EFTA00178967.pdf

:4 /17 /2007 :4L FM Mal: 1/1 Y 1, am L. Richey, P Yiliiaa L. Richey, P.A. TO: 5 PAGE: 002 OF 00; UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FGJ 07-103 (WPB) IN RE GRAND JURY SUBPOENAS DUCES TECUM NUMBERS OLY-63 & OLY-64 FILED UNDER SEAL REPLY OF WILLIAM RILEY AND RILEY KIRA LY TO THE GOVERNMENT'S RESPONSE TO THE MOTION TO INTERVENE AND TO QUASH GRAND JURY SUBPOENAS AND CRO SS MOTION TO COMPEL William Riley and Riley Kiraly ("Riley"). by and through undersigned counsel, file this Reply to the Response of the United States to the Motion of Jeffrey Epstein to Intervene and to Quash Grand Jury Subpoenas and Cross Motio n to Compel to respond to the Government's assertions that Riley failed to appear before the grand jury.' The Government is mistaken. Riley's appearance before the grand jury was origin ally scheduled for July 10. 2007. By the agreement of the parties. that appearance was rescheduled for July 17, 2007. The day before that scheduled appearance, i.e.. July 16. 2007. couns el for Jeffrey Epstein, who seeks to intervene in this matter, was informed by Deputy Chief that Riley did not have to appear physically before the grand jury if a motion to quash the subpoena at issue was filed by Epstein before the end of the day on July 17. 2007. As the Government's Response states. Epstein's motion to quash was filed on July 17, 2007 before the close of business. See Gov't Resp. at 1. Riley was informed of these matters by Roy Black, Esquire. and did not appear in reliance on the Government's agreement with Roy Black . I Undersigned counsel has been out of the country and just recently returned. Accordingly, this Reply has been prepared within days of his return. William L Richey, P.A. 301 South Biscayne Boulevard, 34th Floor, Miami Center, Miami, Florida 331314325 •---- Facsimile EFTA00178967  x/17/.:007 PH FRCII: VI: 1 ar L. Richey, P William L. Richey, P.A. TO:, ' • PAGE: 00"; of FGJ 07-103 (WPB) Therefore, contrary to the Government's claim. Riley did not flout the subpoena. Rather. Riley's non-appearance was known by the Government. and Riley met the condition of that excuse, that is. Epstein timely filed the motion to quash. Respect fully submitted, WILLIAM I.. RICHEY. H.A. 201 South Biscayne Boulevard 344 Floor, Miami Center Miami. Florida 33131 Tel: Fax: B William L. Riche' Ha. Bar No. CERTIFICATE OF SERVICF, I hereby certify that on August 17. 2007, the foregoing document will be served via facsimile and U.S. Mail on counsel, as listed on the attached service list. This document was not filed using CM/ECF because it is bring filed under seal. 011am . Richey William L Ridley, P.A. 201 South Biscaync Bo deism, 34th Floor, Miami Center, Miami, Florida 33131-4325 • - Facsimile EFTA00178968 A/17/2007 ):101 114 FWII: Lis ),1( am L. Pachty, P William L. luchey, P.A. TO: ( PAGE: 0.: FGJ 07-103 (WPII) Service List In re: Grand Jury Subpoenas FOJ 07-103 (WPB) United States District Court, Southern District of Florida Assistant US Attorney 500 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Fax: Roy Black. Esquire Black Srebnick Kornspan & Stumpf 201 South Biscayne Boulevard, Suite 1300 Miami Florida 33131 Fax: -3- William I.. Richey, RA. 201 South Biscayne Bottlevant, 34th Floor, Miami Center, Miami, Florida 33131-43a1 - Facsimile EFTA00178969 x/1./2007 ):27 PM FROM: WiTliAm L. Richey, P William L. Richey, P.A. TO: .,mmin FADE: 002 OF 00'. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FGJ 07-103 ( WPB) IN RE GRAND JURY SUBPOENAS DUCES TECUM NUMBERS FILED UNDER SEAL OLY-63 & OLY-64 MOTION OF AND I FOR AN EXTENSION OF TIME NUNC PRO TUNC TO FILE THEIR REPLY ME arid ('`_'1. by and through undersigned counsel, respectfully request for an enlargement of time. mine pro tune, to file their Reply to the Government's Response to the Motion to Intervene and to Quash Grand Jury Subpoenas and Cross Motion to Compel. In support thereof. states as follows: I. Undersigned counsel has been out of the country recently, only returning on August I I, 2007. By that time, the time to reply to the Government's Response to the Motion of Jeffrey Epstein to Intervene and to Quash Grand Jury Subpoenas and Cross Motion to Compel had already expired. 2. Undersigned counsel received a copy of the Reply tiled by Jeffrey Epstein yesterday, August 16. 2007. Counsel has now reviewed that filing. along with the Government's response. 3. reply is being filed concurrently with this request for an extension of time. 4. Counsel attempted to contact the AUSA in this case to determine whether she would consent to the relief requested herein, however. she is unavailable until next Thursday. August 23, 2007. Accordingly, to prevent further delay, this request is being tiled at this time. 5. This request is not made for the purpose of delay. EFTA00178970  3/11/200' )::7 PH FROM: William L. Richey, P William L. Richey, P.A. TO; 1 -S61-802-17A7 FAG6: 00) OF on!. Pal 07-103 (W1>E1) WHEREFORE and respectfully request that the Court enter an order granting them art extension of time nunc pro rune to file their Reply to the Government's Response to the Motion to Intervene and to Quash Grand Jury Subpoenas and Cross Motion to Compel. Respect(Idly submitted. WILLIAM L. RICHEY, P.A. 201 South Biscayne Boulevard 34th Floor. Miami Center Miami. Florida 33131 William L. Ha. Bar No. Rib CERTIFICATE OF SERVICE I hereby certify that on August 17. 2007. the foregoing document will he served via facsimile and U.S. Mail on counsel, as listed on the attached service list. This document was not filed using CM/ECI because it is being filed under seal. illiam L. Richey cl L Richey, P.A. 201 South Biscayne Boulevard, 34th Floor, Miami Center, Miami, Florida 3.3131-1323 - Facsimile EFTA00178971  8/1 0 /2007 ):27 PM FROM: Wslp an L. Richey, 1, William L. Richey, P.A. TO: '-561-802-1787 PAGE: 000 OF FGJ 07-103 (WPB) Service List In re: Grand Jury Subpoenas FOJ 07-103 (WPB) United States District Court, Southern District of Florida Assistant US Attorney 500 South Australian Avenue. Suite 400 West Palm Beach Florida 33401 Fax: Roy Black. Esquire Black Srebnick Komspan & Stumpf 201 South Biscayne Boulevard, Suite 1300 Miami Florida 33 1 Fax: William 1.. Whey, P.A. 201 South Biscayne Boulevard. 34th Floor, Miami Center, Miami, Florida 331M-4325 • Facsimile EFTA00178972  A/1/200, ):27 PM !Roll: W11•'am L. Richey, P Uilliam L. ktchwf, P.A. TO: • WIIIINES? PAGE: Oin OF 00!. ( UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA RU 07-103 (WPB) IN RE GRAND JURY SUBPOENAS DUCES TECUM NUMBERS FILED UNDER SEAL OLY-63 & OLY-64 ORDER GRANTING MOTION OF1 ' AND FOR AN EXTENSION OF TIME NUNC PRO TUNC TO FILE THEIR REPLY THIS CAUSE came before the Court on the Motion of_, for an Extension of Time Nom Pro Tune to File Their Reply. Upon review of the Motion. it is hereby: ORDERED AND ADJUDGED that the Motion is GRANTED. The Reply of la MI and Mel to the Govenunent's Response to the Motion to Intervene and to Quash Grand Jury Subpoenas and Cross Motion to Compel is deemed timely filed. DONE AND ORDERED in chambers this day of , ')007, at West Palm Beach. Florida. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE cc: William L. Richey. Esquire Roy Black. Esquire EFTA00178973  (Rev. 06/2005)Sealcd Document Tracking Form Corr - - UNITED STATES DISTRICT COURT Southern District of Florida Case Number: RIO" 01 - Io 3 6,0 In ire erand Jury Plaintiff 6 74 bpot etas DU CCS Te-C44 1‘ 0 a-noi &4 SEALED DOCUMENT TRACKING FORM Party Filing Matter Under Seal Name: ROI L-A GI< r e sep . Address: 101 S• • IS IIDtr Nita. /3 3-1- lo42-) On behalf of (se .B— Defendant. Date sealed doe' If sealed pursuai If sealed pursuai er and docket entry number: The matter shou O Conclusion Arrest ofFirst Defendant O Case Closin Conclusion of Direct Appeal tirOther: ti LOOM' &bell C • if no Mob'Cfntet, Ci Perrnanen t13 is it-furi piled pernictocn-l-ti please • The moving part filed matter should be (select one): O Unsealed anu ptaLeu rn toe public portion of the court file 0 Destroyed ❑ Returned to the party or counsel for the party, as identified above Vegvne-i‘ coy. licni$Attar yfor:gtAcx, -. Wonispa,1 cund Stu. sniff PA 0$4 60404 of- IrVi-eirVeletthe J-CfereAl ep-feit-) EFTA00178974  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IN RE GRAND JURY SUBPOENAS DUCES TECUM NUMBERS ) CASE No. FGJ 07-103(WPB) OLY-63 and OLY-64 UNDER SEAL EFTA00178975  UNDER SEAL NOTICE OF UNAVAILABILITY OF COUNSEL FOR INTERVENOR Jeffrey Epstein has moved to intervene in this matter and to quash grand jury subpoenas to investigator and his firm, Mr. Epstein is represented by undersigned counsel Roy Black. The issues raised by the motions to intervene and to quash have been briefed and the parties await a hearing date from the Court. Undersigned counsel would like to inform the Court that he is out of the jurisdiction on a family vacation until September 1, 2007. We respectfully request that any hearing the Court may scheduled in this matter be scheduled after September 1, 2007, at the Court's discretion. Undersigned counsel spoke with the prosecutor, who indicated that the government objects. Respectfully Submitted, BLACK, SREBNICK, KORNSPAN & STUMPF, PA. 201 South Biscayne Boulevard Suite 1300 Miami Florida 33131 Ph: — Fax: E-Mail: By: ffot R BLACK, ESQ. Florida Bar No. Counsel for Jeffrey Epstein 2 Black. Srebnkk. Komspan & Stumpf 2015. Biscayne Boulevard. Suite 1300 • Miami. Florida 33131 • Phone: 305-371-6421 • Fat •www.Royffiack.corn EFTA00178976  CERTIFICATE OF SERVICE I HEREBY CERTIFY that on Ihtri. 14.O.00* a true and correct copy of the forging motion was furnished by email and by U.S. mail to: United States Attorney's Office, 500 South Australian Avenue, Suite 400, West Palm Beach, FL 33401. This pleading was not filed using the CM/ECF system because it pertains to a grand jury investigation and therefore it has been filed under seal. By: vezzczia4 Fop- ROY ilLACK, ESQ. Counsel for Jeffrey Epstein 3 Black. Srebnick. Komspan & Stum f 2015. Biscayne Boulevard. Suite 1300 • Miami. Florida 33131 • Phone: • Fax: • www.RoyBlack.com EFTA00178977  e/7/2007 2:01 PH FROM: Wally %. Richey. P William L. Richey. P.A. TO: PAGE: 002 01" 002 Miami Office August 7, 2007 Assistant US Attorney Via Facsimile No. 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 RE: Grand Jury Subpoena CASE NO. FGJ 07-103(WPB)/No. OLY-64 Dear Ms. Please accept this letter as notice that will be out of town (tom August 13,2007 through August 15, 2007 and both Mr. and I will be out of town from September 5, 2007 through September 16, 2007. If you wish to schedule anything, please be so kind as to contact my assistant, • Linda Vasserot and she will be glad to coordinate dates with you. Sincerely, William L. Richey Transcnbed as Dictated.• Minted & Approved for Electronic Transmission Absent Signature WLR/ dct EFTA00178978  U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Australian Ave.. Suite 400 ch, FL 3340! Facsimile: July 16, 2007 VIA FACSIMILE Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Re: Correspondence Dated July 13. 2007 Dear Mr. Black: Thank you for your letter of July 13, 2007. You and your firm are neither a subpoenaed party nor counsel to a subpoenaed party. Accordingly, pursuant to the Federal Rules of Criminal Procedure, I am not at liberty to discuss this matter with you. Moreover, it is not the practice of this Office to discuss internal Department of Justice policies with non-Justice Department personnel. If Mr. believes he has cause to move to quash the subpoena, or if Mr. Epstein does for that matter, counsel for the respective parties should so move. Otherwise, we expect compliance by tomorrow, which includes a one-week extension already requested by Ms. Sanchez prior to Mr. Richey's appearance as counsel for Mr...I Sincerely, R. Alexander Acosta B Assistant United States Attorney cc: , Esq. William Richey, Esq. Lilly Ann Sanchez, Esq. EFTA00178979  U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 ch, FL 33401 Facsimile: July 16, 2007 VIA FACSIMILE William L. Richey, Esq. William L. Richey, P.A. 201 S. Biscayne Blvd, 34th Floor Miami, FL 33131 Re: SARglatilMill I Dear Mr. Richey: I have not received a motion to quash the subpoena served upon Mr.Mil, so I expect that your client will appear before the grand jury tomorrow fnow, I believe that his appearance will be at 4:00 p.m. but contact my assistant , later this morning for confirmation of the start time.l.= can be reached at Sincerely, R. Alexander Acosta United States Attorney fn A By: Assistant United States Attorney cc: Esq. EFTA00178980  U.S. Departm of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor Wes Palm B ch, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: Roy Black, Esq. DATE: July 16.2007 FAX NO. _ # OF PAGES: 2 PHONE NO. _ RE: FROM: , Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00178981  U.S. Departni, of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor lm B ch, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: Lilly Ann Sanchez DATE: July 16, 2007 FAX NO. # OF PAGES: 2 PHONE NO. RE: FROM: , Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00178982  U.S. Departni of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor IVe • Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: William L. Richey. Esq. DATE: July 16, 2007 FAX NO. # OF PAGES: 3 PHONE NO. _ RE: FROM: Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00178983 07/16/2007 09:33 FAX USA0 WPB FL 0001 ****************t**** es* TX REPORT 3** ********************* TRANSMISSION OK TX/RX NO 0076 CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME 07/16 09:32 USAGE T 01'12 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor ch, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: William L. Richey. Esq. DATE: July 16, 2007 FAX NO. # OF PAGES: 3 PHONE NO. RE: FROM: , Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00178984 07/16/2007 09:31 FAX MAO WPB FL Zoo' ********************* *** TX REPORT :ItS ********************* TRANSMISSION OK TX/RX NO 0075 CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME 07/16 09:30 USAGE T 01'00 PCS. SENT 2 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: Roy Black, Esq, DATE: July 16.2007 # OF PAGES: 2 FAX NO. PHONE NO. _ RE: FROM: Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00178985 07/16/2007 09:34 FAX USA0 %MB FL 3***************3**** 3** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 0077 CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME 07/16 09:33 USAGE T 00'52 PGS. SENT 2 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida S00 S. Australian Ave. 4th Floor West Palm Beach, Florida 3340! (SO) 820-fi sm Facsimile FACSIMILE COVER SHEET TO: Lilly Ann Sanchez DATE: July 16. 2007 # OF PAGES: 2 FAX NO. PHONE NO. _ RE: FROM: Assistant U.S. Attorney PHONE NO. COMMENTS: EFTA00178986  BLACK ROY BLACK HOWARD M. SREBNICK SREBNICK CHRISTINE M. NO SCOTT A. KORNSPAN LARRY A. STUMPF KORNSPAN JESSICA FONSECA-NADER KATHLEEN P. PHILLIPS MARIA NEYRA STUMPF AARON ANTHON MARCOS BEATON, JR. JACKIE PERCZEK PA._. MATTHEW P. O'BRIEN MARK A.J. SHAPIRO JARED LOPEZ E-Mail: July 13, 2007 VIA FACSIMILE AND U.S. MAIL Esq. Assistant United States Attorney Office of the United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re: Grand Jury Subpoena - William Riley Dear Ms. NM I represent Jeffrey Epstein, the target of a pending Grand Jury investigation. Prior to the initiation of this federal investigation, I represented Mr. Epstein on a Palm Beach Florida State Attorney's Office investigation and subsequently an Information, the factual basis of which is identical to, and gave rise to, the federal investigation presently underway. In connection with my earlier representation of Mr. Epstein, I hired Mr. William Riley as a private investigator to act under my direction in anticipation of defending Mr. Epstein against possible criminal charges and any litigation which may have followed. All his investigations were done as my agent and thus are covered by the work product privilege, and all communications to him are protected by the attorney client privilege. Though we are not conceding the existence of any computers that would be responsive to the subpoena served upon Mr. Riley, to the extent there are any such computers, they would contain documents that are privileged attorney-client communications and attorney work-product. Your subpoena also asks for materials describing the scope of his investigation and thus they are our work product. • Fax: • www.RoyBlack.com 2O1 S. Biscayne Boulevard. Suite 13OO • Miami, Florida 33131 • Phone: EFTA00178987  , Esq. July 13, 2007 Page 2 ual, Guidelines for As you know, the United States Attorney's Office Man s for Information Relating to Issuing Grand Jury and Thal Subpoenas to Attorney client and work-product the Representation of Clients, requires that the attorney subpoena issued to Mr. Riley privilieged information sought by the Grand Jury General for the Criminal must first be authorized by the Assistant Attorney Division before it may issue. e sections of the Therefore, please advise me as to whether the applicabl lied with prior to the issuance United States Attorney's Office Manual was comp advise as to the preliminary of the Grand Jury subpoena to Mr. Riley. Please also oena, as required by the steps taken in advance of the issuance of the subp of the Assistant Attorney Manual. Finally, please provide me with the name evaluation of the request for General of the Criminal Division who undertook the on of the Manual and, if the Grand Jury subpoena, as required by the same secti stant determined that the an evaluation was made, the basis upon which the Assi by a valid claim of privilege. information sought in the subpoena was not protected Sincerely, RB/wg Black. Srebnick. Kornspan & Stumpf, P.A. EFTA00178988  11 : M FF 11 k . Richey, P William I.. Richey, P.A. TO: 1-, " -820-8777 PAGE: 002 OP 002 Wi'LLIAM L. RICHEY, P.A. 40:: Sou :It Biscayne Boulevard 5501 SW Sunshine Farms Way Fln x, Miami Center Palm City, Florida 34990.5696 Miami, ;bride 33131.4325 Telephona *Igeepl.n: :Fa. ziroi e: Please Reply To: Miami Office July 9, 2007 As 3i stant US Attorney Via Facsimile No. 1- S00 South Australian Avenue, Suite 400 WI !st Palm Beach, Florida 33401 RE: Grand Jury Subpoena CASE NO. FGJ 07-103(WPB)/No. OLY-64 Cc ar Ms. Please accept this letter that William Riley will be out of the country starting July Li, 2007 and returning on July 23, 2007. Also please remember that I am out of the co entry from July 21, 2007 through and including July 31, 2007. If you wish to schedule anything, please be so kind as to contact my assistant, Lb Ida Vasserot and she will be glad to coordinate dates with you. Sincerely; William L. Richey Signed in Mr. Ricliey's absence to avoid del Vi _2/ dct EFTA00178989  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA GRAND JURY MATTER FILED UNDER SEAL IN RE GRAND JURY SUBPOENAS ) DUCES TECUM ISSUED TO ) FGJ 07-103 (WPB)/No. OLY -64 WILLIAM RILEY AND RILEY KIRALY MOTION OF JEFFREY EPSTEIN TO INTERVENE AND TO QUASH GRAND JURY SUBPOENAS AND INCORPORATED MEMORANDUM OF LAW Now comes Jeffrey Epstein and respectfully moves this Honorable Court, pursuant to the Fourth and Fifth Amendments to the United States Constitution and to Fed. R. Crim. P. 17(c), for an Order: A. permitting him to intervene in the matter of two grand jury subpoenas duces tecum issued to William Riley and Riley Kiraly, respectively, and to move to quash said subpoenas; and B. quashing the above referenced subpoenas which require Mr. Riley to appear before the grand jury and to bring with him: 1. All computer equipment and electronic storage media removed from the residence located at 358 El Brillo Way, Palm Beach Florida, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. Black. SrebnIdc. ICanspanS. 201 S. Biscayne Boulevard. Suitc 1300 • Miami. Florida 33131 • Phone: • It • www.RoyBlack.com EFTA00178990  2. All computer equipment and electronic storage media that currently belongs to, or has ever belonged to, Jeffrey Epstein, including but not limited to central processing units ("CPUs"), laptop computers, keyboards, printers, modems, routers, hard drives, flash drives, thumb drives, CD-Roms, DVDs, floppy diskettes, digital cameras, and memory cards. 3. All documents and information related to the nature of the relationship between Mr. William Riley and/or Riley Kiraly and Mr. Jeffrey Epstein, including, but not limited to, retainer agreements; employment agreements; billing statements (whether submitted directly to Mr. Epstein or to a third party for reimbursement); records of the dates when services were performed and the hours worked; telephone logs or records of dates of communications with Mr. Epstein (or with a third party on Mr. Epstein's behalf); appointment calendars/datebooks and the like (whether in hard copy or electronic form) for any period when work was performed on behalf of Mr. Epstein or when any communication was had with Mr. Epstein (or with a third party on Mr. Epstein's behalf); and records of fee arrangements and payments received for work performed on Mr. Epstein's behalf. The baies for the requested relief are as follows: A. the compelled production of these items, assuming they exist, would violate Mr. Epstein's rights under the Fifth Amendment to the United States Constitution; B. such production of these items, assuming they exist, would further violate Mr. Epstein's Sixth Amendment right to effective assistance of counsel as well as his attorney-client and work-product privileges; 2 Black, Srebnick. Komspan & Slum f 201 S. Biscayne Boulevard. Suite 1300 • Miami. Florida 33131. Phone: • Fax • www.Koyulack.com EFTA00178991  C. the subpoenas are unreasonable and oppressive and overbroad and unparticularized, in violation of the Fourth Amendment to the United States Constitution, the Due Process Clause of the Fifth Amendment, and Fed. R. Crim. Proc. 17(c); and D. the subpoenas call for purely private papers in violation of the Fifth Amendment under Boyd v. United States, 116 U.S. 616 (1886). As further reason therefore, Mr. Epstein refers the Court to the Memorandum of Law incorporated herein. 3 Black, Srcbnick. Kornspan & Slum 201 S. Biscayne Boulevard. Suite 1300 • Miami. Florida 33131. Phone: • lax: • www.RoyBlack.com EFTA00178992  MEMORANDUM OF LAW In or about March 2005, the Palm Beach Police Department initiated a criminal investigation of Jeffrey Epstein to determine whether he committed any criminal acts in connection with allegations that he paid women to provide massages to him in his home. According to information obtained by the local police, one or more of the women so engaged was under the age of 18 at the relevant time. Affidavit of Roy Black, Esq., sworn to July 17,. 2007, annexed ("Black Aft") 73. Following a 16 month investigation, on July 17, 2006, Mr. Epstein was charged under Florida law with one count of soliciting a prostitute, a third degree felony. That charge is still pending. Black Aff. 75. In the fall of 2005, prior to being charged with any wrongdoing, Mr. Epstein retained Roy Black, Esq., to represent him in connection with the then ongoing state investigation. Black Aff. ¶3. Mr. Black in turn hired William Riley of Riley Kiraly, a private investigation firm, to assist him in his representation of Mr. Epstein. Black Aff. 74. During the course of the state investigation, law enforcement authorities concluded that at some time, one or more computers had been removed from Mr. Epstein's home by a private investigator working at the instruction of Mr. 4 Black. Srehnick. Kornspan & Slum f 201 S. Biscayne Boulevard. Suite 1300 • Miami. Florida 33131 • Phone: • Fax: • www.RoyBlack.com EFTA00178993  Epstein's counsel. It is those computers;' the testimony of the private investigator; and documents relating to the retention and to the work-product of the investigator that are sought by the subpoenas. Both prior to the charge being brought and thereafter defense counsel were provided with open disclosure of the state's evidence. Black Aff. 16. As a result, all or virtually all of the evidence obtained by the state in its investigation has been reviewed by the defense. Id. Included in the materials reviewed are the audio and/or video taped sworn statements of 18 witnesses, transcripts of all 18 of those recorded sworn statements, the transcript of one additional sworn statement, and over 125 pages of documents prepared by the Palm Beach Police Department which detail every sworn statement obtained by detectives, every interview conducted by detectives, all their investigative efforts, and all the evidence gathered. Id. These documents include the entire police file, as well as the probable cause affidavits prepared by Palm Beach detectives and the application for a search warrant of Mr. Epstein's home. Id. Reviewing these materials has afforded the defense with a thorough understanding of the factual bases for any allegations that have been, or could have been, made against Mr. Epstein. Black Aff. ¶7. We do not concede the existence of any such computers. However, for purposes of this motion, we refer herein to "computers" as if one or more computers described in the subpoenas do exist. 5 Black. Srebnick. Komspan S& ni 201 S. Biscayne Boulevard. Suite 1300 • Miami, Florida 33131 • Phone: • Fax • www.RoyBlack.com EFTA00178994  In approximately January 2007, a grand jury in the Southern District of Florida initiated what was termed a "parallel" investigation to determine whether the conduct in which Mr. Epstein had allegedly engaged violated federal laws, including violations of 18 U.S.C. §2423 (travel for the purpose of engaging in unlawful sexual activity); and 18 U.S.C. §2422(b), use of the Internet or other means of interstate communication to persuade, entice or coerce another to engage in unlawful sexual activity. Black Aff. 11. We understood the conduct being scrutinized by the federal grand jury was the same as the subject of the state prosecution. Black Aff. $8. Indeed, during the course of the federal investigation, prosecutors asked for and were provided with copies of the 18 recorded sworn witness statements, and further asked for copies of the transcripts of those sworn statements. Id. That the two investigations examine the same alleged conduct is also clear from Palm Beach Police Chief Michael S. Reiter's letter expressing the Department's displeasure with the actions of the state grand jury and State Attorney's Office, and explaining he was referring the matter to federal authorities in order to initiate a federal investigation of the facts. Black Aff. 919, see also Black Aff. Exhibit "B". At the same time, the Palm Beach Police Department both publicly released copies of its files, including the 87 page police report and 6 Black. Srebnick. Kornspan & Stum f 201 S. Biscayne Boulevard. Suite 1300 • Miami. Florida 33131 • Phone: • Fax: • www.RoyBlack.com EFTA00178995  probable cause affidavits prepared by its detectives, an