EFTA00179641 Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 21 of 70
Bates RangeDescriptionPrivilege(s) AssertedVictims’ Ojections
Box #2 P-005915 Thru P-005977File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparationWork 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 #2 P-005978 Thru P-006050File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparationWork 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 #2 P-006051 Thru P-006065File folder bearing name of victim/witness containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparationWork 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
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Bates RangeDescriptionPrivilege(s) AssertedVictims’ Objections
Box #2
P-006066 Thru P-006220
File folder entitled “JANE DOE #4” containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparationWork 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 #2
P-006221 Thru P-006222
File folder entitled “JANE DOE #12” containing meta-analysis of all phone, travel, and grand jury data related to that victim/witness for indictment preparationWork 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 #2
P-006223 Thru P-006522
File folder entitled “CORRECTED PHONE RECORDS 5/31/07” containing meta-analysis of all phone, travel, and grand jury data related to all victims/witnesses for indictment preparationWork 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 21 of 69 EFTA00179643 Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 23 of 70
Bates RangeDescriptionPrivilege(s) AssertedVictims’ Objections
Box #2 P-006523 Thru P-006802File folder entitled “[Victim Name] Phone Records” containing telephone records received in response to subpoenaWork 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 #2 P-006803 Thru P-006860File folder entitled “Lists of Identified Phone Numbers” containing charts of information culled from grand jury materials, interviews, and other investigation, with attorney handwritten notes, and information to issue follow-up grand jury subpoenaWork 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 #2 P-006861 Thru P-007785File folder entitled “EPSTEINKELLEN CELL PHONE RECORDS” containing documents received via subpoena with attorney handwritten notes and highlightingWork 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
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Bates RangeDescriptionPrivilege(s) AssertedVictims’ Objections
Box #2 P-007786 Thru P-008120Folder entitled “OLY GRAND JURY LOG: OLY-01 THROUGH OLY-50” containing subpoenaes, correspondence regarding same, 6(e) letters, attorney handwritten notes regarding records received in response to subpoenasWork 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 #2 P-008121 Thru P-008139Handwritten flight logs received in response to subpoena6(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 #2 P-008140 Thru P-008298Grand jury presentation folder containing attorney handwritten notes, typed outline with additional handwritten notes, complete indictment package dated 2/19/2008, victim list with identifying information, photographs, and summary of activityWork 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 23 of 69 EFTA00179645 Case 9:08-cv-80736-KAM Document 224-1 Entered on FLSD Docket 08/16/2013 Page 25 of
Bates RangeDescriptionPrivilege(s) AssertedVictims’ Objections
Box #2 P-008299 Thru P-008363File folder entitled “FINAL AGREEMENTS” containing subfolder entitled “Agrmts Filed in State Court” (P-008300-P-008327 [not being withheld as privileged – have been produced to opposing counsel]); signed Non-Prosecution Agreement, Addendum, and operative portion of 12/19/2007 Sanchez-Acosta letter (P-008328-P-008343 [not being withheld as privileged – have been produced to opposing counsel]); subfolder entitled “12/19/07 Acosta-Sanchez Lr” containing unredacted copies of that letter (P-008344-P-008363 [pursuant to Court’s Order, not being withheld as privileged – will be produced to opposing counsel upon lift of stay by 11th Circuit])N/A
Box #2 P-008364 Thru P-008382File folder entitled “Lacera Immunity Request” containing internal memoranda, Justice Department documentation, and subpoena regarding immunity request6(e) Work Product Deliberative Process Investigative privilegeInadequate 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
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