8/17/2007 3:35 PM FROM: William L. Richey, P William L. Richey, P.A. TO:¶
UNITED STATES DISTRICT COURT¶
SOUTHERN DISTRICT OF FLORIDA FGJ 07-103 (WPB)¶
IN RE GRAND JURY SUBPOENAS¶
DUCES TECUM NUMBERS¶
OLY-63 & OLY-64¶
FILED UNDER SEAL¶
REPLY OF WILLIAM RILEY AND RILEY KIRALY TO THE GOVERNMENT’S RESPONSE TO THE MOTION TO INTERVENE AND TO QUASH GRAND JURY SUBPOENAS AND CROSS MOTION TO COMPEL¶
William Riley and Riley Kiraly (“Riley”), by and through undersigned counsel, file this Reply to the Response of the United States to the Motion of Jeffrey Epstein to Intervene and to Quash Grand Jury Subpoenas and Cross Motion to Compel to respond to the Government’s assertions that Riley failed to appear before the grand jury.$^1$ The Government is mistaken.¶
Riley’s appearance before the grand jury was originally scheduled for July 10, 2007. By the agreement of the parties, that appearance was rescheduled for July 17, 2007. The day before that scheduled appearance, i.e., July 16, 2007, counsel for Jeffrey Epstein, who seeks to intervene in this matter, was informed by Deputy Chief that Riley did not have to appear physically before the grand jury if a motion to quash the subpoena at issue was filed by Epstein before the end of the day on July 17, 2007. As the Government’s Response states, Epstein’s motion to quash was filed on July 17, 2007 before the close of business. See Gov’t Resp. at 1. Riley was informed of these matters by Roy Black, Esquire, and did not appear in reliance on the Government’s agreement with Roy Black.¶
1 Undersigned counsel has been out of the country and just recently returned. Accordingly, this Reply has been prepared within days of his return.¶
William L. Richey, P.A. 201 South Biscayne Boulevard, 34th Floor, Miami Center, Miami, Florida 33131-4325¶
EFTA00178967¶
8/17/2007 3:35 PM FROM: William L. Richey, P William L. Richey, P.A. TO:¶
PAGE: 003 OF 004¶
FGJ 07-103 (WPB)¶
Therefore, contrary to the Government’s claim, Riley did not flout the subpoena. Rather, Riley’s non-appearance was known by the Government, and Riley met the condition of that excuse, that is. Epstein timely filed the motion to quash.¶
Respectfully submitted,¶
WILLIAM L. RICHEY, P.A.¶
201 South Biscayne Boulevard¶
34th Floor, Miami Center¶
Miami, Florida 33131¶
CERTIFICATE OF SERVICE¶
I hereby certify that on August 17, 2007, the foregoing document will be served via facsimile and U.S. Mail on counsel, as listed on the attached service list. This document was not filed using CM/ECF because it is being filed under seal.¶
-2-¶
William L. Richey, P.A.¶
201 South Biscayne Boulevard, 34th Floor, Miami Center, Miami, Florida 33131-4325¶
- Facsimile
EFTA00178968¶
8/17/2007 3:35 PM FROM: William L. Richey, P William L. Richey, P.A. TO:¶
PAGE: 004 OF 004¶
FGJ 07-103 (WPB)¶
Service List¶
In re: Grand Jury Subpoenas¶
FGJ 07-103 (WPB) United States District Court, Southern District of Florida¶
Assistant US Attorney¶
500 South Australian Avenue, Suite 400¶
West Palm Beach, Florida 33401¶
Fax: [blank]¶
Roy Black, Esquire¶
Black Srebnick Kornspan & Stumpf¶
201 South Biscayne Boulevard, Suite 1300¶
Miami, Florida 33131¶
Fax:¶
201 South Biscayne Boulevard, 34th Floor, Miami Center, Miami, Florida 33131-4325¶