EFTA01085266.pdf

JEFFREY EPSTEIN, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800X.XXXMBAG JUDGE: CROW Plaintiff, vs. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually. Defendants. PLAINTIFF/COUNTER-DEFENDANT EPSTEIN'S AMENDED RESPONSES TO DEFENDANT/COUNTER-PLAINTIFF BRADLEY EDWARDS'S REOUEST FOR PRODUCTION TO COUNTER-DEFENDANT (PUNITIVE DAMAGES) Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein"), by and through his undersigned counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby files this amended respondsse to Defendant/Counter-Plaintiff Bradley Edward's Request for Production to Counter-Defendant (Punitive Damages), and answers as follows: 1. Please produce all Financial Statements prepared for or submitted to any Lender or Investor for the past five (5) years by you personally or on your behalf or on behalf of any entity in which you hold a controlling interest. EFTA01085266 ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "'Mlle act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. Furthermore. thia Reguc:4t-fer Production is vague and inartfully drnftcd such that I am unable-te-fewmulate-ii-proper-respenserThe-requested-finaneial-statements-eeuld-be subjeet-to-werk-pfeduet-privilege-andler-Aeeetintenteient-PrivilegeT Addifienatlyr it-is-well-settled4aw4hat-only-euffent-ftnaneial-derruments-afe-r-elevant-te a claim for punitive damages. Lanc v. Capita! Acquisitions, 212 F.R.D. 667 (S.D. Fla. 2005). Plaintiffs' request for non current financial information is irrelevant to a puftitive-damages-deteffninatieft-and-a-request-as-far-baek-as-five-years-is-deemed overly broad. Sec Lane v. Capital Acquisitions, 242 F.R.D. 667 (S.D. Fla. 2005) ("[t]he Couti howeverr dees-find-that-PlaietiffsLdiseevey-Fequests-afe-eveFbread-en-their-feee in-that-seme-seek-ftneneial-reeeths-fer-a-ftve-year-peried4)7 2. Please produce the W-2's and any other documents reflecting any income (including salary, bonuses, profit distributions, and any other form of income), including all gross and net revenue received by you directly or indirectly for the past five (5) years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. In-additienr this-Request-fer—Preklustion-is-everbefiad-as-te-the-five-year--Fequest,See Lisne r. Capital Acquisitions, 212 F.R.B. 667 (S.D. Fla. 2005). This Request for Produstien-is-vagEte-as-dcafled-sueh-that-I-am-unable-te-thaft-a-pcepeF-Fesponse-theretth Any-ether--desumentsnlay-be-subjest-te-werlerpreduet-privileger Aseetintant/Glient Privilege—andier—Atterney/Ghefft—PcivilegerTe—the—ement—that—this—Re 2 EFTA01085267 ainkliceettyantl—these—cleearnents—if—any—nentain—eonfiklential—inferination—ef—thicEl pafties—this-Rettest-vielates-the-third-paFties=rights-te-pfivaerunder--theaft-I—el-14-ef the-gleffnia-Gestitutien—The-r-equested-Eleeuments—te-the-extent-any-enist se-be subjeet-te-eoftficlentialitragreemenitentlier-ebligatiens-entered-inteawith-third-parties sueh4llat4iselesufe-would-be-a-vielatien-thereef: 3. All tax returns filed with any taxing entity during the past five (5) years by you or on your behalf, or on behalf of any entity in which you hold or held a controlling interest at the time of filing. ANSWER: ANSWERObjeetienrThis—Recitiest—fec—Preduetien—requires—the i4entifteatien-ef-the-existenee-ef4etaileEl-fmaneial-i.nfenciatien-whieh-eamaninates statemems-ef-faetrFigitet inifeel-Staiesr 4.2-5-147Sr39- he-aeFef preiluetien-itself--may-implinitly-eecanitnneatestatements-ef-faet that-ace-testimenial in nature. United States it Hubbell, 530 U.S. 27, 35 36 (2000). I have a substantial and Feasentible-basis-feeeeneeni-that-these-sintentents-ef-feet-that-are-testimeniel-in-netafe could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. Sec Ho/fawn i United States, 341 U.S. 479r 486—€19-54.—I—eannet—pfevi4e—annwer-skespenses-te-questiens-relatiftg-te-my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment-Fights-an-guaranteed-1,y-the-Uniteil-States-Geftstitenen, This-Requent-fer-Precluenen-itevefbreadits-te-the-ftve-year-requestrSee-Ltnte-vrcapital Aequisitioa-ESTD,Fle:400-5),Ftwthermarer this-Request-feePrethietifin is-vaguer and to wit: "tax returns". "any taxing entity" and "controlIin interest" lacks specificity. eenteining—eenficlential—infemianen—ef—thifil—pa4iesr this—Request—vielates—the—thin21 parties' rights to privacy under the Art 1, § 12 of the Florida Constitution. referenced eQopies of my personal Individual Income Tax Returns on Form 1040 for the years 2010 and 2011tax-retums-from40-1-0 2011 are-pcovieled-herewithwere provided with our prior response. 4. All bank statements or other financial statements which were prepared by or received by you, or on your behalf or by or on behalf of any entity in which you had an ownership interest of 10% or more at any time during the past five (5) years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "c[T]he act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for 3 EFTA01085268 concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This-Request-fec-Preduetien-is-evechreed-as-te-the-ikite-year--requestrSee-Lotie-vrGapiial Acquisitions, 212 F.R.D. 667 (S.D. Ha. 2005). This Request for Production is everbrettd-in-seepe-as-toall-baitlestatenienisand-vague-tits-te-the-request-ferether unahle—te—formulate—a—saftsfastepy—respenserTe—the—ement—that—this—Request—fer Predue4ion-is-inaftfully-dreftedr the-Request-is-mither--relevent-Fier-rettseably-likety-te lead-te4he-diseeveey-ef-adinissible-evidenee, PuFthefiner-er te-the-exten4-that-anstieh-doeumen46-thataist-yeer-e-prepared-fer--Of by-fner sesh-deeuments-inay-liie-subjeet-te-eenain-rivilegesr including-werk—preeluet j9fwtlegc, Accountant/Client Privilege and/or Attorney/Client Privilege and where qy fepensive-doeumentsr sueh-sueli-that-n any-e-xist-fer-any-sueh-entityr invelve-third ptiffiesrstieh-third-parties=rights-te-priviterare-guitrafiteed-and-proteeted-by-Artrir§-1-2 ef-the-Perida-Constitidieth 5. All financial statements which were prepared by you or on your behalf, or by or on behalf of any entity in which you held an ownership interest of 10% or more at any time during the past five (5) years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This Request for Production is identical in all material respects to the Request for Pr-eduetienr ner4,Fer-this-Feasenr eaell-and-evefy-objeetion-made-theFete-is-applic-aele tia-this-Requestr and-this-Request-fer--Preduelion-is-overly-burdensome. 6. The deeds and titles to all real property owned by you or held on your behalf either directly or indirectly at any time during the past five (5) years. 4 EFTA01085269 ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This Request for Production is overbroad as to the five year request. Scc Lane v. apital A,qui,vitions, 242 F.R.D. 667 (S.D. Fla. 2005). To the extent that thin Request FiffilieffflOferte-the-ement-thet-this-Request-fer-Preduetien-requices-the-diselesuce-ef third-pafties finansial-infeEmationr this-Request-fer-Preduetien-ktielates-these-third parties=fights-te-priviteras-guttftiftteed-by-Art §-1-2-4-the-Floritia-Consfitfttion-ef any-pacty-v,the-has-an4ntecest4n-said-entity7 7. All passbooks with respect to savings accounts, checking accounts and savings and loan association share accounts owned by you or on which you hold a right or have a held a right to withdraw funds at any time during the past five years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "c[T]he act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. [ALTHOUGH PASSBOOKS ARE OLD AND OUTDATED AND NOT GENERALLY-USED-BY-SOPHISTICATED-INDIVIDUALS,I-DONIT-THINK-31-O13 CAN MAY THE STATEMENT THAT THEY ARE NO LONGER IN USE AND CANNOT POSSIBLY EXIST. I WOULD ORDINARILY STATE THAT WE DON'T 1443164A-YBU-T-ASAVE-ARE-PLEADING-THE-F4P-T4-1-DO-NOT-T-HINK-IME gHOEILD-DO-SO-alf-his-Request-fer-Preduetien-is-inaFtfu r-afEed-te-the-ex4ent-that passbeeks-eVe-ne-lenger-used-by-the-hanking-industetand-ther-efefe-ne-deeuments responsive4e-this-ceituest-efrisit-Thet-asider this-Request-fer-Preduetien-is-everbread-as 5 EFTA01085270 to the five year request. Sec Lanc v. Capital Acquisitions, 212 F.R.D. 667 (S.D. Fla. 2005). Thig Reguect alto it violative of third pafly't righto to privacy under Art I, H2-4 -the Florida-Consilintion--in-se-far-ws-it-reittests-ittfor-ntittien-regardingsharetteeounts H UL N'T U ALSO INCLUDE HERE THE LANGUAGE ABOUT RIGHT TO DRAW FROM ACCOUNTS DOES NOT NECESSARILY MEAN PART OF Y-QUII-NET-WORT-H-E-TE SEE-RESPONSE-T99-ashewi 8. All passbooks with respect to all savings accounts, checking accounts and savings loan association share accounts, owned by you in whole or in part jointly as co- partner, or joint venture, in any business enterprise, or owned by an entity in which you have or have had a controlling interest at any time during the past 5 years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. {ALTHOUGH PASSBOOKS ARE OLD AND OUTDATED AND NOT GENERALL-Y--USED-B-Y--SQP-HIST-IGA-T-ED-INDP/4DUALSr l-DQNIT--T-H4NK--Y-QU CAN MAY THE STATEMENT THAT THEY ARE NO LONGER IN USE AND CANNOT POSSIBLY EXIST. I WOULD ORDINARILY STATE THAT WE DON'T NAVE-AN31-B14-T-AS-W-EaRE-PLEADING-THE-FIFTH-I-DO-NOT-THINK-WE SHOULD-DO-St-T--T-his-Request-fer--Pr-eduetien-is-inaftfully-dFafied-te-the-ex4ent-that passbeeks-aP8-ne-lenger-used-by-the-banking-inilustfy-and-therefece-ne-406+1FROFIt6 is overbroad as to the five year request. Scc Lane v. Capital Acquisitions, 212 F.R.D. 667-(S7DrEler2005): Additienallyr this-request-is-vielative-ef-third-paFty-Fights-te-pFivaey-ander--AfFir §-12-ef the-Florida-C-e iiiiiieii-in-se-fer-as-it-Fequests-infecinetien-regasilingshare-aeeeunts Pufthepinere-this-Request-fer-Preduetien-is-vague-ever-br-ead-and-inaFtfutly-drafied stieh-that-1-ani-unable-te-feffitulete-a-cespense te-wit eivit-vecitur busiiiess entefpFiseandeentr-elling-intecest aeli-speeifteity- 6 EFTA01085271 9. The most recent bank ledger sheets in your possession, or accessible by you on the intemet, with respect to all bank accounts in which you have a right to withdraw funds. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. PaFthepmerer this—Request—fer—Produetien—is—ePrefbreadr vague—and—ickaftfully—drafted since it requests documents regarding "all bank accounts" in which I have "a right to withdmw funds" without respect for any third party's right to privacy no guaranteed under-Aft-H•42-ef--the-Flerida-Gwvilittilottr-This-Request-for-Preduetiert-vielares-third paFty12/ -rights-te-pfivaey-under-Aft-irE12-4-the-Fieritia-Constitugen Additienallyr a-pfftyls-right-re-withdraw-funds-frore-a-bank-aeeeunt-dees-net necescarily mean that those funds in those bank accounts are owned by that party, or thm-that-partrhas-a-diseretienary-tight-re-fteeess-and-use-theft-firedsrsireli-that-dre funds-are-te-be-preper-ly-eensidered-hl-the-finaneial-set-wecth-fer--punitiw-damages, 10. The most recent bank ledger sheets in your possession, or accessible by you on the internet, with respect to all bank accounts owned by you solely, or jointly as co- partner, or joint venture, in any business enterprise, or owned by any entity to which you have a controlling interest. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This-Request-fer--Predueften-is-repetiftve-ef-Requests-for-Preduetien-ner9rTe-the-exrent that-this-Request-fer-Preduetien-requires-preduetien-ef-the-same-infeimatien-as-abeire; 7 EFTA01085272 this Request is overly burdensome. The remaining objections to the above Requests for Preduetien-apply-heFeter ineluding-the-ebieetien-en-hehalf--ef-thir-d-panies-whe-enjey-a pight-te-priveey-undefrArt 1, 12-of-the-Rorida-ConstihwieffrEtifthecniere—this-Request overbroa d formulate a response: to wit: "joint venture". "business enterprise" and "controlling infeces leek-sperrifieity: 11. All checkbooks for all accounts on which you were authorized to withdraw funds in the past five (5) years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This Request for Production is repetitive of Requests for Production nos. 9-and40r as brdefinitienra—eheekbeek—shews—the—sente—infefinetion—as—a—benk—ledger—sheeb Therefecer all-assefted-objeetiens-te-Requests-fec-Preditetion-nesr9-and-10-apply-her-ete as well. Addifienallyr te4he-extent-that-this-Request-fec-Preduetien-is-r-epetitive-ef--the-abeve; this-request-is-everly-burdensemer-Te-the-ement-that-this-request-is-fec-deeumenfs-evec a-pefied-ef--five-yeaFsr this-Request-is-evecbrea see-ehjeetiens-and-ease-law-eited above- Me to the extent that this Request for Production involves the privacy rights of third-paptiesr these4hir-d-paFties-enjey-a-Fighf-te-privaey-untler--Aft-ir §-1-2-ef-the-Fleffida Constitution? FT-H16-66rST-0BJEGT-ION-NOT—PARTIGUITARLY-PERSUASI-VS:--Y914-ARE SAYING THAT NOT ALL ACCOUNTS HAVE CHECKBOOKS, SO I CAN'T RESPOND? MY ANSWER WOULD BE THAT JUST PRODUCE THE Finally, to the extent that this Request for Pr-eduetien-seeks all-eheekbeeks-fer-aeseunts his-Requesf-is-inancully-drafted-and vegue-sinee-nef-ell-eeeettifts-lieve-eheekheeks therefece-l-ani-unable-te-feEniulete-a cespeese-therete, Pinellyr see-respenses-le-Requests-ner7-end-8-theve, 8 EFTA01085273 12. All corporate securities (stocks or bonds) owned by you, directly or indirectly. ANSWER: This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). ""[T]he act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This Request for Production io vague an to what io meant by "directly or indirectly" sush-that-l-am-unable40-femulate-a-satiscaeter-y-respense, Addifienallyr te-the-ement-that-this-R-equests-asIEs-fer--anything±in4ir-eetlyewned-by merthis-Request-fer-Preduetion-isatiehttive-efithrthird-pafties=rights-te-privaerunder theaft-ir .§42-ef-the-Flepitia-C-eitertitithen, 13. The latest available balance sheets and other financial statements with respect to any and all business enterprises of whatever nature in which you possess any ownership interest of 10% or more, whether as partner, joint venture, stockholder, or otherwise. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). 'Mlle act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This-Request-fer-Predueften-is-vague-as-te-the-request-ferether-finaneial-statements2 sush-that-l-ani-unable-te-ferniulate-a-satisfastery-respenser Pfedustien-is-vague—evecbread-and-inagfully-ctrafted-sush-that-I-am-tinable-te-fecmulate ft)ftg4.:—I•leiveverr ie-the-eittent-fhet-an sueh-diseumeffts-thatm-vtere prepeFed-fer-er--by-fner elepending-upen-the-desumentr gueh-doeument-Fnay-lae-subjeet-te sectain-pfivilegesr ineluding-werk-pr-oduet-prageger Aseeuntant/Clientage-andler Afterney/Gliefft-Pcivilege: 9 EFTA01085274 PuFtheimeFer this-Request-fec-Priaidustien-vielates-the-Fights-te-ppivasy-as-guar-anteed-by the-Refide-Gensfitutienr Aft-Ir§-1-2rto-any-party-whe-has-aci-iineresf-in-an sttifl limsiness-entetsentit themerer te-the-ex-tent-that-this-Requesf-for-Productien-is repetitive-ef-Request-for-Produetion-fier4rthis-Request-is-evefly-burdenseme Te4he-ex4ent-that-this-Request-fer-Predetien-is-not-speeifieally-limited-te-en1y-these deetimecits-related-te-iny-fmarieiel-fiet-weFthr -reduction is-neither calculated 14. Your accounts receivable ledger or other company records which sets forth the names and addresses of all persons or business enterprises that are indebted to you and the amounts and terms of such indebtedness. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "c[T]he act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. Thi-s-Requesf-for-Productien-requests-infeenatien-that-is-subject-te-the-privarry-fights-ef third-pafties-thretighartrIr§-12-ig-the-Fierida-Gensiiffitieff, Furthormore, any ouch documents may bo subject to work product privilege, Aeeountant/C-lient-Ppivfieger andkr--Allerney/C-lient-PFivileget Depeding-upen-the-tioeumentr the-doeumefits-respeiisive-te-this-Request-fer--Prethietien may-be-the-subjeets-ef--and-subjeet-te-eeFtain-and-vapieus-c-eafidentiality-agreements andier--ebligatiens-that-may-have-been-emeced-inte-between-third-pafties-and-myself-er my-enfitiessueli-that-diselesure-ef--same-is-pr-ehibited, To-the-ettent-that-this-Request-fer-Preduetien-requests-the-riames-and-addresses-efall peons or business enterises," this Request for Production is not relevant to the issue ef-my-eurcent-finansial-nef-wecth, Fai4heimer-e—this-Request-fec-Preduefion-is-inaFtfulty-drafied-sush-that-1-an4-unable-te formulate-a-respefis iteether--eempany-reeer-ds laeks-speeifieity-as-te-theethef ceserdsand-elafity-as-te-theeenipanyte-whieh-the-Request-refers 10 EFTA01085275 15. Copies of the partnership or corporate Income Tax Returns for any partnership or corporation in which you do possess or have possessed any ownership interest of 10% or more whether as partner, joint venture, stockholder or otherwise, for the last five (5) years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "c[T]he act of production itself may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This-Request-fer--Predttetien-is-nef-relevam-and-aot-I.ikely-te-lead-te-the-diseevefy-ef admissible evidence regarding my current financial net worth. This Request for Preduetien-is-everbread-in-linte-frameFer-fhese-enfities-in-whieh-l-ne-longer-peseesses nterestr if--any-existr these-cequested-tax—fettwas-aFe-iffelevant-te-my-ftnelneiel-net weFthr as any increace or deereace in his income an the moult of the termination of my ifweivemenf-irt-same-is-refleeted-in-ether--deeements-that-have-been-the-sebjeet-ef--this Request for Production. Sec Lane v. Capital Acquisitions, 242 F.R.D. 667 (S.D. Fla. 2005). TONJA. I AM ALSO UNCLEAR AS TO WHAT TIIIS REOUEST IS ASKING FOR IT ASKS FOR PARTNERSHIP OR CORPORATE INCOME TAX RETURNS BUT DOES NOT SAY FOR WHAT PERIOD. THE FIVE YEARS REFERS-TO-THE-TIME-PERIeD4N-WHIG14-4E-POSSESSED-A14-QWNERS441P INTEREST NOT THE YEARS OF THE RETURN, I THINK. SO THIS COULD MEAN-ALL-GORPGRATE-OR-PARTNERSHIP--INGQME-TaX-RETURNS-EVER FILED FOR ANY ENTITY JE HAD AN INTEREST IN AT ANY TIME DURING THE PAST FIVE YEARS SO I WONDER IF YOU SHOULD ADD THAT THE DR:AFTR4G-48-INARTFUL-AND-MAKES-IT-HNBIrEAR-WMAT-IS-BEINQ REQUESTED. Additienallyr this—Request—fec—Predustien—isr ther-efeceralse-evechfead-and-ever-ly 13uFdensecne-as-it-is-repetifteus-te-the-ex4ent-that-it-requests-desument-pcoduetion-ef infeenetien-that-is-the-subjeet-ef-Requests-fer--Preduetien-nesr*4-and-5, ri ghts -third paFtiesr these-third-pafties-enjey-a-fight-te-privaey-under-A14-1r §-14-4-the-Fierida Genstinfitiour and-priwiding-the-infematien-weeld-ktielate-that-Fight= 16. The title certificates, registration certificates, bills of sale, and other evidences of ownership possessed by you or held for your beneficial interest with respect to any of 11 EFTA01085276 the following described property owned by you or held directly or indirectly for your beneficial interest: a. Motor vehicles of any type; b. Commercial, business or construction equipment of any type; and c. Boats, launches, cruisers, planes, or other vessels of any type. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "'Mlle act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This-Request-fer-Preduefien-is-vague-and-iftertfullttlrafted-sueh-that-l-eannef-pessibly eFaft-a-prepec-cespense-theceterTe-the-ement-that-this-Request-fer--Precktetion-requests documcnta relating to thoce li tcd itemc in cub points a through e that are held for my bertefieial-intereet ted-fer-whieh-1-de-ctot-held-legal-titler sueh-a-Request-is evethreadynet-relevantr and-not-likely-te-lead-te-the-d -admissible-evidenee, PuFthepmer-er te-the-extent-that-this-Request-fec-Preduetien-requires-the-diselesure-ef incepniation-related-te-thifd-paniesr they-aFe-preteeted-frecn-mieh-disc-lesure-under-Aft-17 H-2-ef-the-Reritia-Gensfitulietk 17. All records pertaining to the transfer of any money or property interests or financial interests made by you in the past 5 years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This Request for Production is ovcthroad ac to the five year request. Sec Lane v. Capliel-Aequitcatiompr 242-FATD,667-6S4),F4a,200-5*--This-Request-fer-Pfeektetieft-is 12 EFTA01085277 likevAse-vague-and-inaetcully-deafted-suell-that-I-eannef-eraft-a-prepee-respense-therete, Fuetheerdepending-upen-the-deeumen4s-seughfrsueh-deeuments-may-be-subjeet-te-week preduet-privileger Atteme,,1C14nt-peivileger Aec-euntant/Glient-pee4legerand ,,..,.thee partys-right-te-privaerunder-Art-l §-1-2-ef--the-Rerie12/ -C-ettseitution, To the extcnt that is Rcguest for Production requests "all rccords" for thc transfer of any-Fueckey-Or-peepeety-inteeestethis-eequest-is-eveekeadr ever4y-buedefvaemerand vague, Te-the-eMen4-that-this-Request-fec-Preduetien-inveives-the- s-ef-third paeties-these-thir-d-paFties-enjey-a-right-te-pFivaey-under--A+t-1-§42-ef--the-Fler-Wa GOM94iitifien—end-pfeviding-the-infemlittien-weeki-vielate4hat-righiTe-the-extent-that this—R-equest—fer—PFeduetien—reguires—the—diselesefe—of—doeuments—in—vielatien—ef eenfidentiatitrubligatiens-te-third-parties—l-ebjeet-te-it-as-well, 18. Any and all memoranda and/or bills evidencing the amount and terms of all of your current debts and obligations. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. Te-the-extent-that-this-Request-fee-Preduetien-requires-the-dieelesuee-ef—finaneial infeeniatien-regarding-third-paetiesr these4Ohied-paaies=eight-terivaey-is-preteeted-by Aft-Ir §-12-ef-the-Fieriderrenstitutien, Funhermorc, this Rcquest for Production rcguects documents that may be subject to eonfidcntiality agreements and!or-ebligations that may have been entcrcd into by and between third paet i cs and myscl f or my entities such that dicelosurc is prohibited Fuether—elepending-upen-the-deeumen4s-seugh‘—sueh-deeueents-may-be-subjeet-te-week predust-pri*ilege—Aftemey/Glient-pei*ftege—Aec-euntantIGlient-peivilege—and-anether pertyze-eighf-te-peivaerundee-Aft k§-1-2 ofAhe-Fieritia-Gettsfittilien, Te4he-ement-that4his-Request-fee-Preduetien-laeks-speeifieityr it-is-vaguer net-relevant and-net-designed-te4ead-te-the-diseevefy-ef-admissible-evidenee: 13 EFTA01085278 19. All records indicating any and all income and benefits received by you from any and all sources for the past 5 years. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This Request for Production is overbroad as to the five year request. Scc Lane v. This—Request—fer—Produetien—is—everbreati—in—fiesperand—repetitive—ef—Request—Fef Preduc-fien-cke,2rAeeer-dinglyr te-the-ex4ent-that-I-ani-able-te-pcovide-a-respense-te-this Requestr said-maspense-has-already-been-previded, Te—the—ex-tent—that—this-Request-fer—Preduction-invelves-the-privasy-fights-ef--third parties-these-third-parties-efijey-a-right-te-priveerunder-Art-1—§-1.2-a-the-Fleriela Geffealiffite-infermatien-would-vieleaht,Te-the-ement-that thi:: Rcgue::t for Production requires the dicelosure of documents in violation of eonfidentialt flies-I object to it as-well: FiighefFROfertkis-Request-fer-Produetien-Fequests-desuments-that-Frkay-be-subjest-te confidentiality agreements and'or obligationo that may have been entered into by and between third panics and myself or my entities such that dicelosurc is prohibited. 20. Copies of any and all brokerage account statements or securities owned by you individually, jointly with any person or entity or as trustee, guardian or custodian, for the past 5 years, including in such records date of purchase and amounts paid for such securities, and certificates of any such securities. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "'Mlle act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot 14 EFTA01085279 provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This-Request-for-Preduetietris-everbread-its-te-the-free-year-request=8ee-harte-tt Capital Acquisitions, 212 F.R.D. 667 (S.D. Fla. 2005). Additienallyr this-Request-fec-Preduefien-is-ickaftfully-dralled-sueh-thift-1-eannet formulate-a-pceper-FespenseT This-Request-fec-Prethiefien-is-net-relevan4-and-ckellikely-te-lead-te-the-diseevepy-ef admissible-evidence te-wit assureing-1-was-a-tfusteer guardian-er-eustedian-ef-any etteh-ftiffingiblesr l-‘vettld-ctiefely-held-legal-tide-and-would-net-pessess-a-benefieiel imeFest-in4he-asset, Additienallyr this-Request-fer--Preatefien-is-prehibited-froca-diseevey-as-pfeduetien-ef these-requested-desunients-will-vielate4he-benefirriapyls-rights-te-p4vasy-as-guaranteed by-the-Fler-ide-C-enstitutien-in-AFtiele-1H-2,-This-right-teriviteralse-applies-te-any party with whom I may jointly own any such intorect. To the extent that this Rcpuest Preduefien—requires—the—diselesure—ef—deeumentq—in—vielatien—ef—eenfidentiality ebligatiens-te-third-parties—l-objeet-te-4-as-well, Furthermorc, to the extent that the purchase price is inelevant to my financial net worth at-this-iimerthis-Request-is-net-relevffiti-and-net-designed-te-leedie-the-diseevefref admissible-evidence: This-Request-fer-Preduetien-is-ever-bead-sinee-a-requeste-deetwnents-that-are-net relevant to the issue of financial net worth for the pu oses of punitive damagec. Finagyr te-the-ement-that-this-Request-fer--Prodastien-requests-duplisative-doeuments; irerball-breker-age-statements-and-the-suppepting-steek-efftificatesr this-Request-fec Pr-eduetien-is-ewer-ly-bur-dengenie, 21. All records pertaining to the acquisition, transfer and sale of all securities by you or on your behalf for the past 5 years, such records to include any and all information relative to gains or losses realized from transactions involving such securities. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition 15 EFTA01085280 without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. To the extent that this Rcgucst for Production is duplicativc of-Request-fer-PFeklustien nor207 this-Request-for-Preduetion-is-everlt&urderkseme-The-infofmatien-responsive te4his-Request-weuld-necessaFity-be-inelucled-en-the-hr-eker-age-statements-fec-the-same time-periedrAll-ebjeetiens—freFn—Request-fer—Preiluetien-ner rated referenee-herein, This-Request-fef-Pretketien-is-alse-everbfead-as-te-the-five-year-periedrand-as-stieh-1 asseft-the-same-ebjeetien-as-abeverThis-Reqwest-fer--Prethic-tion-seeks-infeenatioll-that is nether relevant ♦e ner likely to lead to the disc overy o0 ad m i t; ible ev:denee i.. that :t seeks historical financial information that has no relevance to my current financial nct worth. See Lane r Capital Acquisitions, 242 F.R.D. 667 (S.D. Fla. 2005). Te-the-ement-that-any-respense-te-this-request-is-waFrantedr any-sush-transaetiens-aFe ific-kfileel-in-the-respenses-te4equests-fer-PFeklustien-nor2-and-3-abeve, Te-the-ement-that-this—Request—fer—Preductien—invelves-the-privaefrpights-ef--thiml panies-these-third-parties-enjey-a-right-te-privaerunder-Af4-1—scr1-2-eF-the-Fleriela Gemtitution-and-previding-the-infennatien-wetild-vielate-that-right,Te-the-setent-that this—Request—for—Production—requires—the—disele4uce—ef —documents—in—violation—el eenfidemittlify-ebligafiens-te-third-parties—I-ehjeet-te-it-es-well: 22. All policies of insurance in which you or any entity controlled by you is the owner or beneficiary. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). "`[The act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. lead evideckee-and-is-net-relevafit-te-the-isstfe-efiny-finafteittl-net-wefthr as-any-instwafiee peliey-en-whish-1-ani-the-henefieiapfris-an-unrealizeel-asset-that-is-net-paFt-ef-myresen4 nef-wefthr whish-is-the-issue-at-hand7 16 EFTA01085281 PuFthermefer the-pelley; production of samo will violate the righth to financial privacy of the beneficiary as . 23. Copies of any and all trust agreements in which you are the settlor or beneficiary together with such documents necessary and sufficient to identify the nature and current value of the trust res. ANSWER: Objection. This Request for Production requires the identification of the existence of detailed financial information which communicates statements of fact. Fisher v. United States, 425 U.S. 391, 410 (1976). m[T]he act of production itself' may implicitly communicate "statements of fact" that are testimonial in nature. United States v. Hubbell, 530 U.S. 27, 35-36 (2000). I have a substantial and reasonable basis for concern that these statements of fact that are testimonial in nature could reasonably furnish a "link in the chain of evidence" that could be used to prosecute me in future criminal proceedings. See Hoffman v. United States, 341 U.S. 479, 486 (1951). I cannot provide answers/responses to questions relating to my financial history and condition without waiving my Fifth, Sixth and Fourteenth Amendment rights as guaranteed by the United States Constitution. This-Request-fec-Rredaetien-is-nehhef-relevant-ilef-tikely4e4ead4e4he-diseeveg,-ef admissib.le-e.Adenee-sinee4fust-FeS4s-nef-relevant4e4he-issue-ef-myliFesett-finaneia4 Fief-wenh4ef4he-puFpeses-ef-penitive-demages, Furthetmererthe-request-fof-all-s.upperting-deeumentafien-is-everly-burdenseme-a.s dEafied-and-..,.ague-as4e4he4dentit5,-ef-same: The-deeuments-respensive-te4his-Request-fec-Preduetienr te-the-ex4enf4hat-any-stfeh dec-uments-eiistr seuld-be-preteeted-by-,,,ierle-preduet-ppi.4leger Afterne5</Qient privileger EffifY0E-Aeeeuntaft6Client-pli*ilege,4s-suellini-te-the-efteet-that-this Request—seeks—infermatien—eliat—is—eovered—by—the—lvVerit—predliet—rivilegt Aeeeuntaa4Glient-an tterneyi-Ctimt-p4vileger said ineluding-these-previded-fer-inW ef-the-Flepida4taPites: The valuation of certain assets us proprietary information that falls within the definition ef-trade-seeret-as-deftned-b),-§688,00a(4}ef4he-