Subject: RE: Epstein investigation¶
Date: Wed, 19 Dec 2018 21:31:16 +0000¶
Importance: Normal¶
I understand you spoke with earlier today about the ODAG authorization to move forward with the investigation, and our current to-do list—including the high priority of being in touch with the relevant agents in Florida to get their documents. She mentioned that the Florida agents were willing to give us access to the investigative materials but were concerned about doing so without the knowledge of the U.S. Attorney’s Office in the Southern District of Florida.¶
We wanted to expedite and elevate that issue as soon as possible, so we asked our Criminal Division chief to reach out to SDFL and she called their criminal chief this afternoon. She advised SDFL that we have an active investigation, and the SDFL criminal chief acknowledged having received that information and said that the SDFL U.S. Attorney’s Office considers itself fully conflicted and walled off from any investigation in connection with Epstein (due to factors including the nonprosecution agreement and the ongoing lawsuit against the district arising from the initial investigation). So we will not have contact with them as part of our investigation, and we can tell Florida FBI that SDFL is aware of the investigation at the highest levels but the agents shouldn’t be in touch with line assistants there—and if they do feel they need to confirm that information, or otherwise be in touch, it would make sense for that to be a supervisor-level communication with the criminal chief of that office.¶
Just to provide some context on that, there is an active civil lawsuit against that office to attempt to overturn the nonprosecution agreement, so we have to take care not to cause any conflicts of interest or other issues in connection with that. For the same reasons, we should try to avoid any cross-over with any agents who have had a role in the suit—for example, if they’ve been deposed, served with a subpoena, etc.—to avoid accidentally getting ourselves tangled in anything that doesn’t involve our office.¶
Separately, we’ve started to carefully reach out to some of the relevant victim attorneys, and we expect that will continue in the next few days.¶
We’re happy to discuss any of that via phone if that would be useful, just wanted to send an email ASAP to give you the update.¶
Assistant U.S. Attorney¶
Southern District of New York¶
EFTA00068206¶