EFTA01249822.pdf

Farmer, Jaffe, Weissing, Edwards, Fistos a Lehrman, P.L. August 20, 2014 Wifredo A. Ferrer United States Attorney Southern District of Florida 99 N.E. 4th Street Miami, FL 33132 RE: Jane Does I and 2 v. United States Case No. : 08-80736-Civ-Marra/Johnson Dear Mr. Ferrer: As you know, we have been in litigation for more than six years on a case under the Crime Victims' Rights Act — a case that involves decisions that were all made before you took office and that gave Jeffrey Epstein an expansive non-prosecution agreement. Several years ago you were nice enough to meet with us and one of our clients to discuss the case, which we 'really , appreciated. More recently we contacted the line attorneys working on the case to see if we could reach some stipulated facts on various issues surrounding the case. It is in that spirit of trying to avoid unnecessary battles that we wanted to alert you to a motion we arc preparing to file to see whether this could be a stipulated motion. Our CVRA case is brought on behalf of two sexual assault victims - Jane Doe #1 and Jane Doe #2. We would like to add a third victim to the case - Jane Doc #3. Her true name is although we would seek to keep her identity confidential during the proceedings. We contacted your office about prosecuting the crimes Jeffrey Epstein committed against her a couple years ago when we realized that she was not includes in the NPA; however, we were told that despite not knowing about this particular victim when the agreement with Epstein was reached, the NPA was drafted so broadly as to preclude criminal charges for the crimes committed against her. Adding her to the case will not expand the issues in the case. Nor will it result in any new discovery or additional delay. 425 North Andrews Avenue 414 . ' ctorida 33301 954.524.2820 OfiCe. :154524.2822 fax 3501.452-001 Page I of 6 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00O95421 EFTA01249822  Wifredo A. Ferrer August 20, 2014 Page 2 Jane Doe #3 was sexually abused numerous times by Jeffrey Epstein. She is keenly interested in having our CVRA case fairly resolved. We also note that, under the CVRA, Justice Department prosecutors are obligated to use their "best efforts" to help protect crime victims' rights. As such, we ask for your stipulation to this amendment. A copy of our soon-to-be-filed motion is attached. We wanted to show you what it looked like in hopes that you might be able to support it. We would, of course, be glad to consider making any changes to the motion that would help gamer your support. Thanks in advance for considering this request. Very truly yours, FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. Bradley J. Edwards BJE::mwk Enclosure Farmer, Jaffe, Weissing, Edwards, Fistos Et Lehrman, P.L. 425 N. Andrews Avenue • Suite 2 • Fort Lauderdale, FL 33301 Toll Free: 800.400.1098 • Office: 954.524.2820 • Fax: 954.524.2822 3501.452-001 Page 2 o(6 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00O95422 EFTA01249823  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES / JANE DOE #3'S MOTION TO JOIN CVRA ACTION COME NOW Jane Doc #3, by and through undersigned counsel, to move this Court to join this action. Because Jane Doe #3's rights have been violated in the same way as the two other victims, and because the Crime Victims' Rights Act (CVRA) contains no statute of limitations, she should be allowed to join this action. As the Court is aware, more than six years ago Jane Doe #1 filed the present action against the United States, alleging a violation of her rights under the CVRA, 18 U.S.C. § 3771. She alleged that Jeffrey Epstein had sexually abused her and that the United States had entered into a secret non-prosecution agreement regarding those crimes in violation of her rights. At the first court hearing on the case, the Court allowed Jane Doe #2 to also join the action. Both Jane Doe #1 and Jane Doe #2 specifically argued that the government had failed to protect their CVRA rights (inter alia) to confer, to reasonable notice, and to be treated with fairness. In response, the Government argued that the CVRA rights did not apply to Jane Doc #1 and Jane Doe #2 because no federal charges had ever been filed against Jeffrey Epstein. 3501.452-001 Page 3 of 6 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00095423 EFTA01249824  Last June, the Court rejected the United States' position. The Court concluded that the CVRA extended rights to Jane Doe #1 and Jane Doe #2 even though charges were never filed. The Court explained that because the NPA barred prosecution of crimes committed against them by Epstein, they had "standing" to assert violations of the CVRA rights. DE 189. The Court deferred ruling on whether the two victims would be entitled to relief, pending development of a fuller evidentiary record. Jane Doe #31 was sexually abused by Jeffrey Epstein more than twenty tima Thereafter when the United States entered into its non- prosecution agreement with Epstein, the United States had identified more than 40 victims by name and knew that many more existed. Jane Doe #3 was unknown to the United States, yet the United States entered into an agreement with Epstein — the NPA — which purports to preclude prosecution against Epstein in the Southern District of Florida, even for serious sexual offenses against Jane Doe #3 that are not barred by the Statute of Limitations. Jane Doe #3 was never even contacted by the United States, yet the United States contracted away her rights. Jane Doe #3 now moves to join the action filed by Jane Doe #1 and Jane Doe #2. She believes that her rights were violated in the same fashion as the other victims. Adding her to this case will not prejudice the United States. Jane Doe #3 does not seek any additional discovery beyond that previously sought by Jane Doe #1 and Jane Doe #2. Accordingly, the United States will not be prejudiced or burdened by adding her to this case. Indeed, adding her to this case may simplify certain issues, as it appears that the United States I Because she was sexually assaulted as a minor, Jane Doe #3 proceeds in this motion by way of a pseudonym. 2 3501.452-001 Page 4 of 6 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00095424 EFTA01249825  made no effort whatsoever to inform her about the non-prosecution agreement and cannot possibly argue otherwise, in contrast to certain limited steps that the United States may argue to have taken with regard to Jane Doe #1 and Jane Doe #2. The CVRA does not contain any statute of limitations for filing an action to enforce rights under the statute. Accordingly, her motion should be granted. Jane Doe #1 and Jane Doc #2 support the motion. The United States [insert position xxxxxxxxxxxxxxxxl. CONCLUSION Jane Doe #3 should be allowed to join this action. A proposed order allowing her to join is attached to this pleading. DATED: August 20.2014 Respectfully Submitted, /s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS. FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, UT 84112 3 3501.452-001 Page 5 of 6 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00095425 EFTA01249826  Attorneys for Jane Doe #3 CERTIFICATE OF SERVICE I certify that the foregoing document was served on August 20, 2014, on the following using the Court's CM/ECF system: 500 S. Australian Ave., Suite 400 1 Attorneysfor the Government Roy Black, Esq. Jackie Perczek, Esq. Black, Srebnick, Komspan & Stumpf, P.A. 201 South Biscayne Boulevard, Suite 1300 Miami, FL 33131 Jay P. Leikowitz Kirkland & Ellis, LLP 601 Lexington Avenue New York, NY 10022 Martin G. Weinberg, P.C. 20 Park Plaza, Suite 1000 Boston, MA 02116 Criminal Defense Counselfor Jeep Epstein /s/ Bradley J. Edward4 4 3501.452-001 Page 6 of 6 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00095426 EFTA01249827