EFTA00795282.pdf

Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07)15.2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson FILED by D.C. IN RE: JANE DOE, JUL 0 9 2008 STEVEN M. LARIMORE CLERK U.S. DI CT Petitioner. S O. OF FLA. • DECLARATION OF A. MARIE VILLAFANA IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT. 18 U.S.C. § 3771 I. I, A. Marie Villafafta, do hereby declare that I am a member in good standing of the Bar of the State ofFlorida. I graduated from the University of California at Berkeley School of Law (Boalt Hall) in 1993. After serving as a judicial clerk to the lion. David F. Levi in Sacramento, California, 1 was admitted to practice in California in 1995. 1also am admitted to practice in all courts of the states ofMinnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. EFTA00795282 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 2 of 21 %me •••••• 2. I am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses. 3. Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to Bradley Edwards' three clients, T.M., C.W., and S.R.' Your Affiant's letter to C.W. was provided by the FBI. (Ex. I ). Your Affiant's letter to T.M. was hand-delivered by myself to T.M. at the time that she was interviewed (Ex. 2).2 Both C.W. and T.M. also received letters from the FBI's Victim- Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). S.R. was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. S.R.'s status as a victim of a federal offense was confirmed when she was interviewed by 'Attorney Edwards filed his Motion on behalf of "Jane Doe," without identifying which of his clients is the purported victim. Accordingly, I will address facts related to C.W., T.M., and S.R. All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old. 'Please note that the dates on the U.S. Attorney's Office letters to C.W. and T.M. are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted. -2- EFTA00795283 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07 15.2008 Page 3 of 21 federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to S.R. on May 30, 2008 (Ex. 5). 4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your A ffiant had contact with C.W. and S.R. Attorney Edwards' other client, T.M., was represented by counsel and, accordingly, all contact with T.M. was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.' 5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation ofprostitution, in violation ofFlorida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008, is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein 'The undersigned does not know when Mr. Edwards began representing T.M. or whether T.M. ever formally terminated Mr. Eisenberg's representation. -3- EFTA00795284 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07:15;2008 Page 4 of 21 Nee had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." 6. An agreement was reached in September 2007. The Agreement contained an express confidentiality provision. 7. Although individual victims were not consulted regarding the agreement, sen. eral had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007, T.M. was openly hostile to the prosecution of Epstein. The FBI attempted to interview S.R. in October 2007, at which time she refused to provide any information regarding Jeffrey Epstein. None of Attorney Edwards' clients had expressed a desire to be consulted prior to the resolution of the federal investigation. 8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was C.W. who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been -4- EFTA00795285 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07715:2008 Page 5 of 21 notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement. 9. After C.W. had been notified of the terms ofthe agreement, but before Epstein performed his obligations, C.W. contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent C.W. and several other identified victims. Pro bono counsel was able to assist C.W. in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that C.W. was dissatisfied with the resolution of the matter. 10. In mid-June 2008, Attorney Edwards contacted your Affiant to inform me that he represented C.W. and S.R. and asked to meet to provide me with information regarding Epstein. I invited Attorney Edwards to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney Edwards that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney Edwards had alluded to T.M., so I advised him that, to my knowledge, T.M. was still represented by Attorney James Eisenberg. -5- EFTA00795286 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 6 of 21 N." 11. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had given us. Although all known victims were not notified, your Affiant specifically called attorney Edwards to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented T.M., and I assumed that he would pass on the notice to her, as well. Attorney Edwards informed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present. 12. On today's date, your Affiant provided the attached victim notifications to C.W. and S.R. via their attorney, Bradley Edwards (Exs. 6 & 7). A notification was not provided to T.M. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of T.M.'s prior statements to law enforcement, your Affiant could not in good faith include T.M. as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel. 13. Furthermore, with respect to the Certification ofEmetgency, Attorney FAwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had -6- EFTA00795287 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07)15.2008 Page 7 of 21 already received the Certification of Emergency and Emergency Petition, I received a letter from Attorney Edwards that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition. 14. 1 declare under penalty of perjury, pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct to the best of my knowledge and belief. Executed this day of July, 2008. -7- EFTA00795288 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07 15 200 c- 8 Cif I GOV II:RMAIENT U.S. Department of Justice !AMBIT M amma %map United States Attorney totem Southern District ofFlorida NO, I 300 South Australian Ave . Suite 400 ;Yes: Palm Beach. FL 33401 (361) 820-8711 Facsimile (561) 820-8777 June 7, 2007 2FMERYIYIOD Miss CCM Val Re: Crime Victims' and Witnesses' Rights Dear Miss Wei Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights arc: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. f •:! Members of tie U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent Nesbitt Kuyrkendall from•the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.307-5983. That Office has a website at www.ovc.gov. .„ You can seek the advice of an attorney with respect to the nghts listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for EFTA00795289 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15.2008 Page 9 of 21 missSAM JUNE 7.2007 PAGE 2 In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you are a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent Kuyrkendall or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violambe law:- However, if you are contacted, you have the choice of speaking to that person or refusing tondo do: If you refuse and feel that you are being threatened or harassed, then please • 'contact Special Agent Kuyrkendall or myself. You also are entitled to notification ofupcoming case events. At this time, your case is under investigation) If anyone is charged in connection with the investigation, you will be notified. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Special Agent F.B.I. EFTA00795290 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 re Nmiir GOVERNMENT U.S. Department of Justice EXHIBIT CASE No. 04.30734-Cv -MARRA United States Attorney Southern District ofFlorida 5)0413IT 2 NO. 500 South Australian Ave., Suite 400 West Palm Beach, PG 33401 (561)820-8711 Facsimile: (561) 820.8777 August II, 2006 DELIVF,RY BY HAND Miss Tea Re: Crime Victims' and Witnesses' Rights Dear Miss Me Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered i f you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. f Members of the U.S. Departthent of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent Nesbitt Kuyrkendall from, the Federal Bureau of Investigation at 561 822-5946; You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a websitc at www.ovc.gov. You can seek the advice of an attorney with respect to the rights, listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief. EFTA00795291 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15'2008 Page 11 of 21 MISS IGUST I I, 2006 I'AGE 2 In addition to these rights, you are entitled to counseling and medical services, and hi from intimidation and harassment. If the Court determines that you are a victim, you ..1. . entitled to restitution from the perpetrator. A list of counseling and medical service pio . be provided to you, if you so desire. If you or your family is subjected to any into • harassment, please contact Special Agent Kuyrkendall or myself immediately. It is p. • someone working on behalf of the targets of the investigation may contact you. Such cor not violate the law. However, if you are contacted, you have the choice of speaking to ,ii or refusing to do so. If you refuse and feel that you are being threatened or harassed, d,:- Contact Special Agent Kuyrkendall or myself. You also are entitled to notification ofupcoming case events. At this time, your.... investigation. If anyone is charged in connection with the investigation, you will be Sincerely, It Alexander Acosta United States Attorney By: Assistant United States Attorney cc: Special Agent F.B.I. EFTA00795292 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07115/2,008„Page lack121 \NO U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach January 10. 2:08 Oar Re: Case Number. Dear Cilllea This case Is currently under Investigation. This can be a lengthy process and we request your continued patience while we conducts thorough investigation. Asa crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and timely notice of any public court proceeding. or any parole proceeding, Involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding. unless the COLA after receiving clear and convincing evidence. determines that testimony by the victim would be materially altered If the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing. or any parole proceeding: (5) The reasonable right to confer with the attorney for the Government In the case; (6) The right to full and timely restitution as provided In law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. We wal make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an Individual for the crime. and It coil become the responsibility of the prosecuting Untied States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet el VYWW.Notlty.USOCJ.COV or from the VNS Call Center at 1-866-D0J-4YOU (1.866.365- 4968) (TDD/TTY: 1-866-228-4819) (international; 1.502-213-2767). In addition. you may use the Can Center or Internet to update your contact information and/or change your decision about participation ki the notification program. If you update your Information to include a current email address. VNS will send information to that address. You will need the following Victim Identification Number (VIN) '1941737' and Personal Identification Number (PIN) '5502' anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter Is Via my4.-0 GOVERNMENT E0MMITT CASE NO.08.80735-CV-MAR12A EXHIBIT Na 3 EFTA00795293 Case 9:08-cv-80736-KAM Dccument 14 Entered on FLSD Docket curr5/2t1r-Page '1Ttr21 \sr If you have additional questions which Inv°Ne this matter, please contact the office fisted above. When you can, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notification& it is your responsibility to keep your contact information current. Sincerely. EFTA00795294 Case 9:08:ov:80736-KAM .Document 14 Entered on FLSD Docket 07/45/g008,,4?agertat.oP21 U.S. Department of Justice Federal Bureau of Investigation FBI - West Patin Beech Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: (581) 833-7517 Fax: (561) 833-7970 January 10. 2008 James Eisenberg One Clearlake Center Ste 704 Australian South West Palm Beach. FL 33401 Re. Dear James Eisenberg: You have requested to receive notifications for fl tfl This case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. Asa crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, Involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding. unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at ihat proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (5) The right to lull and timely restitution as provided In law; (7) The right to proceedings free from unreasonable delay: (8) The right to be treated with fairness and with reaped for the victim's dignity and privacy. We will make our best efforts to ensure you are accoreed the rights described. Most of these rights pertain to events occurring after the arrest or Indictment of an individual for the crime, and it will become the responsibility of the prosecuting tinned States Attorney's Office to ensure you are accorded those rights. You may abo seek the advice of a private attorney with respect to these rights. The Victim NotlIcatbn System (VNS) is designed to provide you with direct Information regarding the case as It proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WVVW.Notify.USDOLGOV or from the VNS Cali Center at 1.866-DOJ.4YOU (1.866-365- 4968) (IDD/TTY: 1.866.228.4619) (International: 1.502.213.2767). In addition, you may use the Cal Center or Internet to update your contact information and/or change your decision about participation in the notrficabon program. If you update your information to include a current email address. VNS will send information to that address. You wil need the following Victim Identification Number (VIN) '1941741' and Personal Identification Number (PIN) '7760' anytime you contact the Call Center end the first time you log on to VNS on the Internet. In addition. the first time you access the VHS Internet site, you will be prompted to enter your lest name (or business name) as currently contained in VNS. The name you should enter is Eisenberg. akolit1, NO: 08-30734-CV- OMIT ND. . 4 EFTA00795295 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07 1€2008,-)Page:15th'21 If yOu have additional questions which Involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact Information current. Sincerely. Victim Specialist EFTA00795296 Case 9:08-cv:80736-KAM Document 14 Entered on FLSD Docket 07/45/'200 #04##S9 u t tr-c1- 29— w GOVERNMENT tr.:0118fT U.S. Department of Justice Federal Bureau of Investigation FBI • West Palm Beach CASE NO. 08-90736-CV.MARRA, Suite 500 505 South Fleeter Drive 00-084T West Palm Beach. FL 33401 Nn. Phone: (561) 833-7517 Fax: (561) 633-7970 May 30. 2008 Re: Deer liela Your name wet referred to me FBI'S Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we ere Investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regarding the status of your case. This case Is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation. As a came victim, you have the following rights unoer 18 United States Code § 3771: (1) The right to be reasonably protected from me accused: (2) The right to reasonable, accurate, end timely notice of any public cowl proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving ;lea( and conAnoint evidence, determines that testimony by the victim would be materially altered If the victim heard other testimony at that proceeding: (4) The nght to be reasonably heard at any public proceeding in the district court involving release, plea, sentonelng, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated well fairness end with reseed for the victim's dignity and privacy. We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights. The Victim Notification System (VNS) Is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at v1/1i1AW.Notify.USDO.I.WV or from the VNS Cell Center at 1.866-DOJ-4YOU (1-866-365- 4968) (TDENTTY, 1466-228-4619) (international: 1-502-213.2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your Information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) '2074381' one Personal Identification Number (PIN) '1816' anytime you contact me Cali Center end the first time you tog or to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Rills EFTA00795297 Cabe-9t08-cv-807-36-KAM .Document 14 Entered on FLSD Docket 07/45/2008,,Raget-P ,of)21 0•••••••s a, %MP, %pit • If you have additional questions which Involve this matter, please contact the office listed above. When you cat please provide the file number located at the top of this letter. Please remember, your participation in the notmcation pan of this program Is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current. Sincerely, Victim Specialist TOTAL P.07 EFTA00795298 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07 15 2008 Page 18 of 21 •••••••••... %me GOVERNMENT EXHIBIT U.S. Department of Justice CASE Nops.sys Cy- 1IARR United States Attorney EXHIBIT NO. 6 Southern District ofFlorida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 3340! (560 8204711 Facsimile: (561)820-8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/aViii: NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, Cana vis. On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454MOCXMB and 2008-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00795299 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 0715:2008 Page 19 of 21 BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM a Vat Jur 9,2008 PAGE 2 OF 2 had been tried federally and convicted ofan enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client,(Von is an individual whom the United States was prepared to name as a victim ofan enumerated offense. • to Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300. Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned. Please thank your client for all ofher assistance during the course of this examination and express the heartfelt regards ofmyselfand Special Agents Kuyrkendall and Richards for the health and well-being of Ms. a R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: ASSISTANT U.S. ATTORNEY cc: Jack Goldberger, Esq. EFTA00795300 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07'15'2008 Page 20 of 21 GOVERNMENT EXHIBIT U.S. Department of Justice CASE NCE. ,S-Sir \ RR UnitedStates Attorney EXHIBIT Southern District ofFlorida NO. adiSMI=M•M 500 South Australian Ave.. Suite 400 West Palm Beach FL 33401 (561)820-8711 Facsimile: (56!) 820-8777 July 9, 2008 VIA FACSIMILE Brad Edwards, Esq. The Law Offices of Brad Edwards & Associates, LLC 2028 Harrison Street, Suite 202 Hollywood, Florida 33020. Re: Jeffrey Epstein/sue an NOTIFICATION OF IDENTIFIED VICTIM Dear Mr. Edwards: By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client, a le On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea ofguilty to violations ofFlorida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement ofminors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control 1, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein EFTA00795301 Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07.15'2008 Page 21 of 21 BRAD EDWARDS, ESQ. NOTIFICATION OF IDENTIFIED VICTIM SUMPS. Jun' 9, 2008 PAGE 2 OE 2 had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that your client, S P is an individual whom the United States was prepared to name as a victim of an enumerated offense. ' Should your client decide to file a claim against Jeffrey Epstein, his attorne