EFTA01099834.pdf

Response to R4P #7 Correspondence between BJE and US Government Regarding Epstein In BJE Possession EFTA01099834 Case 9:08-cv-80736-KAM Sument 30-? Aw Egneiticoi FLSD Diet 10/16/2008 Page 1 of 2 AND ASSOCIATES - October 9, 2008 AUSA United States Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 Re: Jane Doe # and Jane Doe #2 v. United States of America Case No.: 08-80736-CIV-MARRA/JOHNSON Dear MI I am writing to call to your attention two potentially false statements that the Government made, albeit inadvertently, in a sworn declaration submitted to the Court in connection with the above-captioned case. I request that your office file a corrected declaration and accompanying explanation. e first statement is found at page 3 to 4 of the July 9111, 2008 declaration of mil There a provision in a plea agreement with Mr. Jeffrey Epstein is recounted. As we understand the Government's current position in this case, it is that this provision is not in fact part of the plea agreement in this case. If our understanding is correct, then has filed a false affidavit with the court, albeit inadvertently. We respectfully request that she file a new affidavit that corrects this false information, along with all other information relevant to understanding how the false information came to be provided to the court — and to the victims in this case. This correction should, in my view, include more details about how Epstein and his attorneys approved a submission of false information to the victims as you stated on Page 5, n.2 in your October 8, 2008 filing "Respondent's Opposition to Victims' Motion to Unseal Non- Prosecution Agreement" — presumably knowing that litigation surrounding the victims' rights issues was on-going and that such false information might be ultimately presented to the court. Such information is highly relevant to what remedy the victims might ultimately choose to seek for violations of their rights in this case. The second statement may or may not be false, but may need some clarification. At page 4 of declaration, she states that "pin October 2007, shortly after the agreement was signed, four victims [including= were contacted and these provisions were discussed' (emphasis added). Similarly at page 5, the declaration states: "After had been notified of the terms ofthe agreement ....." (emphasis added). I write to inquire whether, in view of the fact that the provision noted above is not in fact (according to the Government's current view) part of the plea agreement, whether this was the provision that the government (inaccurately) discussed with the victims. Put another way, I am wondering whether the Government will now stipulate that it, at most, discussed with the victims a provision in the plea agreement that never was actually part of the plea agreement. EFTA01099835 Case 9:08-cv-80736-KAM Sument 30-2 Entered on FLSD et 10/16/2008 Page 2 of 2 United States Attorney's Office October 9, 2008 Page Two I continue to be interested in working out a joint stipulation of proposed facts in this case with the Government. If you would like to proceed in that direction, please give me a call. If, hovvever, the Government is not willing to work out a joint stipulation of facts, then I need to have the record be as clear as possible, and at a minimum would request that the Government correct the inaccurate information it has provided to the court and clarify precisely how such inaccurate information came to be made a part of the record and the extent to which Mr. Epstein, through his attorneys, was culpable. Sincerely, BEJsg Brad Edwards EFTA01099836 Case 9:08-cv-80736-KAM ilkument 3o-p A w ESic FLSD Dirt 10/16/2008 Page 1 of 2 (4 - ?ezelegtiaell AND ASSOCIATES October 15, 2008 AUSA United States Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 Re: Jane Doe # and Jane Doe #2 v. United States of America Case No.: 08-80736-CIV-MARRA/JOHNSON Da I am writing to inquire about whether Mr. Epstein has violated his Non-Prosecution Agreement with the Government. As you know, the Government has repeatedly described the Non-Prosecution Agreement as guaranteeing to the victims of Epstein's sexual abuse at least $150,000 in civil damages. The Government has made these representations in reliance on a current provision in the U.S. Code —. 18 U.S.C. § 2255(a) — which provides for an automatic amount of damages of at least $150,000. At the time that the Non-Prosecution Agreement was drafted and signed, that was the law that was in effect. In Epstein's latest filing in federal court, however, he takes the position that the pre-2006 Amendments version of the law applies. See Defendant Epstein's Motion to Dismiss, for More Definite Statement and To Strike Directed to Plaintiff Jane Doe's Complaint at 9, Jane Doe v. Jeffrey Epstein, No. 08-CIV-80893-Marra/Johnson (discussing § 2255 and stating that the "applicable version of the statute" is "pre-2006 Amendments"). The 2006 Amendments altered § 2255(a), by increasing the presumed minimum damages from $50,000 to $150,000. See Pub. L. 109-248, Title VII, § 707(b), (c), July 27, 2006, 120 Stat. 650. In light of Epstein's latest filing, I write to ask several questions: (1) Would you stipulate that you told me several times that Epstein had agreed to pay at least $150,000 to the identified victims of his abuse? (2) Did Epstein in fact agree to pay damages to the identified victims of his abuse at least $150,000? (3) Did the Government tell victims, either directly or through counsel, that Epstein had agreed to pay his victims at least $150,000? EFTA01099837 Case 9:08-cv-80736-KAM •ument 30-3 Entered on FLSD DSet 10/16/2008 Page 2 of 2 \USA United States Attorney's Office October 15, 2008 Page Two (4) Is Epstein in compliance with his Non-Prosecution Agreement with the Government when he is now taking the legal position, through his attorneys, that he only has to pay the victims $50,000 damages under § 2255? Thank you for any clarification you can provide on these questions. Sincere BE/sg Brad Edwards cc: AUSA United States Attorney's Office 500 South Australian Avenue West Palm Beach, Florida 33401 EFTA01099838  AND ASSOCIATES July 17, 2008 AUSA e tates ttorney s Office 500 South Australian Avenue West Palm Beach, Florida 33401 Re: Proposed Stipulated Facts for In Re Jane Doe Dear l Thank you for your recent proposed stipulation of facts in this case. I believe that we have considerable common ground. At the same time, however, it appears to me that a few areas of potential disagreement are arising. In view of that, and to avoid any misunderstandings, I thought it might be useful to send a short letter outlining several requests and issues for resolution before I send you back my proposed stipulated facts. I. I am working with two other attorneys on this case — Jay Howell in Jacksonville, Florida, and Professor Paul Cassell in Salt Lake City, Utah. Because they were not in court for the hearing last Friday, they will need to review a transcript of the hearing before our legal team can agree to any stipulated facts. I have requested a transcript, but the preparation of it will apparently take several weeks. Do you have any way of expediting the preparation of the transcript by requesting it yourself? Also, as you know, my clients are indigent. As part of the Government's responsibility to use its "best efforts to see that crime victims are . . . accorded[] the rights" in the CVRA, 18 U.S.C. § 3771(c)(1), I was wondering whether the Government would'be willing to pay for the transcript. 2. Your proposed stipulation indicates that in September 2007 the U.S. Attorney's Office reached an agreement with Epstein to resolve the case, which was then modified in October and December of that year. While this seems plausible, to stipulate to the facts, 1 would obviously need to see copies of those three agreements. Moreover, because the circumstances surrounding the initial agreement and its later modification are now the subject of litigation, my client is entitled to see them. See 18 U.S.C. § 3771(a)(8) (victim's right to "be fairness"). In addition, your proposed stipulation states that: "On July 9, 2008, AUSA sent a victim notific to Jane Doe #1 via her attorney, Bradley Edwards, which is attached as Exhibit 6 to the Declaration. That notification contains a written explanation of thefull terms of the agreement between Epstein and the U.S. Attorney's Office." I am puzzled by this proposed stipulation, as your July 9 letter explicitly noted that it was covering only some of the provisions in the agreement. Perhaps the fact that I have not yet received the agreement is all just an oversight on your part, and you had intended to give me the "full terms" of the plea agreement that was ultimately reached. In any event, the simplest way to proceed at this point is for the plea agreement — and the earlier versions -- to be provided to me so that I can review EFTA01099839  AUSA United States Attorney's Office Page 2 them with my clients. Of course, no possible harm to the Government can come from the release of the documents, as this criminal matter is now concluded — at least from the Government's perspective. 3. I am wondering about your position on the confidentiality provision in the agreement. As I understand things from your proposed stipulation, in September 2007 you "reached" an agreement with Epstein's attorneys that "contained an express confidentiality provision." Are you taking the position that this "express" provision barred disclosure of the substance of the agreement to my clients? And, if so, would you stipulate that the FBI agents and your office complied with the provision up through June 30 when, I assume, the confidential provision expired as Epstein entered his guilty plea in open court? 4. Your proposed stipulation indicates: On October 26, 2007, met in person with ane oe . Z e pecia Agents explained that the investigation had been resolved, that Epstein would plead guilty to state charges, he would be required to register as a sex offender for life, and he had made certain concessions related to the payment of damages to the victims, including Jane Doe #1. During this meeting, Jane Doe #1 did not raise any objections to the resolution of the matter. From the drafting of this proposed stipulation, it appears that you may be working from a Report of Interview with my client (i.e., an FBI 302). My client has a differing recollection of some aspects of that meeting. Of course, she did not take notes of the meeting. Therefore, I ask that you provide me (the relevant parts of) any report of this meeting as well as reports of any other meetings relevant to the matters at hand. I believe that my client is entitled to a copy of (the relevant parts of) the reports of interviews with her. Of course, a criminal defendant would be entitled to such documents. See Fed. R. Crim. P. 16(a)(1)(A) & (B). As an innocent victim in this matter, my client should be treated with at least the same consideration. See 18 U.S.C. § 3771(a)(8) (victim's right to "be treated with fairness"). 5. I am hoping that the Special Agents' and my client's recollections about one point of the October 26th meeting coincides: that she was never told that the agreement blocked all federal prosecution for the crimes at hand. Is a stipulation on that point agreeable? EFTA01099840  • AUSA United States Attorney's Office Page 3 6. You mention your assistance in securing pro bono counsel for Jane Doe RI to help prevent harassment. I trust that you would be willing to stipulate that you did not mention the federal non-prosecution agreement to this counsel and that you did not mention that a plea agreement had already been reached. Professor Cassell has spoken to Meg Garvin, Esq., at the National Crime Victims' Law Institute, and that is her recollection of the events. 7. I think that your proposed stipulation regarding my contact with the office is somewhat abbreviated. I wonder what you would think about the following: In mid-June 2008, Mr. Edwards contacted to inform her that he represented Jane Doe #1 and, later, Jane Doe #2. Mr. Edwards asked to meet to provide information about the federal crimes committed by Epstein, hoping to secure a significant federal indictment against Epstein. AUSA and Mr. Edwards discussed the possibility of federal charges being e . t the end of the call, asked Mr. Edwards to send any information that he wanted considered by the U.S. Attorney's Office in determining whether to file federal charges. Because of the confidentiality provision that existed in the plea agreement, Mr. Edwards was not informed that, in September 2007, the U.S. Attorney's Office had reached an agreement not to file federal charges. Mr. Edwards was also not informed that any resolution of the criminal matter was imminent. On July 3, 2008, Mr. Edwards sent to -a letter, a true and correct copy of which is attached. In the letter, Mr. Edwards indicated his desire that federal charges be filed against defendant Epstein. In particular, he wrote on behalf of his clients: "We urge the Attorney General and our United States Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr. Epstein has committed, and we further urge you to take the steps necessary to protect our children from this very dangerous sexual predator." When Mr. Edwards wrote this letter, he was still unaware that a non-prosecution agreement had been reached with Epstein. Mr. Edwards first learned of this fact on or after July 9, 2008, when the Government filed its responsive pleading to Jane Doe's emergency petition. That pleading was the first public mention of the non-prosecution agreement and the first disclosure to Mr. Edwards and his clients. 8. I trust that you will agree that the Government had probable cause to file a multiple count federal indictment against Epstein, including an indictment chargin• crimes EFTA01099841  • AUSA United States Attorney's Office Page 4 against Jane Doe #1 and Jane Doe #2. In asking for this stipulation, I realize that you have taken the position that you would not have filed an indictment involving Jane Doe #2, presumably because you thought that you could not carry the Government's burden of proof beyond a reasonable doubt. At the same time, though, I trust you will concede that the evidence in that case was strong enough to pass the probable cause standard. 9. Finally, in light of the fact that you have been sending letters to Jane Doe #2, which was obviously done because you believed her to be a "victim" in this case, and since she has been added in this matter as a victim, we would like some assurances that she will be protected, as the other victims have been, in your agreement with Mr. Epstein. Thank you very much for considering these issues and concerns. I look forward to working with you to reach a stipulation that covers as much common ground as possible in this case. If you think that further discussions might be helpful, I would like to try and set up a conference call with you and my co-counsel to discuss these issues further. Sincerel BE/sg Enclosure cc: AUSA mt tales Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 EFTA01099842  LAW OFFICE -- (13' .7a (I e. 'et • AND ASSOCIATES July 3, 2008 AUSA VIA CERTIFIED MAIL m e a es ttorney s Office RETURN RECEIPT REQUESTED 500 South Australian Avenue 7007 2680 0002 5519 8503 West Palm Beach, Florida 33401 Dear As you are aware, we represent several of the young girls that were victimized and abused by Jeffrey Epstein. While we are aware of his recent guilty plea and conviction in his State Court case, the sentence imposed in that case is grossly inadequate for a sexual predator of this magnitude. The information and evidence that has come to our attention in this matter leads to a grave concern that justice will not be served cause if Mr. Epstein is not aggressively prosecuted and appropriately punish in this ed. Based on our investigation and knowledge of this case, it is apparent that he has sexually abused more than 100 underage girls, and the evidence against him is overwhelmi ngly strong. As former Assistant State Attorneys with seven years' prosecution exper ience, we believe that the evidence against Mr. Epstein is both credible and deep and that he may be the most dangerous sexual predator of children that our country has ever seen. The evidence suggests, that for at least 4 years he was sexually abusing as many as three to four girls a day. It is inevitable that if he is not confined to prison, he will continue to manipulate and sexually abuse children and destroy more lives. He is a sexual addict that focused all of his free lime on sexually abusing children, and he uses his extraordinary wealth and power to lure in poor, underprivileged little girls and then also uses his wealth to shield himself from prosecution and liability. We are very concerned for the health and welfare of the girls he has already victimized, and concerned that if justice is not properly served now and he is not imprisoned for a very long time, he will get a free pass to sexually abuse children in the future. Future abuse and victim ization is obvious to anyone who really reviews the evidence in this case, and future sexual abuse of minors is inevitable unless he is prosecuted, tried and appropriately senten ced. Money and power should not allow a man to make his own laws, and he has clearl y received preferential treatment at every step up to this point. If he were a man of avera ge wealth or the abused girls were from middle or upper class families, then this man would spend the rest of his life in prison. In a country of true, blind justice, those distinctions are irrelevant, and we really hope he does not prove the point that a man can commit heino us crimes against children and buy his way out of it. If the Department of Justice's recent commitment to the protection of our children from child molesters is to be more than rhetoric, then this is the time and the case where the Department must step forward. We urge the Attorney General and our EFTA01099843  • • AUSA United States Attorney's Office Page Two Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr, Epstein has committed, and we further urge you to take the steps necessary to protect Qur children from this very dangerous sexual perpetrator. We will help you to do this in any way possible to ensure that true Justice is served in this case. Sincerely, Brad Edwards, Esquire Jay Howell, Esquire EFTA01099844  LAW • (./ (c/e/tgai • AND ASSOCIATES July 3, 2008 AUSA VIA CERTIFIED MAIL United States Attorney's Office RETURN RECEIPT REQUESTED 500 South Australian Avenue 7007 2680 0002 5519 8503 West Palm Beach, Florida 33401 Dear As you are aware, we represent several of the young girls that were victim ized and abused by Jeffrey Epstein. While we are aware of his recent guilty plea and conviction in his State Court case, the sentence imposed in that case is grossly inadequate for a sexual predator of this magnitude. The information and evide nce that has come to our attention in this matter leads to a grave concern that justice will not be served in this cause if Mr. Epstein is not aggressively prosecuted and appropriately punished. Based on our investigation and knowledge of this case, it is apparent that he has sexually abused more than 100 underage girls, and the evidence against him is overw helmingly strong. As former Assistant State Attorneys with seven years' prosecution experience, we believe that the evidence against Mr. Epstein is both credible and deep and that he may be the most dangerous sexual predator of children that our country has ever seen. The evidence suggests that for at least 4 years he was sexually abusing as many as three to four girls a day. It is inevitable that if he is not confined to prison , he will continue to manipulate and sexually abuse children and destroy more lives. He is a sexual addict that focused all of his free time on sexually abusing children, and he uses his extraordinary wealth and power to lure in poor, underprivileged little girls and then also uses his wealth to shield himself from prosecution and liability. We are very concerned for the health and welfare of the girls he has already victimized, and conce rned that if justice is not properly served now and he is not imprisoned for a very long time, he will get a free pass to sexually abuse children in the future. Future abuse and victimization is obvious to anyone who really reviews the evidence in this case, and future sexual abuse of minors is inevitable unless he is prosecuted, tried and appropriately senten ced. Money and power should not allow a man to make his own laws, and he has clearly received preferential treatment at every step up to this point. If he were a man of average wealth or the abused girls were from middle or upper class families, then this man would spend the rest of his life in prison. In a country of true, blind justice, those distinctions are irrelevant, and we really hope he does not prove the point that a man can comm it heinous crimes against children and buy his way out of it. If the Department of Justice's recent commitment to the protection of our children from child molesters is to be more than rhetoric, then this is the time and the case where the Department must step forward. We es EFTA01099845  AUSA United States Attorney's Office Page Two Attorney to consider the fundamental import of the vigorous enforcement of our Federal laws. We urge you to move forward with the traditional indictments and criminal prosecution commensurate with the crimes Mr, Epstein has committed, and we further urge you to take the steps necessary to protect pur children from this very dangerous sexual perpetrator. We will help you to do this in any way possible to ensure that true Justice is served in this case. Sincerely, Brad Edwards, Esquire Jay Howell, Esquire EFTA01099846 07/09/2008 15:13 FAX USAO WPB CONFRM 2102:2 • U.S. Department of Justice United States Attorney Southern District ofFlorida 500 South Austral= Ave.. Suite 400 Ittest Palm Beach. FL 33401 June 7, 2007 DELIVERY BY HAND Re: Crime Victims' and Witnesses' Rights Dear Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, ypu 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 deterrnincs that your testimony may be materially altered if you are present for othei 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 righi to proceedings free from unreasonable delay. (8) The tight to be treated with fairness and with respect for the victim's dignity and privacy. ti Members of the 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 n is are rotected. If you have any concerns in this regard, please feel free to contact me at 9 om•the Federal Bureau of Investigation at You also• can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at hat Office has a website at www.ove.gov. You can seek the advice of an attorney with respect to the right's 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. EFTA01099847 07/09/2008 15:14 FAX USAO WPB CONFRM S 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 arc 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 d amity is subjected to any intimidation or harassment, please contact or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violalektise law?. However, if you are contacted, you have the choice of speaking to that person or refusin ted nd feel that you are being threatened or harassed, then please ' 'contact or myself. You alscr are entitled to notification of upcoming 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: ff EFTA01099848 07/09/2008 15:14 FAX USAO WPB CONFRM @024 • U.S. Department of Justice United States Attorney Southern District of Florida SOO South Australian Ave., Suite 400 West Palm August l I, 2006 Re: Crime Victims' and Witnesses' Rights Dear 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 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. (.( Members of the U.S. Departtent 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 rotected. If ou have an concerns in this regard, please feel free to contact me a r firom the Federal Bureau of Investigation a • ou a so can contac e ustice epaerhnent's Office for Victims of Crime in Washington, D.C. at That Office has a website 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. EFTA01099849 07/09/2008 15:14 FAX USAO WPB CONFRM Q025 • AUGUST II, 2006 PAGE 2 In addition to these rights, you arc entitled to counseling and medical services, and pi from intimidation and harassment. If the Court determines that you are a victim, you Ain entitled to restitution from the perpetrator. A list of counseling and medical service pro% hit be provided to you, if you so desire. If you or your family is subjected to any intimit • • harassment, please contac ir myself immediately. It is po:.s,l,;,• r, someone working on behalf of the targets of the investigation may contact you. Such con! not violate the law. However, if you are contacted, you have the choice of speaking to duo p or refusin to do so. If ou refuse and feel that you are being threatened or harassed, dlr..; id contact or myself. You also are entitled to notification of upcoming case events. At this time, your CT: . investigation. If anyone is charged in connection with the investigation, you will be noii: Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney cc: f f EFTA01099850 07/09/2008 1S:14 FAX • USAO WPB CONFITM Z026 • ,OA 0J4 r.oc , wi U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Reeler Drive West Palm Beach, FL 33401 January 10, 2008 Re: Case Number: Deal. 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 crime victim, you have the following rights under 18 United States Code §37/1: (1) The right to be reasonably protected from the accused: (2) The right to reasonable, accurate, and tirnety notice of any pubilo 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 clew 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 proceectrig; (5) The, reasonable right to confer with the attorney (or the Government In the case; (8) The right to full and timely restitution as provided In taw: (7) The right to proceedrngs free frarn unreasonable delay; (a) The right to be treated with fairness end with respect for the victim's dignity and privacy. We will make our best efforts to ensure you art accorded the rights described. Most of these rights portaIn to events occurring after the arrest or indictment of an individual for the crime, and It wilt become the responsibility of the prosecuting United Slates Attorney's Ottlee to ensure you are accorded those rights. You may also seek the edvice of a private attorney with respect to these rights. The Victim Notification System (VNS) is designed to provide you wt area informafion regarding the case as it proceeds through the criminal Justice system. You may obtain current information a on the beemot al WWW.Notty.LISDOJ.GOV or from the VNS Call Center at 1 In addle° e o I ll e your lendiu change your decision about participation In the notification program. If you update your informatbn to Include a current email address VNS w ' • a following Vain) Identification Number and anytime you contact the Call Center and rs me you log on to on en me n a nion, the first time you acorn:a VNS Internet site, you will be proms. enter your last name (or business name) as currently contained in VMS. The name you should enter I EFTA01099851 07/09/2008 15:14 PAX USAO WPM CONFRM 2027 -• • . 0J , V f it 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 participaton in the notification pan of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current. Sincerely, m Specfalie EFTA01099852 07/08/2008 15:15 F USA° WPB CONFAB qh 028 • JCL coo OJDA r.04 , Of U-S. Department of Justice Federal. Bureau of Investigation FBI - West Palm Beath Suite 500 505 South Raider Drive West a ch Ft. 334 1 January 10,200B James Eisenberg One Cleerlake Center Ste 704 Australian South West Palm Beach. Fl 33401 Dear James Eisenberg: You have requested to receive notifications for This case is currenUy 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 te United States Code § 3771: (I) 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; (1) The right not to be excluded from any such public court proceeding. unless the court, after • receiving clear and convinesig evidence, determines that testimony by the victim would be ma0erialy altered if the victim heard other testimony et that proceeding: (4) The right to be reasonably heard at any public proceeding In the district court invohing release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorn