EFTA00179092¶
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶
IN RE: GRAND JURY SUBPOENAS DUCES TECUM NUMBERS OLY-64 AND OLY-64¶
FGJ 07-103 (WPB)¶
MOTION FOR LEAVE TO FILE SUPPLEMENTAL EX PARTE DECLARATION IN¶
SUPPORT OF UNITED STATES’ RESPONSE TO MOTION TO QUASH¶
UNDER SEAL¶
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶
IN RE: GRAND JURY SUBPOENAS DUCES TECUM NUMBERS OLY-64 AND OLY-64¶
FGJ 07-103 (WPB)¶
UNDER SEAL¶
MOTION FOR LEAVE TO FILE SUPPLEMENTAL EX PARTE DECLARATION IN SUPPORT OF UNITED STATES’ RESPONSE TO MOTION TO QUASH¶
The United States of America, by and through the undersigned Assistant United States Attorney, hereby asks for permission to file a Supplemental ex parte Declaration in support of its Response to Jeffrey Epstein’s Motion to Intervene and to Quash Subpoenas and Cross-Motion to Compel.¶
In support thereof, the United States states the following:¶
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The Declaration contains additional information relating to an ongoing grand jury investigation; thus, pursuant to Fed. R. Crim. P. 6(e)(6), all records and orders related to the grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a matter occurring before the grand jury.
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The Declaration is being filed ex parte because disclosing them to the target would jeopardize the criminal investigation, and undermine the function of the grand jury.
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As the Supreme Court has held, “[r]equiring the Government to explain in too much detail the particular reasons underlying a subpoena threatens to compromise ‘the indispensable secrecy of the grand jury proceedings.’” United States v. R. Enterprises, Inc., 498 U.S. 292, 299 (1991) (quoting United States v. Johnson, 319 U.S. 503, 513 (1943)).
“The need to preserve the secrecy of an ongoing grand jury investigation is of paramount¶
EFTA00179094¶
importance.” In re Grand Jury Proceedings in Matter of Freeman, 708 F.2d 1571, 1576 (11th Cir. 1983) (extensive citations omitted).¶
- The issues raised by Intervenor Epstein’s Motion to Quash require the United States to provide information obtained through the Grand Jury’s investigation. Due to the pendency of the investigation, and the requirements of Grand Jury secrecy, the United States asks that the Court allow the United States to file a Supplemental Ex Parte declaration, which further addresses the factual issues raised by Intervenor Epstein, without being forced to disclose the status of the grand jury investigation and the matters occurring before the grand jury to Epstein.
Prior to its initial Motion to File Ex Parte Affidavits, Rules, the undersigned conferred with counsel for Intervenor Epstein, who advised that he opposes the granting of this motion.¶
WHEREFORE, the United States respectfully requests that it be allowed to file its Supplemental Declaration Ex Parte in support of its Response to the Motion to Quash.¶
Respectfully submitted,¶
By:¶
R. ALEXANDER ACOSTA¶
UNITED STATES ATTORNEY¶
Assistant United States Attorney¶
Florida Bar No.¶
500 South Australian Avenue, Suite 400¶
West Palm Beach FL 33401¶
Telephone:¶
Facsimile:¶