EFTA00211430.pdf

Case 9:08-cv-80736-KAM Document 338 Entered on FLSD Docket 08/03/2015 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Matthewman JANE DOE #1 AND JANE DOE #2, Petitioners, v. UNITED STATES OF AMERICA, Respondent, UNITED STATES' NOTICE OF FILING THIRD SUPPLEMENTAL PRIVILEGE LOG Pursuant to the Court's June 18, 2013 Omnibus Order (DE 190), the Respondent, United States of America, by and through the undersigned Assistant United States Attorney, hereby gives notice of its filing of its Third Supplemental Privilege Log. The index has been marked with Bates Numbers P-014924 thru P-015267. The documents referenced in the Third Supplemental Privilege Log will be delivered tomorrow to the Chambers of U.S. District Judge Kenneth A. Marra for ex parte in camera review, pursuant to the Court's Omnibus Order. Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By: s/A. Marie Villafaila A. MARIE VILLAFANA Assistant United States Attorney Florida Bar No. 0018255 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 Telephone: 561-820-8711 Facsimile: 561-820-8777 ann.marie.c.villafana@usdoj.gov I EFTA00211430 Case 9:08-cv-80736-KAM Document 338 Entered on FLSD Docket 08/03/2015 Page 2 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 3, 2015, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. According to the Court's website, counsel for all parties are able to receive notice via the CM/ECF system. s/A. Marie Villafaila A. MARIE VILLAFANA Assistant United States Attorney SERVICE LIST Jane Does 1 and 2 v. United States, Case No. 08-80736-CIV-MARRA/MAITHEWMAN United States District Court, Southern District of Florida Brad Edwards, Esq., Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 brad@pathtojustice.com 954-524-2820 Fax: 954-524-2822 Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, Utah 84112 (801) 585-5202 Fax: (801) 585-6833 E-mail: casselp@law.utah.edu Attorneys for Jane Doe # 1 and Jane Doe # 2 2 EFTA00211431  Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 1 of 7 JANE DOE v. UNITED STATES COURT FILE NO. 08-80736-CV-MARRA THIRD SUPPLEMENTAL PRIVILEGE LOG - BOX #5 Bates Range Description Privilege(s) Asserted P-014924 5/27/2008 emails between A.M. Villafafia and K. Atkinson regarding Work Product report of new state plea deal for J. Epstein Deliberative Process P-014925 5/27/2008 emails between A.M. Villafafia, R. Senior, J. Sloman, and K. Work Product thru Atkinson regarding potential renewed plea negotiations for J. Epstein Deliberative Process P-014927 and plans to review and revise updated indictment package Investigative Privilege 6(e) P-014928 5/23/2008-5/27/2008 emails between A.M. Villafafia, E.N. Kuyrkendall, Attorney-Client Privilege and J. Richards regarding plans to meet to prepare for indictment Investigative Privilege presentation, service of grand jury subpoenas, interviews of additional 6(e) witnesses, and plea negotiation issue Privacy Act/TVPA/CVRA P-014929 5/27/2008-5/28/2008 emails between A.M. Villafafia, E. Nesbitt Attorney-Client Privilege thru Kuyrkendall, and J. Richards regarding request for legal analysis of Investigative Privilege P-014933 statute of limitations issues under state and federal law 6(e) Privacy Act/TVPA/CVRA P-014934 5/27/2008-5/28/2008 emails between A.M. Villafafia, J. Sloman, R. Work Product thru Senior, K. Atkinson, and R. Garcia regarding report of new state plea Deliberative Process P-014935 deal for J. Epstein P-014936 5/29/2008-5/30/2008 emails between A.M. Villafafia, J. Sloman, R. Work Product thru Senior, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding Attorney-Client Privilege P-014940 planned grand jury presentation, status of investigation, possible grant 6(e) of immunity to victim/witness for grand jury testimony Investigative Privilege Deliberative Process Privacy Act/TVPA/CVRA Page 1 of 7 EFTA00211432  Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 2 of 7 Bates Range Description Privilege(s) Asserted P-014941 6/2/2008 draft letter to Deputy Attorney General Mark Filip regarding Work Product thru reasons to approve continued prosecution of J. Epstein 6(e) P-014954 (NB: The Court has already determined that final version of this letter Deliberative Process is protected by Work Product/Deliberative Process/Attorney-Client Investigative Privilege Privileges) P-014955 6/3/2008 draft letter to Deputy Attorney General Mark Filip regarding Work Product thru reasons to approve continued prosecution of J. Epstein 6(e) P-014971 (NB: The Court has already determined that final version of this letter Deliberative Process is protected by Work Product/Deliberative Process/Attorney-Client Investigative Privilege Privileges) P-014972 6/6/2008 emails between A.M. Villafafia and E. Nesbitt Kuyrkendall Attorney-Client Privilege thru regarding victim/witness subpoenaed to the grand jury and need for Investigative Privilege P-014975 additional grand jury subpoenas 6(e) Privacy Act/TVPA/CVRA P-014976 6/18/2008 emails between A.M. Villafafia, R. Senior, A. Acosta, J. Work Product Sloman, R. Garcia, and K. Atkinson regarding telephone conference Deliberative Process with R. Black about allowing J. Epstein to accept state plea to 60 days' imprisonment. P-014977 6/19/2008 email forwarding 6/19/2008 email from B. Edwards to E. Attorney-Client Privilege thru Nesbitt Kuyrkendall and J. Richards Investigative Privilege P-014978 (NB: Asserting privilege only for A.M. Villafafia email. Attorney Edwards presumably has copy of his email to A.M. Villafafia) P-014979 6/23/2008 emails between A.M. Villafafia, A. Fernandez, and S. Ball Work Product thru (USAO staff) regarding scheduling of grand jury time for indictment Investigative Privilege P-014980 presentation and witness testimony 6(e) (Information regarding unrelated grand jury case redacted) P-014981 6/23/2008 emails between A.M. Villafafia, E. Nesbitt Kuyrkendall, J. Attorney-Client Privilege Richards, K. Atkinson, and R. Senior regarding grand jury subpoena to Work Product victim/witness, revisions to indictment, planned grand jury presentation, 6(e) and plans to supersede indictment Investigative Privilege Deliberative Process Privacy Act/TVPA/CVRA Page 2 of 7 EFTA00211433  Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 3 of 7 Bates Range Description Privilege(s) Asserted P-014982 6/25/2008 emails between A.M. Villafafia, J. Sloman, R. Senior, K. Work Product thru Atkinson, and A. Acosta regarding draft of notification of victim list for Deliberative Process P-014990 J. Epstein counsel with attached drafts (NB: Final list, with victim names redacted, has been produced to counsel for Petitioners P-014991 6/23/2008-6/26/2008 emails between A.M. Villafafia and counsel for 6(e) thru grand jury witness/victim regarding immunity and travel for grand jury Investigative privilege P-015004 appearance Privacy Act/TVPA/CVRA P-015005 6/28/2008 emails between A.M. Villafafia, J. Sloman, A. Acosta, and R. Work Product thru Senior regarding correspondence with J. Goldberger and proposed Deliberative Process P-015006 change to state plea agreement Attorney-Client Privilege P-015007 7/3/2008 emails between A.M. Villafafia, J. Sloman, and A. Acosta Work Product regarding telephone conf. with B. Edwards and regarding meeting with Deliberative Process Sheriff's Office about work release program P-015008 7/8/2008 emails between D. Lee, K. Neal (Attorney Advisory, Victim Work Product thru Witness Staff, EOUSA), and A.M. Villafafia regarding filing of Deliberative Process P-015024 Petitioners' suit, with attached Draft of Villafafia Declaration and initial Petition (DE1) (NB: Privilege is not being asserted for second attachment (DE1). Attachment was prepared by petitioners and is not being produced because it is within their custody and control.) P-015025 7/8/2008 email from A.M. Villafafia to D. Lee, A. Acosta, and J. Work Product thru Sloman regarding victim notification letter provided to counsel for I Deliberative Process P-015028 Epstein on 11/28/2007 with attachment (NB: The 11/28/2007 email to J. Lefkowitz with attachment will be produced to petitioners' counsel contemporaneously with the filing of this lo P-015029 7/7/2008-7/8/2008 emails between A.M. Villafafia and D. Lee regarding Work Product thru background of J. Epstein investigation, negotiations, and victim Deliberative Process P-015034 notifications, and forwarding earlier emails related to Lee uestions Attorne -Client Privilege Page 3 of 7 EFTA00211434  Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 4 of 7 Bates Ran e Descri tion Privile s Asserted P-015035 7/8/2008-7/9/2008 emails between A.M. Villafafia, J. Sloman, D. Lee, Work Product thru A. Acosta, K. Atkinson, K. Herd, K. Neal, K. Manning, and W. Jacobus Deliberative Process P-015062 regarding response to Jane Doe suit, procedure for filing, and internal office policies P-015063 7/11/2008-7/14/2008 emails between D. Lee, A.M. Villafafia, K. Herd, Attorney-Client Privilege thru K. Neal, A. Acosta, J. Sloman, and W. Jacobus re outcome of hearing in Work Product P-015069 Jane Doe v. U.S. suit and contact from counsel for J. Epstein Deliberative Process P-015070 7/14/2008-7/15/2008 emails between A.M. Villafafia, E. Nesbitt Attorney-Client Privilege thru Kuyrkendall, J. Richards, and T. Smith regarding FBI victim P-015071 notifications and guidance regarding language to use and information to provide P-015072 7/17/2008 email from J. Sloman to A. Acosta, A.M. Villafafia, K. Work Product thru Atkinson, and Dexter Lee with attached draft of letter to M. Tein Deliberative Process P-015074 regarding misrepresentations in filings on behalf of J. Epstein in civil suits P-015075 7/18/2008-7/21/2008 emails between A.M. Villafafia, J. Sloman, E. Attorney-Client Privilege thru Nesbitt Kuyrkendall, J. Richards, D. Lee, and K. Atkinson regarding Work Product P-015081 preparation of victim notification letters, victim contact list, filing of Investigative Privilege victim notification letter in a civil proceeding, and contact by B. Edwards with one victim opining that sentence imposed was insufficient P-015082 7/21/2008 emails between A.M. Villafafia, J. Sloman, R. Senior, D. Lee, Work Product thru K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding ongoing Attorney-Client Privilege P-015084 victim notification process and Epstein filings in state court litigation Deliberative Process related to federal grand jury investigation 6(e) P-015085 7/22/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Work Product thru Senior, K. Atkinson, E. Nesbitt Kuyrkendall, and J. Richards regarding Attorney-Client Privilege P-015090 7/21/2008 letter from M. Tein announcing plan to stay the civil suits Deliberative Process against J. Epstein and notification that B. Reinhart is counsel of record for S. Kellen in civil suits (NB: Tein letter is being produced to petitioners' counsel concurrently with production of this privilege log) Page 4 of 7 EFTA00211435  Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 5 of 7 Bates Range Description Privilege(s) Asserted P-015091 7/22/2008 emails between A.M. Villafafia and E. Nesbitt Kuyrkendall Attorney-Client Privilege thru regarding ongoing victim notification process 6(e) P-015092 Investigative Privilege Privacy Act/TVPA/CVRA P-015093 7/22/2008 emails between A.M. Villafafia, R. Senior, E. Nesbitt Attorney-Client Privilege thru Kuyrkendall, J. Richards, and K. Atkinson regarding correspondence Work Product P-015097 from J. Epstein counsel with attached draft response 6(e) (NB: A final version of the letter has been produced.) Deliberative Process P-015098 7/23/2008 emails between A.M. Villafafia and D. Lee regarding Work Product correspondence with counsel for J. Epstein and notice of breach Deliberative Process 6(e) P-015099 7/25/2008 emails between A.M. Villafafia and K. Atkinson regarding 6(e) extension of grand jury to allow for continued presentation of J. Epstein Work Product case Deliberative Process P-015100 8/2/2008 email from D. Lee to A. Acosta, J. Sloman W. Jacobus, and Work Product thru A.M. Villafafia summarizing status of Jane Doe I United States 6(e) P-015116 litigation and requesting views on making certain disclosures to counsel Deliberative Process for petitioners with attached pleading filed by petitioners (DE19) (NB: Privilege is not being asserted for attachment. Attachment was prepared by petitioners and is not being produced because it is within their custody and control.) P-015117 8/5/2008 email from A.M. Villafafia to A. Acosta, J. Sloman, R. Senior, Work Product thru and K. Atkinson regarding analysis of Jeffrey Epstein agreement, with Deliberative Process P-015135 attached 6/24/2008 email from A.M. Villafafia to R. Black and J. Goldberger and attached Epstein agreement. (NB: Privilege is not being asserted for the two attachments. The 6/24/2008 email will be produced to petitioners' counsel contemporaneously with the filing of this log, and the Agreement has previously been produced to petitioners pursuant to an earlier Court order.) Page 5 of 7 EFTA00211436  Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 6 of 7 Bates Range Description Privilege(s) Asserted P-015136 8/13/2008-8/15/2008 emails between A. Acosta, K. Atkinson, R. Senior, Work Product thru J. Sloman, D. Lee, and A.M. Villafafia regarding scope of Epstein Deliberative Process P-015172 agreement and correspondence and telephone conference with J. Attorney-Client Privilege Leflcowitz (NB: Emails to and from J. Lefkowitz and R. Black have been produced to Petitioners' counsel) P-015173 8/25/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Work Product thru Senior, K. Atkinson, and D. Lee regarding letter received from J. Deliberative Process P-015186 Leflcowitz Attorney-Client Privilege (NB: Leflcowitz letter has been produced to Petitioners' counsel) P-015187 8/20/2008-8/26/2008 emails between A.M. Villafafia, A. Acosta, J. Work Product thru Sloman, R. Senior, and K. Atkinson re draft response to J. Leflcowitz Deliberative Process P-015194 and draft amended victim notification letter (NB: Final version of letter to Lefkotiz and Black has been produced to Petitioners' counsel) P-015195 9/2/2008 emails between A.M. Villafafia, D. Lee, R. Senior, and J. Work Product thru Sloman regarding revised victim notification Deliberative Process P-015198 Attorney-Client Privilege P-015199 9/17/2008 emails between A.M. Villafafia, A. Acosta, J. Sloman, R. Work Product thru Senior, D. Lee, K. Atkinson, and R. Garcia regarding efforts by Palm Deliberative Process P-015206 Beach Daily News to unseal NonProsecution Agreement that had been Attorney-Client Privilege filed in state court (NB: Emails from Counsel for Daily News and from State Attorney's Office have been produced to Petitioners' counsel) P-015207 9/17/2008 email from A.M. Villafatia to A. Acosta, J. Sloman, R. Work Product thru Senior, D. Lee, and K. Atkinson regarding attached letters from J. Deliberative Process P-015213 Herman alleging that victim notifications violated Bar ethics rules Privacy Act/TVPA/CVRA (NB: Redacted versions of the letters have been produced to Petitioners' counsel) P-015214 9/29/2008 correspondence to Florida Bar Ethics Counsel regarding Work Product thru victim notification letters and allegation of ethics violation for Relevance P-015226 distribution of letters with attached proposed victim notification letters Florida Bar Privacy Rules Page 6 of 7 EFTA00211437  Case 9:08-cv-80736-KAM Document 338-1 Entered on FLSD Docket 08/03/2015 Page 7 of 7 Bates Range Description Privilege(s) Asserted P-015227 10/18/2008-10/20/2008 emails between D. Lee, A. Acosta, J. Sloman, Work Product thru and A.M. Villafafia regarding correspondence with B. Edwards Deliberative Process P-015233 discussing changes to understanding of portions of Non-Prosecution agreement and victim notifications P-015234 11/4/2008 correspondence from Florida Bar Ethics Counsel regarding Work Product thru Florida Ethics Rules involved in distributing victim notification letters. Relevance P-015238 Florida Bar Privacy Rules P-015239 11/26/2008 emails between A.M. Villafafia, J. Sloman, and R. Senior Work Product thru regarding email from R. Black about work release Deliberative Process P-015263 (NB: Email from R. Black has been produced to Petitioners' counsel) P-015264 12/4/2008 emails between E. Nesbitt Kuyrkendall and A.M. Villafafia Attorney-Client Privilege thru regarding attempts to send victim notification letters overseas via Legal Work Product P-015267 Attaches and unrelated Epstein financial issue Investigative Privilege Privacy Act/TVPA/CVRA Page 7 of 7 EFTA00211438