Subject: RE: Epstein Arrest Seizure Items¶
Date: Tue, 16 Jul 2019 15:45:52 +0000¶
Importance: Normal¶
Embedded: Undeliverable: _Epstein_Arrest_Seizure_Items.msg;¶
Undeliverable: _Epstein_Arrest_Seizure_Items(1).msg¶
I received bounce-back messages for two att.net emails in response to the below (attached), so just want to make sure, Marty, that you were able to receive the email at your firm email address. Thanks.¶
Hi Marty,¶
In reverse order, we’re not prepared to make any generalized representations regarding any communications within the Department in its entirety, but I note for your reference that the Southern District of Florida apparently recused itself in or about March 2019, and it was only at that point, to my knowledge, that the Northern District of Georgia became involved in the CVRA case. As we have noted, our investigation had been active for several months at that time. And we will further discuss your other communications-related questions and get back to you.¶
Regarding the review of electronic devices, we’ll discuss internally whether we’re in a position to specifically describe our review and screening process, but certainly it would be helpful in the first instance for you to provide the list of attorneys and/or firms that could implicate privilege. You can simply send that list to us—unless you have concerns that even the identities of those attorneys and firms would disclose privileged information, though I think ideally the case team would benefit from having that information as further protection against any taint.¶
thanks,¶
Good morning¶
The purpose of this email is to address two issues separate from the ongoing bail/detention hearings.¶
EFTA00083961¶
First, the seizure of various phones and computer-type devices from Mr Epstein and his residence. I would like to discuss the protocol for any search of the devices with the purpose of protecting the confidentiality of a vast amount of attorney-client and work product privileged communications that are within these devices. Can we schedule a call? I have assembled a preliminary list of attorneys. If the matter has been delegated to a taint prosecutor, and without waiving rights to contest the process, I would like to send the list of attorneys to that taint prosecutor.¶
Second, yesterday stated that there had been no communications with the SD Fla. That is not surprising since they are recused. Would you inform the defense whether there has been a similar absence of any contact with the ND Ga prosecutors (in particular or with Main Justice (eg CEOS or others)? I would also want to explore with you an agreement on preserving emails, texts, voicemessages, documents that would be relevant to the genesis of the SDNY investigation given the issues that we have raised regarding the NPA. I am not by this email seeking their discovery (a future issue), only an agreement on their preservation.¶
Marty¶
Thanks¶
This Electronic Message contains information from the Law Office of Martin G. Weinberg, P.C., and may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, please note that any disclosure, copying, distribution, or use of the contents of this message is prohibited.¶
Marc,¶
Circling back on this, I’ll ask the agents to bring the cash and other personal effects seized from Mr. Epstein to the hearing on Thursday, unless it is important to receive them before then, in which case please let me know and I’ll try to arrange that. With respect to the electronic devices, we’ve obtained a warrant to search them and so will be retaining them as evidence.¶
Hi . Sorry to bug you while you may be working on a bail reply.¶
I’m having trouble reaching Agent to coordinate pickup of the cellphone and other items seized upon Epstein’s arrest. She said she’d be out in the field, but I don’t hear from the intermediary agent — identity unknown — who was¶
EFTA00083962¶
supposed to handle it in her absence. Can you step in and try to move this along?¶
Thanks a lot.¶
Sorry to trouble again. No answer or VM pickup at that number. I’ll try again later so long as it’s the right number. Can you confirm? Many thanks.¶
Marc Fernich, Esq.¶
EFTA00083963¶
Apologies for the delay on this, and thanks for following up. The best way to coordinate this is to contact the case agent directly – I just spoke to her so she’ll be expecting your call. They’re running around, so if you reach out and aren’t able to connect today please let me know, but hopefully we can get it coordinated. The contact is Special Agent , and she can be reached at .¶
thanks,¶
Sent: Monday, July 08, 2019 15:40¶
Subject: Re: U.S. v. Epstein, 19 Cr. 490 (RMB), Government bail memorandum¶
One of your agents told Marty the case agent would return Epstein’s phone, the cash and other items taken from his person upon arrest. Marty’s returning to Boston shortly. Can you arrange for me to take possession of those items?¶
Thanks,¶
Marc¶
Sent from my iPhone¶
On Jul 8, 2019, at 10:53 AM,¶
Marc,¶
Wanted to send this to you as well in case your co-counsel can’t receive it in the Court. Please let me know if it would be helpful to get a hard copy – I’m copying two of our paralegals who can bring you (or co-counsel) a copy; I’ll be unreachable for the next hour or so.¶
thank you,¶