EFTA00179234.pdf

j. .3 cArykyakvirs +Ira vita faket worts c0,64,-.0, uoet err- u3o-c• O. A c 14/ \. still 1fnQ afiThrlA it In In 41/V, fi re c C U-4O4.A3)n or SCOYCIA OC(_u l'rCcX LLWC CX kACW0V MaOO Iff_A runirovrat EFTA00179234 (D(-atm' Gissed o&f cf evooLcierevt_ priv ppoxv -oh-o vtans hac A by -unit-de -449ihr4 ir cf- ant- CZ) OV1 —Ft? pe-e-S Ovt- p(49 * 14/-A-Ch OA_ U-ivie04i Eli S-lavaD Lfrl chdel ct pc:yrs-4.r\ cpyrsLi ty,, +Pk Perk+34Ault —kavcwok-it) scueyti blow( CDPA , 4ivr 144" Bieraic 4 ,.0aGoett,6v) t;ni ir/a) pants -conipu7-tretckignAtoAf Orerato 1 ant 2) -off Wen 1^)hO Off of ittrOX- ht6/& (2r1Wier fik. 1 40 2 00P1 alai) ad- oF ppooLuctaA pp-A(/1(9e conk 0410DO-)4thbo oc- 14-ews gra* ifi-V st(Werakot kZr EFTA00179235 . Dee, 41161,- aitp.ty. ? pviviltf -Pettey, V Mk. ()(. F. 2_ GO, 0+ 4-k icitr7 privile/ va4c -ff". c14/110,T,Ly &Leo, ec.rv,m),Lk,r-o-Poo, no-F _ ' (004- (cifirl U,19A&K, , (44(i (AS uvor14/- pc)\-..kt - Navi,/ clo a 60.v 1, it\s, .e.44-XL.6.1; • o. 4,4. c can Corp • v. k." F. 2a, (053 , 1, CM" Civ . 6/Kakc", EFTA00179236  RETURN OF SERVICE' RECEIVED DATE PLACE BY SERVER Oriailerf Wea l A./... to.-4'4 ? — e__ d.-- SERVED DATE orA)1207, PLACE ariata 4, c1 SERVED ON (NAME) Paw / 4. Lavery SERVED BY TITLE F•S 1 s-4 STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVICE' I declare under penalty of perjury under the laws of the United States of America that the foregoing Information contained in the Return of Service and Statement of Service Fees is true and correct Executed on Ort flAn 7 0 TE pi lure of Server ___ 6440 Art Address of Server ADDITIONAL INFORMATION 1.As to who may serve a subpoena and the manner of Its service see Rule 17(d). Federal Rules of Criminal Procedure, or Rule 45(e), Federal Rules of Civil Procedure. 2."Fees and mileage need not be tendered to the witness upon service of a subpoena issued on behalf of the United States or an officer or agency thereof (Rule 45(e), Federal Rules of Civil Procedure; Rule 17(d). Federal Rules of Criminal Procedure) or on behalf of certain indigent parties and criminal defendants who are unable to pay such costs (28 USC 1825, Rule 17(b) Federal Rules of Criminal Procedure)" EFTA00179237  U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 June 6, 2007 VIA FACSIMILE Robert I. Targ, Esq. Din Reus Rolff & Targ LLP 100 S.E. Second Street, Suite 2600 Miami, FL 33131 Re: Subpoena to Paul Lavery Dear Mr. Targ: Thank you for your letter of June 4, 2007. Following receipt of your letter, I conducted some additional research regarding your blanket assertion of the attorney-client and work product privileges prior to the appearance before the grand jury. My research shows that the person asserting the privilege bears the burden of establishing its applicability. See, e.g., United States v. Schaltenbrand, 930 F.2d 1554 (11th Cir. 1991); United States v. Muiloz, 233 F.3d 1117 (9th Cir. 2000); Hawkins v. Stables, 148 F.3d 379 (4th Cir. 1998); Motley v. Marathon Oil Co., 71 F.3d 1547 (10th Cir. 1995); Christman v. Brauvin Realty Advisors, Inc., 185 F.R.D. 251 (N.D. Ill. 1999). Furthermore, blanket assertions are not proper, and the assertion must be made on a question-by-question and document-by- document basis. See, e.g., Nguyen v. Excel Corp., 197 F.3d 200 (5th Cir. 1999); Clarke v. American Commerce Nat Bank 974 F.2d 127 (9th Cir. 1992); United States v. White, 950 F.2d 426, 430 (7th Cir. 1991). I do not intend to ask questions that fall within these privileges and the documents requested also do not fall within either of these privileges. Accordingly, I have enclosed a revised grand jury subpoena that provides, in greater detail, the list of documents requested. I have asked for Mr. Lavery to appear on June 19, 2006, so that, if you believe that you have a basis for a pre-appearance motion for protective order or motion to quash, you will have time to prepare and file that motion. In case you decide to file such a motion, United States District Judge Middlebrooks is assigned to handle EFTA00179238 ROBERT L TARO, ESQ. JUNE 6, 2007 PAGE 2 OF 2 matters related to the relevant grand jury. Pursuant to Fed. R. Crim. P. 6(e)(6), any such motion must be filed under seal. If you elect not to file such a motion, I will expect Mr. Lavery's a earance before the grand jury on June 19, 2006. Please contact myself or Special Agent on June 18, 2006, to confirm the time for appearance. If a motion is not filed and Mt Lavery does not appear, I will proceed in accordance with Fed. R. Crim. P. 17(g). If you have any questions, please do not hesitate to call me. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: I I FBI (with enclosure) EFTA00179239  RETURN OF SERVICE' RECEIVED BY SERVER DATE( / 07 PLACE usit o --(496 SERVED DATE VC"7 PLACE (AS40 -1,096 Via raig. -k koicertTafry SERVED ON (NAME) Rd2R.44 I. Ta.0-71 Esg . SERVED BY TITLE A Gcs/i STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVICE' I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on lita fi n DATE Signature of Server a .5 . Nitfrnyld on , liti, P0L/in, 1 ecA , R._ Address of Server ADDITIONAL INFORMATION survect vie, ca,c44:ntAit on eAm,,,,,i pv,„ -0,4... attptiatina_QA pa,-,41 4 1.As to who may serve a subpoena and the manner of its service see Rule 17(d). Federal Rules of Criminal Procedure, or Rule 45(c), Federal Rules of Civil Procedure. 2."Fees and mileage need not be tendered to the witness upon service of a subpoena Issued on behalf of the United States or an officer or agency thereof (Rule 45(c), Federal Rules of Civil Procedure; Rule 17(d), Federal Rules of Criminal Procedure) or on behalf of certain indigent parties and criminal defendants who are unable to pay such costs (28 USC 1825, Rule 17(b) Federal Rules of Criminal Procedure)" EFTA00179240  ATTACHMENT A SUBPOENA TO PAUL A.LAVERY 1. All computer equipment and electronic storage media removed from the residence located at 358 El Brillo Way, Palm Beach, Florida, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 2. All computer equipment and electronic storage media that currently belongs to, or has ever belonged to, Jeffrey Epstein, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 3. All documents and information related to the nature of the relationship between Mr. Paul A. Lavery and/or Paul A. Lavery and Associates Investigative Services, Inc. and Mr. Jeffrey Epstein, including, but not limited to, retainer agreements; employment agreements; billing statements (whether submitted directly to Mr. Epstein or to a third party for reimbursement); records of the dates when services were performed and the hours worked; telephone logs or records of dates of communications with Mr. Epstein (or with a third party on Mr. Epstein's behalf); appointment calendars/datebooks and the like (whether in hard copy or electronic form) for any period when work was performed on behalf of Mr. Epstein or when any communication was had with Mr. Epstein (or with a third party on Mr. Epstein's behalf); and records of fee arrangements and payments received for work performed on Mr. Epstein's behalf. EFTA00179241 08/00/2007 18:09 FAX 5818021787 USA0 WPB EL Qool *8******************* *s* TX REPORT *** ***************tss*** TRANSMISSION OK TX/RX NO 4844 CONNECTION TEL 13053758050 SUBADDRESS CONNECTION ID ST. TIME 06/08 19:08 USAGE T 00'43 PGS. SENT 5 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 lb Florida 33401 Facsimile FACSIMILE COVER SHEET TO: ROBERT I. TARO, ESQ. DATE: June 6, 2007 FAX NO. # OF PAGES: 5 PHONE NO. RE: PAUL A. LAVERY FROM: ASSISTANT U.S. ATTORNEY PHONE NO. COMMENTS: EFTA00179242  U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave, Suite 400 h, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: ROBERT I. TARG, ESO. DATE: June 6, 2007 FAX NO. # OF PAGES: 5 PHONE NO. RE: PAUL A. LAVERY FROM: ASSISTANT U.S. ATTORNEY PHONE NO. COMMENTS: EFTA00179243  United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Paul A. Lavery, in his individual SUBPOENA TO TESTIFY capacity and as custodian of records for Paul A. Lavery and Associates BEFORE GRAND JURY Investigative Services, Inc. FGJ 05-02(WPB)-Fri./No. OLY-49/2 5325 West 20th Lane Hialeah, FL 33016 SUBPOENA FOR: PERSON DOCUMENTS OR OBJECT[S] YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury ofthe United States District Court at the place, date and time specified below. PLACE: ROOM: United States District Courthouse Grand Jury Room 701 Clematis Street West Palm Beach, Florida 33401 DATE AND TIME: June 19, 2007 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): THE DOCUMENTS AND OBJECTS LISTED ON ATTACHMENT A. •Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance with S/A Federal Bureau ofInvestigation, Telephone: This subpoena shall remain in effect until you arc granted leave to depart by the court or by an officer acting on behalf of the court. This subpoena is issued upon application Name, Address and Phone Number of Assistant U.S. Attorney of the United States of America Assistant U.S. Attorney 500 So. AustralianAvenue, Suite 400 West Palm Beach FL 33401-6235 Tel: Fax: *If nol applicable. oiler "none." Tote uscd is las of A0110 FORM ORD-227 JAN.86 EFTA00179244  RETURN OF SERVICE' 1 RECEIVED DATE C.4/ 0 7 PLACE ttsil 0 -wee BY SERVER SERVED DATE 447 7 PLACE (A.Sr4 0 - 1.1006 via. ick..14 / . 4-t. gjar .trafry SERVED ON (NAME) Rtthti4 I. Ta . An y 1 E.sg . SERVED BY TITLE A LAS'/ STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVICE2 I declare under penalty of perjury under the laws of the United States of America that the foregoing Information contained in the Return of Service and Statement of Swifts Fees Ls true and correct. Executed on tits fr./ DATE Signature of Server IP a ' 5 • ASeni2114 Address of Server O ih .ei i IA). eab eVb 8 CA 1 R. - ADDITIONAL INFORMATION surveot via. ra,c44:tonj--t o n CAAs e‘ae..) For te- suubpstmaAA pcu,74/ , 1.As to who may serve a subpoena and the manner of its service see Rule 17(d). Federal Rules of Criminal Procedure, or Rule 45(c), Federal Rules of Civil Procedure. 2."Fees and mileage need not be tendered to the witness upon service of a subpoena Issued on behalf of the United Status or an officer or agency thereof (Rule 45(c), Federal Rules of Civil Procedure; Rule 17(d), Federal Rules of Criminal Procedure) or on behalf of certain Indigent parties and criminal defendants who are unable to pay such costs (28 USC 1825, Rule 17(b) Federal Rules of Criminal Procedure)" EFTA00179245  ATTACHMENT A SUBPOENA TO PAUL A. LAVERY 1. All computer equipment and electronic storage media removed from the residence located at 358 El Brillo Way, Palm Beach, Florida, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Rums, DVDs, floppy diskettes, digital cameras, and memory cards. 2. All computer equipment and electronic storage media that currently belongs to, or has ever belonged to, Jeffrey Epstein, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 3. All documents and information related to the nature of the relationship between Mr. Paul A. Lavery and/or Paul A. Lavery and Associates Investigative Services, Inc. and Mr. Jeffrey Epstein, including, but not limited to, retainer agreements; employment agreements; billing statements (whether submitted directly to Mr. Epstein or to a third party for reimbursement); records of the dates when services were performed and the hours worked; telephone logs or records of dates of communications with Mr. Epstein (or with a third party on Mr. Epstein's behalf); appointment calendars/datebooks and the like (whether in hard copy or electronic form) for any period when work was performed on behalf of Mr. Epstein or when any communication was had with Mr. Epstein (or with a third party on Mr. Epstein's behalf); and records of fee arrangements and payments received for work performed on Mr. Epstein's behalf. EFTA00179246 OE :0 1 ' 15 :49 FAX OIAZ REUS ROLFF & TARG 12001/0(2 DIAZ R REUS ROLFF T T 3RNEYS A COUNSELORS TARG Y Aill GLOBAL EXPANSION TIAN TELEFAX TRANSMITTAL SHEET rid tTE: June 4, 2007 Esquire Assistant U.S. Attorney U.S. Attorney's Office F.I.X.: V ;231: Robert I. Targ gar Paul Lavery Federal Grand Jury Subpoena ESSAGE: Please see attached correspondence. 14 i umber of pages transmitted (including cover sheet): 2 I .44. 11 1 transmittal is intended only for the use of the addressee and may contain information that is privileged, confidential and tutrep-. from disclosure by law. If the reader of this transminal is not the intended recipient, you are hereby notified that any r I ;:aulnation, distribution or copying of this communication is strictly prohibited. If you have received this communication in er [lease notify us immediately by telephone and return the original transmittal to us by mall. Thank you fbr your potation. if 'wave not received a clear and le ible transmission or If there are any problems with this transmission, please is 'phone us immediately at 00 Southeast Second Street 2600 Bank of America Tower • Miami, Florida 33131 • www drrtlaw.com [email protected] Caracas, Venezuela EFTA00179247 OL If? '::49 FAX DIAZ REUS ROL FF & TARG Qb 002/0(2 '1'1I MIAMI OFFICE D 100 S. Second Scree Suite 2600 Ikit;-23S RoEFF Bank of America Towcr IID Mix 31.1.I.Sk I II &TARO TaIr Fax: Oh . 1.12 • www. sw.com . IS a COUNSELORS 1 .,) Meow June 4, 2007 Via Facsimile Esquire Assistant U.S. Attorney U.S. Attorney's Office 500 South Australian Avenue Suite 400 West Palm Beach, Florida 33401 Re: Paul Lavery Federal Grand Jury Subpoena Dear Ms. Villafara: This will confirm our telephone conversation of earlier today wherein I advised you that my client, Mr. Paul Lavery, would assert the privilege (both work product and attorney-client) on behalf of Mr. Jeffrey Epstein if called before the Grand Jury pursuant to the Grand Jury Subpoena issued on May 21, 2007. Based upon this confirming letter, if is my understanding that Mr. Lavery is excused from appearing before the Grand Jury tomorrow, June 5, 2007. Thank you for your professional courtesies in these regards. R 17eg cc:: Paul Lavery EFTA00179248  ATTACHMENT A SUBPOENA TO PAUL A. LAVERY All computer equipment and electronic storage media removed from the residence located at 358 El Brillo Way, Palm Beach, Florida, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 6. ! All computer equipment and electronic storage media that currently belongs to, or has ever belonged to, Jeffrey Epstein, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 3. All documents and information related to the nature of the relationship between Mr. William Riley and/or Riley Kiraly and e--M7% .) ffre EStan; including, but not limited to, agreements; employment agreements; bilIbirstappririts (Whether submitted di rectly1614r.-Efilein or to aThild patty foirefiriburircpent); records of the dates when services were performed and the hours worked; teleplithilltigs-orrecords of dates of cominunication? with IvrErifeiii-TOTWith .a third party on Mr. Epstein's behalf); appointnierit calendats/dateboolcs and the like (whether in hard copy or electronic form) for any period when work was performed on behalf of Mr. Epstein or when any communication was had with Mr. Epstein (or with a third party on Mr. Epstein's behalf); and records of fee arrangements and payments received for work performed on Mr. Epstein's behalf. EFTA00179249