EFTA00220691.pdf

U.S. Department atJustice United States Attorney Southern District ofFlorida 500 South Australian Ave.. Suite 400 West Paint Beach. FL 33401 Facsimile September 2, 2008 .NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE,SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00220691  U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Are Suite 400 West Palm Beach. FL 33401 (561)810.8'/1 Facsimile: September 2, 2008 VIA UNITED STATES MAIL Jeffrey Herman, Esq. Herman & Mermelstein, P.A. 18205 Biscayne Blvd., Ste 2218 Miami, FL 33160 Re: Jeffrey Epstein: AMENDED NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. I lerman: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following amended notice to your client. Some of the information contained in the July 10, 2008 letter to Ms. iwas inaccurate, so please advise her of the following changes. As you were previously advised, on June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf- 009454AXXXMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions, including the following: 1. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00220692 JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2, 2008 PAGE 2 OF 3 litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. Ms. is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr. Josefsberg's services will be provided at no cost to Ms. because Mr. Epstein is obligated to pay the costs and fees ofthe attorney-re tative. Also, Mr. Epstein and his attorneys can only contact Ms. NM via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. 2. If Ms. elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his ri t to contest damages up to an amount as agreed to between Ms. and Mr. Ia n, so long as Ms. elects to proceed exclusively under 18 . § 2255, and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above, Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed ainst him. Thus, if after consideration of potential settlements, Ms. and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 . § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255, shall cease. Mr. Josefsberg will be contacting you within the next two weeks to explain these terms and to determine if he may contact Ms. directly. If you would like to contact Mr. Josefsberg directly, he can be reached at EFTA00220693 JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2,2008 PAGE 3 OF 3 If Ms. has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein, Mr. Epstein's attorney, Jack Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. In addition, there has been litigation between the United States and two other victims regarding the disclosure of the entire agreement between the United States and Mr. Epstein. Mr. Josefsberg can provide further guidance on this issue, or if Ms. selects another attorney to represent her, that attorney can review the Court's order in the matter of In re Jane Does I and 2, S.D. Ft. Court File No. 08-80736-CIV-MARRA. As I stated in my earlier notification, please understand that neither the U.S. Attorney's Office nor the Federal Bureau ofInvestigation can take part in or otherwise assist in civil litigation, but we again thank you and your client for all of her assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By Slat cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00220694  Department of Justice United Stales Attorney Southern District ofFlorida 500 South Au.steahan Ave . Sane 400 West Palm Beach. Ft 33401 Facsimile September 2, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00220695  U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach FL 33401 Facsimile: September 2, 2008 VIA UNITED STATES MAIL Jeffrey Herman, Esq. Herman & Mermelstein, P.A. 18205 Biscayne Blvd., Ste 2218 Miami, FL 33160 Re: Jeffrey Ensteini= MElsWED NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Herman: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following amended notice to your client, Some of the information contained in the July 10, 2008 letter to Ms. Zalis was inaccurate, so please advise her of the following changes. As you were previously advised, on June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf- 009454AXXXMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions, including the following: 1. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00220696 JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2, 2008 PAGE 2 OF 3 litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. Ms. Zalis is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr. Josefsberg's services will be provided at no cost to Ms. Zalis because Mr. Epstein is obligated to pay the costs and fees of the attorney-representative. Also, Mr. Epstein and his attorneys can only contact Ms. Zalis via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. 2. If Ms. Zalis elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. Epstein will not contest the jurisdiction ofthe United States District Court for the Southern District of Florida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between Ms. Zalis and Mr. Iran, so long as Ms. 7.alis elects to proceed exclusively under 18 . § 2255. and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above, Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, Ms. Zalis and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 . § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255, shall cease. Mr. Josefsberg will be contacting you within the next two weeks to explain these terms and to determine if he may contact Ms. Zalis directly. If you would like to contact Mr. Josefsberg directly, he can be reached at EFTA00220697 JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2, 2008 PAGE 3 OF 3 If Ms. Zalis has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein, Mr. Epstein's attorney, Jack Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. In addition, there has been litigation between the United States and two other victims regarding the disclosure of the entire agreement between the United States and Mr. Epstein. Mr. Josefsberg can provide further guidance on this issue, or if Ms. Zalis selects another attorney to represent her, that attorney can review the Court's order in the matter of In re Jane Does 1 and 2, S.D. Fl. Court File No. 08-80736-CIV-MARRA. As I stated in my earlier notification, please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation, but we again thank you and your client for all of her assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. VILLAFANA ASSISTANT U.S. ATTORNEY cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00220698  U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33301 Facsimile September 2, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00220699  U.S. Department of Justice United Slates Attorney Southern District ofFlorida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 Facsimile September 2, 2008 VIA UNITED STATELMAII t Jeffrey Herman, Esq. Herman & Mermelstein, P.A. 18205 Biscayne Blvd., Ste 2218 Miami, FL 33160 Re: Jeffrey Epstein AMENDED NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Herman: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following amended notice to your client, . Some of the information contained in the July 10, 2008 letter to Ms. was inaccurate, so please advise her of the following changes. As you were previously advised, on June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement ofminors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf- 009454AXXXMB and 2008-cf-009381A)OO:MB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions, including the following: 1. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00220700 JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2. 2008 PAGE 2 OF 3 litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck P.A., a highly-respected and experienced attorney. Ms. is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr. Josefsberg's services will be provided at no cost to Ms. because Mr. Epstein is obligated to pay the costs and fees of the attorney-representative. Also, Mr. Epstein and his attorneys can only contact Ms. via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. 2. If Ms. elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. Epstein will not contest the jurisdiction ofthe United States District Court for the Southern District of Florida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his ri t to contest damages up to an amount as agreed to between Ms. and Mr. Epstein so long as Ms. elects to proceed exclusively under 18 =. § 2255, and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above, Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed a ainst him. Thus, if after consideration of potential settlements, Ms. and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 . § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255, shall cease. Mr. Josefsberg will be contacting you within the next two weeks to explain these terms and to determine if he may contact Ms. directly. If you would like to contact Mr. Josefsberg directly, he can be reached at EFTA00220701 JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2, 2008 PAGE 3 OF 3 If Ms. has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein, Mr. Epstein's attorney, Jack Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss. 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. In addition, there has been litigation between the United States and two other victims regarding the disclosure of the entire agreement between the United States and Mr. Epstein. Mr. Josefsberg can provide further guidance on this issue, or if Ms. selects another attorney to represent her, that attorney can review the Court's order in the matter of In re Jane Does I and 2, S.D. Fl. Court File No. 08-80736-CIV-MARRA. As 1 stated in my earlier notification, please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation, but we again thank you and your client for all of her assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00220702  U.S. Department of Justice UnitedStates Attorney Southern District ofFlorida SOO South Australian Ave.. Suite 400 West Palm Beach FL 33401 Facsimile. September 2, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EFTA00220703  U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave., Suite 400 ll'est Palm Beach, FL 33401 Facsimile: September 2, 2008 VIA UNITED STATES MAIL Jeffrey Herman, Esq. Herman & Mermelstein, P.A. 18205 Biscayne Blvd., Ste 2218 Miami, FL 33160 Re: Jeffrey Epstein AMENDED NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Herman: By virtue of this letter, the United States Attorney's Office for the Southern District ofFlorida asks that you provide the following amended notice to your client, Some of the information contained in the July 10, 2008 letter to Ms. was inaccurate, so please advise her of the following changes. As you were previously advised, on June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement ofminors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf- 009454AXXXMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions, including the following: 1. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00220704 JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2, 2008 PAGE 2 OF 3 litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. Ms. is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr. Josefsberg's services will be provided at no cost to Ms. because Mr. Epstein is obligated to pay the costs and fees of the attorney-re resentative. Also, Mr. Epstein and his attorneys can only contact Ms. via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. 2. If Ms. elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his ri ht o contest damages up to an amount as agreed to between Ms. and Mr. gil n, so long as Ms. elects to proceed exclusively under 18 . § 2255, and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above, Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed a ainst him. Thus, if after consideration of potential settlements, Ms. and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 . § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255, shall cease. Mr. Josefsberg will be contacting you within the next two weeks to explain these terms and to determine if he may contact Ms. directly. If you would like to contact Mr. Josefsberg directly, he can be reached at EFTA00220705  JEFFREY HERMAN, ESQ. AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2, 2008 PAGE 3 OF 3 If Ms. has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein, Mr. Epstein's attorney, Jack • Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. In addition, there has been litigation between the United States and two other victims regarding the disclosure of the entire agreement between the United States and Mr. Epstein. Mr. Josefsberg can provide further guidance on this issue, or if Ms. selects another attorney to represent her, that attorney can review the Court's order in the matter of In re Jane Does I and 2, S.D. Fl. Court File No. 08-80736-CIV-MARRA. As I stated in my earlier notification, please understand that neither the U.S. Attorney's Office nor the Federal Bureau ofInvestigation can take part in or otherwise assist in civil litigation, but we again thank you and your client for all ofher assistance during the course of this investigation. R. ALEXANDER ACOSTA cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00220706