EFTA01246415.pdf

U.S. Department ofJustice United States Attorney Southern District ofFlorida 500 South Australian Ave, Suite 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: (56!) 820-8777 September 2, 2008 NOTIFICATION OF IDENTIFIED VICTIM NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. 3501.112-014 Page I of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00092390 EFTA01246415  U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave.. Suite 400 West Palm Reach FL 3340! (561)8204711 Facsimile: (561) 8204777 September 2, 2008 VIA UNITED STATES MAIL 11322 62nd Lane North West Palm Beach, FL 33412 Re: JeffreEsteir y pMIIMMIMISIENDED NOTIFICATION OF IDE TIFIED VICTIM Dear Ms. Henderson: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida provides you with the following amended notice. Some of the information contained in the July 21, 2008 letter to you was inaccurate, so please take note of the following changes. As you were previously advised, on June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement ofminors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf- 009454AXXXM13 and 2008-cf-00938IMOCXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions, including the following: I. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims, including you, in 3501.112-014 Page 2 of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00092391 EFTA01246416  MS. ICARA HENDERSON AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2, 2008 PAGE 2 OF 3 connection with civil actions between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. You are not obligated to use Mr. Josefsberg as your civil attorney, but, as explained in greater detail below, Mr. Josefsberg's services will be provided at no cost to you because Mr. Epstein is obligated to pay the costs and fees of the attorney-representative. Also, Mr. Epstein and his attorneys can only contact you via Mr. Josefsberg, assuming that you would like Mr. Josefsberg to serve as your attorney. 2. If you elect to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr.Epstein will not contest the jurisdiction of the United States District Court for the Southern District ofFlorida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between you and Mr. Epstein, so long as you elect to proceed exclusively under 18 U.S.C. § 2255, and you waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above, Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, you and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 U.S.C. § nss or you elect to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255, shall cease. Mr. Josefsberg will be contacting you within the next two weeks to explain these terms. If you would like to contact Mr. Josefsberg directly, he can be reached at 305 358- 2800. 3501.112-014 Page 3 of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00092392 EFTA01246417  MS. KARA HENDERSON AMENDED NOTIFICATION OF IDENTIFIED VICTIM SEPTEMBER 2,2008 PAGE 3 OF 3 If you have already selected other counsel to represent you, or if you do so in the future, and you decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you have your attorney contact Mr. Goldberger at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. In addition, there has been litigation between the United States and two other victims regarding the disclosure of the entire agreement between the United States and Mr. Epstein. Mr. Josefsberg can provide further guidance on this issue, or if you select another attorney to represent you, that attorney can review the Court's order in the matter ofIn re Jane Does I and 2, S.D. Fl. Court File No. 08-80736-CIV-MARRA. As I stated in my earlier notification, please understand that neither the Attorney's Office nor the Federal Bureau ofInvestigation can take part in or otherwise assist in civil litigation, but we again thank you for all of your assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT U.S. ATTORNEY cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. 3501.112-014 Page 4 of 4 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00092393 EFTA01246418