FILED¶
March 17, 2021 ST-2021-RV-00005 TAMARA CHARLES CLERK OF THE COURT¶
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. AND ST. JOHN¶
IN THE MATTER OF THE ESTATE OF: ) PROBATE NO. ST-19-PB-80¶
JEFFREY E. EPSTEIN,¶
deceased. )¶
GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS’ NOTICE OF APPEAL & PETITION FOR REVIEW OF MAGISTRATE JUDGE’S ORDERS¶
The Government of the United States Virgin Islands (“Government”) hereby petitions pursuant to V.I. Super. Ct. R. 322(6)(1) and/or 322.1(b) for review of the Magistrate Judge’s February 26, 2021 orders (published March I, 2021)1 in In Re: The Estate of Jeffrey E. Epstein, No. ST-2019-PB-00080, which: (1) Denied the Government’s Motion to Intervene in the Probate action as a claimant against the Estate (order attached as Exhibit I); and (2) Struck the Government’s Emergency Motion to Freeze All Estate Assets and Cash on Hand (order attached as Exhibit 2). In support thereof, the Government slates as follows:¶
BACKGROUND & LEGAL ARGUMENT¶
Jeffrey Epstein was found dead on August 10, 2019, while in custody in New York for sex crimes. Compl., Gov’t U.S. Virgin Islands v. Estate opeffrey Epstein, et at, No. ST-2020-CV-14, r 7 (V.I. Super Ct. Jan. 15, 2020). On August 15, 2019, the Estate of Jeffrey Epstein (“the Estate”) was created. Id.1 8.¶
I Although the orders are dated February 26, 2021, the Government did not learn of them until it received a press inquiry on March 12, 2021. The Government contacted the Clerk of the Court, who confirmed that it appears that the Government had not been electronically served with the orders. The Clerk of the Court then served the Government with notice of the orders on March 17, 2021. Therefore, the time to appeal under Rule 322(bX1) and/or Rule 322.1(b)(2)(A) should be calculated from March 17, 2021, making the Government’s Petition timely.¶
On November 14, 2019, the Executors of the Estate filed an Expedited Motion for Establishment of a Voluntary Claims Resolution Program (“Epstein Fund” or “Fund”). The Motion asked the Magistrate Judge to “establish an independent and voluntary claims resolution program … for purposes of resolving sexual abuse claims against Jeffrey E. Epstein(.]” Id. at I.¶
On January 15, 2020, the Government filed a lawsuit against the Estate, the 1953 Trust, and numerous Epstein business affiliates and associates for violation of the Criminally Influenced and Corrupt Organization Act (“CICO”), 14 V.I.C. § 600 et seq., and civil conspiracy, seeking forfeiture and divestment of assets in favor of the Government, civil penalties, damages, and other remedies.2¶
The Probate Court’s ruling not only fails to recognize the Government’s interest, which supports mandatory or permissive intervention, but also ignores the complexity of this proceeding and its significance to Epstein’s victims and to the people of the Virgin Islands more broadly. As Plaintiff in its CICO litigation, the Government has an interest in the assets of the Estate, as well as in ensuring that the laws of the Virgin Islands are enforced for the benefit of the Government, the People of the Virgin Islands, and the victims of Epstein’s crimes. The Executors of the Estate, who are alleged to have been affiliated with various entities that participated in Epstein’s criminal enterprise, cannot adequately stand in for the Government. Therefore, the Government should be allowed to intervene. In re the Estate of Small, 57 V.I. 416, 423 (2012); Hendricks v. Clyne, No. ST-16-CV-147, 2019 WL 918607, at *2 (V.1. Super. Ct. Feb. 20, 2019); V.I. R. Civ. P. 24.¶
{sup}2 The Government filed its operative First Amended Complaint in its CICO action on February 10, 2020 and its Second Amended Complaint on February 20, 2021.¶
Finally, with or without intervention, the Probate Court had jurisdiction to decide the Government’s Emergency Motion. It should be noted that the Presiding Judge in its March 12, 2021 Order in the CICO action (Exhibit 3) recognized the overlapping issues in the CICO and Probate matters. As a result, the Court has asked the parties to brief whether this case should be designated as complex and transferred to the same Superior Court Judge assigned to the CICO matter so the Probate and CICO matters can be “coordinated together” to avoid “inconsistent rulings.”¶
ISSUES PRESENTED FOR REVIEW¶
-
- Whether the Magistrate Judge properly denied the Government’s Motion to Intervene as a claimant against the Estate of Jeffrey E. Epstein.
-
- Whether the Magistrate Judge properly denied the Government’s Emergency Motion to Freeze All Estate Assets and Cash on Hand based on lack of standing because the Government is not a party to and was denied intervention in the Probate action, even though it has a claim against the Estate.
Respectfully Submitted,¶
DENISE N. ESQUIRE ATTORNEY GENERAL¶
Dated: March 17, 2021 By: /s/ Carol¶
CAROL , ESQUIRE Chief Deputy Attorney General Virgin Islands Department of Justice Office of the Attorney General 34-38 Kronprindsens Gade G.E.R.S. Complex, 2nd Floor St. U.S. Vir in Isla 00802 Email: (340) 774-5666 ext. 10101¶
CERTIFICATE OF SERVICE¶
IT IS HEREBY CERTIFIED that the foregoing Petition complies with the word-count requirement of V.I. Super. Ct. R. 322(b)(2) (773 words) and that a true and correct copy of this petition was served via the electronic filing system and by email to counsel of record on March 17, 2021 to:¶
KROBLIN, ESQ. ANDREW W. HEYMANN, ESQ., WILLIAM BLUM, ESQ. SHARI D’ANDRADE ES . KELLERHALS KROBLIN PLLC Palms Professional Building 9053 Estate , Suite 101 St. , V.I. 00802-3602 Email: ckroblin@kellfer.com aheymann@solblum.com wblum@solblum.com sdandrade@kellfer.com mwhalen@kellfer.com
¶
ANDREW TOMBACK & CASE, LLP 1221 Avenue of the Americas New York, New York 10020-1095 United States Email: andrew.tomback@whitecase.com¶
DANIEL WEINER MARC A. WEINSTEIN HUGHES HUBBARD & REID, LLP One Battery Park Plaza New York, NY 10004-1482 United States Email: daniel.weiner®hugheshubbard.com marc.weinstein@hugheshubbard.com¶
By: /s/Cwt CAROL ESQUIRE
¶
FILED March 17, 2021 5T-2019-PB-00080 TAMARA CHARLES :LERK OF THE COURT¶
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. ‘SAND ST. JOHN¶
) IN THE MATTER OF THE ESTATE OF: ) PROBATE NO. ST-2019-PB-00080 JEFFREY E. EPSTEIN, ) ACTION FOR TESTATE¶
deceased. ) ADMINISTRATION¶
ORDER¶
THIS MATTER is before the Court on a Motion to Intervene filed on January 23, 2020, by the Government of the United States Virgin Islands (hereinafter the “Government”), by and through Ariel Esq., Chief of the Civil Division, Virgin Islands Department of Justice, wherein, in pertinent part, the Government moved to intervene in In the Matter of the Estate oPeffrey E. Epstein, Super. Ct. Prob. No. 80/2019 (STT), pursuant to Rule 24 of the Virgin Islands Rules of Civil Procedure. This Motion was argued before the Court on February 4, 2020, on which date the Government was represented by Attorneys Ariel and Pamela Tepper. Consistent with the Court’s ruling on even date, this Motion is denied without prejudice.’ Accordingly, it is hereby¶
ORDERED that the Motion to Intervene filed January 23, 2020, is DENIED without prejudice; and it is further¶
ORDERED that a copy of this Order shall be directed to counsel of record.¶
Dated: FebruaryOj V.2021 Nunc pro tune to February 4, 2020¶
ATTEST: TAMARA CHARLES Clerk of the Court¶
By: EDOTCIA TH AS-HODGE Court Clerk Supervisor 3 / ( /204(¶
CAR . H RM o N- ERCELL Magistrate Judge uperior Court of the Virgin Islands¶
{sup}INotwithstanding the Court’s denial of said Motion at the February 4, 2020 hearing, the Government continued to file pleadings with the Court concerning its requested intervention. The Court considers the pleadings filed subsequent to the February 4, 2020 hearing to be advisory or informational in nature. Therefore, the Court will take no action upon said pleadings. The Court notes that at said hearing, it requested that the Co-Executors and the Government resolve their differences concerning the Voluntary Claims Resolution Program.¶
FILED March 17, 2021 ST-2019-PB-00080 TAMARA CHARLES¶
:LERK OF THE COURT IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. AND ST. JOHN¶
IN THE MATTER OF THE ESTATE OF: ) PROBATE NO. ST-2019-PB-00080¶
JEFFREY E. EPSTEIN, ) ACTION FOR TESTATE deceased. ) ADMINISTRATION¶
ORDER¶
THIS MATTER is before the Court on an Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand (hereinafter the “Emergency Motion”) filed on February 4, 2021, by the Government of the United States Virgin Islands (hereinafter the “Government”), by and through Carol an= Esq., Chief Deputy Attorney General, wherein, the Government moves to freeze the assets of the Estate of Jeffrey E. Epstein based upon its contention that the Estate has breached its commitment to fund the Epstein Victims’ Compensation Program.¶
Claimant Alice Poe, by and through A.J. Weiss and Associates (A. Jeffrey Weiss, Esq., as counsel), as well as WESTFALL LAW PLLC (Melody Westfall, Esq., as counsel) and Sean a Esq., attorneys for various sexual abuse claimants, each filed a Joinder in Support of the Emergency Motion.’ Thereafter, on February 10, 2021, the Co-Executors of the Estate of Jeffrey E. Epstein, Darren K. Indyke and Richard D. Kahn, by and through KELI.ERI1ALS KROBLIN PLLC ( Kroblin, Esq., as counsel) filed the Co-Executors’ Opposition to Attorney General’s Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand. Subsequently, on February 12, 2021, the Government, by and through Attorney MEI, filed the Government’s Notice of Complaint Filing Related to Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand.¶
{sup}IWESTFALL LAW PLL oinder in Support of Emergency Motion was filed on February 5, 2021 and on February 9, 2021; Attorney Joinder in Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand was filed on e ruary 5, 2021: and Claimant Alice Poe’s Notice of Joinder in Support of Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand was filed on February 9, 2021. WESTFALL LAW PLLC also filed aReply Joinder in Further Support of Emergency Motion on February 22, 2021.¶
On February 4, 2020, the Court held ahearing on various motions in this case, including the Government’s Motion to Intervene filed on January 23, 2020. The Motion to Intervene was argued before the Court on February 4, 2020, on which date the Government was represented by Attorneys Ariel and Pamela Tepper. After considering arguments from Counsel on even date, the Court orally denied the Motion to Intervene without prejudice.{sup}2 Therefore, because the Government is not aparty to this action and is not permitted to intervene, the Government does not have standing to move the Court to freeze the Estate’s assets and all its cash on hand. As such, the Court need not address the Government’s arguments arising thereunder.¶
For these reasons, the Court will use its inherent authority to strike the Emergency Motion and all responses thereto from the record.{sup}3 Accordingly, it is hereby¶
ORDERED that the: (1) Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand filed by the Government of the United States Virgin Islands, by and through Carol Esq., Chief Deputy Attorney General, on February 4, 2021; (2) Joinder in Support of Emergency Motion filed by WESTFAI.I. LAW PLLC (Melody Westfall, Esq., as counsel), on February 5, 2021; (3) Joinder in Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand filed by Scan Esq., on February 5, 2021; (4) Notice of Joinder in Support of Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand filed by Claimant Alice Poe, by and through A.J. Weiss and Associates (A. Jeffrey Weiss, Esq., as counsel) on February 9, 2021; (5) Joinder in Support of Emergency Motion filed by WESTFA1.1. LAW PLLC (Melody Westfall, Esq., as counsel) on February 9, 2021; (6) Co-Executors’ Opposition to Attorney General’s Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand filed by the Co-Executors, Darren K. Indyke and Richard D. Kahn, by and through KEI.LERIIALS KROBLIN PLLC Krobl in, Esq., as counsel) on February 10, 2021; (7) Government’s Notice of Complaint Filing Related¶
An Order memorializing this ruling was entered on February 24, 2021, none pro tune to the date of the February 4, 2020 hearing.¶
{sup}3See. e.g.. Der Weer v. Hess Oil V.I. Corp.,64 V.I. 107, 126, (V.I. Super. Ct. 2016) (“a court has ‘inherent authority to strike any filed paper which it determines to be abusive or otherwise improper under the circumstances.”) (quoting Sierra v. United Slates, Civ. No. 97-9329, 1998 U.S. Dist. LEXIS 14133, at ‘27 (S.D.N.Y. Sept. 9. 1998) (unpublished).¶
to Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand filed by the Government of the United States Virgin Islands, by and through Carol MIB.MI Esq., Chief Deputy Attorney General, on February 12, 2021; and (8) Reply Joinder in Further Support of Emergency Motion filed by WESTFALL LAW PLLC (Melody Westfall, Esq., as counsel) on February 22, 2021, are STRICKEN from the record; and it is further¶
ORDERED that {sup}acopy of this Order shall be directed to coun I of record.¶
DATED: Februat¶
ATTEST: TAMARA CHARLES Clerk of the Court¶
By: /f’.940 DOTC A TH MAS-HODGE Court Clerk Supervisor 3 / /A0.24¶
CAR • LYN . HERM i N- ERCELL Magistrate Judg; of the uperior ourt of the Virgin Islands¶
FILED march 17, 2021 5I-2019-PB-00090 TAMARA CIRRUS ‘I.ERK OF THE COURT¶
SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. / ST. JOHN¶
GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS,¶
PLAINTIFF,¶
v.¶
DARREN K. INDYKE, IN HIS CAPACITY AS THE EXECUTOR FOR THE ESTATE OF JEFFREY E. EPSTEIN AND ADMINISTRATOR OF THE 1953 TRUST; RICHARD D. KAHN, IN HIS CAPACITY AS THE EXECUTOR FOR THE ESTATE OF JEFFREY E. EPSTEIN, AND ADMINISTRATOR OF THE 1953 TRUST; ESTATE OF JEFFREY E. EPSTEIN; THE 1953 TRUST; PLAN D, LLC; GREAT ST. JIM, LLC; NAUTILUS, INC.; HYPERION AIR, LLC; POPLAR, INC.; SOUTHERN TRUST COMPANY, INC.; AND JOHN AND JANE DOES,¶
DEFENDANTS.¶
Case No. ST-2020-CV-00014¶
Action for Damages¶
Jury Trial Demanded¶
ORDER¶
THIS MATTER was referred to the Complex Litigation Division to determine whether to designate this case as complex pursuant to Rule 92 of the Virgin Islands Rules of Civil Procedure. The co-executors of the Estate of Jeffrey E. Epstein filed a motion on February I. 2021 for complex treatment and the Court (Tejo, J.) granted the motion and referred this matter for a determination. In order to avoid delay, and to ensure that all issues relevant to the determination are addressed, the Court will set abriefing schedule for the parties to follow. The Court acknowledges that, in their February I, 2021 motion, the Co-Executors reference the related probate matter, In re: Estate of Jeffrey E. Epstein, Case No. ST-2019-PB-00080. The Court will also direct the parties to address whether the probate matter should be designated complex so that both matters can be coordinated together in the event that the Court, in its administrative¶
capacity in the absence of ajudge assigned to the Complex Litigation Division, concludes that the litigation involving the Estate of Jeffrey E. Epstein should be treated as complex.¶
Accordingly, it is hereby¶
ORDERED that the movants, the Co-Executors of the Estate of Jeffrey E. Epstein, have leave to SERVE and FILE a supplemental brief within seven (7) days from the date of entry of this Order, to address, if not already addressed in their February I, 2021 motion, whether In re: Estate of Jeffrey E. Epstein, Case No. ST-2019-PB-00080, should be designated as complex. or reassigned to the same judge to avoid delay and inconsistent rulings. cf. V.I. R. Civ. P. 92(g); and (2) to identify whether, in their capacity as executors, any other civil actions or proceedings are currently pending in the Superior Court of the Virgin Lslands that also should be reassigned to the same judge to avoid delay, cf. In re Procedure for the Assignment & Reassignment of Related Cases & Proceedings. Case No. SX-2020-MC-00087, {sup}2020V.I. LEXIS 75 (V.1. Super. Ct. Dec. 3, 2020). It is further¶
ORDERED that all parties to this case, except the Co-Executors, and any panics to the probate matter, except the Co-Executors, MAY SERVE and FILE a response in writing no later than fifteen (15) days after the supplemental response requested above is filed to respond to the February 1, 2021 motion, as supplemented. Failure to respond will be treated as no opposition to the Co-Executor’s motion. It is further¶
ORDERED that the Co-Executors MAY SERVE and FILE a consolidated reply to any and all arguments raised in opposition to their motion, as supplemented, within seven (7) calendar days after the last response is filed. It is further¶
ORDERED that no extensions of time will be granted as the time for filing an opposition has already passed. All parties are further advised that the Court will decide the motion on the papers without oral argument. It is further¶
ORDERED that the Clerk’s Office shall SERVE a copy on all parties who appeared in this case as well as any attorneys who appeared in the probate matter, and DOCKET a copy of this order and the accompanying notice of entry in the probate matter.¶
DONE and so ORDERED this 12{sup}th day of March, 2021.¶
HAROLD W.L. WILLOCKS Presiding Judge of the Superior Court¶
ATTEST:¶
TAMARA CHARLES Clerk of the Court¶
By: [Signature]¶
Court Clerk [Signature]¶
Dated: 3/12/2021¶
FILED March 12, 2021 ST-2020-CV-00014 TAMARA CHARLES :LERK OF THE: COURT¶
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS District of St. ”_‘St. John¶
GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS,¶
Plaintiff,¶
v .¶
DARREN K. INDYKE, in his capacity as the EXECUTOR FOR THE ESTATE OF JEFFREY E. EPSTEIN and ADMINISTRATOR OF THE 1953 TRUST, et al.,¶
Defendants.¶
To:¶
Case Number: ST-2020-CV-00014 Action: Damages¶
NOTICE of ENTRY of ORDER¶
John- B. Pate Linda Carol Laura Arid M. ca A. Kroblin Wi lam um, Marjorie Beth Whalen Andrew Heymann, Shari Natala D’Andrade, Esq. Robert assman, Esq.¶
a(n) ORDER dated March 12, 2021 was/were entered by the Clerk in the above-titled matter.
¶
John H. Benham, Esq. Rosalie Simmonds Ballentine, Esq. Douglas B. Chanco, Esq. John K. Dema, Esq. Kevin F. D’Amour, Esq. Melody D. Westfall, Esq. A. Jeffrey Weiss, Esq. Richard Bourne-Vanneck, Esq. Denise N. Esq. Gaylin Vogl”. Kevin Boyle, Esq.¶
Please take notice that on March 12, 2021¶
Dated: March 12, 2021¶
By:¶
Tamara Charles Clerk of the Court¶
Cheryl Court ciffttlri
¶