EFTA00128674.pdf

• U.S. Department of Justice Federal Bureau of Investigation 16320 N.W. 2nd Avenue In Reply, Please Refer to North Miami Beach, Florida 33169 Pile No. October 20, 2009 Seth Lehrman, Esquire Rothstein Rosenfeldt, Adler Fort Lauderdale, FL 33301 Re: Jane Doe v. Jeffre stein Case No: 08-8089 IN/ Dear Mr. Lehrman: We are in receipt of your subpoena in the above referenced civil action, received by this office on October 16, 2009. Please be advised that the FBI response to this subpoena is governed by the provisions of Title 28, Code of Federal Regulations (CFR), Section 16.21 et seq. and the Privacy Act (Title 5, United States Code, Section 552a). These regulations specify that no employee of the Department of Justice, past or present, shall in response to a demand, produce or disclose information unless there is compliance with the applicable provisions. The procedure is mandatory and governs state and federal proceedings and has been upheld in the United States Supreme Court. See U.S. ex rel, Touhv v. Ragen, 340 U.S. 462 (1951). To obtain FBI investigative information, the party making the request must provide to this office an affidavit, or statement which describes the nature of the litigation. To comply with the CFR, the statement should explain the specific information requested and its relevance to the proceedings. If testimony is being sought, then scope of that testimony should be explained. In accordance with these regulations, before any information from FBI files may be released, we must receive and have the opportunity to review you CFR statement. In addition, the Privacy Act (Title 5, U.S.C., Section 522a(b), prohibits the release of agency records pertaining to an individual, or information from those records, for a non-law enforcement purpose. The FBI may not disclose this information without the notarized written consent of each record subject, or an Order from a court of competent jurisdiction authorizing its disclosure by the FBI. In the absence of compliance with the CFR, and either the notarized consent of each record subject or an appropriate court order authorizing disclosure, we are statutorily prohibited from testimony or releasing any records to you. Please take this into consideration, as your deposition may have to be postponed. N0 Ca (Cal\APLIckmva Enclosure vto veo.40- Di 62F-MM-A96023-B tjmooRed agsbinoi. Le+ EFTA00128674  • A sample Privacy Act Order is enclosed to assist you in the draft. If your motion is granted, provide the Order along with your CFR compliance to this office. If you are providing the notarized consent forms in lieu of the court order, enclose them along with your CFR compliance. You ma direct your correspondence to the attention of Paralegal Specialist , at the above address. In accordance with the above cited law and regu ations, we must receive your CFR compliance and the notarized consent or court order before any documents may be released to you. If ou have an questions or require further assistance, please contact Very Truly Yours, By: Chief Division Counsel 2* EFTA00128675  11/13/09 View Case ICVCM002 10:50:44 Page 1 of 3 view case, then press Enter Case ID • 31E-MM-108062 Class • 031 E WSTA-CHILD PROSTITUTION Status 'P PENDING Squad ' PB2 PB2 Source ' 11 OTHER Case Type Opened • 07/25/2006 Identity Theft . . : N Title EPSTEIN, JEFFREY eacIP_Aoy—t: Summary 1 Command > F1=Help,F3=Exit,F4=Prompt,F6=multv,F7=Bkwd,F8=Fwd,P11=NextPg,F12.cancel F13=ListSerial 4A0 03,074 EFTA00128676  • • AO SSA (Rev. 01109) Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida Jane Doe ) Pfainre ) v. ) Civil Action No. 08-80893CIV-MARRA/JOHNSO Jeffrey Epstein ) ) (If the action is pending in another district, state where: Ph Defendant ) ea —liri SUBPOENA TO TESTIFY AT A DEPOSITION ‘ 0\4°CC OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION \-1V.., Ciat - To: Records Custodian Fedeal Bureau Invests ato C/O rth Miami Beach, FL 33169 O Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment: Place:11W Reporters, Date and Time: Miami, FL 331 11/09120091:00 em The deposition will be recorded by this method: Recorded ref Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: Provide any and all evidence involving the Jeffrey Epstein investigation obtained by the FBI or taken from the Palm Beach Police Department and the Palm Beach County Sheriffs Office to include all videos, compact discs, DVD's, photographs, documentary evidence and any other evidence that the FBI seized from the Palm Beach P.D.or in any way relating to any investigation of Jeffrey Epstein The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject t bpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential co doing so, are attached. Date: OCIAM i -C 74b1 CLERK OF COURT OR Signature ofClerk or Deputy Clerk Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (name ofparty) Jane Doe Sia41A.) 014 (inth , who issues or requests this subpoena, are: Brad Edwards, Rothstein Rosenfeldt Adler, Suite 1650, 401 E. Las Olas Blvd. Fort Lauderdale, FL 33301. 954 522 3456. [email protected]. EFTA00128677  • • AO SSA (Rev. 01/09) Subpoena toTestify at a Deposition or to Produce Documents in a Civil Action (Page 2) Civil Action No. 08-80893CIV-MARRAMONNSO PROOF OF SERVICE (This section shouldnot befiled with the court unless required by Fed. R. Civ. P. 45) This subpoena for (name of individual and title, ifany) was received by me on (date) O I personally served the subpoena on the individual at (place) on (dale) ; or O I left the subpoena at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or O I served the subpoena on (name of , who is designated by law to accept service of process on behalf of (name oforganization) on (date) ; or O I returned the subpoena unexecuted because ; or O Other (spec((,): Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of My fees arc $ for travel and $ for services, for a total of 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Printedname and title Server's address Additional information regarding attempted service, etc: EFTA00128678  AO 8SA (Rev. 01/09) Subpoena toTestily at a Deposition or to Produce Documents in a Civil Action (Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (e) Protecting a Person Subject to a Subpoena. (d) Duties in Responding to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or (1) Producing Documents or Electronically Stored Information. attorney responsible for issuing and serving a subpoena must take These procedures apply to producing documents or electronically reasonable steps to avoid imposing undue burden or expense on a stored information: person subject to the subpoena. The issuing court must enforce this (A) Documents. A person responding to a subpoena to produce duty and impose an appropriate sanction —which may include lost documents must produce them as they are kept in the ordinary earnings and reasonable attorney's fees — on a party or attorney course of business or must organize and label them to correspond to who fails to comply. the categories in the demand. (2) Command to Produce Materials or Permit Inspection. (B) Form for Producing Electronically Stored Information Not (A) Appearance Not Required A person commanded to produce Specified. If a subpoena does not specify a form for producing documents, electronically stored information, or tangible things, or electronically stored information, the person responding must to permit the inspection of premises, need not appear in person at the produce it in a form or forms in which it is ordinarily maintained or place of production or inspection unless also commanded to appear in a reasonably usable form or forms. for a deposition, hearing, or trial. (C) Electronically Stored Information Produced in Only One (B) Objections. A person commanded to produce documents or Form. The person responding need not produce the same tangible things or to permit inspection may serve on the party or electronically stored information in more than one form. attorney designated in the subpoena a written objection to (D) Inaccessible Electronically Stored Information. The person inspecting, copying, testing or sampling any or all of the materials or responding need not provide discovery of electronically stored to inspecting the premises — or to producing electronically stored information from sources that the person identifies as not reasonably information in the form or forms requested. The objection must be accessible because of undue burden or cost. On motion to compel served before the earlier of the time specified for compliance or 14 discovery or for a protective order, the person responding must show days after the subpoena is served. If an objection is made, the that the information is not reasonably accessible because of undue following rules apply: burden or cost. If that showing is made, the court may nonetheless p) At any time, on notice to the commanded person, the serving order discovery from such sources if the requesting party shows party may move the issuing court for an order compelling production good cause, considering the limitations of Rule 26(b)(2)(C). The or inspection. court may specify conditions for the discovery. (ii) These acts may be required only as directed in the order, and (2) Claiming Privilege or Protection the order must protect a person who is neither a party nor a party's (A) Information Withheld A person withholding subpoenaed officer from significant expense resulting from compliance. information under a claim that it is privileged or subject to (3) Quashing or Modifying a Subpoena. protection as trial•preparation material must: (A) When Required. On timely motion, the issuing court must (i) expressly make the claim; and quash or modify a subpoena that: (ii) describe the nature of the withheld documents, (i) fails to allow a reasonable time to comply; communications, or tangible things in a manner that, without (i) requires a person who is neither a party nor a party's officer revealing information itself privileged or protected, will enable the to travel more than 100 miles from where that person resides, is parties to assess the claim. employed, or regularly transacts business in person — except that, (B) Information Produced. If information produced in response to a subject to Rule 45(c)(3XBXiii), the person may be commanded to subpoena is subject to a claim of privilege or of protection as trial- attend a trial by traveling from any such place within the state where preparation material, the person making the claim may notify any the trial is held; party that received the information of the claim and the basis for it. (lip requires disclosure of privileged or other protected matter, if After being notified, a party must promptly return, sequester, or no exception or waiver applies; or destroy the specified information and any copies it has; must not use (iv) subjects a person to undue burden. or disclose the information until the claim is resolved; must take (B) When Permitted To protect a person subject to or affected by reasonable steps to retrieve the information if the party disclosed it a subpoena, the issuing court may, on motion, quash or modify the before being notified; and may promptly present the information to subpoena if it requires: the court under seal for a determination of the claim. The person () disclosing a trade secret or other confidential research, who produced the information must preserve the information until development, or commercial information; the claim is resolved. (if) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from (e) Contempt. The issuing court may hold in contempt a person the expert's study that was not requested by a party; or who, having been served, fails without adequate excuse to obey the (iii) a person who is neither a party nor a party's officer to incur subpoena. A nonparty's failure to obey must be excused if the substantial expense to travel more than 100 miles to attend trial. subpoena purports to require the nonparty to attend or produce at a (C) Specking Conditions as an Alternative. In the circumstances place outside the limits of Rule 45(c)(3)(AXii). described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated. EFTA00128679