EFTA00128680.pdf

r • Mermelstein & HorowitzpA attorneys at law Jessica D. Arbour Miami, Florida 33160 vwAv.sexabuseattorney.corn March 12, 2010 VIA PROCESS SERVER Federal Bureau of Investigation North Miami Beach, FL 33169 Re: Jane Does 2-7 v. Jeffrey stein To Whom It May Concern: Enclosed please find federal subpoenas for the sworn statements of several witnesses taken during the investigation of Jeffrey Edward Epstein between approximately 2006 and 2007. The statements we seek are those given to the FBI by our clients, each of whom has brought suit as a Jane Doe in the Southern District of Florida. The statements given to the FBI investigators are directly relevant because the FBI investigation concerned the factual allegations underlying our clients' claims in their lawsuits. It is my understanding that you will also require either a signed waiver from each of the women or a court order to release the information. I will move the court for an Order allowing you to release this information to me. If you need any further information, please do not hesitate to contact me. Thank you. Very truly yours, J ca D. Arbour JDAJ ....46441:3€ Jed,. (pcor-mmlei(loig---6—a,177 EFTA00128680  • AO 888 (Rev. 06/09) Subpoena to Produce Documents, Infoanation, or Object or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida Plaint v. Civil Action No. 08-CV-80119- Marra (If the action is pending in another district, state where: Defendant SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Federal Bureau of Investigation, North Miami Beach, Florida, 33169 dProduction: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material: See Schedule A as attached. Place: Mermelstein & Horowitz. P.A. Date and Time: 04/02/2010 10:00 am Miami, FL 33160 O Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. Place: Date and Time: The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: 1, 10 CLERK OF COURT OR Signature of Clerk or Deputy Clerk Attorney's signature The name, address, e-mail, and telephone number of the attorney representing (trdke ofparty) PLAINTIFF , who issues or requests this subpoena, are: Stuart Mermelstein Adam Horowitz Jessica Arbour Mermelstein Horowitz, P.A., Miami, FL 33160 EFTA00128681 • • I EFTA00128682  • • AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection ofPremises in a Civil Action (Page 2) Civil Action No. 08-CV-80119- Marra PROOF OF SERVICE (This section should not bellied with the court unless required by Fed. It Civ. P. 45.) This subpoena for (name of individual and title, along was received by me on (date) O I served the subpoena by delivering a copy to the named person as follows: on (dove) ; or 0 I returned the subpoena unexecuted because: 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 are $ for travel and S for services, for a total of S 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: EFTA00128683 t • • AO 88B (Rev. 06(09) Subpoena to Produce Documents, Information, or Object or to Permit Inspection ofPremises in a Civil Action(Page 3) Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (d) Duties in Responding to a Subpoena. (I) Avoiding Undue Burden or Expense; Sanctions. A party or (I) Producing Documents or Electronicaloz StoredInformation. 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) Formfor ProducingElectronically StoredInformation 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 StoredInformation. 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 (i) 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(bX2)(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) Wizen 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 (ii) 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)(3)(B)(iii), 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. (iii) 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 (i) 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. (ii) 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 milts 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)(A)(ii). described in Rule 45(eX3)(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. EFTA00128684  Schedule A Sworn statements taken during the invest.", of Jeffrey Edward Epstein (IS MM, Palm Beach, FL, DOB: ) from the following: EFTA00128685 RE: Jane Doe 2-7 v. Jeffreytistein • Page 1 of 2 RE: Jane Doe 2-7 v. Jeffrey Epstein (USAFLS) Sent Thursday, June 10, 2010 4:02 PM To: M. I have not received any response from Mertnelstein & Horowitz to my letter. From: (FBI) Sent: Thursda , June 10, 2010 3:55 PM To: (USAFLS) Subject: RE: Jane Doe 2-7 v. Jeffrey Epstein Good afternoon I'm just going through my subpoena file, and was wondering If you ever received a response from Mermelstein & Horowitz to your letter. Please let me know. Thank you. =.= Parale al FBI From: (USAFLS) Sent: Tuesday, April 13, 2010 10:34 AM To: Cc: . (USAFLS) Subject: RE: Jane Doe 2-7 v. Jeffrey Epstein Attached please find a letter I just faxed to plaintiffs' counsel, advising them that no responsive documents exist. I expect them to call back and ask what documents do exist, but we will deal with that when it happens. Thanks for your help. From: M, (FBI) Sent: Tuesda April 13, 2010 7:25 AM To: (USAFLS) Subject: Jane Doe 2-7 v. Jeffrey Epstein Good morning We received some correspondence from Jessica Arbour (Mermelstein & Horowitz, PA) via facsimile this morning. https://www.324mail.com/owanae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4eTp5Q... 6/10/2010 EFTA00128686 RE: Jane Doe 2-7 v. Jeffrelintein • Page 2 of 2 I will •fax it to you in the next couple of minutes. I hope SA Richards reached out to you as requested. Please let me know if you need anything from us. iT na. Parale al, FBI https://www.324mail.conilowa/?ae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4cTp5Q... 6/10/2010 EFTA00128687  Case 9:08-Cv-80119-KAPDocument 526 Entered on FLSD ti cket 04/12/2010 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, PLAINTIFFS JANE DOE NOS. 2-7'S REPLY IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF PLAINTIFFS' SWORN STATEMENTS TO FBI INVESTIGATORS Plaintiffs, Jane Does Nos. 2-7, by and through undersigned counsel, hereby file this Reply in Support of Plaintiffs' Motion to Compel Production of Plaintiffs' Sworn Statements to FBI Investigators (DE 489), and state as follows: 1. Plaintiffs seek an Order from this Court compelling the FBI to comply with a subpoena duces tecum for their sworn statements given to FBI investigators during the FBI's investigation of Defendant Epstein. The FBI, which has received notice of this Motion, filed no opposition, but instead instructed Plaintiffs' undersigned counsel that such an Order is necessary to comply with the Privacy Act (5 U.S.C. § 552a). Nevertheless, Defendant Epstein objects on the basis that the subpoena does not comply with internal operating procedures of the FBI and Department of Justice set forth in federal regulations. 1 1e-cite Wick% EFTA00128688 Case 9:08-cv-8011S-KAPDocument 526 Entered on FLSD 11Pcket 04/12/2010 Page 2 of 5 2. Initially, Defendant Epstein has no standing to raise objections to a subpoena directed to nonparty FBI. "A party has standing to object to a subpoena directed at a nonparty when the party claims a 'personal right or privilege' regarding the documents sought " Chaikin v. Fidelity and Guaranty Life Ins. Co. 2003 WL 22715826 (N.D. Ill. 2003) (emphasis supplied). Defendant Epstein does not claim any personal right or privilege regarding the documents sought, nor could he. 3. In any event, on March 12, 2010, Plaintiff's undersigned counsel conferred with an FBI representative who instructed her as to the proper procedure for obtaining the Plaintiffs' statements. See Affidavit of Jessica Arbour, Esq., attached as Exhibit "1." In accordance with those instructions, Plaintiffs' counsel served a subpoena on the Records Custodian of the FBI that same day. 4. Plaintiffs counsel received a letter from the General Counsel of the FBI confirming receipt of the subpoena and that the FBI would produce the requested information when either a signed authorization from each Plaintiff was received or an Order of this Court was received. That letter is attached as Exhibit "2." 5. In accordance with the FBI's verbal and written instructions, Plaintiffs moved this Court for an Order to comply with the Privacy Act on March 17, 2010. 6. Plaintiffs have a right to the sworn statements they gave to the FBI investigators, and Defendant Epstein only seeks to delay them from receiving the statements, all of which are relevant and material to these cases. WHEREFORE, Plaintiffs Jane Doe Nos. 2-7 respectfully request that this Court grant Plaintiffs' Motion to Compel Production of Jane Doe Nos. 2-7's Sworn Statements to FBI Investigators (DE 489). EFTA00128689 •• Case 9:08-cv-80119-KAPDocument 526 Entered on FLSD tket 04/12/2010 Page 3 of 5 Respectfully submitted, By: /s/ Jessica D. Arbour Smart S. Mermelstein (FL Bar No. 947245) ssm(Thscxabuscattorney.com Adam D. Horowitz (FL Bar No. 376980) ahorowitzasexabuseattoniev.corn Jessica D. Arbour (FL Bar No. 67885) iarboura,sexabuseattomey.com MERMELSTEIN & HOROWITZ, P.A. Attorneysfor Plaintiffs 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: Fax: 3 EFTA00128690 Case 9:08-cv-80119-KAPDocument 526 Entered on FLSD tket 04/12/2010 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on April 12, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day to all parties on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Jessica D. Arbour 4 EFTA00128691 Case 9:08-cv180119-KAPDocument 526 Entered on FLSD!Let 04/12/2010 Page 5 of 5 SERVICE LIST DOE vs. JEFFREY EPSTEIN United States District Court, Southern District of Florida Jack Alan Goldberger, Esq. jgoldbergerfaagwoa.com Robert D. Critton, Esq. rcrittonebelclaw.com Bradley James Edwards brad(a),pathlojustice.com Isidro Manuel Garcia isidrozarciaa,bellsouth.nct Jack Patrick Hill inhesearcvlaw.com Katherine Warthen Ezell KEzellQpodhurst.com Michael James Pike [email protected] Paul G. Cassell [email protected] Richard Horace Willits lawvenvillitsaaol.com Robert C. Josefsberg riosefsberzanodhurst.com By facsimile and U.S. Mail to: , Esq. Chief Division Counsel Federal Bureau of Investigations 16320 N.W. 2nd Avenue North Miami Beach, FL 33169 5 EFTA00128692 Case 9:08-cv-80119-KAIVOILcument 526-1 Entered on FLSD.ocket 04/12/2010 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEM, Defendant. Related Cases: 08-80232, 08-80380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, AFFIDAVIT OF JESSICA ARBOUR STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Jessica Arbour deposes and states as follows: 1. My name is Jessica Arbour. I am an attorney at Mermelstein & Horowitz, P.A., the law firm representing Jane Doe Nos. 2-7. 2. On or about March 12, 2010, I spoke with FBI Paralegal Specialist Deborah Moore at the FBI's North Miami Beach office. I informed her that I wanted to get copies of the sworn statements our clients gave to FBI investigators during the federal investigation of Jeffrey Epstein, and that I needed instructions from her as to the proper procedure. 3. Ms. Moore informed me that it was a three-step process: First, I should serve the FBI with a subpoena listing the specific statements I wanted. Second, I should provide them EXHIBIT EFTA00128693  • Case 9:08-cv-80119-KArlicument 526-1 Entered on FLSDfocket 04/12/2010 Page 2 of 2 with a "compliance letter" that stated the reasons I was requesting the information in order to comply with the Privacy Act. Third, I would need to provide either a signed, notarized authorization from each of my clients waiving their rights under the Privacy Act or an Order from this Court ordering the FBI to comply with the subpoena. 4. On March 12, 2010, Plaintiffs served a subpoena duces tecum, attached to the original Motion as Exhibit 1, for our clients' statements. 5. On March 16, 2010, I received a letter from FBI General Counsel confirming that the FBI had received my subpoena and that they would await an Order from this Court or the signed authorizations from each of the Plaintiffs before producing the requested documents. I had previously informed him that I would seek an Order from this Court. 6. Given that discovery deadlines are approaching, a Motion was filed with this Court seeking a single Court Order applicable to all of the statements because Plaintiff's counsel believes that is the most efficient and timely means of obtaining the Plaintiffs' statements. FURTHER AFFIANT SAYETH NAUGHT. Dated: April le) — , 2010 BEFORE ME, personally appeared Jessica D. Arbour who after being first duly sworn, deposes and states that he has executed the foregoing Affidavit, and that it is correct to the best of his knowledge and belief. TFIE FOREGOING INSTRUMENT was sworn to and subscribed before me this T . day of 2010. Lisa Rivera arCommtssiOn . 4: 000878095 eti EXPIRES: APR. 12,2013 VratilmONNOTARtm NOTARY PUBLIC, STATE OF FLORIDA 2 EFTA00128694 • Case 9:08-cv-80119-KAM.ocument 526-2 Entered on FLSOllooket 04/12/2010 Page 1 of 3 MAR-16-20/0 ii:09 P.02 U.S. Department of Justice Federal Bureau of Investigation In ReplY, Platte Refer to 16320 N.W. 2nd Avenue Pile No. North Miami Beach, Florida 331 March 16, 2010 69 Jessica D. Arbour, Esq. Sent Via Facsimile & U.S. Re: Jane Doe 2-7 v. Jeffrey Ep stein Dear Ms. Arbour. We are in receipt of your subpoe advised that the FBI respon na and letter dated March 12, 201 Please be Federal Regulations (CM),se to this request is governed by the provisions of Title0.28, Code of Cod; Section 552a). These reg Sec tion 16. 21 et seq. and the Privacy Act (Title ula tions spe cify 5, that no employee of the DepartmeUn ited Sta tes past or present, shall in response nt of Jus compliance with the applicable to a dem and , pro duc e or disclose information unless tice, federal proceedings and pro vis ion s. Th e pro ced the ure is mandatory and governs sta is re Touhv, v. Ram 340 U.Shas been upheld in the United Sta . 462 (1951). tes Supreme Coutt, See U.S. ate and rel, In addition, the of agency records pertaining toPrivacy Act (Title 5, U.S.C., Section 552O), prohibits the enforcement purpose. The an individual, or information release FB I ma from those records, for a non-law consent of each, record subject, y not dis clo se thi s information without the notarized or an order from a court of com wri disclosure by the FBI. In the abs enc e of petent jurisdiction authorizintten g its appropriate court order authorizin either the notarized consent of the g dis clo sur e, we record subject, or an information to you. are statutorily prohibited front rele asing any As you not in your letter you the records requested. Oned will see ce the Privacy Act Order is k a court order allowing for the release of along with a letter complying issued, please provide a cop of Counsel Frank Navas at the with the Code of Federal Regulations directed to Chyief the order regulations, we must receive abo ve add res s. In accordance with the above cited Div ision may be released to you. the not ariz ed con sen t law or Privacy Act Order before any and documents EXHIBIT EFTA00128695 • Case 9:08-cv-80119-KAM ocument 526-2 Entered on FLSDicket 04/12/2010 Page 2 of 3 MAR-16-2010 11:09 P.03 ate. require further assistance, please contact Paralegal Specialist Very Truly Yours, JOHN V. GLUES Spezia gent in Charge B . FRANK NAVAS Chief Division Counsel 2 TOTAL P.03 EFTA00128696  • Case 9:08-cv-80119-KAM.ocument 526-2 Entered on FLSD.cket 04/12/2010 Page 3 o01 • • f3 AR-16-2010 11:09 P. FD-448 Revised FEDERAL BUREAU OF INVESTIG 10-27-2004 ATION FACSIMILE COVER SHEE T PRECEDENCE r immediate fri Priority C Routine CLASSIFICATION r Top Secret r Secret Confidential 47 Sensitive Unclassified Name of Office: TO Mennalsteln & Morow Facsimile Number. itz PA Date: Attn: 03/16/2010 Jessica D. Arbour, Esq . Room: Tele hone N m r Name of Office: FROM 1 FBI Miami, Chief Div ision Counsel Number of Pages: (Inchiding Originators Name: cover) 3 PIS Deyanira Originator's Telephone Num ber: Originators Facsimile Number: Approved: (305) 787-6727 (305) 787-6124 FN Subject: DETAILS Jane Does 2-7 v. Jeffre y Epstein Special mandling Instructions : Please review and provid e CM compliance let Navas. ter & Privacy Act Ord er to Ch ief Division Counsel Frank Brief Description of Com munication Faxed: Information attached to the WARNING reproduction, distribution, orcover Sheet is U.S. Government Property. If you are Immediately to arrange for use of this Information Is proh not the intended redolent of ibited (28.LISC. § 641). Plea this proper disposition, se notify the originator or information disclosure, local FBI Office F0-448 (Revised 10-27-200 41 EFTA00128697 MERMELSTEIN & HOROWITZ, P.A. ,a35SPOzt ATTORNEYS AT LAW n ob' Z 4 4, e- re =raw -4=if=v •••==ms PITNEY BOWES MIAMI. FLORIDA 33160.2146 02 1P $ 000.61° 1..1 0003952374 APR 12 2010 MAILED FROM ZIP CODE 33160 . IN§Fileito ©PENED & iAPR 14 20.d Vie ).;)„ • "" Chief Division Counsel Federal Bureau of Investigations North Miami Beac , 69 L-1 • -.I•i3169S-OVDEI COO? le • r eiNarrier.7. EFTA00128698 RE: Jane Doe 2-7 v. Jeffreastein Page 1 of 1 RE: Jane Doe 2-7 v. Jeffrey Epstein (USAFLS) ( ] Sent: Tuesday, April 13, 2010 10:34 AM To: Cc: (USAFLS) Attachments: arbour_fbi_subpoena.pdf (41 KB) Attached please find a letter I just faxed to plaintiffs' counsel, advising them that no responsive documents exist. I expect them to call back and ask what documents do exist, but we will deal with that when it happens. Thanks for your help. From: (FBI) Sent: Tuesda , April 13, 2010 7:25 AM To: (USAFLS) Subject: Jane Doe 2-7 v. Jeffrey Epstein Good morning We received some correspondence from Jessica Arbour (Mermelstein & Horowitz, PA) via facsimile this morning. I will fax it to you in the next couple of minutes. I hope SA Richards reached out to you as requested. Please let me know if you need anything from us. Thank you. MEM Parale al FBI https://www.324mai1.com/owa/?ae=Item&t=IPM.Note&id=RgAAAAAJ2YReGj4cTp5Q... 4/14/2010 EFTA00128699  U.S. Department of Justice United States Attorney Southern District of Florida 99N& 4 Street Miami, FL 33132 (305)961-9000 VIA FACSIMILE AND REGULAR MAIL April 13, 2010 Jessica D. Arbour, Esq. Mermelstein & Horowitz. P.A. Miami, Florida 33160 RE: Jane Doe No. 2 v. Jeffrey Epstein Case No. 08-80119-C1V-MARRA/JOHNSON Subpoena to Federal Bureau of Investigation (FBI) Dear Ms. Arbour: The subpoena served by plaintiffs upon the FBI has been referred to the U.S. Attorney's Office and assigned to me. The subpoena seeks sworn statements taken during the investigation ofJeffre Edward Epstein , Palm Beach, FL DOB 01/20/53) from the following: I have contacted one of the FBI Special Agents who handled the investigation into Jeffrey Epstein. He advises me that no sworn statements were taken from any of the six individuals listed in th you need a declaration to that effect, please let me know. I can be reached at Thank you. Sincerely, JEFFREY H. SLOMAN UNITED STATES ATTORNEY By: Assistant U.S. Attorney EFTA00128700 I FD-448 FEDERAL BUREAU OF INVESTIGATION Revised '10-27-2004 FACSIMILE COVER SHEET PRECEDENCE 00; Immediate C Priority C Routine CLASSIFICATION C Top Secret C Secret r Confidential a) Sensitive C Unclassified TO Name of Office: Date: U.S. Attorney's Office - Miami 04/14/2009 Attn: Room: Tele hone Number: AUSA FROM Name of Office: Number of Pages: (Including cover) FBI Miami, Chief Division Counsel 11 Originators Name: Originator's Telephone Number: umber: PLS Approved: FN DETAILS Subject: Jane Doe No. 2 vs. Jeffrey Epstein Special Handling Instructions: Brief Description of Communication Faxed: Reply in Support of Motion to Compel Production of Sworn Statements WARNING Information attached to the cover sheet Is U.S. Government Property. If you are not the intended recipient of this Information disclosure, reproduction, distribution, or use of this information is prohibited (18.USC, § 641). Please notify the originator or local FBI Office immediately to arrange for proper disposition. FD-448 (Revised 10-27-2004) Page 1 of 1 FEDERAL BUREAU OF INVESTIGATION EFTA00128701 A \ -.4 *C10101O040/0KA13010fCA** -IND. SNIT L- 3440iactosocomok** DATE APR- 10 *Sof:** TIME 09:21 *:40logna DATE/TIME = APR-13-2010 09:19 JOURNAL No. = 25 COMM. RESULT = OK PAGE(S) = 012 DURATION = 00:01:15 FILE No. 724 MODE = MEMORY TRANSMISSION DESTINATION = 93055307139 RECEIVED ID = SUITE 300 / 3055307139 RESOLUTION = STD — tiolotc0=0* t000********SOWOOKYOMOSe******4000* — EFTA00128702  :34:29 p.m. 12-04-2010 1 111 305-9312200 Herman &Mermels, ai • MERMELSTEIN & HOROWITZ PA ATTORNEYS AT LAW Adam D. Horowitz Tel Fax [email protected] Miami, Florida 33160 vwsexabuseadorney.com FAX TRANSMITTAL FROM DATE NO. OF PAGES Jessica Arbour, Esq. February 17, 2010