EFTA01102416.pdf

MARTIN G. WEINBERG, P.C. ATTORNEY AT LAW 20 PARK PLAZA. SUITE 1000 EMAIL ADDRESSPS BOSTON. MASSACHUSETTS 02116 FAX November 27, 2012 Record/Information Dissemination Section Federal Bureau of Investigation Department of Justice 170 Marcel Drive Winchester, VA 22602-4483 REQUEST UNDER FREEEDOM OF INFORMATION ACT AND PRIVACY ACT To Whom It May Concern: This letter constitutes a request ("Request") under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), the Justice Department's implementing regulations (including 28 C.F.R. § 16.1), the Privacy Act, 5 U.S.C. §552a, and all other applicable regulations and other applicable provisions of law. This Request is submitted by undersigned counsel on behalf of our client, Jeffrey Epstein ("the Requester" or "Epstein"). Submitted with this request is an executed Privacy Waiver signed by Epstein which designates undersigned counsel to receive the results of this FOIA request. I. The Requestor Jeffrey Epstein is a natural person. His birth date is January 20, 1953. His place of birth is Kings County, New York. His social security number is 090-44-3348. His current address is 6100 Red Hook Quarter, Suite B3, St. Thomas, U.S. Virgin Islands, 00802. He has another residence located at 358 El Brillo Way, Palm Beach, Florida, 33480, which was listed as the current residence in a prior Request (FOIPA Request No. 1142669-000). EFTA01102416  II. Request. Mr. Epstein seeks disclosure of any records' documents, files, communications, memoranda, orders, agreements and/or instructions created from January 1, 2000 to November 25,2012, that were prepared received, transmitted, collected, and/or maintained by the Federal Bureau of Investigation, the Department of Justice, or any their components or field offices, including but not limited to the following: 1. Any records, order, agreement, or accommodation relating or referring to Epstein, including but not limited to records that document monitoring, surveillance, observation, questioning, interrogation, investigation, and/or collection of information relating to Epstein. 2. Any records relating or referring to how, why, or when Epstein was selected to be a subject of monitoring, surveillance, observation, questioning, interrogation, investigation, and/or collection of information. We preauthorize spending up to $1,000.00. We specifically request that a cross-reference search be conducted for the requested material& Likewise, we specifically request that the requested search include but not be limited to a search of the FBI's Central Records System ("CRS"), Electronic Surveillance ("ELSUR") indices and so-called tickler files. As noted, a prior Request was submitted on Epstein's behalf (FOIPA Request No. 1142669-000). Epstein was subsequently notified that documents were withheld with regard to FOIPA Request No. 1142669-000 due to an open investigation. Two additional prior requests were also submitted on Epstein's behalf (FOIPA Request No. 1142669-001 and 1142699-002 and on each occasion Epstein was notified that documents were withheld due to an open investigation. Without limiting the nature of the present Request, we would respectfully request a renewed examination of the documents withheld with regard to FOIPA Requests No. 1142669-000, 1142669-001, and 1142669- 002 and specifically whether the open investigation cited in FOIPA Requests No. 1142669-000, 1142669-001, and 1142669-002 has since been terminated and the withheld documents should therefore be produced at this time. Pursuant to applicable regulations and statutes, if this request is denied in whole or in part, we request that you justify all deletions by reference to specific exemptions of the FOIA, the Privacy Act, and any other provisions of law upon which you rely. Unless you reply otherwise within the response deadline set forth in the FOIA, I will assume that I The term "records" as used herein includes all records or communications preserved in electronic or written form, including but not limited to correspondence, documents, data, videotapes, audiotapcs, faxes, files, guidance, guidelines, evaluations, instructions. analysis, memoranda, agreements, notes, orders, policies, procedures, protocols, reports, rules, technical manuals, technical specifications, training manuals, or studies. EFTA01102417 you do not claim that you are not the proper office to receive this request. Mr. Epstein reserves the right to appeal a decision to withhold any information. Please furnish all requested information to my above-listed office. Thank you. Reap Ily, Martin einberg EFTA01102418  U.S. Department of Justice Federal Bureau ofInvestigation Washington, D.C. 20535 Privacy Waiver and Certification of Identity Full Name: Jeffrey E. Epstein Aliases used. 6100 Red Hook Quarter, Suite B3, St. Thomas, USVI 00802 Current Address. Date of Birth: January 20, 1953 Place of Birth: Kings County, New York Social Security Number (optional): 090-44-3348 (Optional: Prior addresses, employments, etc , which may assist the FBI in locating the requested information) I hereby waive my right to privacy, and I authorize the FBI to release any and all information relating to me to: (Name, address & phone of attorney or other designee) Martin G. Weinberg 20 Park Plaza, Suite 1000 Firlstnri MA 02116 Telephone Under penalty of penury, I hereby declare that I am the person described above and understand that any falsification of this statement is punishable under the provisions o le-18, United States Code (U S.C.) Section 1001 by a fine of not more than $10,000 or by imprisonment more than five years, or both; and that requesting or obtaining any record(s) under false pretenses i ishable under the provisions of Title 5, U.S.C., Section 552a (i)(3) as a misdemeanor by a fine of not than $5,000. Signature: Date: r2c. 112— EFTA01102419  U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 December 6, 2012 Mr. Martin G. Weinberg Suite 1000 20 Park Plaza Boston. MA 02116 FOIPA Request No.: 1203982 Subject: Epstein, Jeffrey E. Dear Mr. Weinberg: This responds to your Freedom of Information/Privacy Ads (FOIPA) request. The material you requested is located in an investigative file which is exempt from disclosure pursuant to 5 U.S.C. § 552(b)(7)(A). 5 U.S.C. § 552(b)(7)(A) exempts from disclosure: records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ... could reasonably be expected to interfere with enforcement proceedings... In applying this exemption, I have determined that the records responsive to your request are law enforcement records; that there is a pending or prospective law enforcement proceeding relevant to these responsive records; and that release of the information contained in these responsive records could reasonably be expected to interfere with the enforcement proceedings. For a further explanation of this exemption, see enclosed Explanation of Exemptions. You may file an appeal by writing to the Director. Office of Information Policy (OIP), U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C. 20530-0001. Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be dearly marked "Freedom of Information Appeal' Please cite the FOIPA Request Number in any correspondence to us for proper identification of your request. Enclosed for your information is a copy of the FBI Fact Sheet. Sincerely, r eAtiCi' d 3 David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division Enclosure(s) EFTA01102420  FBI FACT SHEET • The primary function of the FBI is law enforcement. • The FBI does not keep a file on every citizen of the United States. • The FBI was not established until 1908 and we have very few records prior to the 1920s. • FBI files generally contain reports of FBI investigations of a wide range of matters, including counterterrorism, counter-intelligence, cyber crime, public corruption, civil rights, organized crime, white-collar crime, major thefts/violent crime, and applicants. • The FBI does not issue clearances or non-clearances for anyone other than its own personnel or persons having access to FBI facilities. Background investigations for security clearances are conducted by many different Government agencies. Persons who received a clearance while in the military or employed with some other government agency should contact that entity. Most government agencies have websites which are accessible on the intemet which have their contact information. • An identification record or "rap sheet" is NOT the same as an "FBI file." It is a listing of information taken from fingerprint cards and related documents submitted to the FBI in connection with arrests, federal employment, naturalization or military service. The subject of a "rap sheet" may obtain a copy by submitting a written request to FBI, Criminal Justice Information Services (CJIS) Division, Record Request, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306. Along with a specific written request, the individual must submit a new full set of his/her fingerprints in order to locate the record, establish positive identification, and ensure that an individual's records are not disseminated to an unauthorized person. The fingerprint submission must include the subject's name, date of birth and place of birth. There is a required fee of S18 for this service which must be submitted in the form of a money order or certified bank check made payable to the Treasury of the United States. A credit card payment option is also available. Forms for this option and additional directions may be obtained by accessing the FBI Web site at www.fbi.gov/about-us/cjis/background-checks/background_checks. • The National Name Check Program (NNCP) conducts a search of the FBI's Universal Index (UNI) to identify any information contained in FBI records that may be associated with an individual and provides the results of that search to the requesting Federal, State or local agency. For the NNCP, a name is searched in a multitude of combinations and phonetic spellings to ensure all records are located. The NNCP also searches for both "main" and "cross reference" files. A main file is an entry that carries the name corresponding to the subject of a file while a cross reference is merely a mention of an individual contained in a file. The results from a search of this magnitude can result in several "hits" and "idents" on an individual. In each instance where UNI has identified a name variation or reference, information must be reviewed to determine whether it is applicable to the individual in question. • The Record/Information Dissemination Section—Freedom of Information/Privacy Act (FOIPA) searches for records and provides copies of FBI files relevant to a FOIPA request for information. FOIPA provides responsive documents to requesters seeking "reasonably described information." For a FOIPA search, the subject name, event, activity, or business is searched to determine whether there is an investigative file associated with the subject. This is called a "main file search" and differs from the NNCP search. FOR GENERAL INFORMATION ABOUT THE FBI, VISIT OUR WEBSITE AT SMAW 1/26/2012 EFTA01102421  EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (b)(I) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order, (b)(2) related solely to the internal personnel rules and practices of an agency; (bX3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (bX4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (b)(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigatice with the agency; (b)(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (bX7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A ) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; (bX8) contained in or related to examination, operating. or condition reports prepared by, on behalfof, or for the use ofan agency responsible for the regulation or supervision of financial institutions; or (b)(9) geological and geophysical information and data, including maps, concerning wells. SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (dX5) information compiled in reasonable anticipation of a civil action proceeding; (jX2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; (k)(I) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (kX2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence: (kX3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title I S, United States Code, Section 3056; (kX4) required by statute to be maintained and used solely as statistical records; (kX5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence; (kX6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service he release of which would compromise the testing or examination process; (kX7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. FBUDOJ EFTA01102422  MARTIN G. WEINBERG, P.C. ATTORNEY AT LAW 20 PARK PLAZA, SUITE 1000 EMAIL ADDRESSES: BOSTON, MASSACHUSETTS 02116 FAX NI ' RGENCY December 12, 2012 Office of Information Policy U.S. Department of Justice 1425 New York Avenue, N.W., Suite 11050 Washington, D.C. 20530-0001 FOIPA Request No.: 1203982 Re: EPSTEIN, JEFFREY EDWARD FREEDOM OF INFORMATION ACT APPEAL Director of Office of Information Policy, This is a timely appeal pursuant to 5 U.S.C. § 552(aX6), concerning the U.S. Federal Bureau of Investigation's ("F.B.I." or "Agency") denial of a request for records within their control. I am writing this letter on behalf of Jeffrey Edward Epstein. As noted in the original FOIA request, dated November 27, 2012, Mr. Epstein seeks disclosure of any "records, documents, files, communications, memoranda, orders, agreements and/or instructions created from January 1, 2000 to November 25,2012, that were prepared, received, transmitted, collected and/or maintained by the Federal Bureau of Investigation, the Department of Justice, or any of their components or field offices ..." as is more fully detailed at page 2, paragraphs 1-2 of the original FOIA request attached hereto. The Agency, by a letter dated December 6, 2012, refused to disclose any and all of the requested material, asserting that the requested records are located in an investigative file exempt from disclosure pursuant to 5 U.S.C. § 552(bX7XA). In applying this exemption the Agency has determined that the responsive records are law enforcement records, relevant to a pending or prospective law enforcement proceeding and that the release of the information contained in EFTA01102423 / assert these records could reasonably be expected to interfere with the enforcement proceedings. We a good faith basis and believe that any ongoing F.B.I. investigation ended either on or about June 30, 2008 or no later than July of 2010, and therefore do not agree that the requested materials are exempt from disclosure under 5 U.S.C. § 552(bX7)(A). Accordingly, we hereby ask that the Director reverse the denial of Mr. Epstein's FOIA request and waive all associated fees. We also contest the single sentence summary that every requested records falls within the enumerated exemptions that the disclosure of [each] such record, in whole or in part, will "interfere" with "a pending or prospective law enforcement proceeding." It is by now well-established law that a plaintiff in a FOIA case is entitled to an index of the documents and/or portions of documents that have been withheld by the defendant agency. Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). Moreover, the description of the withheld material must be "sufficiently specific to permit a reasoned judgment as to whether the material is actually exempt under FOIA." founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Dir. 1979). Accordingly, we further request that if any portions of the requested documents are withheld, that the Director should describe the deleted material in detail and specify the statutory justification applied in this instance. Finally, we request that those portions of the documents which may indeed be properly exempted from disclosure under 5 U.S.C. § 552(bX7)(A) should be released pursuant to the Director's powers of discretionary release under 36 C.F.R. § 200.11(b) and 7 C.F.R. § .17(b). The Agency has erred in their denial of the requested material. The wholesale application of exemption 5 U.S.C. § 552(bX7)(A) is inappropriate in this instance. Moreover, assuming, arguendo, that any portion of any document may be exempt from disclosure, "any reasonable segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt..," 5 U.S.C. 552(b). We request the application of the "segregable portions" clause of the Act. In the event that this appeal is denied, the Agency is required to provide a written response describing the reasons for denial, names and titles of each person responsible for the denial, and the procedures required to invoke judicial assistance in this matter. 5 U.S.C. § 552(aX6)(ii), 7 C.F.R. § 1.8(d). If the appeal is denied or the Agency's response is not forthcoming within 20 working days, my client reserves his right under FOIA to seek judicial review, including the award of attorney's fees. I await your prompt reply. EFTA01102424  U.S. Department of Justice Office of Information Policy Telephone: Washington, D.C. 20530 JAN 1 7 2013 Martin G. Weinberg, Esq. Martin G. Weinberg, P.C. Suite 1000 20 Park Plaza Boston, MA 02116 Re: Request No. 1203982 - Jeffrey Edward Epstein Dear Mr. Weinberg: This is to advise you that your administrative appeal from the action of the Federal Bureau of Investigation was received by this Office on December 18, 2012. The Office of Information Policy has the responsibility of adjudicating such appeals. In an attempt to afford each appellant equal and impartial treatment, we have adopted a general practice of assigning appeals in the approximate order of receipt. Your appeal has been assigned number AP-2013-01397. Please mention this number in any future correspondence to this Office regarding this matter. We will notify you of the decision on your appeal as soon as we can. If you have any questions about the status of your appeal you may contact me at the number above. Sincerely, y s - - Priscilla Jones Supervisory Administrative Specialist EFTA01102425  U.S. Department of Justice Office of Information Policy Suite 11050 1425 New York Avenue, NW Washington. DC 20530-0001 Telephone: MAR Z 0 2013 Martin G. Weinberg, Esq. Martin G. Weinberg, P.C. Suite 1000 Re: Appeal No. AP-2013-01397 20 Park Plaza Request No. 1203982 Boston, MA 02116 ADW:KRP Dear Mr. Weinberg: You appealed on behalf of your client, Jeffrey Epstein, from the action of the Federal Bureau of Investigation on his request for access to records concerning himself. After carefully considering your appeal, and as a result of discussions between FBI personnel and this Office, I am remanding your client's request for further processing of the responsive records. Although the FBI invoked Exemption 7(A) of the Freedom of Information Act, 5 U.S.C. § 552(b)(7)(A), at the time your client's initial request was processed, that exemption is no longer applicable to withhold the records in full. Consequently, the FBI will process and send all releasable records to you directly, subject to any applicable fees. You may appeal any future adverse determination made by the FBI. If you would like to inquire about the status of this remand, please contact the FBI directly. Furthermore, I am denying your request that we itemize and justify each item of the information withheld. You are not entitled to such a listing at the administrative stage of processing FOIA requests and appeals. Fee Bangoura v. U.S. Deno of the Army, 607 F. Supp. 2d 134, 143 n.8 (D.D.C. 2009). If your client is dissatisfied with my action on your appeal, the FOIA permits him to file a lawsuit in federal district court in accordance with 5 U.S.C. § 552(a)(4)(B). Sincerely, Sean R. O'Neill Chief Administrative Appeals Staff By: a lytteAa, - Anne D. Work Senior Counsel Administrative Appeals Staff EFTA01102426  U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 April 25, 2013 Mr. Martin G. Weinberg Suite 1000 20 Park Plaza Boston, MA 02116 Appeal No.: AP-2013-01397 Request No.: 1203982-001 Subject: Epstein, Jeffrey Dear Mr. Weinberg: The purpose of this letter is to advise you of the status of your Freedom of Information Act (FOIA) request at the Federal Bureau of Investigation (FBI). On December 6, 2012, you were mailed a letter informing you that the FBI records of your client, Jeffrey Epstein, were exempt in their entirety from disclosure under both the Freedom of Information Act and the Privacy Act. Per an appeal, FBI Records Management Division (RMD) has determined that these records are no longer entirely exempt. Your request has been re-opened under the FOIA number listed above and we are currently in the process of searching, gathering, and processing material concerning your client so that it may be reviewed for responsiveness. You may inquire as to the status of your request by calling the FBI's FOIPA Public Information Center at 540-868-4593. Sincerely yours, re,_oe s e3 David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division EFTA01102427  U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 April 25, 2013 Mr. Martin G. Weinberg Suite 1000 20 Park Plaza Boston, MA 02116 Appeal No.: AP-2013-01397 FOIPA Request No. 1203982-001 Subject: Epstein, Jeffrey Dear Mr. Weinberg: This is in response to your request for a fee waiver for the above referenced Freedom of Information/Privacy Acts (FOIPA) request. Fee waivers are determined on a case by case basis. aS€4 5 U.S.C. § 552 (a)(4)(A)(iii). To be granted a fee waiver or a reduction in fees, two requirements must be satisfied. First, you must demonstrate that "disclosure of the (requested) information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government." Second, you must establish that "disclosure of the information . .. is not primarily in the commercial interest of the requester." $.1e 5 U.S.C. § 552(a)(4)(A)(iii). The burden is on the requester to show the statutory requirements for a fee waiver have been met. If these requirements are not satisfied, a fee waiver is unavailable under the statute. To determine whether disclosure is in the public interest, we consider these factors: (1) whether the subject of the requested records concerns "the operations or activities of the government:" (2) whether the disclosure is "likely to contribute" to an understanding of government operations or activities; and (3) whether disclosure of the requested information will contribute "significantly" to "public understanding." See 28 C.F.R. §16.11(k)(2). If the first requirement has been met, we must then determine whether disclosure of the requested information is primarily in the commercial interest of the requester. To make this determination, we consider these factors: (1) whether the requester has a commercial interest that would be furthered by the requested disclosure and (2) whether the magnitude of the identified commercial interest of the requester is sufficiently large, (compared to) the public interest in disclosure, that disclosure is "primarily in the commercial interest of the requester." See 28 C.F.R. § 16.11(k)(3). If the requester's commercial interest in disclosure is greater than the public interest to be served, then a fee waiver is not warranted. We have reviewed the information that you provided in support of your request for a fee waiver and have found that you do not satisfy the first requirement. Inasmuch as the information you seek primarily pertains to your client, it appears that the only person who would benefit from the disclosure of these records is your client, the individual requester, and therefore such a disclosure would not contribute to the "public understanding." EFTA01102428  You may file an appeal by writing to the Director, Office of Information Policy (OIP), U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C. 20530-0001, or you may submit an appeal through OIP's eFOlA portal at htto://www.iu tiCe.00v/oio/ foia-portal.html. Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly marked "Freedom of Information Appeal." Please cite the FOIPA Request Number in any correspondence to us for proper identification of your request. Sincerely, resstkire3 David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division EFTA01102429  MARTIN G. WEINBERG, P.C. ATTORNEY AT LAW 20 PARK PLAZA, SUITE 1000 EMAIL ADDRESSES: BOSTON, MASSACHUSETTS 02116 FAX - NI IT ERGENCY June 7, 2013 David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division RE: Jeffrey E. Epstein Request No.: 1203982-001 Dear Mr. Hardy, Yesterday I spoke to an FBI reviewer named Brian who informed me that I could expedite the response if I narrowed the above numbered request to files that totaled fewer than 2500 pages. I promised him I would consider that option. After such consideration, I wanted to advise you that I am not exercising the option of narrowing the current request i.e. we want a review and production of all responsive documents to which no exception applies from all files within the range of the request even if the overall page total requires more time for review and appropriate redaction. Thank you, a ltAC* 14 4rge Martin G. Weinberg EFTA01102430  U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 June 18, 2013 Mr. Martin G. Weinberg Suite 1000 20 Park Plaza Boston, MA 02116 FOIPA Request No.: 1203982-001 Subject: Epstein, Jeffrey Dear Mr. Weinberg: This is in reference to your Freedom of Information/Privacy Ads (FOIPA) request. By letter dated November 27, 2012, you indicated your willingness to pay $1,000.00. The Federal Bureau of Investigation (FBI) has located approximately 11,084 pages of records potentially responsive to the subject of your request. By DOJ regulation, the FBI notifies requesters when anticipated fees exceed $25.00. There is a duplication fee of ten cents per page if you receive a paper copy (See 28 C.F.R. §16.11 and 16.49). Releases are also available on CD upon request. Each CD contains approximately 500 reviewed pages per release. The 500 page estimate is based on our business practice of processing medium and large track cases in segments. The first 100 pages, or the cost equivalent ($10.00) for releases on CD, will be provided to you at no charge. If all pages potentially responsive are released, you will owe $1,098.40 in duplication fees to receive a paper copy or $320.00 (22 CD's at $15.00 less $10.00) to receive the release on CD. Please remember this is only an estimate, and some of the information may be withheld in full pursuant to FOIA/Privacy Act exemption(s). Also, some information may not be responsive to your subject. Thus, the actual charges could be less. No payment is required at this time. However, you must notify us in writing within thirty (30) days from the date of this letter of your format decision (paper or CD) and your commitment to pay the estimated fee. Mail your response to: Work Process Unit; Record Information/Dissemination Section; Records Management Division; Federal Bureau of Investigation; 170 Marcel Drive; Winchester, VA 22602. You may also fax your response to: 540-868.4997, Attention: Work Process Unit. Sincerely, reftstkic-i3 David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division EFTA01102431  MARTIN G. WEINBERG, P.C. ATTORNEY AT LAW 20 PARK PLAZA, SUITE 1000 EMAIL ADDRESSES: BOSTON. MASSACHUSETTS 02116 FAX - NIGHT EMERGENCY June 24, 2013 David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division RE: Jeffrey E. Epstein Request No.: 1203982-001 Dear Mr. Hardy, In response to your letter of June 18, 2013, please be advised that we would request that the produced documents be in disc form only. We confirm by this letter our commitment to pay the fee. Please contact me if you have any questions regarding this matter. Yours Truly, l in;(4/1 Martin G. Weinberg EFTA01102432