EFTA01333054.pdf
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06/2005)Scaled Conancnt Tracking Ran
UNITED STATES DISTRICT COURT
Southern District of Florida
Misc. Number: 064266-1RJ
In Re FILED by
Records of the Electronic
Communications Service
Known as Cingular Wireless
SEP 2 0 2006
CLAIKNCC MADDOX
CLERK U.S. DIST. CT.
5.0. OF VIA. • W.I.B.
SEALED DOCUMENT TRACKING FORM
Pony Filing Matter Under Seal Name: U.S. Attorneys Me
Address: 500 S. Ausuakan Ave. Sub 400. West Pakn Death. FL 33401
Telephone:
On behalf of (select one): 0 aktiainsiff- 44/044 - ❑ Defendant
Date scaled document filed: 920.2006
If sealed pursuant to statute, cite statute:
If sealed pursuant to previously entered protective order, date of order and docket entry number:
The matter should remain sealed until:
Conclusion of Trial El Arrest of First Defendant
Case Closing EI Conclusion of Direct Appeal
Other: nme for production of discover/ or further Order of the Court
Permanently. Specify the authorizing law, rule, court order:
The moving party requests that when the sealing period expires, the filed matter should be (select one):
Unsealed and placed in the public portion of the court file 0 Destroyed
❑ Returned to the party or counsel for the party, as identified above
Ist" V/
ik
A morn( y for: lAovanl Unilod Stales o
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SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249806
EFTA01333054
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FILED by D.07
Case No. 06-8266-LRJ
IN RE:
SEP 20 2006
RECORDS OF THE ELECTRONIC
CLA/MENCl MADDOX
COMMUNICATIONS SERVICE KNOWN DIrtk V.S. DIST. CT.
AS CINGULAR WIRELESS
MOTION TO SEAL
The United States of America, by and through the undersigned Assistant United States
Attorney, hereby moves to seal its Motion for Order of Disclosure under 18 U.S.C. § 2703:
1. Title 18, United States Code, Sections 2703 and 2705 provide for the disclosure or
non-disclosure of Motions and Orders filed pursuant to Section 2703. Pursuant to 18 U.S.C. §
2703(cX3), the United States is not required to disclose the existence of this Motion and the Court's
Order to the consumer.
2. Title 18, United States Code, Section 2705(b) provides that, when the government
is not required to disclose its request to the customer, a Court can order non-disclosure by the service
provider when such disclosure may result in (1) endangering the life or physical safety of an
individual, (2) flight from prosecution, (3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or (5) otherwise seriously jeopardize an investigation or
unduly delay a trial. General Rule 5.4(B) of the Local Rules of the Southern District of Florida
provides that a document may be ordered sealed when there is"a reasonable basis for departing from
the general police of a public filing."
3. As set forth in the Motion, there is reason to believe that the disclosure of the Motion
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and Order, as well as Cingular Wireless's compliance with the Order would likely result in
tampering with or destruction of evidence or flight from prosecution.
WHEREFORE, the United States respectfully requests that, consistent with the guidelines
enunciated in 18 U.S.C. § 2705(6) and the Court's equitable powers under S.D. Fl. Gen. R. 5.4(B),
the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the Order of Disclosure be sealed
until the time for production of discovery after the arrest of the-target of the investigation or further
Order of the Court.
Respectfully submitted,
R. ALEXANDER ACOSTA
By:
ASSISTANT U.S. ATTORNE
Florida Bar No.
500 S. Australian Avenue, Suite 400
West Palm Beach, FL 33401
TEL:
FAX:
E-MAIL:
2
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266•LRJ FILED by D.C.
IN RE:
RECORDS OF THE ELECTRONIC SEP 2 0 2OO6
COMMUNICATIONS SERVICE KNOWN CLARENCE MA000X
AS C1NGULAR WIRELESS C , VT% U 5. OISE CT.
S.D. Of II A. • W.P.B.
ORDER
It is hereby ordered that the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the
Order of Disclosure be sealed until the time for production of discovery after the arrest of the target
of the investigation or until further Order of the Court.
DONE AND ORDERED in chambers this _2.O day of September, 2006, at Fort
Pierce, Florida.
R. JOHNSO
UNITED STATES MAGISTRATE JUDGE
cc: West Palm Beach Certified to be a true and
correct copy of the document on file
Clarence Maddox, Clerk,
U. S. District Court
Sou irn pi tact Florida
Deputy Clerk
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266-LRJ
IN RE: RECORDS OF THE
ELECTRONIC COMMUNICATIONS
SERVICE KNOWN AS
CINGULAR WIRELESS
MOTION FOR ORDER OF DISCLOSURE UNDER 18 U.S.C. § 2703
FILED UNDER SEAL
I. COMES now the United States of America, by and through the undersigned Assistant
United States Attorney, and moves this Court for an order to Cingular Wireless,
West Palm Beach, FL 33407, to provide records and other information pertaining to two
ofits customers, that is, Jeffrey Epstein and The records and other information sought
are set forth in Attachment A to this motion.
2. Pursuant to the Electronic Communications Privacy Act, 18 U.S.C. §§ 2701, et seq.,
a court order rather than a subpoena is necessary to obtain the desired information because Cingular
Wireless is an "electronic communications service" and this motion and proposed order seek
records and other information pertaining to a subscriber to or customer of such service. 18 U.S.C.
§ 2703(c).
3. The applicable statute provides:
A governmental entity may require a provider of electronic communication service
or remote computing service to disclose a record or other information pertaining to
'Electronic communications service means "any service which provides to users thereof the
ability to send or receive wire or electronic communications." 18 U.S.C. § 2510(15).
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a subscriber to or customer of such service (not including the contents of
communications) only when the governmental entity —
* * *
(B) obtains a court order for such disclosure under subsection (d) of this section;
18 U.S.C. § 2703(c)(1)(3). Thus a court order is one permitted way to recover transactional data
but not content from an electronic communications service. Subsection (d) states:
(d) Requirements for a court order -- A court order fordisclosure under subsection
(b) or (c) may be issued by any court that is a court of competent jurisdiction
described in section 3127(2XA) and shall issue only if the government entity offers
specific and articulable facts showing that there are reasonable grounds to believe
that the contents of a wire or electronic communication, or the records or other
information sought, are relevant and material to an ongoing criminal investigation.
18 U.S.C. § 2703(d). Thus the burden on the United States in obtaining such an order is to present
specific facts showing reasonable grounds to believe the material sought is relevant to a criminal
investigation.
4. This court is a "court of competent jurisdiction" because it is "a district court of the
United States (including a magistrate of such court) . . ." 18 U.S.C. § 3127(2XA).
5. As further described below, the Federal Bureau of Investigation is investigating
violations of Title 18, United States Code, Sections 2422 and 2423, which outlaw the use of "any
facility or means of interstate or foreign commerce" to persuade, induce, or entice any individual
under the age of 18 to engage in prostitution or sexual activity (§ 2422), and the travel in interstate
commerce for the purpose of engaging in illicit sexual conduct (§ 2423).
6. Beginning in October 2005, the City of Palm Beach Police Department ("PBPD")
began investigating Jeffrey Epstein, a part-time resident of the City of Palm Beach, along with his
personal assistant, PBPD obtained information from a fourteen-year-old girl who
lives in Loxahatchce, Florida, in the Southern District of Florida, and who attended Royal Palm
-2-
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SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
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Beach High School, also in the Southern District of Florida. The fourteen-year-old girl informed
PBPD that she had been paid $300 by Jeffrey Epstein to perform a "sexual massage," which entailed
providing a massage to Jeffrey Epstein while Epstein was naked and the fourteen-year-old was
wearing only her thong panties. During the massage, Jeffrey Epstein masturbated himself and
touched the fourteen-year-old's vagina over her thong panties both with his hand and with a
vibrator/massager.
7. Following the receipt of the information from the fourteen-year-old, PBPD began
interviewing a series of girls, ranging in age from fourteen through mid-twenties, who reported a
similar series of events.' In particular, the girls described how they were contacted via telephone,
primarily ba, Epstein's assistant, to arrange times for the girls to "work" at Epstein's
home in Palm Beach. The girls would travel to Epstein's home, usually in the company of another
girl. The girls would enter Epstcin's home via the kitchen, where they would be met by Epstein
and/or The girls would be escorted up to Epstein's bedroom where a massage table usually
was already set up. The girls were told to undress — some undressed only partially and some
undressed completely. Epstein would enter the room partially dressed, usually wearing only a towel.
Epstein often would remove the towel and get onto the massage table face down. While lying face
down, Epstein instructed the girl how to massage him, including in some instances "straddling him"
so that Epstein's buttocks and the girl's buttocks touched. After a period of time when the girl
massaged Epstein's back, he would turn over and lie face up. While lying face up, Epstein would
continue to instruct the girl how to conduct the massage. Epstein also would masturbate himselfand
occasionally would manually fondle the vaginal area of the girl — sometimes over the panties,
'All of the girls did not report identical events. This summary includes the most common
occurrences from the girls' interviews.
-3-
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sometimes under the panties, and sometimes penetrating the girl's vagina. On most instances,
Epstein also used a vibrator or massager on the girl's vaginal area, again sometimes over the panties
and sometimes under the panties. When Epstein ejaculated, the "massage" was over and the girl was
instructed to get dressed and to return to the downstairs area of the home. The girls received
between $200 and $300 for the sexual massage.
8. In addition to these sexual massages, some of the girls were paid additional sums to
perform more sexual activity, including, for example, engaging in sexual activity with another
female Epstein employee, while Epstein watched.
9. During the course ofPBPD's investigation, a search warrant for Epstein's home was
obtained and executed. Many of Epstein's belongings were removed from the home prior to the
execution of the search warrant — for example, the computer processing units ("CPU's") were
removed from the house but the computer screens, keyboards, cords, etc. were left behind. The
missing CPU's were never recovered. As set forth below, this suggests that, if the targets were to
team of the existence of this Motion and Order, they may destroy evidence.
10. During the search, several telephone message pads were recovered. These message
pads show messages taken from several of the girls who were interviewed and who admitted to
engaging in sexual massages or other sexual activity with Epstein. The messages contained text
such as "I have a female for him" and "has girl for tonight." Some of the messages from the girls
were addressed to Epstein and others were addressed to Epstein's assistant.
Additional messages recovered during the search contained text such as "[V] confirmed at 1I am and
[A] 4 pm."3
1[V] and [A] refer to two of the girls who were interviewed and admitted to engaging in
sexual massages and other activity with Epstein.
-4-
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11. During the FBI's investigation, some of the girls interviewed by PBPD were re-
interviewed and additional girls were interviewed for the first time. During those interviews, the
girls related that Epstein's assistant, would contact the girls while and Epstein
were still in New York or elsewhere,' in order to arrange "massage" times upon his arrival in Palm
Beach. The FBI also has collected the flight manifests for Epstein's two private planes during the
period of January 2004 through December 2005 as well as cell phone records forM, Epstein,
and some of the girls. The investigation revealed that, prior to flights to Palm Beach would
contact some of the girls via cell phone. The message pads show evidence that the girls responded
to those telephone calls and left messages confirming their "appointments."
12. The investigation has revealed two relevant cell phone numbcrs operated by Cingular
Wireless: which is assigned to Jeffrey Epstein, and which is
assigned to
13. Based on the foregoing, there is reason to believe that the items listed in Attachment
A for Jeffrey Epstein and would yield information relevant and material to the ongoing
criminal investigation and will assist in establishing the use of a facility and means of interstate
commerce and the travel in interstate commerce to engage in illicit sexual conduct and prostitution,
as well as information pertaining to the location from which the telephone calls were made.
14. The United States requests that the Court issue an order authorizing the disclosure
of the items listed in Attachment A for Jeffrey Epstein and for the dates shown thereon.
41n addition to a home in New York, Epstein also maintains a residence in the U.S. Virgin
Islands. Epstein has at least two personal planes and has been known to travel overseas on those
planes. Epstein has access to virtually unlimited assets. Given the seriousness of the potential
charges in this case, there is reason to believe that, if Epstein and his assistant were to learn of the
existence of this Motion and Order, they may flee the United States.
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15. Applicant further requests that, pursuant to and consistent with the guidelines
enunciated in 18 U.S.C. § 2705(b) and also under the Court's equitable powers, due to the
circumstances described above, the Court direct Cingular Wireless and their agents and employees,
not to disclose to the subscriber, customer, or to any other person, the existence of this application
and any orders pertaining thereto, or of the existence of this investigation, for 90 days for the date
of the Court's Order or until further Order of the Court. As set forth above, there is reason to believe
that notification of the existence of this Motion and Order to the subscriber or others would result
in the destruction of or tampering with evidence, flight from prosecution, or otherwise seriously
jeopardize the ongoing investigation in this matter.
16. Consistent with the purpose of 18 U.S.C. § 2705 and to effectuate that purpose and
also under the Court's equitable powers, the United States further asks that the motion and order be
scaled until the time for production of discovery after the arrest of the target of the investigation, or
until further Order of the Court.
17. Based on the above facts, the United States respectfully requests that the Court issue
the attached order in this matter.
Respectfully submitted,
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By:
Assistant United States Attorney
Florida Bar Nom
500 South Australian Avenue, Suite 400
West Palm Beach, FL 33401
Telephone:
Facsimile:
-6-
SDNY_GM_02762972
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249815
EFTA01333063
ATTACHMENT A
A. All customer or subscriber account information for any accounts registered to or
associated with Jeffrey Epstein, and Jeffrey Epstein, Inc., including but not limited
to telephone numbcrs For each such account, the information
provided should include:
1. The subscriber's account number;
2. The subscriber's address;
3. The subscriber's telephone number or numbers;
4. The subscriber's e-mail address(es);
5. Any other information pertaining to the identity of the subscriber, including
but not limited to credit card number(s) and type(s) and detailed billing summaries;
and
6. Account history for any closed account(s) and the stated reason for closing
any such account(s).
13. A list of all Cingular cell site/cell tower locations along with any code numbers
assigned to each location.
C. For the dates shown below,
1. details for all incoming calls for all accounts identified in paragraph A above;
and
2. cell site/cell tower locations for all incoming and outgoing calls.
12/31/03 through 01/04/04 02/17/04 through 02/20/04
01/06/04 through 01/09/04 03/01/04 through 03/04/04
01/13/04 through 01/16/04 03/09/04 through 03/12/04
02/03/04 through 02/06/04 03/17/04 through 03/20/04
A-1
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03/23/04 through 03/26/04 02/08/05 through 02/11/05
03/31/04 through 04/03/04 02/19/05 through 02/25/05
04/08/04 through 04/11/04 03/02/05 through 03/05/05
04/14/04 through 04/17/04 03/16/05 through 03/19/05
04/20/04 through 04/23/04 04/06/05 through 04/09/05
04/29/04 through 05/02/04 04/25/05 through 04/28/05
05/12/04 through 05/15/04 05/04/05 through 05/07/05
05/19/04 through 05/22/04 05/17/05 through 05/20/05
06/02/04 through 06/05/04 05/27/05 through 05/30/05
06/09/04 through 06/12/04 06/06/05 through 06/09/05
06/18/04 through 06/21/04 06/16/05 through 06/19/05
07/02/04 through 07/05/04 06/28/05 through 07/01/05
07/14/04 through 07/17/04 07/13/05 through 07/16/05
07/20/04 through 07/23/04 07/20/05 through 07/23/05
08/04/04 through 08/07/04 08/16/05 through 08/19/05
08/17/04 through 08/20/04 09/01/05 through 09/04/05
08/23/04 through 08/26/04 09/07/65 through 09/10/05
09/14/04 through 09/17/04 09/16/05 through 09/19/05
09/30/04 through 10/03/04 09/27/05 through 09/30/05
10/06/04 through 10/09/04
10/14/04 through 10/17/04
10/27/04 through 10/30/04
11/03/04 through 11/06/04
11/08/04 through 11/11/04
11/16/04 through 11/19/04
12/01/04 through 12/04/04
12/11/04 through 12/18/04
12/30/04 through 01/02/05
01/04/05 through 01/07/05
01/12/05 through 01/15/05
01/17/05 through 01/20/05
02/01/05 through 02/04/05
A-2
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UMTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266-1.RJ
_FILED by D.C.
I
IN RE: RECORDS OF THE
ELECTRONIC COMMUNICATIONS
SERVICE KNOWN AS SEP 2 0 2006
CINGULAR WIRELESS CLARCNCI MADDOX
TXu S DIST CT.
SEALED ORDER
THIS MATTER has come before the Court upon the Application Under Seal filed by the
United States of America, for an Order pursuant to 18 U.S.C. § 2703 authorizing the disclosure
of records and other information of the communications service known as Cingular Wireless.
The Court, noting that none of the records sought by this Application (as set forth in Attachment
A) contains the "contents" of any stored electronic communication, the Court finds that the
application has offered specific and articulable facts establishing reasonable grounds to believe
that the records and information sought are relevant and material to an ongoing criminal
investigation into possible offenses involving violations of 18 U.S.C. §§ 2422 and 2423.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Cingular Wireless shall provide to agents of the
Federal Bureau of Investigation the records and information listed in Attachment A for the
accounts and dates listed thereon.
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to 18 U.S.C. § 2706, the
provider of electronic communication service for the cellular telephone accounts shall be
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compensated for reasonable expenses incurred in providing such facilities and technical
assistance.
The Court finds that there is reason to believe that notification of the existence of this
order to the subscriber or others will result in the destruction of or tampering with evidence,
flight from prosecution, or otherwise seriously jeopardize the ongoing investigation in this
matter. Therefore, pursuant to and consistent with the guidelines enunciated in 18 U.S.C. §
2705(b) and under the Court's equitable powers, IT IS FURTHER ORDERED AND
ADJUDGED that Cingular Wireless and any other provider of electronic communication service
for the cellular telephone accounts, and their agents and employees, shall not disclose to the
subscriber, customer, or to any other person, the existence of this application and any orders
pertaining thereto, or of the existence of this investigation, for 90 days from the date of this
Order, or until further Order of the Court. The Application Under Seal and this Court's Order
shall be SEALED until further Order of this Court, except that copies shall be provided to law
enforcement as necessary to the performance of their official duties.
DONE AND ORDERED in Chambers at Fort Pierce, Florida, this c day of
September, 2006.
A-2-2 A C -
1..laA R. JOHNSON
UNITED STATES MA a TRATE JUDGE
Copy furnished: I ,
I certified b be a true and
coned copy of the document on file
AUSA
Clarence Maddox, Cleric
U. S.
So °;f: Distr:et
. ;attic
Court
f Florida
Pub/ Clork
0: le
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AtfAcalalifA
A. All customer or subscriber account information for any accounts registered to or
associated with Jeffrey Epstein, and Jeffrey Epstein, Inc., including but not limited
to telephone numbers and . For each such account, the information
provided should include:
1. The subscriber's account number;
2. The subscriber's address;
3. The subscriber's telephone number or numbers;
4. The subscriber's e-mail address(es);
5. Any other information pertaining to the identity of the subscriber, including
but not limited to credit card number(s) and type(s) and detailed billing summaries;
and
6. Account history for any closed account(s) and the stated reason for closing
any such account(s).
B. A list of all Cingular cell site/cell tower locations along with any code numbers
assigned to each location.
C. For the dates shown below,
1. details for all incoming calls for all accounts identified in paragraph A above;
and
2. cell site/cell tower locations for all incoming and outgoing calls.
12/31/03 through 01/04/04 02/17/04 through 02/20/04
01/06/04 through 01/09/04 03/01/04 through 03/04/04
01/13/04 through 01/16/04 03/09/04 through 03/12/04
02/03/04 through 02/06/04 03/17/04 through 03/20/04
A-1
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03/23/04 through 03/26/04 02/08/05 through 02/11/05
03/31/04 through 04/03/04 02/19/05 through 02/25/05
04/08/04 through 04/11/04 03/02/05 through 03/05/05
04/14/04 through 04/17/04 03/16/05 through 03/19/05
04/20/04 through 04/23/04 04/06/05 through 04/09/05
04/29/04 through 05/02/04 04/25/05 through 04/28/05
05/12/04 through 05/15/04 05/04/05 through 05/07/05
05/19/04 through 05/22/04 05/17/05 through 05/20/05
06/02/04 through 06/05/04 05/27/05 through 05/30/05
06/09/04 through 06/12/04 06/06/05 through 06/09/05
06/18/04 through 06/21/04 06/16/05 through 06/19/05
07/02/04 through 07/05/04 06/28/05 through 07/01/05
07/14/04 through 07/17/04 07/13/05 through 07/16/05
07/20/04 through 07/23/04 07/20/05 through 07/23/05
08/04/04 through 08/07/04 08/16/05 through 08/19/05
08/17/04 through 08/20/04 09/01/05 through 09/04/05
08/23/04 through 08/26/04 09/07/05 through 09/10/05
09/14/04 through 09/17/04 09/16/05 through 09/19/05
09/30/04 through 10/03/04 09/27/05 through 09/30/05
10/06/04 through 10/09/04
10/14/04 through 10/17/04
10/27/04 through 10/30/04
11/03/04 through 11/06/04
11/08/04 through 11/11/04
11/16/04 through 11/19/04
12/01/04 through 12/04/04
12/11/04 through 12/18/04
12/30/04 through 01/02/05
01/04/05 through 01/07/05
01/12/05 through 01/15/05
01/17/05 through 01/20/05
02/01/05 through 02/04/05
A-2
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EFTA01333069
Met 092005)Sealed Domment Tracking Fpm
UNITED STATES DISTRICT COURT
Southern District of Florida
Misc. Number 0042004-/M
In Re FILED by D.C.
Records of the Electronic
Communications Service
Known as singular Wireless SEP 20 2006
CLARCHCC MADDOX
CLVTX U.S. DIST. CT.
SEALED DOCUNIENT TRACKING FORM
Party Filing Matter Under Seal Name: u.s. Adam's Office
Address: 500 S. Australian Ave. Suite 400. Mit Palm Beach, FL 33401
Telephone:
On behalf of (select one): CI tiaimiff-katojed- O Defendant
Date sealed document filed: 9/20/2006
If sealed pursuant to statute, cite statute:
If sealed pursuant to previously entered protective order, date of order and docket entry number:
The matter should remain sealed until:
O Conclusion of Trial O Arrest of First Defendant
O Case Closing O Conclusion of Direct Appeal
O Other: ilme for producdon of dboreory or further order of dm Court
O Permanently. Specify the authorizing law, rule, court order:
The moving party requests that when the sealing period expires, the filed matter should be (select one):
O Unsealed and placed in the public portion of the court file O Destroyed
El Returned to the party or counsel for the party, as identified above
A7forney for: Movant united Mates d ArhMci
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EFTA 00249822
EFTA01333070
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06.8266-LID FILED 67 U.C.'
IN RE:
RECORDS OF THE ELECTRONIC SEP 2 0 2006
COMMUNICATIONS SERVICE KNOWN CLAAVICC MADDOX
CT.
CL OS V3. DIST.
AS CINGULAR WIRELESS
MOTION TO SEAL
The United States of America, by and through the undersigned Assistant United States
Attorney, hereby moves to seal its Motion for Order of Disclosure under 18 U.S.C. § 2703:
I. Title 18, United States Code, Sections 2703 and 2705 provide for the disclosure or
non-disclosure of Motions and Orders filed pursuant to Section 2703. Pursuant to 18 U.S.C. §
2703(cX3), the United States is not required to disclose the existence of this Motion and the Court's
Order to the consumer.
2. Title 18, United States Code, Section 2705(b) provides that, when the government
is not required to disclose its request to the customer, a Court can order non-disclosure by the service
provider when such disclosure may result in (1) endangering the life or physical safety of an
individual, (2) flight from prosecution, (3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or (5) otherwise seriously jeopardize an investigation or
unduly delay a trial. General Rule 5.4(B) of the Local Rules of the Southern District of Florida
provides that a document maybe ordered sealed when there is "a reasonable basis for departing from
the general police of a public filing."
3. As set forth in the Motion, there is reason to believe that the disclosure of the Motion
SDNY_GM_02762980
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249823
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and Order, as well as Cingular Wireless's compliance with the Order would likely result in
tampering with or destruction of evidence or flight from prosecution.
WHEREFORE, the United States respectfully requests that, consistent with the guidelines
enunciated in 18 U.S.C. § 2705(b) and the Court's equitable powers under S.D. Fl. Gen. It 5.4(B),
the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the Order of Disclosure be sealed
until the time for production of discovery after the arrest of theiarget of the investigation or further
Order of the Court.
Respectfully submitted,
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By:
ASSISTANT U.SA.117 RNENY
Florida Bar No.
500 S. Australian Avenue, Suite 400
West Palm Beach, FL 33401
TEL:
FAX:
E-MAIL:
2
S0NY_GM_02762981
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249824
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266-LRJ
FILED by_ _D.C.
IN RE:
RECORDS OF THE ELECTRONIC SEP 2 0 2006
COMMUNICATIONS SERVICE KNOWN
CLARENCE MAROON
AS CINGULAR. WIRELESS CLERK U.S. GIST. CT.
/ $0. OF FlA. • W.P.S.
ORDER
It is hereby ordered that the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the
Order of Disclosure be sealed until the time for production of discovery after the arrest of the target
of the investigation or until further Order of the Court.
DONE AND ORDERED in chambers this day of September, 2006, at Fort
Pierce, Florida.
J r"-
IL JOHNS°
UNITED STATES MAGISTRATE JUDGE
cc: West Palm Beach
Certified to be a true and
coned cocy Of the dte...:rnent on file
Clarence Maddox, Clerk,
U.S. District Court
Soutt rn District gf,Flonda
By
Deputy
UNITED STATES DISTRICT COURT
Southern District of Florida
Misc. Number: 064266-1RJ
In Re FILED by
Records of the Electronic
Communications Service
Known as Cingular Wireless
SEP 2 0 2006
CLAIKNCC MADDOX
CLERK U.S. DIST. CT.
5.0. OF VIA. • W.I.B.
SEALED DOCUMENT TRACKING FORM
Pony Filing Matter Under Seal Name: U.S. Attorneys Me
Address: 500 S. Ausuakan Ave. Sub 400. West Pakn Death. FL 33401
Telephone:
On behalf of (select one): 0 aktiainsiff- 44/044 - ❑ Defendant
Date scaled document filed: 920.2006
If sealed pursuant to statute, cite statute:
If sealed pursuant to previously entered protective order, date of order and docket entry number:
The matter should remain sealed until:
Conclusion of Trial El Arrest of First Defendant
Case Closing EI Conclusion of Direct Appeal
Other: nme for production of discover/ or further Order of the Court
Permanently. Specify the authorizing law, rule, court order:
The moving party requests that when the sealing period expires, the filed matter should be (select one):
Unsealed and placed in the public portion of the court file 0 Destroyed
❑ Returned to the party or counsel for the party, as identified above
Ist" V/
ik
A morn( y for: lAovanl Unilod Stales o
SDNY_GM_02762963
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249806
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FILED by D.07
Case No. 06-8266-LRJ
IN RE:
SEP 20 2006
RECORDS OF THE ELECTRONIC
CLA/MENCl MADDOX
COMMUNICATIONS SERVICE KNOWN DIrtk V.S. DIST. CT.
AS CINGULAR WIRELESS
MOTION TO SEAL
The United States of America, by and through the undersigned Assistant United States
Attorney, hereby moves to seal its Motion for Order of Disclosure under 18 U.S.C. § 2703:
1. Title 18, United States Code, Sections 2703 and 2705 provide for the disclosure or
non-disclosure of Motions and Orders filed pursuant to Section 2703. Pursuant to 18 U.S.C. §
2703(cX3), the United States is not required to disclose the existence of this Motion and the Court's
Order to the consumer.
2. Title 18, United States Code, Section 2705(b) provides that, when the government
is not required to disclose its request to the customer, a Court can order non-disclosure by the service
provider when such disclosure may result in (1) endangering the life or physical safety of an
individual, (2) flight from prosecution, (3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or (5) otherwise seriously jeopardize an investigation or
unduly delay a trial. General Rule 5.4(B) of the Local Rules of the Southern District of Florida
provides that a document may be ordered sealed when there is"a reasonable basis for departing from
the general police of a public filing."
3. As set forth in the Motion, there is reason to believe that the disclosure of the Motion
SDNY_GM_02762964
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA_00249807
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and Order, as well as Cingular Wireless's compliance with the Order would likely result in
tampering with or destruction of evidence or flight from prosecution.
WHEREFORE, the United States respectfully requests that, consistent with the guidelines
enunciated in 18 U.S.C. § 2705(6) and the Court's equitable powers under S.D. Fl. Gen. R. 5.4(B),
the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the Order of Disclosure be sealed
until the time for production of discovery after the arrest of the-target of the investigation or further
Order of the Court.
Respectfully submitted,
R. ALEXANDER ACOSTA
By:
ASSISTANT U.S. ATTORNE
Florida Bar No.
500 S. Australian Avenue, Suite 400
West Palm Beach, FL 33401
TEL:
FAX:
E-MAIL:
2
SDNY_GM_02762965
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249808
EFTA01333056
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266•LRJ FILED by D.C.
IN RE:
RECORDS OF THE ELECTRONIC SEP 2 0 2OO6
COMMUNICATIONS SERVICE KNOWN CLARENCE MA000X
AS C1NGULAR WIRELESS C , VT% U 5. OISE CT.
S.D. Of II A. • W.P.B.
ORDER
It is hereby ordered that the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the
Order of Disclosure be sealed until the time for production of discovery after the arrest of the target
of the investigation or until further Order of the Court.
DONE AND ORDERED in chambers this _2.O day of September, 2006, at Fort
Pierce, Florida.
R. JOHNSO
UNITED STATES MAGISTRATE JUDGE
cc: West Palm Beach Certified to be a true and
correct copy of the document on file
Clarence Maddox, Clerk,
U. S. District Court
Sou irn pi tact Florida
Deputy Clerk
SDNY_GM_02762966
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249809
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266-LRJ
IN RE: RECORDS OF THE
ELECTRONIC COMMUNICATIONS
SERVICE KNOWN AS
CINGULAR WIRELESS
MOTION FOR ORDER OF DISCLOSURE UNDER 18 U.S.C. § 2703
FILED UNDER SEAL
I. COMES now the United States of America, by and through the undersigned Assistant
United States Attorney, and moves this Court for an order to Cingular Wireless,
West Palm Beach, FL 33407, to provide records and other information pertaining to two
ofits customers, that is, Jeffrey Epstein and The records and other information sought
are set forth in Attachment A to this motion.
2. Pursuant to the Electronic Communications Privacy Act, 18 U.S.C. §§ 2701, et seq.,
a court order rather than a subpoena is necessary to obtain the desired information because Cingular
Wireless is an "electronic communications service" and this motion and proposed order seek
records and other information pertaining to a subscriber to or customer of such service. 18 U.S.C.
§ 2703(c).
3. The applicable statute provides:
A governmental entity may require a provider of electronic communication service
or remote computing service to disclose a record or other information pertaining to
'Electronic communications service means "any service which provides to users thereof the
ability to send or receive wire or electronic communications." 18 U.S.C. § 2510(15).
SDNY_GM_02762967
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a subscriber to or customer of such service (not including the contents of
communications) only when the governmental entity —
* * *
(B) obtains a court order for such disclosure under subsection (d) of this section;
18 U.S.C. § 2703(c)(1)(3). Thus a court order is one permitted way to recover transactional data
but not content from an electronic communications service. Subsection (d) states:
(d) Requirements for a court order -- A court order fordisclosure under subsection
(b) or (c) may be issued by any court that is a court of competent jurisdiction
described in section 3127(2XA) and shall issue only if the government entity offers
specific and articulable facts showing that there are reasonable grounds to believe
that the contents of a wire or electronic communication, or the records or other
information sought, are relevant and material to an ongoing criminal investigation.
18 U.S.C. § 2703(d). Thus the burden on the United States in obtaining such an order is to present
specific facts showing reasonable grounds to believe the material sought is relevant to a criminal
investigation.
4. This court is a "court of competent jurisdiction" because it is "a district court of the
United States (including a magistrate of such court) . . ." 18 U.S.C. § 3127(2XA).
5. As further described below, the Federal Bureau of Investigation is investigating
violations of Title 18, United States Code, Sections 2422 and 2423, which outlaw the use of "any
facility or means of interstate or foreign commerce" to persuade, induce, or entice any individual
under the age of 18 to engage in prostitution or sexual activity (§ 2422), and the travel in interstate
commerce for the purpose of engaging in illicit sexual conduct (§ 2423).
6. Beginning in October 2005, the City of Palm Beach Police Department ("PBPD")
began investigating Jeffrey Epstein, a part-time resident of the City of Palm Beach, along with his
personal assistant, PBPD obtained information from a fourteen-year-old girl who
lives in Loxahatchce, Florida, in the Southern District of Florida, and who attended Royal Palm
-2-
SDNY_GM_02762968
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA_00249811
EFTA01333059
Beach High School, also in the Southern District of Florida. The fourteen-year-old girl informed
PBPD that she had been paid $300 by Jeffrey Epstein to perform a "sexual massage," which entailed
providing a massage to Jeffrey Epstein while Epstein was naked and the fourteen-year-old was
wearing only her thong panties. During the massage, Jeffrey Epstein masturbated himself and
touched the fourteen-year-old's vagina over her thong panties both with his hand and with a
vibrator/massager.
7. Following the receipt of the information from the fourteen-year-old, PBPD began
interviewing a series of girls, ranging in age from fourteen through mid-twenties, who reported a
similar series of events.' In particular, the girls described how they were contacted via telephone,
primarily ba, Epstein's assistant, to arrange times for the girls to "work" at Epstein's
home in Palm Beach. The girls would travel to Epstein's home, usually in the company of another
girl. The girls would enter Epstcin's home via the kitchen, where they would be met by Epstein
and/or The girls would be escorted up to Epstein's bedroom where a massage table usually
was already set up. The girls were told to undress — some undressed only partially and some
undressed completely. Epstein would enter the room partially dressed, usually wearing only a towel.
Epstein often would remove the towel and get onto the massage table face down. While lying face
down, Epstein instructed the girl how to massage him, including in some instances "straddling him"
so that Epstein's buttocks and the girl's buttocks touched. After a period of time when the girl
massaged Epstein's back, he would turn over and lie face up. While lying face up, Epstein would
continue to instruct the girl how to conduct the massage. Epstein also would masturbate himselfand
occasionally would manually fondle the vaginal area of the girl — sometimes over the panties,
'All of the girls did not report identical events. This summary includes the most common
occurrences from the girls' interviews.
-3-
SDNY_GM_02762969
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA_002498 I 2
EFTA01333060
sometimes under the panties, and sometimes penetrating the girl's vagina. On most instances,
Epstein also used a vibrator or massager on the girl's vaginal area, again sometimes over the panties
and sometimes under the panties. When Epstein ejaculated, the "massage" was over and the girl was
instructed to get dressed and to return to the downstairs area of the home. The girls received
between $200 and $300 for the sexual massage.
8. In addition to these sexual massages, some of the girls were paid additional sums to
perform more sexual activity, including, for example, engaging in sexual activity with another
female Epstein employee, while Epstein watched.
9. During the course ofPBPD's investigation, a search warrant for Epstein's home was
obtained and executed. Many of Epstein's belongings were removed from the home prior to the
execution of the search warrant — for example, the computer processing units ("CPU's") were
removed from the house but the computer screens, keyboards, cords, etc. were left behind. The
missing CPU's were never recovered. As set forth below, this suggests that, if the targets were to
team of the existence of this Motion and Order, they may destroy evidence.
10. During the search, several telephone message pads were recovered. These message
pads show messages taken from several of the girls who were interviewed and who admitted to
engaging in sexual massages or other sexual activity with Epstein. The messages contained text
such as "I have a female for him" and "has girl for tonight." Some of the messages from the girls
were addressed to Epstein and others were addressed to Epstein's assistant.
Additional messages recovered during the search contained text such as "[V] confirmed at 1I am and
[A] 4 pm."3
1[V] and [A] refer to two of the girls who were interviewed and admitted to engaging in
sexual massages and other activity with Epstein.
-4-
SDNY_GM_02762970
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249813
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11. During the FBI's investigation, some of the girls interviewed by PBPD were re-
interviewed and additional girls were interviewed for the first time. During those interviews, the
girls related that Epstein's assistant, would contact the girls while and Epstein
were still in New York or elsewhere,' in order to arrange "massage" times upon his arrival in Palm
Beach. The FBI also has collected the flight manifests for Epstein's two private planes during the
period of January 2004 through December 2005 as well as cell phone records forM, Epstein,
and some of the girls. The investigation revealed that, prior to flights to Palm Beach would
contact some of the girls via cell phone. The message pads show evidence that the girls responded
to those telephone calls and left messages confirming their "appointments."
12. The investigation has revealed two relevant cell phone numbcrs operated by Cingular
Wireless: which is assigned to Jeffrey Epstein, and which is
assigned to
13. Based on the foregoing, there is reason to believe that the items listed in Attachment
A for Jeffrey Epstein and would yield information relevant and material to the ongoing
criminal investigation and will assist in establishing the use of a facility and means of interstate
commerce and the travel in interstate commerce to engage in illicit sexual conduct and prostitution,
as well as information pertaining to the location from which the telephone calls were made.
14. The United States requests that the Court issue an order authorizing the disclosure
of the items listed in Attachment A for Jeffrey Epstein and for the dates shown thereon.
41n addition to a home in New York, Epstein also maintains a residence in the U.S. Virgin
Islands. Epstein has at least two personal planes and has been known to travel overseas on those
planes. Epstein has access to virtually unlimited assets. Given the seriousness of the potential
charges in this case, there is reason to believe that, if Epstein and his assistant were to learn of the
existence of this Motion and Order, they may flee the United States.
-5-
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15. Applicant further requests that, pursuant to and consistent with the guidelines
enunciated in 18 U.S.C. § 2705(b) and also under the Court's equitable powers, due to the
circumstances described above, the Court direct Cingular Wireless and their agents and employees,
not to disclose to the subscriber, customer, or to any other person, the existence of this application
and any orders pertaining thereto, or of the existence of this investigation, for 90 days for the date
of the Court's Order or until further Order of the Court. As set forth above, there is reason to believe
that notification of the existence of this Motion and Order to the subscriber or others would result
in the destruction of or tampering with evidence, flight from prosecution, or otherwise seriously
jeopardize the ongoing investigation in this matter.
16. Consistent with the purpose of 18 U.S.C. § 2705 and to effectuate that purpose and
also under the Court's equitable powers, the United States further asks that the motion and order be
scaled until the time for production of discovery after the arrest of the target of the investigation, or
until further Order of the Court.
17. Based on the above facts, the United States respectfully requests that the Court issue
the attached order in this matter.
Respectfully submitted,
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By:
Assistant United States Attorney
Florida Bar Nom
500 South Australian Avenue, Suite 400
West Palm Beach, FL 33401
Telephone:
Facsimile:
-6-
SDNY_GM_02762972
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249815
EFTA01333063
ATTACHMENT A
A. All customer or subscriber account information for any accounts registered to or
associated with Jeffrey Epstein, and Jeffrey Epstein, Inc., including but not limited
to telephone numbcrs For each such account, the information
provided should include:
1. The subscriber's account number;
2. The subscriber's address;
3. The subscriber's telephone number or numbers;
4. The subscriber's e-mail address(es);
5. Any other information pertaining to the identity of the subscriber, including
but not limited to credit card number(s) and type(s) and detailed billing summaries;
and
6. Account history for any closed account(s) and the stated reason for closing
any such account(s).
13. A list of all Cingular cell site/cell tower locations along with any code numbers
assigned to each location.
C. For the dates shown below,
1. details for all incoming calls for all accounts identified in paragraph A above;
and
2. cell site/cell tower locations for all incoming and outgoing calls.
12/31/03 through 01/04/04 02/17/04 through 02/20/04
01/06/04 through 01/09/04 03/01/04 through 03/04/04
01/13/04 through 01/16/04 03/09/04 through 03/12/04
02/03/04 through 02/06/04 03/17/04 through 03/20/04
A-1
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03/23/04 through 03/26/04 02/08/05 through 02/11/05
03/31/04 through 04/03/04 02/19/05 through 02/25/05
04/08/04 through 04/11/04 03/02/05 through 03/05/05
04/14/04 through 04/17/04 03/16/05 through 03/19/05
04/20/04 through 04/23/04 04/06/05 through 04/09/05
04/29/04 through 05/02/04 04/25/05 through 04/28/05
05/12/04 through 05/15/04 05/04/05 through 05/07/05
05/19/04 through 05/22/04 05/17/05 through 05/20/05
06/02/04 through 06/05/04 05/27/05 through 05/30/05
06/09/04 through 06/12/04 06/06/05 through 06/09/05
06/18/04 through 06/21/04 06/16/05 through 06/19/05
07/02/04 through 07/05/04 06/28/05 through 07/01/05
07/14/04 through 07/17/04 07/13/05 through 07/16/05
07/20/04 through 07/23/04 07/20/05 through 07/23/05
08/04/04 through 08/07/04 08/16/05 through 08/19/05
08/17/04 through 08/20/04 09/01/05 through 09/04/05
08/23/04 through 08/26/04 09/07/65 through 09/10/05
09/14/04 through 09/17/04 09/16/05 through 09/19/05
09/30/04 through 10/03/04 09/27/05 through 09/30/05
10/06/04 through 10/09/04
10/14/04 through 10/17/04
10/27/04 through 10/30/04
11/03/04 through 11/06/04
11/08/04 through 11/11/04
11/16/04 through 11/19/04
12/01/04 through 12/04/04
12/11/04 through 12/18/04
12/30/04 through 01/02/05
01/04/05 through 01/07/05
01/12/05 through 01/15/05
01/17/05 through 01/20/05
02/01/05 through 02/04/05
A-2
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EFTA_00249817
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UMTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266-1.RJ
_FILED by D.C.
I
IN RE: RECORDS OF THE
ELECTRONIC COMMUNICATIONS
SERVICE KNOWN AS SEP 2 0 2006
CINGULAR WIRELESS CLARCNCI MADDOX
TXu S DIST CT.
SEALED ORDER
THIS MATTER has come before the Court upon the Application Under Seal filed by the
United States of America, for an Order pursuant to 18 U.S.C. § 2703 authorizing the disclosure
of records and other information of the communications service known as Cingular Wireless.
The Court, noting that none of the records sought by this Application (as set forth in Attachment
A) contains the "contents" of any stored electronic communication, the Court finds that the
application has offered specific and articulable facts establishing reasonable grounds to believe
that the records and information sought are relevant and material to an ongoing criminal
investigation into possible offenses involving violations of 18 U.S.C. §§ 2422 and 2423.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Cingular Wireless shall provide to agents of the
Federal Bureau of Investigation the records and information listed in Attachment A for the
accounts and dates listed thereon.
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to 18 U.S.C. § 2706, the
provider of electronic communication service for the cellular telephone accounts shall be
SDNY_GM_02762975
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EFTA 00249818
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compensated for reasonable expenses incurred in providing such facilities and technical
assistance.
The Court finds that there is reason to believe that notification of the existence of this
order to the subscriber or others will result in the destruction of or tampering with evidence,
flight from prosecution, or otherwise seriously jeopardize the ongoing investigation in this
matter. Therefore, pursuant to and consistent with the guidelines enunciated in 18 U.S.C. §
2705(b) and under the Court's equitable powers, IT IS FURTHER ORDERED AND
ADJUDGED that Cingular Wireless and any other provider of electronic communication service
for the cellular telephone accounts, and their agents and employees, shall not disclose to the
subscriber, customer, or to any other person, the existence of this application and any orders
pertaining thereto, or of the existence of this investigation, for 90 days from the date of this
Order, or until further Order of the Court. The Application Under Seal and this Court's Order
shall be SEALED until further Order of this Court, except that copies shall be provided to law
enforcement as necessary to the performance of their official duties.
DONE AND ORDERED in Chambers at Fort Pierce, Florida, this c day of
September, 2006.
A-2-2 A C -
1..laA R. JOHNSON
UNITED STATES MA a TRATE JUDGE
Copy furnished: I ,
I certified b be a true and
coned copy of the document on file
AUSA
Clarence Maddox, Cleric
U. S.
So °;f: Distr:et
. ;attic
Court
f Florida
Pub/ Clork
0: le
-2- /06
SDNY_GM_02762976
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EFTA 00249819
EFTA01333067
AtfAcalalifA
A. All customer or subscriber account information for any accounts registered to or
associated with Jeffrey Epstein, and Jeffrey Epstein, Inc., including but not limited
to telephone numbers and . For each such account, the information
provided should include:
1. The subscriber's account number;
2. The subscriber's address;
3. The subscriber's telephone number or numbers;
4. The subscriber's e-mail address(es);
5. Any other information pertaining to the identity of the subscriber, including
but not limited to credit card number(s) and type(s) and detailed billing summaries;
and
6. Account history for any closed account(s) and the stated reason for closing
any such account(s).
B. A list of all Cingular cell site/cell tower locations along with any code numbers
assigned to each location.
C. For the dates shown below,
1. details for all incoming calls for all accounts identified in paragraph A above;
and
2. cell site/cell tower locations for all incoming and outgoing calls.
12/31/03 through 01/04/04 02/17/04 through 02/20/04
01/06/04 through 01/09/04 03/01/04 through 03/04/04
01/13/04 through 01/16/04 03/09/04 through 03/12/04
02/03/04 through 02/06/04 03/17/04 through 03/20/04
A-1
SDNY_GM_02762977
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EFTA 00249820
EFTA01333068
03/23/04 through 03/26/04 02/08/05 through 02/11/05
03/31/04 through 04/03/04 02/19/05 through 02/25/05
04/08/04 through 04/11/04 03/02/05 through 03/05/05
04/14/04 through 04/17/04 03/16/05 through 03/19/05
04/20/04 through 04/23/04 04/06/05 through 04/09/05
04/29/04 through 05/02/04 04/25/05 through 04/28/05
05/12/04 through 05/15/04 05/04/05 through 05/07/05
05/19/04 through 05/22/04 05/17/05 through 05/20/05
06/02/04 through 06/05/04 05/27/05 through 05/30/05
06/09/04 through 06/12/04 06/06/05 through 06/09/05
06/18/04 through 06/21/04 06/16/05 through 06/19/05
07/02/04 through 07/05/04 06/28/05 through 07/01/05
07/14/04 through 07/17/04 07/13/05 through 07/16/05
07/20/04 through 07/23/04 07/20/05 through 07/23/05
08/04/04 through 08/07/04 08/16/05 through 08/19/05
08/17/04 through 08/20/04 09/01/05 through 09/04/05
08/23/04 through 08/26/04 09/07/05 through 09/10/05
09/14/04 through 09/17/04 09/16/05 through 09/19/05
09/30/04 through 10/03/04 09/27/05 through 09/30/05
10/06/04 through 10/09/04
10/14/04 through 10/17/04
10/27/04 through 10/30/04
11/03/04 through 11/06/04
11/08/04 through 11/11/04
11/16/04 through 11/19/04
12/01/04 through 12/04/04
12/11/04 through 12/18/04
12/30/04 through 01/02/05
01/04/05 through 01/07/05
01/12/05 through 01/15/05
01/17/05 through 01/20/05
02/01/05 through 02/04/05
A-2
SDNY_GM_02762978
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA_00249821
EFTA01333069
Met 092005)Sealed Domment Tracking Fpm
UNITED STATES DISTRICT COURT
Southern District of Florida
Misc. Number 0042004-/M
In Re FILED by D.C.
Records of the Electronic
Communications Service
Known as singular Wireless SEP 20 2006
CLARCHCC MADDOX
CLVTX U.S. DIST. CT.
SEALED DOCUNIENT TRACKING FORM
Party Filing Matter Under Seal Name: u.s. Adam's Office
Address: 500 S. Australian Ave. Suite 400. Mit Palm Beach, FL 33401
Telephone:
On behalf of (select one): CI tiaimiff-katojed- O Defendant
Date sealed document filed: 9/20/2006
If sealed pursuant to statute, cite statute:
If sealed pursuant to previously entered protective order, date of order and docket entry number:
The matter should remain sealed until:
O Conclusion of Trial O Arrest of First Defendant
O Case Closing O Conclusion of Direct Appeal
O Other: ilme for producdon of dboreory or further order of dm Court
O Permanently. Specify the authorizing law, rule, court order:
The moving party requests that when the sealing period expires, the filed matter should be (select one):
O Unsealed and placed in the public portion of the court file O Destroyed
El Returned to the party or counsel for the party, as identified above
A7forney for: Movant united Mates d ArhMci
SDNY_GM_02762979
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249822
EFTA01333070
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06.8266-LID FILED 67 U.C.'
IN RE:
RECORDS OF THE ELECTRONIC SEP 2 0 2006
COMMUNICATIONS SERVICE KNOWN CLAAVICC MADDOX
CT.
CL OS V3. DIST.
AS CINGULAR WIRELESS
MOTION TO SEAL
The United States of America, by and through the undersigned Assistant United States
Attorney, hereby moves to seal its Motion for Order of Disclosure under 18 U.S.C. § 2703:
I. Title 18, United States Code, Sections 2703 and 2705 provide for the disclosure or
non-disclosure of Motions and Orders filed pursuant to Section 2703. Pursuant to 18 U.S.C. §
2703(cX3), the United States is not required to disclose the existence of this Motion and the Court's
Order to the consumer.
2. Title 18, United States Code, Section 2705(b) provides that, when the government
is not required to disclose its request to the customer, a Court can order non-disclosure by the service
provider when such disclosure may result in (1) endangering the life or physical safety of an
individual, (2) flight from prosecution, (3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or (5) otherwise seriously jeopardize an investigation or
unduly delay a trial. General Rule 5.4(B) of the Local Rules of the Southern District of Florida
provides that a document maybe ordered sealed when there is "a reasonable basis for departing from
the general police of a public filing."
3. As set forth in the Motion, there is reason to believe that the disclosure of the Motion
SDNY_GM_02762980
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249823
EFTA01333071
and Order, as well as Cingular Wireless's compliance with the Order would likely result in
tampering with or destruction of evidence or flight from prosecution.
WHEREFORE, the United States respectfully requests that, consistent with the guidelines
enunciated in 18 U.S.C. § 2705(b) and the Court's equitable powers under S.D. Fl. Gen. It 5.4(B),
the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the Order of Disclosure be sealed
until the time for production of discovery after the arrest of theiarget of the investigation or further
Order of the Court.
Respectfully submitted,
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By:
ASSISTANT U.SA.117 RNENY
Florida Bar No.
500 S. Australian Avenue, Suite 400
West Palm Beach, FL 33401
TEL:
FAX:
E-MAIL:
2
S0NY_GM_02762981
SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17
EFTA 00249824
EFTA01333072
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 06-8266-LRJ
FILED by_ _D.C.
IN RE:
RECORDS OF THE ELECTRONIC SEP 2 0 2006
COMMUNICATIONS SERVICE KNOWN
CLARENCE MAROON
AS CINGULAR. WIRELESS CLERK U.S. GIST. CT.
/ $0. OF FlA. • W.P.S.
ORDER
It is hereby ordered that the Motion for Order of Disclosure under 18 U.S.C. § 2703 and the
Order of Disclosure be sealed until the time for production of discovery after the arrest of the target
of the investigation or until further Order of the Court.
DONE AND ORDERED in chambers this day of September, 2006, at Fort
Pierce, Florida.
J r"-
IL JOHNS°
UNITED STATES MAGISTRATE JUDGE
cc: West Palm Beach
Certified to be a true and
coned cocy Of the dte...:rnent on file
Clarence Maddox, Clerk,
U.S. District Court
Soutt rn District gf,Flonda
By
Deputy