: Form. 13 MR. CRITTON: Form. BY MS. F2ELL: 14 THE WITNESS: Yes, ma'am. Q. And I thought you said that that was 15 BY MS. EZELL: Jean-Luc's child. 16 Q. And you said that you remembered her A. No, ma'am, she is Mrs. Eva. 17 crying because there was a picture of the Pope Q. Eva's child? 18 next to a picture of a naked girl. A. Yes, ma'am. 19 MR. CRITTON: Form. Q. And she is Jeffrey Epsteln's Goddaughter? 20 THE WITNESS: Yes, ma'am. A. Yes, ma'am. 21 BY MS. EZELL: Q. Do you know where she and her mother 22 Q. Do you know who that naked girl was? live? 23 A. I don't remember, ma'am. A. They live in Manhattan. 24 Q. I believe David Copperfield's name came MR. CRIiTON: Form. 25 up in the last deposition as someone who would 14 (Pages 319 to 322) Kress Court Reporting, Inc. 305-866-7688 7115 Rue Notre Dame, Miami Beach, FL 33141 EFTA00606767 Case 9:08-cv-80119-KAM Document 469-3 Entered on FLSD Docket 02/17/2010 Page 1 of 7 Case 9:09-mj-08308-LRJ Document 3 Entered on FLSD Docket 2/09/2009 P e 1 of 7 AO 511Rev. 5/8.5191mital O3sItiat AVA VILLAFARA United States District Court SOUTHERN DISTRICT OF FLORIDA STC/ZN Y. %AMORE CLtlt S n.'Of aft. • %SS. UNITED STATES OF AMERICA CRIMINAL CO LAINT vs. CASE NUMBER: 09-8308-LRJ ALFREDO RODRIGUEZ, Defendant. I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief. From at least as early as January 18, 2007, through on or about November 3, 2009, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, ALFREDO RODRIGUEZ, did corruptly conceal a record, document, or other object, with the intent to impair the object's availability for use in an official proceeding and otherwise corruptly obstructed or impeded an official proceeding, in violation of Title 18 , United Stales Code, Section 1512(c) . I further state that I am a Special Agent with the Federal Bureau of Investigation and that this Complaint is based on the following facts: Please see attached Affidavit Continued on the attached and made a part hereof. Chris ma J. Pryor, Special Federal Bureau of Investiga Sworn to before me, and subscribed in my presence, upon my finding of probable cause. December f .2009 at West Palm Beach. Florida Date City and State LINNEA R. JOHNSON UNI STATO_MAGISTRATE HAD 4'7, 1 Signature of Judi Car EFTA00606768 Case 9:08-cv-80119-KAM Document 469-3 Entered on FLSD Docket 02/17/2010 Page 2 of 7 Case 9:09-mj-08308-LRJ Document 3 Entered on FLSD Docket) 2/09/2009 Page 2 of 7 %.0 AFFIDAVIT I, Christina J. Pryor, being duly sworn, do state and attest as follows: 1. I am a Special Agent with the Federal Bureau of Investigation (FBI) and have been so employed for three (3) months. I am currently assigned to the Safe Streets Task Force, Miami Field Division, FBI Squad PB-2. Prior to joining the Miami Field Division, I attended the FBI Academy in Quantico, Virginia, for five (5) months where I received training in federal criminal laws and investigation techniques, including the laws related to obstruction of justice. 2. This affidavit is based upon my own personal knowledge of the facts and circumstances surrounding the investigation, and information provided to me by other law enforcement officers. This affidavit does not purport to contain all the information known to me about this case but addresses only that information necessary to support a finding of probable cause for the issuance of a criminal complaint charging Alfredo Rodriguez with obstruction of official proceedings, in violation of Title 18, United States Code, Section 1512(c). 3. On October 27, 2009, agents of the FBI met with and interviewed a cooperating witness ("CW"). The CW reported that, while conducting discovery in a pending civil case before the United States District Court for the Southern District of Florida, he came into contact with Alfredo Rodriguez ("Rodriguez"), who was a subpoenaed witness in the civil case. 4. Rodriguez had been interviewed by FBI agents on January 18, 2007, in connection with a federal criminal investigation into the sexual exploitation of minors. Prior EFTA00606769 Case 9:08-cv-80119-KAM Document 469-3 Entered on FLSD Docket 02/17/2010 Page 3 of 7 Case 9:09-mj-08308-LRJ t ocument 3 Entered on FLSD O°0V/09/2009 Page 3 of 7 to being interviewed by FBI, Rodriguez had also been contacted and interviewed by local police detectives, and had been asked to produce documents related to the criminal Investigation. The civil litigation involving the CW related to civil damages claims made by victims of the criminal activity that formed the basis of the state and federal criminal investigations. 5. The CW explained to agents that Rodriguez had been deposed under oath on two occasions. The first deposition occurred on July 27, 2009, and the second deposition was conducted on August 9, 2009. In connection with those depositions, Rodriguez was served with a subpoena duces tecum that called for the production of several types of documentary evidence. The CW was present for both depositions and Rodriguez testified that he had no documents responsive to the subpoena ducts tecum. 6. In August 2009, after the conclusion of the second deposition, the CW received a phone call from Rodriguez. Rodriguez informed the CW that he had additional information that he had not previously disclosed to any law enforcement agency or any of the civil attorneys. Rodriguez described the information as, the Holy Grail or Golden Nugget and explained that he had compiled lists of additional victims in the case and their contact information. Rodriguez explained that the information contained hundreds of additional