U.S. Department of Justice¶
Federal Bureau of Investigation¶
In Reply, Please Refer to File No.¶
16320 N.W. 2nd Avenue¶
North Miami Beach, Florida 33169¶
October 20, 2009¶
Seth Lehrman, Esquire¶
Rothstein, Rosenfeldt, Adler¶
Fort Lauderdale, FL 33301¶
Re: Jane Doe v. Jeffrey Epstein¶
Case No: 08-80893CIV¶
Dear Mr. Lehrman:¶
We are in receipt of your subpoena in the above referenced civil action, received by this office on October 16, 2009.¶
Please be advised that the FBI response to this subpoena is governed by the provisions of Title 28, Code of Federal Regulations (CFR), Section 16.21 et seq. and the Privacy Act (Title 5, United States Code, Section 552a). These regulations specify that no employee of the Department of Justice, past or present, shall in response to a demand, produce or disclose information unless there is compliance with the applicable provisions. The procedure is mandatory and governs state and federal proceedings and has been upheld in the United States Supreme Court. See U.S. ex rel, Touhy v. Ragen, 340 U.S. 462 (1951).¶
To obtain FBI investigative information, the party making the request must provide to this office an affidavit, or statement which describes the nature of the litigation. To comply with the CFR, the statement should explain the specific information requested and its relevance to the proceedings. If testimony is being sought, then scope of that testimony should be explained. In accordance with these regulations, before any information from FBI files may be released, we must receive and have the opportunity to review you CFR statement.¶
In addition, the Privacy Act (Title 5, U.S.C., Section 522a(b), prohibits the release of agency records pertaining to an individual, or information from those records, for a non-law enforcement purpose. The FBI may not disclose this information without the notarized written consent of each record subject, or an Order from a court of competent jurisdiction authorizing its disclosure by the FBI.¶
In the absence of compliance with the CFR, and either the notarized consent of each record subject or an appropriate court order authorizing disclosure, we are statutorily prohibited from testimony or releasing any records to you. Please take this into consideration, as your deposition may have to be postponed.¶
Enclosure NO CFR Compliance No Records released.¶
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62F-MM-A96023-B -2154¶
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A sample Privacy Act Order is enclosed to assist you in the draft. If your motion is granted, provide the Order along with your CFR compliance to this office. If you are providing the notarized consent forms in lieu of the court order, enclose them along with your CFR compliance.¶
You may direct your correspondence to the attention of Paralegal Specialist , at the above address. In accordance with the above cited law and regulations, we must receive your CFR compliance and the notarized consent or court order before any documents may be released to you.¶
If you have any questions or require further assistance, please contact¶
Very Truly Yours,¶
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