291-02.pdf

EXHIBIT 2 Case 9:08-cv-80736-KAM Document 291-2 Entered on FLSD Docket 01/21/2015 Page 1 of 9 Case 9:08-cv-80736-KAM Document 291-2 Entered on FLSD Docket 01/21/2015 Page 2 of 9 Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P. L. WWW . PATHTOJU S TI Cl;-. COM Wifredo A. F eITer United States Attorney Southern District of Florida 99 N. . 4th Street Miami FL 33132 August 20, 2014 RE: Jane Does 1 and_ v. Uniled Stares Case o. : 08-80736-Civ- 11.ana/Jolmson Dear Mr. Fen-er: As you know. we have been in litigation for more than six ears on a case under the Crime Victims Rights Act - a case that involves decisions that were all made before you took office and that gave Jeffrey Epstein an expansive non -prosecution agreement. Several years ago you were nice enough to m et with us and one of our clients to discuss the case, which we ·really , I appreciated. More recently we contacted the line attorneys working on the case to see if we could reach some stipulated facts on various is sues su1T0t111ding the case. It is in that spirit of trying to avoid unnecessary battles that we wanted to alert you to a motion we are preparing to file to see whether this could be a stipulated motion. Ow- CVRA case is brought on behalf of two sexual assau lt victims - Jane Doe #1 and Jane Doe #2. We would I ike to add a third victim to the case - Jane Doe # 3. Her true name is although we would seek to keep her identity confidentiai during the proceedings. We contact d your office about prosecuting the crimes Jeffrey Epstein co1m11itted against her a couple years ago when we realized that she was not includes in Lhe NPA· however, we were told that despite not knowing about this particular victim when the agreement with Epstein was reached, the NP A was drafted so broadly as to preclude criminal charges for the crimes committed against her. Adding her to the case will not expand the issu es in the case. Nor wiJl it result in any new disco very or additional delay. 425 North Andrews Avenue • Suite 2 • Fort Lauderdale, Florida 33301 95 4.524.2820 office 954.524 . 2822 fax Case 9:08-cv-80736-KAM Document 291-2 Entered on FLSD Docket 01/21/2015 Page 3 of 9 Wifredo A. Ferrer August 20, 2014 Page2 Jane Doe #3 was sexually abused numerous times by Jeffrey Epstein. She is keenly interested in having our CVRA case fairly resolved. We also note that, under the CVRA, Justice Department prosecutors are obligated to use their "best efforts" to help protect crime victims' rights. As such, we ask for your stipulation to this amendment. A copy of our soon-to-be-filed motion is attached. We wanted to show you what it looked like in hopes that you might be able to support it. We would, of course, be glad to consider making any changes to the motion that would help gamer your support. Thanks in advance for considering this request. Very truly yours, FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. ~ . Bradley J. Edwards BJE::mwk Enclosure Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. 425 N. Andrews Avenue • Suite 2 • Fort Lauderdale, FL 33301 Toll Free: 800.400.1098 • Office: 954.524.2820 • Fax: 954.524.2822 Case 9:08-cv-80736-KAM Document 291-2 Entered on FLSD Docket 01/21/2015 Page 4 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES ___________ __,/ JANE DOE #3'S MOTION TO JOIN CVRA ACTION COME NOW Jane Doe #3, by and through undersigned counsel, to move this Court to join tbis action. Because Jane Doe #3' s rights have been violated in the same way as the two other victims, and because the Crime Victims' Rights Act (CVRA) contains no statute of limitations, she should be allowed to join this action. As the Court is aware, more than six years ago Jane Doe #1 filed the present action against the United States, alleging a violation of her rights under the CVRA, 18 U.S.C. § 3771. She alleged that Jeffrey Epstein had sexually abused her and that the United States had entered into a secret non-prosecution agreement regarding those crimes in violation of her rights. At the first court hearing on the case, the Court allowed Jane Doe #2 to also join the action. Both Jane Doe #1 and Jane Doe #2 specifically argued that the government had failed to protect their CVRA rights (inter alia) to confer, to reasonable notice, and to be treated with fairness. In response, the Government argued that the CVRA rights did not apply to Jane Doe # I and Jane Doe #2 because no federal charges had ever been filed against Jeffrey Epstein. 1 Case 9:08-cv-80736-KAM Document 291-2 Entered on FLSD Docket 01/21/2015 Page 5 of 9 Last June, the Court rejected the United States' position. The Court concluded that the CVRA extended rights to Jane Doe #1 and Jane Doe #2 even though charges were never filed. The Court explained that because the NP A barred prosecution of crimes committed against them by Epstein, they had "standing" to assert violations of the CVRA rights. DE 189. The Cowi deferred ruling on whether the two victims would be entitled to relief, pending development of a fuller evidentiary record. Jane Doe #3 1 was sexually abused by Jeffrey Epstein more than twenty times in and after the summer of 2002. Thereafter, in 2007, when the United States entered into its non- prosecution agreement with Epstein the United States had identified more than 40 victims by name and knew that many more existed. Jane Doe #3 was unknown to the United States yet the United States entered into an agreement with Epstein - the NPA -which purports to preclude prosecution against Epstein in the Southern District of Florida, even for serious sexual offenses against Jane Doe #3 that are not barred by the Statute of Limitations. Jane Doe #3 was never even contacted by the United States, yet the United States contracted away her rights. Jane Doe #3 now moves to join the action filed by Jane Doe #1 and Jane Doe #2. She believes that her rights were violated in the same fashion as the other victims. Adding her to this case will not prejudice the United States. Jane Doe #3 does not seek any additional discove1y beyond that previously sought by Jane Doe #1 and Jane Doe #2. Accordingly the United States will not be prejudiced or burdened by adding her to this case. Indeed, adding her to this case may simplify certain issues, as it appears that the United States 1 Because she was sexually assaulted as a minor, Jane Doe #3 proceeds in this motion by way of a pseudonym. 2 Case 9:08-cv-80736-KAM Document 291-2 Entered on FLSD Docket 01/21/2015 Page 6 of 9 made no effort whatsoever to inform her about the non-prosecution agreement and cannot possibly argue otherwise, in contrast to certain limited steps that the United States may argue to have taken with regard to Jane Doe #1 and Jane Doe #2. The CVRA does not contain any statute of limitations for filing an action to enforce rights under the statute. Accordingly, her motion should be granted. Jane Doe # 1 and Jane Doe #2 suppo1t the motion. The United States [insert position xxxxxxxxx.xxxxxxx 1. CONCLUSION Jane Doe #3 should be allowed to join this action. A proposed order allowing her to join is attached to this pleading. DATED: August 20, 2014 3 Respectfully Submitted, Isl Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews A venue, Suite 2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar