EFTA00179621¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013¶
Page 1 of 70¶
EXHIBIT A¶
PRIVILEGE LOG – WITH VICTIMS’ OBJECTIONS¶
EFTA00179622¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 2 of 70¶
PRIVILEGE LOG – WITH VICTIMS’ OBJECTIONS¶
Key to Objections (linking to Victims’ Motion to Compel Production of Documents that Are Not Privileged)¶
Objection¶
General Objections —¶
| Abbreviation |
|---|
Inadequate Privilege Log¶
Failure to Prove Factual Underpinnings of Privilege Claim¶
Inadequate Log¶
No Factual Underpinnings¶
Waiver of Confidentiality¶
Government’s Fiduciary Duty to Crime Victims Bars Privilege¶
Fiduciary Duty¶
Waiver¶
Communications Facilitating Crime-Fraud-Misconduct Not Covered¶
Crime-Fraud-Misconduct¶
Factual Materials¶
Not in Anticipation of Litigation¶
Documents Not Prepared in Anticipation of CVRA Litigation¶
Ordinary Government Communication No Attorney-Client Relationship¶
Attorney-Client Systems¶
Ordinary Governmental Communications Not Covered¶
Attorney-Client Relationship Not Established¶
Improper Invocation¶
Overriding Need¶
Final Decision Exempted from Privilege¶
Qualified Privilege Overridden By the Victims’ Need for the Documents¶
Privilege Not Properly Invoked¶
Final Decision Exempted from Privilege¶
Investigative Privilege -¶
Improper Invocation Overriding Need¶
Privilege Not Properly Invoked¶
Qualified Privilege Overridden By the Victims’ Need for the Documents¶
Claims Against Public Prosecutor Overriding Need¶
No Work Product Doctrine in the Context of a Claim Against Public Prosecutors Qualified Privilege Overridden By the Victims’ Need for the Documents Work Production Privilege Does No Apply When the Attorney’s Conduct is at Issu¶
Attorney Conduct at Issue¶
Rule 6(e)¶
Court-Authorized Disclosure Not Covered Under Rule 6(e)(3)(E)¶
The Court Has Inherent Power to Release Grand Jury Materials¶
Victims Have Properly Petitioned for the Release of Grand Jury¶
The CVRA Gives the Court Authority to Release Grand Jury Material¶
Court Authorized Under 6(e)(3)(E) Court Inherent Power to Release Victim’s Petition¶
CVRA-authorized release¶
Page 1 of 69¶
EFTA00179623¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 3 of 70¶
Grand Jury Materials Can Be Severed from Other Materials¶
Material Severable¶
No Assertion by Victims¶
Court-Compelled Disclosure¶
| Bates Range | Description | Privilege(s) Asserted | Victims' Objections |
| Box #1P-000001thruP-000039 | File folder entitled“CORR RE GJSUBPOENAS”containing correspondence related to various grand jury subpoenas and attorney(Villafaña)handwritten notes | 6(e)Work Product | Inadequate Log:No Factual Underpinnings;Fiduciary Duty:Not in Anticipation of Litigation;Claims Against Public Prosecutor;Overriding Need;Attorney Conduct at Issue;Factual Materials;Court Authorized Under6(e)(3)(E);Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severable;Overriding Need |
| Box #1P-000040thruP-000549 | Operation Leap Year Grand Jury Log containing subpoenas OLY-01 through OLY-81, correspondence and research related to enforcement of same, documents produced in response to some subpoenas;and attorney(Villafaña)handwritten notes | 6(e)Work ProductContains documents subject to investigative privilegeAlso contains documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log:No Factual Underpinnings;Fiduciary Duty:Factual Materials;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue;Factual Materials;Court Authorized Under6(e)(3)(E);Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severable;Redaction;No Assertion by Victims;Overriding Need |
Page 2 of 69¶
EFTA00179624¶
| case 9:08-cv-80736-KAM | Document 224-1 | Entered on FLSD Docket 08/16/2013 | Page 4 of 70 |
| Bates Range | Description | Privilege(s) Asserted | Victims' Objections |
|---|---|---|---|
| Box #1 P-000550 thru P-000621 | File folder entitled “Ritz Compact Flash SW” containing copies of a sealed search warrant application, warrant, and supporting documents | 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim's Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-000622 thru P-000693 | File folder entitled “PNY Technologies Compact Flash SW” containing copies of a sealed search warrant application, warrant, and supporting documents | 6(e) Contains information subject to investigative privilege Also contains information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim's Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-000694 thru P-000781 | File folder entitled “JE Corporations” containing attorney research on Epstein-owned corporations and prior litigation | Work Product Contains information subject to investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Overriding Need |
| Box #1 P-000782 thru P-000803 | File folder entitled “Capital One” containing subpoena and correspondence | 6(e) | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim's Petition; CVRA-authorized release; Material Severable |
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EFTA00179625¶
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| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-000804 thru P-000854 | File folder entitled “DTG Operations/Dollar Rent-a-Car” containing subpoena and responsive documents | 6(e)Contains documents and information subject to investigative privilegeAlso contains documents and information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-000855 thru P-000937 | File folder entitled “IP Morgan Chase” containing subpoena, correspondence, and responsive documents | 6(e)Contains documents and information subject to investigative privilege | Inadequate Log: No Factual Underpinnings; fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-000938 thru P-000947 | File folder entitled “Washington Mutual” containing subpoena, correspondence, and responsive documents | 6(e)Contains documents and information subject to investigative privilege | Inadequate Log: No Factual Underpinnings; fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-000948 thru P-000982 | File folder entitled “Computer Search &” containing legal research on computer search and handwritten notes on indictment preparation | Work Product Attorney-clientContains information subject to investigative privilege.Also contains information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Ordinary Government Communication; No Attorney-Client Relationship; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Redaction; No Assertion by Victims |
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EFTA00179626¶
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| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-000983 thru P-001007 | File folder entitled “Attorney Notes from Document Review” containing typed and handwritten attorney (Villafafa) notes, target letters, correspondence re grand jury subpoena | 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-001008 thru P-001056 | File folder entitled “Notes from Fed Ex Records” containing handwritten and typed attorney (Villafafa) notes and screen shots of FedEx subpoena response electronic file | Work Product 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-001057 thru P-001959 | File folder entitled “Colonial Bank Records” containing records received in response to grand jury subpoena | 6(e) Contains information subject to investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
Page 5 of 69¶
EFTA00179627¶
Document 224-1 Entered on FLSD Docket 08/16/2013 Page 7 of 70¶
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-002190 Thru P-002089 | File folder entitled “OLY Grand Jury Log Vol 2: OLY-51 THROUGH” containing subpoenas numbered OLY-51 through OLY-81 with related correspondence | 6(e) Contains information subject to investigative privilege. Also contains information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-002090 Thru P-002169 | File folder entitled “Epstein Corporate Records: OLY-51, OLY-52, OLY-53, OLY-54” containing subpoenas, records received in response to subpoenas, and related correspondence | 6(e) Contains information and documents subject to investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-002170 Thru P-002246 | File folder entitled “Colonial Bank” containing subpoenas, correspondence related to subpoenaes, records received in response to subpoenas | 6(e) Contains information and documents subject to investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-002247 Thru P-002265 | File folder entitled “JEGE & Hyperion from Goldberger OLY-46 & OLY-47” containing documents received in response to subpoenas | 6(e) Contains information and documents subject to investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
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EFTA00179628¶
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| Bates Range | Description | Privilege(s) Asserted | Victims' Objections |
| Box #1P-002266ThruP-002386 | Indictment preparation binder containing:Grand jury subpoena log, evidence/activity summary chart, witness/victim names and contact list, attorney(Villafaña) handwritten notes, 302s, portions of state investigative file, attorney(Villafaña) typed notes, of individuals listed as“Additional victims” | Work product6(e)Contains information and documents subject to investigative privilege.Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings;Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under6(e)(3)(E); Court Inherent Power to Release; Proper Victim's Petition; CVRA-authorized release; Material Severable |
| Box #1P-002387ThruP-002769 | Indictment preparation binder containing:Grand jury subpoena log, evidence/activity summary chart, witness/victim names and contact list, attorney(Villafaña) handwritten notes, 302s, portions of state investigative file, attorney(Villafaña) typed notes, relevant pieces of grand jury materials, telephone records/flight records analysis charts,victim/witness photographs, DAVID records, NCICs,and related materials for persons identified asJane Does #15, 16, 17, 18, 19,Past Employees,Misc.Witnesses | Work product6(e)Contains information and documents subject to investigative privilege.Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings;Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under6(e)(3)(E); Court Inherent Power to Release; Proper Victim's Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
EFTA00179629¶
Case 9.08-cv-80/3b-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 9 of 70¶
| Bates Range | Description | Privilege(s) Asserted | Victims' Objections |
| Box #1P-002770ThruP-003211 | Indictment preparation binder containing: witness/victim list with identifying information, sexual activity summary, telephone call summary chart, attorney(Villafaña) handwritten notes, 302s, portions of state investigative file, attorney(Villafaña) typed notes, relevant pieces of grand jury materials, telephone records/flight records analysis charts,victim/witness photographs,DAVID records,NCICs,and related materials for persons identified as Jane Does #1,2,3,4,5,6,7,8 | Work product6(e)Contains information and documents subject to investigative privilege.Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log:No Factual Underpinnings;Fiduciary Duty;Factual Materials;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue;Redaction;No Assertion by Victims |
| Box #1P-003212ThruP-003545 | Indictment preparation binder containing meta-analysis charts of telephone/flight/grand jury information for a number of victim/witnesses,Nadia Marcinkova,and Adriana Mucinska | Work product6(e)Contains information and documents subject to investigative privilege.Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log:No Factual Underpinnings;Fiduciary Duty;Factual Materials;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue;Factual Materials;Court Authorized Under6(e)3(E);Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severable;Redaction;No Assertion by Victims |
Page 8 of 69¶
EFTA00179630¶
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| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-003546 Thru P-003552 | FBI Reports of March 2008 interviews of additional witness/victim located in New York | Work product 6(e) Contains information and documents subject to investigative privilege. Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-003553 Thru P-003555B | Printout of filenames from Federal Express subpoena response with Attorney notations | Work product 6(e) | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Claims Against Public Prosecutor; Overriding Need; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-003556 Thru P-003562 | Document entitled “Identified Numbers” with accompanying handwritten attorney list compiled from grand jury materials and attorney analysis of records | Work product 6(e) Contains information subject to investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
Page 9 of 69¶
EFTA00179631¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 11 of 70¶
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-003563 Thru P-003629 | Folder entitled “Flight Manifests” containing manifests received pursuant to grand jury subpoena | 6(e) Contains information and documents subject to investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty: Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3(E)); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-003630 Thru P-003633 | File folder entitled “Recent Attorney Notes” containing handwritten attorney (Villafafa) notes regarding document review and case strategy | Work product 6(e) Investigative privilege Deliberative process | Inadequate Log: No Factual Underpinnings; Fiduciary Duty: Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3(E)); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-003634 Thru P-003646 | File folder bearing victim name containing FBI interview report from May 2008, telephone activity report with attorney (Villafafa) handwritten notes, related grand jury material | Work product Attorney-client privilege 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty: Factual Materials; Not in Anticipation of Litigation; Ordinary Government Communication; No Attorney-Client Relationship; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3(E)); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
Page 10 of 69¶
EFTA00179632¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 12 of 70¶
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-003647 Thru P-003651 | File folder entitled “Summary of Sexual Activity” containing chart bearing handwritten title “Sexual Activity – Summary” with meta-analysis of information, sorted by name of each victim/witness, including name and identifying information of each victim/witness | Work product 6(e) Investigative privilege Deliberative process Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Claims Against Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-003652 Thru P-003663 | File folder entitled “Victim Civil Suits” | Not privileged. Produced to counsel for Petitioners | N/A |
| Box #1 P-003664 Thru P-003678 | File folder entitled “Research re JE Websites” containing attorney research | Work product | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Claims Against Public Prosecutor; Overriding Need; Attorney Conduct at Issue |
| Box #1 P-003679 Thru P-003680 | File folder entitled “Serene Cano (N.Y. AUSA)” containing attorney (Villafafa) handwritten notes | Work product | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Claims Against Public Prosecutor; Overriding Need; Attorney Conduct at Issue |
| Box #1 P-003681 Thru P-003687 | File folder entitled “Dr. Anna Salter” containing attorney (Villafafa) memo to expert witness and handwritten attorney notes | Work product Investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue |
Page 11 of 69¶
EFTA00179633¶
Case 9.08-cv-60/30-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 13 of 70¶
| Bates Range | Description | Privilege(s) Asserted | Victims' Objections |
| Box #1P-003688ThruP-003693 | File folder entitled“I[] G] Interview”containing attorney handwritten notes of interview, and attorney handwritten notes regarding potential charges | Work productInvestigative privilegeAlso contains information subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Factual Materials: Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue;Redaction; No Assertion by Victims |
| Box #1P-003694ThruP-003711 | File folder entitled“Research re Travel for Prostitution”containing attorney(Villafia) handwritten notes regarding grand jury presentation, chart entitled“Brought to Epstein's House”with handwritten notes, Message Pad meta analysis chart, summary of evidence related to one victim/witness, and relevant grand jury information | Work product6(e)Investigative privilegeAlso contains information and documents subject to privacy rights of victimswho are not parties to this litigation | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Factual Materials: Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue;Factual Materials; Court Authorized Under 6(e)(3)E; Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severable; Redaction;No Assertion by Victims |
| Box #1P-003712 | Empty file folder bearing name of victim/witness | Investigative privilegeAlso contains information subject to privacy rights of victim who is not a party to this litigation | N/A |
| Box #1P-003713ThruP-003746 | File folder entitled“T[] M]” containing grand jury subpoenas, motion and order to compel testimony, and correspondence regarding same | 6(e)Documents under seal pursuant to court order | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Factual Materials: Court Authorized Under 6(e)(3)E; Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severeable |
| Box #1P-003747ThruP-003751 | File folder entitled“Adriana Ross” containing subpoena and correspondence regarding same | 6(e) | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Factual Materials: Court Authorized Under 6(e)(3)E; Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severeable |
Page 12 of 69¶
EFTA00179634¶
| ase 9:08-cv-80736-KAM | Document 224-1 | Entered on FLSD Docket 08/16/2013 | Page 14 of |
| 70 |
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-003752 Thru P-004295 | File folder entitled “PBPD Investigative File” obtained via subpoena | 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-004296 Thru P-004350 | File folder bearing name of victim/witness containing meta-analysis chart showing telephone calls, travel, and grand jury materials relevant to possible charges | 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-004351 Thru P-004381 | File folder entitled “Daniel Gonzalez Documents 53909-004” containing attorney research related to bias issue | Work product | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Claims Against Public Prosecutor; Attorney Conduct at Issue |
| Box #1 P-004382 Thru P-004478 | FileFolder entitled “FEDEX” containing documents obtained via subpoena | 6(e) Investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
Page 13 of 69¶
EFTA00179635¶
Case 9.08-cv-80/3b-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 15 of 70¶
| Bates Range | Description | Privilege(s) Asserted | Victims' Objections |
| Box #1P-004479ThruP-004551 | File Folder entitled"State of Delaware Records" containing documents obtained in preparation for indictment | 6(e)Investigative privilegeWork product | Inadequate Log No Factual Underpinnings;Fiduciary Duty;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue;Factual Materials;Court Authorized Under 6(e)(3)(E);Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severable |
| Box #1P-004552ThruP-004555 | File folder entitled"Jet Blue Records" containing documents obtained via subpoena | 6(e)Work productInvestigative privilegeAlso contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log:No Factual Underpinnings;Fiduciary Duty;Factual Materials;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue;Factual Materials;Court Authorized Under 6(e)(3)(E);Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severable;Redaction;No Assertion by Victims |
| Box #1P-004556ThruP-004560 | File folder entitled"FL EMPLOYMENT RECORDS" containing FDLE records on targets and witnesses obtained at attorney request | Investigative privilegeWork product | Inadequate Log:No Factual Underpinnings;Fiduciary Duty;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue |
| Box #1P-004561ThruP-004565 | File folder entitled"JANUSZ BANASIAK" containing attorney(Villafafa) handwritten notes of interview | Work productInvestigative privilege | Inadequate Log:No Factual Underpinnings;Fiduciary Duty;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue |
Page 14 of 69¶
EFTA00179636¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 16 of¶
| Bates Range | Description | Privilege(s) Asserted | Victims' Objections |
| Box #1P-004566ThruP-004716 | File folder entitled"JANUSZ BANASIAKRECORDS 23-0001 THROUGH 23" containing documents obtained via subpoena | 6(e)Work productInvestigative privilegeAlso contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Factual Materials;Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue;Factual Materials;Court Authorized Under6(e)(3)(E); Court Inherent Power to Release;Proper Victim's Petition;CVRA-authorized release;Material Severable;Redaction;No Assertion by Victims |
| Box #1P-004717ThruP-004722 | File folder entitled"IGOR ZINOVIEV" containing attorney research regarding witness | Work productInvestigative privilege | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue |
| Box #1P-004723ThruP-004725 | File folder entitled"BEAR STEARNS RESEARCH" containing attorney research regarding potential witness and subpoena recipient | Work ProductInvestigative privilege | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue |
| Box #1P-004726ThruP-004819 | File folder entitled"LAWSUITS INVOLVING EPSTEIN CORP'S" containing attorney research regarding Epstein's past personal and business litigative practices | Work ProductInvestigative privilege | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue |
| Box #1P-004820ThruP-004959 | File folder entitled"SEC RECORDS" containing attorney research regarding Epstein financial relationships | Work ProductInvestigative privilege | Inadequate Log: No Factual Underpinnings;Fiduciary Duty: Not in Anticipation of Litigation;Improper Invocation;Overriding Need;Claims Against Public Prosecutor;Attorney Conduct at Issue |
Page 15 of 69¶
EFTA00179637¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 17 of¶
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-004960 Thru P-005059 | File folder entitled “Message Pads” containing selected items from evidence obtained via subpoena | Work Product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-005060 Thru P-005081 | File folder bearing name of victim/witness containing correspondence with counsel for victim/witness, attorney witness outline with attorney handwritten notes, attorney handwritten notes regarding witness reports and case preparation | Work Product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-005082 Thru P-005083 | File folder entitled “New York Trip” containing attorney notes re witness interview | Work product Investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue |
| P-005084 thru P-005107 are non responsive documents and have been removed | N/A |
Page 16 of 69¶
EFTA00179638¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 18 of¶
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-005108 Thru P-005193 | File folder entitled “ANNA SALTER” containing attorney research on select expert, use of experts at trials in child exploitation cases, and additional research materials on offenders and victims | Work product Investigative privilege | Inadequate Log; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue |
| Box #1 P-005194 Thru P-005300 | File folder entitled “Extra Copies” containing meta-analysis chart and 302's of victim/witnesses used in preparing indictment package | Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim's Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-005301 Thru P-005331 | File folder entitled “JUAN ALESSI STATEMENT” containing transcript obtained via subpoena | 6(e) Investigative privilege | Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim's Petition; CVRA-authorized release; Material Severable |
| Box #1 P-005332 Thru P-005341 | File folder entitled “KEN LANNING” containing attorney research on select expert, including attorney handwritten notes | Work product Investigative privilege | Inadequate Log; No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue |
Page 17 of 69¶
EFTA00179639¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 19 of¶
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-005342 Thru P-005387 | File folder entitled “Info re Planes” containing correspondence regarding subpoenas and documents received in response to subpoenaes | 6(e) Investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
| Box #1 P-005388 Thru P-005442 | File folder entitled “Police Reports & PC Affidavit” containing portions of police reports with attorney notes, related phone records, a list entitled “Victims” with identifying information and attorney handwritten notes, photographs and DAVID information, and additional attorney research regarding Epstein sexual activity | Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney conduct at issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-005443 Thru P-005496 | File folder entitled “[Victim name] Transcript of Interview & GJ Transcript” | 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #1 P-005497 Thru P-005556 | File folder entitled “Bear Stearns Subpoena Resp.” containing material received in response to subpoena | 6(e) Investigative privilege | Inadequate Log: No Factual Underpinnings; Fiduciary Duty; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable |
Page 18 of 69¶
EFTA00179640¶
Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 20 of¶
| Bates Range | Description | Privilege(s) Asserted | Victims’ Objections |
|---|---|---|---|
| Box #1 P-005557 Thru P-005576 | U.S. Attorney’s Office Criminal Case File Jacket containing file opening documents, expert witness payment documents | Work product Deliberative process | Inadequate Log: No Factual Underpinnings; Fiduciary Duty: Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue |
| Box #1 P-005578 Thru P-005583 | U.S. Attorney’s Office Asset Forfeiture Case File Jacket containing file opening and file closing documents | Work product Deliberative process | Inadequate Log: No Factual Underpinnings; Fiduciary Duty: Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue |
| Box #1 P-005584 Thru P-005560 | File folder entitled “6001 Immunity Request” containing internal memoranda seeking witness immunity and correspondence with counsel for witness regarding same | 6(e) Work product and deliberative process (as to internal memoranda) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty: Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
| Box #2 P-005607 Thru P-005914 | File folder entitled “MASTER PHONE RECORDS” containing meta-analysis of all phone, travel, and grand jury data for all victim/witnesses for indictment preparation | Work product 6(e) Investigative privilege Also contains information and documents subject to privacy rights of victims who are not parties to this litigation | Inadequate Log: No Factual Underpinnings; Fiduciary Duty: Factual Materials; Not in Anticipation of Litigation; Improper Invocation; Overriding Need; Claims Against Public Prosecutor; Attorney Conduct at Issue; Factual Materials; Court Authorized Under 6(e)(3)(E); Court Inherent Power to Release; Proper Victim’s Petition; CVRA-authorized release; Material Severable; Redaction; No Assertion by Victims |
Page 19 of 69¶