EFTA00223825.pdf

Case 9:08-cv-80736-KAM Document Entered on FLSD Docket 07/19/2013 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Matthewman JANE DOES #1 AND #2, Petitioners, I UNITED STATES OF AMERICA, Respondent, UNITED STATES' NOTICE OF FILING 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 Privilege Log, which is attached hereto. The documents referenced in the Privilege Log are being delivered today to the Chambers of U.S. District Judge Kenneth A. Marra for ex pane in camera review, pursuant to the Court's Omnibus Order. Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By: Assistant United States Attorney Florida Bar No. 500 South Australian Ave, Suite 400 West Palm Beach. FL 33401 EFTA00223825 Case 9:08-cv-80736-KAM Document Entered on FLSD Docket 07/19/2013 Page 2 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 19, 2013, 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. Assistant United States Attorney SERVICE LIST Jane Does 1 and 2 United States, Case No. 08-80736-CIV-MARRA/MATTHEWMAN 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 Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake Cit Utah 84112 Fax: E-mail: Attorneys for Jane Doe # 1 and Jane Doe # 2 2 EFTA00223826 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 1 of 23 PRIVILEGE LOG Bates Range Description Privilege(s) Asserted Box #1 File folder entitled "CORR RE GJ 6(e) P-000001 SUBPOENAS" containing correspondence Work Product thru related to various rand jury subpoenas and P-000039 attorney handwritten notes Box #1 Operation Leap Year Grand Jury Log 6(e) P-000040 containing subpoenas OLY-01 through OLY-81, Work Product thru correspondence and research related to Contains documents subject P-000549 enforcement of same, documents produced in to investigative privilege response to some subpoenas; and attorney Also contains documents ( handwritten notes subject to privacy rights of victims who are not parties to this liti ation Box #1 File folder entitled "Ritz Compact Flash SW" 6(e) P-000550 containing copies of a sealed search warrant Contains information subject thru application, warrant, and supporting documents to investigative privilege P-000621 Also contains information subject to privacy rights of victims who are not parties to this liti ation Box #1 File folder entitled "PNY Technologies Compact 6(e) P-000622 Flash SW" containing copies of a sealed search Contains information subject thru warrant application, warrant, and supporting to investigative privilege P-000693 documents Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "JE Corporations" containing Work Product P-000694 attorney research on Epstein-owned corporations Contains information subject thru and prior litigation to investigative privilege P-000781 Box #1 File folder entitled "Capital One" 6(e) P-000782 containing subpoena and correspondence thru P-000803 Box #1 File folder entitled "DTG Operations/Dollar 6(e) P-000804 Rent-a-Car" containing subpoena and responsive Contains documents and thru documents information subject to P-000854 investigative privilege Also contains documents and information subject to privacy rights of victims who are not parties to this litigation Page 1 of 23 EFTA00223827 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 2 of 23 Bates Range Description Privilege(s) Asserted Box #1 File folder entitled "JP Morgan Chase" 6(e) P-000855 containing subpoena, correspondence, and Contains documents and thru responsive documents information subject to P-000937 investigative privilege Box #1 File folder entitled "Washington Mutual" 6(e) P-000938 containing subpoena, correspondence, and Contains documents and thru responsive documents information subject to P-000947 investigative privilege Box #1 File folder entitled "Computer Search &" Work Product P-000948 containing legal research on computer search and Attorney-Client thru handwritten notes on indictment preparation Contains information subject P-000982 to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "Attorney Notes from Work product P-000983 Document Review" containing typed and 6(e) thru handwritten attorney ( ) notes, target Contains information subject P-001007 letters, correspondence re grand jury subpoena to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "Notes from Fed Ex Records" Work Product P-001008 containing handwritten and typed attorney 6(e) thru ) notes and screen shots of FedEx Contains information subject P-001056 subpoena response electronic file to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "Colonial Bank Records" 6(e) P-001057 containing records received in response to grand Contains information subject thru jury subpoena to investigative privilege P-001959 Box #1 File folder entitled "OLY Grand Jury Log Vol 2: 6(e) P-001960 OLY-51 THROUGH" containing subpoenas Contains information subject Thru numbered OLY-51 through OLY-81 with related to investigative privilege. P-002089 correspondence Also contains information subject to privacy rights of victims who are not parties to this litigation Page 2 of 23 EFTA00223828 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 3 of 23 Bates Range Description Privilege(s) Asserted Box #1 File folder entitled "Epstein Corporate Records: 6(e) P-002090 OLY-51, OLY-52, OLY-53, OLY-54" containing Contains information and Thru subpoenas, records received in response to documents subject to P-002169 subpoenas, and related correspondence investigative privilege Box #1 File folder entitled "Colonial Bank" containing 6(e) P-002170 subpoenas, correspondence related to subpoenas, Contains information and Thru records received in response to subpoenas documents subject to P-002246 investigative privilege Box #1 File folder entitled "JEGE & Hyperion from 6(e) P-002247 Goldberger OLY-46 & OLY-47" containing Contains information and Thru documents received in response to subpoenas documents subject to P-002265 investigative privilege Box #1 Indictment preparation binder containing: Work product P-002266 Grand jury subpoena log, evidence/activity 6(e) Thru summary chart witness/victim names and contact Contains information and P-002386 list, attorney ( handwritten notes, 302s, documents subject to 'lions of state investigative file, attorney investigative privilege. Also ) typed notes, of individuals listed as contains information and "Additional victims" documents subject to privacy rights of victims who are not parties to this litigation Box #1 Indictment preparation binder containing: Work product P-002387 Grand jury subpoena log, evidence/activity 6(e) Thru summary charta_witness/victim names and contact Contains information and P-002769 list, attorney ( handwritten notes, 302s, documents subject to as of state investigative file, attorney investigative privilege. Also ( typed notes, relevant pieces of grand contains information and jury materials, telephone records/flight records documents subject to privacy analysis charts, victim/witness photographs, rights of victims who are not DAVID records, NCICs, and related materials for parties to this litigation persons identified as Jane Does #15, 16, 17, 18, 19, Past Employees, Misc. Witnesses Box #1 Indictment preparation binder containing: Work product P-002770 witness/victim list with identifying information, 6(e) Thru sexual activity summ telephone call summary Contains information and P-003211 chart, attorney handwritten notes, documents subject to 3CSsfions of state investigative file, attorney investigative privilege. Also ( typed notes, relevant pieces of grand contains information and jury materials, telephone records/flight records documents subject to privacy analysis charts, victim/witness photographs, rights of victims who are not DAVID records, NCICs, and related materials for parties to this litigation persons identified as Jane Does #1, 2, 3, 4, 5, 6, 7, 8 Page 3 of 23 EFTA00223829 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 4 of 23 Bates Range Description Privilege(s) Asserted Box #1 Indictment preparation binder containing meta- Work product P-003212 analysis charts of telephone/flight/grand jury 6(e) Thru information for a number of victim/witnesses, Contains information and P-003545 and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 FBI Reports of March 2008 interviews of Work product P-003546 additional witness/victim located in New York 6(e) Thru Contains information and P-003552 documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 Printout of filenames from Federal Express Work product P-003553 subpoena response with Attorney notations 6(e) Thru P-003555B Box #1 Document entitled "Identified Numbers" with Work product P-003556 accompanying handwritten attorney list compiled 6(e) Thru from grand jury materials and attorney analysis of Contains information subject P-003562 records to investigative privilege Box #1 Folder entitled "Flight Manifests" containing 6(e) P-003563 manifests received pursuant to grand jury Contains information and Thru subpoena documents subject to P-003629 investigative privilege Box #1 File folder entitled "Recent Attibites" Work product P-003630 containing handwritten attorney ) notes 6(e) Thru regarding document review and case strategy Investigative privilege P-003633 Deliberative process Box #1 File folder bearing victim name containing FBI Work product P-003634 interview report from May 2008. telephone Attorney-client privilege Thru activity report with attorney ( ) 6(e) P-003646 handwritten notes, related grand jury material Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 4 of 23 EFTA00223830 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 5 of 23 Bates Range Description Privilege(s) Asserted Box #1 File folder entitled "Summary of Sexual Activity" Work product P-003647 containing chart bearing handwritten title "Sexual 6(e) Thru Activity — Summary" with meta-analysis of Investigative privilege P-003651 information, sorted by name of each Deliberative process victim/witness, including name and identifying Also contains information and information of each victim/witness documents subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "Victim Civil Suits" Not privileged. P-003652 Produced to counsel for Thru Petitioners P-003663 Box #1 File folder entitled "Research re JE Websites" Work product P-003664 containing attorney research Thru P-003678 Box #1 File folder entitled "Serene Cano (N.Y. AUSA)" Work product P-003679 containing attorney (IIIIII) handwritten notes Thru P-003680 Box #1 File folder entitled "Dr. Anna Salter" containing Work product P-003681 attorney ( ) memo to expert witness and Investigative privilege Thru handwritten attorney notes P-003687 Box #1 File folder entitled "In G[] Interview" containing Work product P-003688 attorney handwritten notes of interview, and Investigative privilege Thru attorney handwritten notes regarding potential Also contains information P-003693 charges subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "Research re Travel for Work product P-003694 Prostitution" containing attorney ( ) 6(e) Thru handwritten notes regarding grand jury Investigative privilege P-003711 presentation, chart entitled "Brought to Epstein's Also contains information and House" with handwritten notes, Message Pad documents subject to privacy meta-analysis chart, summary of evidence related rights of victims who are not to one victim/witness, and relevant grand jury parties to this litigation information Box #1 Empty file folder bearing name of victim/witness Investigative privilege P-003712 Also contains information subject to privacy rights of victim who is not a party to this litigation Page 5 of 23 EFTA00223831 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 6 of 23 Bates Range Description Privilege(s) Asserted Box #1 File folder entitled "T[] M[]" containing grand 6(e) P-003713 jury subpoenas, motion and order to compel Documents under seal Thru testimony, and correspondence regarding same pursuant to court order P-003746 Box #1 File folder entitled ' ' containing 6(e) P-003747 subpoena and correspondence regarding same Thru P-003751 Box #1 File folder entitled "PBPD Investigative File" 6(e) P-003752 obtained via subpoena Investigative privilege Thru Also contains information and P-004295 documents subject to privacy rights of victims who are not parties to this litigation Box #1 File folder bearing name of victim/witness Work product P-004296 containing meta-analysis chart showing telephone 6(e) Thru calls, travel, and grand jury materials relevant to Investigative privilege P-004350 possible charges Also contains information and documents subject to privacy rights of victims who are not arties to this liti ation Box #1 File folder entitled ' Documents Work product P-004351 53909-004" containing attorney research related Thru to bias issue P-004381 Box #1 File Folder entitled "FEDEX" containing 6(e) P-004382 documents obtained via subpoena Investigative privilege Thru P-004478 Box #1 File Folder entitled "State of Delaware Records" 6(e) P-004479 containing documents obtained in preparation for Investigative privilege Thru indictment Work product P-004551 Box #1 File folder entitled "Jet Blue Records" containing 6(e) P-004552 documents obtained via subpoena Work product Thru Investigative privilege P-004555 Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "FL EMPLOYMENT Investigative privilege P-004556 RECORDS" containing FDLE records on targets Work product Thru and witnesses obtained at attorney request P-004560 Page 6 of 23 EFTA00223832 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 7 of 23 Bates Range Description Privilege(s) Asserted Box #1 Filed folder entitled "JANUSZ BANASIAK" Work product P-004561 containing attorney ( ) handwritten notes Investigative privilege Thru of interview P-004565 Box #1 File folder entitled "JANUSZ BANASIAK 6(e) P-004566 RECORDS 23-0001 THROUGH 23-" containing Work product Thru documents obtained via subpoena Investigative privilege P-004716 Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "IGOR ZINOVIEV" Work product P-004717 containing attorney research regarding witness Investigative privilege Thru P-004722 Box #1 File folder entitled "BEAR STEARNS Work Product P-004723 RESEARCH" containing attorney research Investigative privilege Thru regarding potential witness and subpoena P-004725 recipient Box #1 File folder entitled "LAWSUITS INVOLVING Work Product P-004726 EPSTEIN CORP'S" containing attorney research Investigative privilege Thru regarding Epstein's past personal and business P-004819 litigative practices Box #1 Filed folder entitled "SEC RECORDS" Work Product P-004820 containing attorney research regarding Epstein Investigative privilege Thru financial relationships P-004959 Box #1 File folder entitled "Message Pads" containing Work Product P-004960 selected items from evidence obtained via 6(e) Thru subpoena Investigative privilege P-005059 Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 File folder bearing name of victim/witness Work Product P-005060 containing correspondence with counsel for 6(e) Thru victim/witness, attorney witness outline with Investigative privilege P-005081 attorney handwritten notes, attorney handwritten Also contains information and notes regarding witness reports and case documents subject to privacy preparation rights of victims who are not parties to this litigation Box #1 File folder entitled "New York Trip" containing Work product P-005082 attorney notes re witness interview Investigative privilege Thru P-005083 Page 7 of 23 EFTA00223833 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 8 of 23 Bates Range Description Privilege(s) Asserted P-005084 thru P-005107 are non responsive documents and have been removed Box #1 File folder entitled "ANNA SALTER" containing Work product P-005108 attorney research on select expert, use of experts Investigative privilege Thru at trials in child exploitation cases, and additional P-005193 research materials on offenders and victims Box #1 File folder entitled "Extra Copies" containing Work product P-005194 meta-analysis chart and 302's of victim/witnesses 6(e) Thru used in preparing indictment package Investigative privilege P-005300 Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "JUAN ALESSI 6(e) P-005301 STATEMENT' containing transcript obtained via Investigative privilege Thru subpoena P-005331 Box #1 File folder entitled "KEN LANNING" containing Work product P-005332 attorney research on select expert, including Investigative privilege Thru attorney handwritten notes P-005341 Box #1 File folder entitled "Info re Planes" containing 6(e) P-005342 correspondence regarding subpoenas and Investigative privilege Thru documents received in response to subpoenas P-005387 Box #1 File folder entitled "Police Reports & PC Work product P-005388 Affidavit" containing portions of police reports 6(e) Thru with attorney notes, related phone records, a list Investigative privilege P-005442 entitled "Victims" with identifying information Also contains information and and attorney handwritten notes, photographs and documents subject to privacy DAVID information, and additional attorney rights of victims who are not research regarding Epstein sexual activity parties to this litigation Box #1 File folder entitled "[Victim name] Transcript of 6(e) P-005443 Interview & GJ Transcript" Investigative privilege Thru Also contains information and P-005496 documents subject to privacy rights of victims who are not parties to this litigation Box #1 File folder entitled "Bear Stearns Subpoena 6(e) P-005497 Resp." containing material received in response Investigative privilege Thru to subpoena P-005556 Page 8 of 23 EFTA00223834 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 9 of 23 Bates Range Description Privilege(s) Asserted Box #1 U.S. Attorney's Office Criminal Case File Jacket Work product P-005557 containing file opening documents, expert Deliberative process Thru witness payment documents P-005576 Box #1 U.S. Attorney's Office Asset Forfeiture Case File Work product P-005578 Jacket containing file opening and file closing Deliberative process Thru documents P-005583 Box #1 File folder entitled "6001 Immunity Request" 6(e) P-005584 containing internal memoranda seeking witness Work product and Thru immunity and correspondence with counsel for deliberative process (as to P-005606 witness regarding same internal memoranda) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 File folder entitled "MASTER PHONE Work product P-005607 RECORDS" containing meta-analysis of all 6(e) Thru phone, travel, and grand jury data for all Investigative privilege P-005914 victim/witnesses for indictment preparation Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 File folder bearing name of victim/witness Work product P-005915 containing meta-analysis of all phone, travel, and 6(e) Thru grand jury data related to that victim/witness for Investigative privilege P-005977 indictment preparation Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 File folder bearing name of victim/witness Work product P-005978 containing meta-analysis of all phone, travel, and 6(e) Thru grand jury data related to that victim/witness for Investigative privilege P-006050 indictment preparation Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 File folder bearing name of victim/witness Work product P-006051 containing meta-analysis of all phone, travel, and 6(e) Thru grand jury data related to that victim/witness for Investigative privilege P-006065 indictment preparation Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 9 of 23 EFTA00223835 Case 9:08-cv-80736-KAM Document IMI-1 Entered on FLSD Docket 07/19/2013 Page 10 of 23 Bates Range Description Privilege(s) Asserted Box #2 File folder entitled "JANE DOE #4" containing Work product P-006066 meta-analysis of all phone, travel, and grand jury 6(e) Thru data related to that victim/witness for indictment Investigative privilege P-006220 preparation Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 File folder entitled 'JANE DOE #12" containing Work product P-006221 meta-analysis of all phone, travel, and grand jury 6(e) Thru data related to that victim/witness for indictment Investigative privilege P-006222 preparation Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 File folder entitled "CORRECTED PHONE Work product P-006223 RECORDS 5/31/07" containing meta-analysis of 6(e) Thru all phone, travel, and grand jury data related to all Investigative privilege P-006522 victims/witnesses for indictment preparation Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Box #2 File folder entitled "[Victim Name] Phone Work product P-006523 Records" containing telephone records received 6(e) Thru in response to subpoena Investigative privilege P-006802 Also contains information and documents subject to privacy rights of victims who are not arties to this liti ation Box #2 File folder entitled "Lists of Identified Phone Work product P-006803 Numbers" containing charts of information culled 6(e) Thru from grand jury materials, interviews, and other Investigative privilege P-006860 investigation, with attorney handwritten notes, Also contains information and and information to issue follow-up grand jury documents subject to privacy subpoena rights of victims who are not parties to this litigation Box #2 File folder entitled "EPSTEIN, CELL Work product P-006861 PHONE RECORDS" containing documents 6(e) Thru received via subpoena with attorney handwritten Investigative privilege P-007785 notes and highlighting Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 10 of 23 EFTA00223836 Case 9:08-cv-80736-KAM Document IM -1 Entered on FLSD Docket 07/19/2013 Page 11 of 23 Bates Range Description Privilege(s) Asserted Box #2 Folder entitled "OLY GRAND JURY LOG: Work product P-007786 OLY-01 THROUGH OLY-50" containing 6(e) Thru subpoenas, correspondence regarding same, 6(e) Investigative privilege P-008120 letters, attorney handwritten notes regarding Also contains information and records received in response to subpoenas documents subject to privacy rights of victims who are not parties to this litigation Box #2 Handwritten flight logs received in response to 6(e) P-008121 subpoena Investigative privilege Thru P-008139 Box #2 Grand jury presentation folder containing Work product P-008140 attorney handwritten notes, typed outline with 6(e) Thru additional handwritten notes, complete indictment Investigative privilege P-008298 package dated 2/19/2008, victim list with Also contains information and identifying information, photographs, and documents subject to privacy summary of activity rights of victims who are not parties to this litigation Box #2 File folder entitled "FINAL AGREEMENTS" P-008299 containing subfolder entitled "Agrmts Filed in Thru State Court" (P-008300-P-008327 [not being P-008363 withheld as privileged — have been produced to opposing counsel]); signed Non-Prosecution Agreement, Addendum, and operative portion of 12/19/2007 Sanchez-Acosta letter (P-008328-P- 008343 [not being withheld as privileged — have been produced to opposing counsel]); subfolder entitled "12/19/07 Acosta-Sanchez Ltr" containing unredacted copies of that letter (P- 008344-P-008363 [pursuant to Court's Order, not being withheld as privileged — will be produced to opposing counsel upon lift of stay by 11ih Circuit Box #2 File folder entitled ' Immunity Request" 6(e) P-008364 containing internal memoranda, Justice Work Product Thru Department documentation, and subpoena Deliberative Process P-008382 regarding immunity request Investigative privilege Box #2 File folder containing March 18, 2008 grand jury Work product P-008383 presentation materials, including "Operation Leap 6(e) Thru Year Revised Indictment Summary Chart (by Investigative privilege P-008516 victim)," grand jury materials, draft indictments, Deliberative process victim reference list, grand jury subpoena log Also contains information and documents subject to privacy rights of victims who are not parties to this litigation Page 11 of 23 EFTA00223837 Case 9:08-cv-80736-KAM Document M-1 Entered on FLSD Docket 07/19/2013 Page 12 of 23 Bates Range Description Privilege(s) Asserted Box #2 6/25/2007 Letter from Gerald Lefcourt . P-008517 Thru [pursuant to Court's Order, not being withheld as P-008535 privileged — will be produced to opposing counsel upon lift of stay by 11'" Circuit] Box #2 Handwritten attorney notes to prepare for Work product P-008536