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Correspondence · March 16, 2010

FBI letter refusing to release records to plaintiffs' counsel in Epstein suit, 2010

EFTA00128744

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

March 16, 2010

Sent Via Facsimile & U.S. Mail

Jessica D. Arbour, Esq.

Mermelstein & Horowitz, PA

Miami, Florida 33160

Re: Jane Doe 2-7 v. Jeffrey Epstein

Dear Ms. Arbour:

We are in receipt of your subpoena and letter dated March 12, 2010. Please be advised that the FBI response to this request 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).

In addition, the Privacy Act (Title 5, U.S.C., Section 552a(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 either the notarized consent of the record subject, or an appropriate court order authorizing disclosure, we are statutorily prohibited from releasing any information to you.

As you noted in your letter you will seek a court order allowing for the release of the records requested. Once the Privacy Act Order is issued, please provide a copy of the order along with a letter complying with the Code of Federal Regulations directed to Chief Division Counsel Frank Navas at the above address. In accordance with the above cited law and regulations, we must receive the notarized consent or Privacy Act Order before any documents may be released to you.

L1: /Aponte:/07SDkA01.wPD

EFTA00128745

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