Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A., No. 122-cv-10904 (S.D.N.Y. 2022)/032.pdf

Case 1:22-cv-10904-JSR Document 32 Filed 01/25/23 Page 1 of 19 ' l Case 1:22-cv-10904-JSR Document 27 Filed 01/20/23 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS PLAINTIFF, V. JPMORGAN CHASE BANK, N.A. DEFENDANT. ) ) ) ) ) ) ) ) ) ) Case Number: 1:22-cv-10904-JSR MOTION FOR ISSUANCE OF LETTER OF REQUEST {LETTER ROGATORY) NOW COMES, the Plaintiff, in the above referenced action, and moves for the Issuance of a Letter of Request (Letter Rogatory) pursuant to F.R.C.P. 28 requesting an order requiring Cathy Alexander, located at 7 Harmonie Crescent, Paradise Beach, Jeffreys Bay 6330, South Africa, to do the following: (a) Appear to have her remote deposition taken on a date to be agreed within 30 days of service of the subpoena at a mutually convenient location in or near Jeffreys Bay; and (b) Produce all Documents, Communications, and agreements related to her employment by Jeffrey Epstein, including: 1. Employment and severance agreements, 2. Non-disclosure agreements, 3. All payments, in any form, received from or on behalf of Jeffrey Epstein, and 4. All Communications with Jeffrey Epstein, Ghislaine Maxwell, Bella Klein, Daphne Wallace, Harry Beller, Lesley Groff, Sarah Kellen a/ka Sarah Kensington a/k/a Sarah Vickers, Erika Kellerhals, Richard D. Kahn, and/or Darren K. Indyke. 1 Case 1:22-cv-10904-JSR Document 32 Filed 01/25/23 Page 2 of 19 Case 1:22-cv-10904-JSR Document 27 Filed 01/20/23 Page 2 of 3 As grounds for this Motion, the Plaintiff states the following: 1. The above captioned case is currently pending in the United States District Court for the Southern District of New York. 2. Plaintiff alleges decedent Jeffrey E. Epstein ("Epstein") engaged in a criminal sexual trafficking enterprise in the United States Virgin Islands, wherein he used his vast wealth and property holdings and a deliberately opaque web of corporations and companies to transport young women and girls to his privately owned islands where they were held captive and subject to severe and extensive sexual abuse. Plaintiff further alleges that Defendant JPMorgan Chase Bank, N.A. and its affiliates had actual or constructive knowledge of Epstein's misconduct but nevertheless violated their statutory duties to report suspicious transactions from accounts held by them. 3. Upon information and belief, Cathy Alexander was employed by decedent Epstein as the house manager for his residence on Little St. James from approximately 1999 to 2007, and, as such, would have first-hand knowledge of Epstein's conduct and visitors at Little St. James. 4. In order to prepare the case for trial, Plaintiff needs to the take the deposition of Cathy Alexander. WHEREFORE Plaintiff respectfully requests that this Honorable Court allow this Motion and issue a Letter of Request (Letter Rogatory). A proposed Letter of Request (Letter Rogatory) is attached to this Motion as Exhibit 1. Dated: January 20, 2023 CAROL THOMAS-JACOBS, ESQ. ACTING ATTORNEY GENERAL ls/Linda Singer LINDA SINGER (NYS Bar #2473403) 2 Case 1:22-cv-10904-JSR Document 32 Filed 01/25/23 Page 3 of 19 Case 1:22-cv-10904-JSR Document 27 Filed 01/20/23 Page 3 of 3 Admitted Pro Hae Vice Motley Rice LLC 401 9 th Street NW, Suite 630 Washington, DC 20004 Tel: (202) 232-5504 lsinger@motleyrice.com CAROL THOMAS-JACOBS (NYS Bar#2941300) Admitted Pro Hae Vice Acting Attorney General of the United States Virgin Islands Virgin Islands Department of Justice 34-38 Kronprindsens Gade St. Thomas, U.S. Virgin Islands 00802 Tel.: (340) 774-5666 ext. 10101 carol.jacobs@doj.vi.gov DAVID I. ACKERMAN (NYS Bar #4110839) Motley Rice LLC 401 9 th Street NW, Suite 630 Washington, DC 20004 Tel: (202) 849-4962 dackerman@motleyrice.com PAIGE BOGGS Admitted Pro Hae Vice Motley Rice LLC 401 9 th Street NW, Suite 630 Washington, DC 20004 Tel: (202) 386-9629 pboggs@motleyrice.com CERTIFICATE OF SERVICE I hereby certify that on January 20, 2023, the foregoing Plaintiffs Motion for Issuance of Letter of Request (Letter Rogatory) was filed with the Clerk's Office using the CM/ECF system. Notice of this filing will be sent to all parties of record by operation of, and parties may access this filing through, the Court's CM/ECF system. ls/Linda Singer Linda Singer 3 Case 1:22-cv-10904-JSR Document 32 Filed 01/25/23 Page 4 of 19 Case 1:22-cv-10904-JSR Document 27-1 Filed 01/20/23 Page 1 of 5 EXHIBIT 1 Case 1:22-cv-10904-JSR Document 32 Filed 01/25/23 Page 5 of 19 Case 1:22-cv-10904-JSR Document 27-1 Filed 01/20/23 Page 2 of 5 LETTER OF REQUEST (LETTER ROGATORY) TO: Clerk ofHumansdorp Magistrate Court Humansdorp Magistrate Court Du Plessis St. Humansdorp 6300 South Africa RE: Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A. In the United States District Court for the Southern District of New York Civil Action No. 1:22-cv-10904-JSR Dear Sir/Madam: The above-captioned civil action is pending before the undersigned Judge of the United States District Court for the Southern District of New York. Plaintiff in the action seeks to obtain the deposition of Cathy Alexander and production of documents in her possession. Thank you for your courtesy in this matter. BY THE COURT Dated: _____,___,( /4,_.,.._Q-_? _,_,,_/ P- ___ 3 __ ( I Case 1:22-cv-10904-JSR Document 32 Filed 01/25/23 Page 6 of 19 Case 1:22-cv-10904-JSR Document 27-1 Filed 01/20/23 Page 3 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS PLAINTIFF, V. JPMORGAN CHASE BANK, N.A. DEFENDANT. ) ) ) ) ) ) ) ) ) ) Case Number: 1 :22-cv-l 0904-JSR ACTION FOR DAMAGES JURY TRIAL DEMANDED REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTERS ROGATORY) The United States District Court for the Southern District of New York presents its compliments to the Humansdorp Magistrate Court of South Africa, and requests international judicial assistance to obtain evidence to be used in a civil proceeding before this Court in the above captioned matter. This Court requests the assistance described herein as necessary in the interests of justice. The assistance requested is that the appropriate judicial authority of South Africa compel the appearance of the below named individual to give evidence and produce documents. The aforesaid mentioned individual: Cathy Alexander Residing at: 7 Harmonie Crescent, Paradise Beach, Jeffreys Bay 6330, South Africa This Court requests Cathy Alexander produce all Documents, Communications, and agreements related to her employment by Jeffrey Epstein, including: employment and severance 1 Case 1:22-cv-10904-JSR Document 32 Filed 01/25/23 Page 7 of 19 Case 1:22-cv-10904-JSR Document 27-1 Filed 01/20/23 Page 4 of 5 agreements; non-disclosure agreements; all payments, in any form, received from or on behalf of Jeffrey E. Epstein; and all Communications with Jeffrey E. Epstein, Ghislaine Maxwell, Bella Klein, Daphne Wallace, Harry Beller, Lesley Groff, Sarah Kellen a/ka Sarah Kensington a/k/a Sarah Vickers, Erika Kellerhals, Richard D. Kahn, and/or Da