EFTA02729370.pdf

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT JEFFREY EPSTEIN, CASE NO. 4D09-2554 PALM BEACH COUNTY Petitioner, L.T. CASE NO. 2008 CF 009381A v. STATE OF FLORIDA, Respondent. RESPONSE TO MOTION TO SUPPLEMENT THE RECORD Petitioner, JEFFREY EPSTEIN, files this response to the Motion to Supplement the Record filed by Respondent, B.B. on August 5, 2009. Mr. Epstein has no objection to the motion. I HEREBY CERTIFY that a copy of the foregoing has been sent by mail this 90k%ay of August, 2009, to: JEFFREY H. SLOMAN JUDITH STEVENSON ARCO U.S. Attorney's Office-Southern District State Attorney's Office-West Palm Beach 500 South Australian Avenue, Suite 400 401 North Dixie Highway West Palm Beach, FL 33401 West Palm Beach, FL 33401 WILLIAM J. BERGER DEANNA K. SHULLMAN ROTHSTEIN ROSENFELDT ADLER 400 North Ashley Drive, Suite 1100 401 East Las Olas Boulevard, Suite 1650 P. O. Box 2602 (33601) Fort Lauderdale, FL 33301 Tampa, FL 33602 Counsel for E.W. Counsel for The Palm Beach Post 1 09/12/2019 age Agency to Agency Requev 19-4 I1 CONFIDENTIAL 3 SDNYGM_00331659 EFTA_00204385 EFTA02729370 SPENCER T. KUVIN HONORABLE JEFFREY COLBATH DIANA L MARTIN 15th Judicial Circuit LEOPOLD-KUVIN, P.A. Palm Beach County Courthouse 2925 PGA Boulevard, Suite 200 205 North Dixie Highway Palm Beach Gardens, FL 33410 Room 11F Counsel for B.B. West Palm Beach, FL 33401 ROBERT D. CRITTON of BURMAN, CRITTON, LUTHER & COLEMAN 515 North Flagler Drive, Suite 400 West Palm Beach FL 33401 and JACK A. GOLDBERGER of ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 33401 and JANE KREUSLER-WALSH and REBECCA MERCIER VARGAS of KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 501 South Flagler Drive, Suite 503 West Palm Beach, FL 33401-5913 Counsel for Petitioner By: qitit(N1146(c;-L. co)s--f ex.( t3c). oi5co3 - JANE KREUSLER-W. Florida Bar No. 272371 2 09/12/2019 ogo Agency to Agency Rennet: 19-411 3 CONFIDENTIAL SDNY_GM_00331660 EFTA 00204386 EFTA02729371  IN THE FOURTH DISTRICT COURT OF APPEAL FOR TILE STATE OF FLORIDA JEFFREY EPSTEIN, CASE NO: 4D09-2554 Petitioner, vs. L.T. No. 20098CF009381A (Palm Beach) STATE OF FLORIDA, Respondent. RESPONDENT B.B.'S MOTION TO SUPPLEMENT THE RECORD Respondent B.B. moves to supplement the record before the Court on Petitioner Jeffrey Epstein's petition for writ of certiorari and states as follows: 1. Petitioner Epstein filed an emergency petition for writ of certiorari requesting that this Court quash the order of Fifteenth Judicial Circuit Judge Jeffrey Colbath unsealing a nonprosecution agreement between Petitioner Epstein and the United States Attorney's Office. 2. One of Petitioner Epstein's arguments for quashing the lower court order is that Respondent B.B. is able to obtain the sealed nonprosecution agreement from the United States Attorney's Office pursuant to the terms of a federal order issued by Judge Marra of the Southern District of Florida: As Mr. Epstein's counsel stated at the June 25, 2009 hearing in front of Judge Colbath, B.B., as an alleged victim, is entitled to production of the document subject to the conditions in Judge Marra's orders (A-18:41). 09/12/2019 Agency to Agency Requet: 19-011 CONFPa IDENTIAL SDNY_GM_00331661 EFTA_00204387 EFTA02729372  Reply Brief, p. 21, 3. 3. Respondent B.B., in fact, is not able to obtain the nonprosecution agreement from the United States Attorney's Office. Late yesterday afternoon, counsel for B.B. received the attached letter from the United States Attorney advising that the he cannot disclose the nonprosecution agreement to B.B. because she was not identified by the USAO as one of Epstein's victims. 4. Although this letter was not before the trial court prior to the issuance of the order unsealing the agreement, it directly bears on the proceedings before this Court. It should also be noted that Petitioner Epstein submitted a supplemental appendix with his reply brief that includes documents created after the order under review here and were not, therefore, considered by Judge Colbath when unsealing the nonprosecution agreement. 5. The undersigned counsel for Respondent B.B. has conferred with Jane Kreusler-Walsh, counsel for Petitioner Epstein, regarding this motion to supplement. Ms. Walsh advised that she is on vacation and would refer the matter to trial counsel. Undersigned counsel has not yet heard from trial counsel regarding Petitioner Epstein's position on this motion to supplement. As briefing in this case has been completed and the Court might rule at any time, Respondent B.B. is filing this motion without knowledge of whether opposing counsel opposes the relief requested. Respondent will file an 09/1212019 ?age 3399 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331662 EFTA_00204388 EFTA02729373  amended motion upon opposing counsel advising of the Petitioner's position on this motion. WHEREFORE, Respondent B.B. respectfully requests the Court supplement the record before the Court on Petitioner Epstein's petition for writ of certiorari with the attached letter to Respondent B.B. from the United States Attorney's Office. Dated: August 5, 2009 By: Diana L. Martin Florida Bar No. 624489 LEOPOLD-KUV1N, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 09/12/2019 Page Agency to Agency Requet: 19-411 CONF NTIAL SDNY_GM_00331663 EFTA 00204389 EFTA02729374  CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing was served via U.S. Mail on August 5, 2009, on the following: Jack A. Goldberger, Esq. Jane Kreusler-Walsh, Esq. Attorney For: Jeffrey Epstein Barbara J. Compiani, Esq. 250 Australian Avenue Attorneys For: Jeffrey Epstein Suite 1400 Kreusler-Walsh, Compiani & Vargas, West Palm Beach, FL 334101 P.A. 501 S. Flagler Drive, Suite 503 West Palm Beach, FL 33401-5913 Phone: (561) 659-5455 Robert D. Critton, Jr., Michael J. Pike Jeffrey H. Sloman, Esq. Attorney For: Jeffrey Epstein U.S. Attorney's Office-Southern District 515 North Flagler Drive 500 S. Australian Ave., Suite 400 Suite 400 West Palm Beach, FL 33401 West Palm Beach, FL 33401 Judith Stevenson Arco, Esq. William Berger, Esq. State Attorney's Office-West Palm Attorney For: E. W. Beach Rothstein Rosenfeldt Adler 401 N. Dixie Highway 401 E. Las Olas Blvd., Suite 1650 West Palm Beach, FL 33401 Ft. Lauderdale, FL 33394 Deanna K. Shullman Attorney For: Palm Beach Post 400 N. Ashley Dr., Suite 1100 P.O. Box 2602 (33601) Tampa, FL 33602 _ritAAJIA_ Diana L. Martin Florida Bar No. 624489 09112/2019 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331664 EFTA 00204390 EFTA02729375 • U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 August 4, 2009 VIA ELECTRONIC MAIL Spencer T. Kuvin, Esq. Leopold—Kuvin, P.A. 2925 PGA Boulevard Suite 200 Palm Beach Gardens, FL 33410 Re: Jeffrey Enstein/B.B. — Requested Disclosure of Non-Prosecution Agreement Dear Mr. Kuvin: Thank you for your letter regarding the disclosure of the Non-Prosecution Agreement signed by Jeffrey Epstein. I understand that you are asking for a copy of that Agreement in connection with your representation of "B.B." As you are aware, the Agreement contains a confidentiality provision. Based upon a lawsuit filed by some of Mr. Epstein's victims, U.S. District Judge KennethMaim has issued a Protective Order requiring the U.S. Attorney's Office to provide copies of the Agreement to certain individuals under certain circumstances. The Order states: If any individuals who have been identified by the USAO [U.S. Attorney's Office] as victims ofEpstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard ... (Court File No. 08-CV-80737-MARRA, DE 26, 1 (e).) The language "individuals who have been identifiedby the USAO as victims ofEpstein" refers to a specific list of individuals who were the subject of the federal investigation. A list of those individuals was provided to Mr. Epstein's attorney. Your client, B.B., was not identified during that investigation, and, therefore was not on the list. By stating this I am not, in any way, denigrating any harm that your client may have suffered. I am simply stating that, given time and resource limitations that we faced during the investigation, B.B. was not a person who was positively identified, such that she would have been the subject of charges within a 09112/2019 Agency to Agency Requet: 19-411 CONFIDE CONFIDENTIAL Pa SDNY_GM_00331665 EF1'A_0020439I EFTA02729376 SPENCER T. Kum, ESQ. Alum 4, 2009 PAGE 2 possible federal indictment. For this reason, your client is not covered by the Court's Protective Order and the Agreement's confidentiality provision remains intact. If you arc unable to get a copy of the Agreement via the civil discovery process in the lawsuit that you have filed against Mr. Epstein, please ask his counsel if they will consent to my production of the Agreement to you and I will send a copy to you. Sincerely, Jeffrey H. Sloman Acting United States Attorney By: Assistant U.S. Attorney cc: Karen Atkinson, Esq. 09112/2019 age3403 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00331666 EFTA 00204392 EFTA02729377