EFTA01113584.pdf

Case 9:08-cv-80736-KAM Document 54 Entered on FLSD Docket 03/28/2011 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 08-80736-CIV-MARRA/JOHNSON JANE DOE #1 and JANE DOE #2, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. NOTICE OF OBJECTION Petitioners Jane Doe 1 and Jane Doe 2 have moved for disclosure of settlement letters between the U.S. Attorney's Office and the lawyers who represented Jeffrey Epstein during a federal criminal investigation. [DE 50 at 5). Doe 1 and Doe 2 seek to use these letters as evidence in this civil matter, and request the Court's permission to disseminate the letters to the international media [DE 511. Even though the letters are sealed and subject to a protective order issued by the Magistrate Judge in the related case 9:08-CV-80893, at least one of these letters was leaked last week to The Daily Beast, an online "omnivorous guide" to gossip and news that boasts 51 million web page views.' Some ofthe lawyers who represented Jeffrey Epstein during the federal criminal investigation and whose work product was included in the settlement letters, object to the release and dissemination the settlement letters. These lawyers will be filing a motion to intervene and a memorandum of law within the 14-day period provided by the Rules to respond to DE 50 and DE The Daily Beast, www.ihedailybeast.conilblogs-ond-siories/2011-03-25/jeffrey- epstein-how-the-billionaire-pedophile-got-offeasy/2/, last visited March 27, 2011. EFTA01113584 Case 9:08-cv-80736-KAM Document 54 Entered on FLSD Docket 03/28/2011 Page 2 of 3 51, which Doe 1 and Doe 2 filed on March 21, 2011. Members of the defense team will be objecting and seeking a protective order on the grounds that the letters fall under the protections of opinion work-product of the lawyers, as well as the broad protections of Federal Rules of Evidence 410 and 408, Federal Rule of Criminal Procedure 11, and the constitutional right to effective assistance of counsel. The lawyers will also object to dissemination of these letters because they contain information from the grand jury's investigation, and this information is confidential pursuant to Federal Rule of Criminal Procedure 6(e). In an abundance of caution, defense team members Roy Black and Martin Weinberg, two of the attorneys who represented Jeffrey Epstein during the investigation, are filing this pleading to provide notice to the Court and the parties of the intention to object to the disclosures sought by Doe I and Doe 2. A motion to intervene for this purpose, and a memorandum of law, will be filed no later than April 4, 2011. Attorney Martin Weinberg, a member in good standing of the Massachusetts Bar, will be filing a motion for permission to appear pro hac vice in these proceedings. We certify that on March 28, 2011, we electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system. 2 EFTA01113585 Case 9:08-cv-80736-KAM Document 54 Entered on FLSD Docket 03/28/2011 Page 3 of 3 We also certify that a copy of the foregoing was sent via separate email to all counsel of record. Respectfully submitted, MARTIN G. WEINBERG, P.C. BLACK, SREBNICK, KORNSPAN 20 Park Plaza & STUMPF, P.A. Suite 1000 201 South Biscayne Boulevard Boston, MA 02116 Suite 1300 Office: (617) 227-3700 Miami, Florida 33131 Fax: (617) 338-9538 Office: (305 1- 21 Fax: (305) 6 By ) By r isilARTIN G. WEINBERG, ESQ. Massachusetts Bar No. 419 lei, ROY BLACK, ESQ. Florida Bar No. 919063 3 EFTA01113586