EFTA00180671
06-26-'09 13:39 FROM-THOMAS & LOCICERO
8139843070
T-059 P001/005 F-889
400 N. Ashley Drive • Suite 1100 • Tampa, FL 33602
813-984-3060 (Phone) • 813-984-3070 (Fax)
Toll Free: 866-395-7100
## facsimile transmittal
To: Marilyn, Judicial Assistant to Judge Colbath
R. Alexander Acosta, Esq., USAO
FAX
Barbara Burns, Esq., ASAO
Jack Alan Goldberger, Esq.
Bradley J. Edwards, Esq.
William J. Berger, Esq.
Robert D. Critton, Esq.
Spencer T. Kuvin, Esq.
From: Deanna K. Shullman, Esq.
Date: 06/04/2009
Re: State . J. Epstein
Pages: 5
| Urgent | For review | Please comment | Please reply | Please recycle |
Please see attached proposed Order.
This electronic message transmission contains information from the law firm of Thomas, LoCicero & Bralow PL and is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone (813) 984-3060 immediately. Thank you for your cooperation.
IRS Circular 230 Disclosure. To the extent this correspondence contains federal tax advice, such advice was not intended to be used, and cannot be used by any taxpayer, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. If you would like us to prepare written tax advice designed to provide penalty protection, please contact us and we will be happy to discuss the matter with you in more detail.
confidential
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##
# Tampa
400 N. Ashley Dr., Ste. 1100, Tampa, FL 33602
P.O. Box 2602, Tampa, FL 33601-2602
ph. 813-984-3060 fax 813-984-3070 toll free 886-395-7100
| Ft. Lauderdale |
|----------------|
| 101 N.E. Third Ave., Ste. 1500 |
| Ft. Lauderdale, FL 33301 |
| ph 954-332-3619 fax 877-987-2244 toll free 866-967-2009 |
New York City
220 E. 42nd St., 10th Floor
New York, NY 10017
ph 6 fax 8
www.tlolawfirm.com
Deanna K. Shullman
June 26, 2009
Reply To Tampa
## VIA FASCIMILE
The Honorable Jeffrey Colbath
Fifteenth Judicial Circuit-Palm Beach
Palm Beach County Courthouse
Main Judicial Complex
205 N. Dixie Highway, Room 11F
West Palm Beach, FL 33401
Re: State of Florida v. Jeffrey Epstein
Dear Judge Colbath:
This law firm represents the Palm Beach Post in the above matter. I have prepared a proposed Order, which I believe accurately reflects your ruling at the hearing on June 26, 2009 on Defendant Jeffrey Epstein’s Motion to Stay Disclosure of the Non-Prosecution Agreement and Addendum Pending Review.
By copy of this letter, I am providing all counsel of record a copy of the proposed Order. If the attached Order meets with Your Honor's approval, please enter the same. If you would like to have an electronic copy of this proposed order, please have your Judicial Assistant call my office to make arrangements for us to send you the order via email.
Sincerely,
THOMAS, LOCICERO & BRALOW PL
Deanna K Shullman
Deanna K. Shullman
EFTA00180673
06-26-'09 13:40 FROM-THOMAS & LOCICERO 8139843070
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Hon. J: Colbath
06/26/09
Page 2 of 2
Enclosures
cc: U.S. Attorney's Office (via facsimile)
State Attorney's Office (via facsimile)
Jack Alan Goldberger, Esq. (via facsimile)
Bradley J. Edwards, Esq. (via facsimile)
Deanna K. Shullman, Esq. (via facsimile)
Spencer T. Kuvin, Esq. (via facsimile)
EFTA00180674
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# IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION
STATE OF FLORIDA
Case Nos.: 2006-CF9454-AXX &
2008-9381CF-AXX
JEFFREY EPSTEIN
ORDER
This matter came before the Court on Defendant Jeffrey Epstein’s Motion to Stay Disclosure of the Non-Prosecution Agreement and Addendum Pending Review and upon further consideration of this Court’s June 26, 2009 Order unsealing certain records in this case. A hearing was conducted on these matters on June 26, 2009.
On June 26, 2009, this Court entered an order unsealing the non-prosecution agreement and an addendum on file in this case. Having inspected the documents, this Court finds that they do not name any victims and do not contain any material subject to confidentiality pursuant to Federal Rule of Criminal Procedure 6. Thus, the Court declines to make any redactions to the records before releasing them to the public.
The Court further finds that Defendant has not demonstrated that a stay pending appeal is warranted. Defendant has not shown any irreparable harm or likelihood of success on the merits on appeal. These documents were not properly closed in the first instance, no present basis for closure exists, and good cause supports disclosure given the public interest in these proceedings and the lack of compelling interest in closure.
Accordingly, it is ordered and adjudged as follows:
1. Effective at noon on July 2, 2009, the non-prosecution agreement (docketed July
1. Effective at noon on July 2, 2009, the non-prosecution agreement (docketed July 2, 2008) and addendum (docketed August 25, 2008) are unsealed;
EFTA00180675
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2. Defendant's Motion for Stay pending appellate review is DENIED;
3. The Clerk of Court is directed to release the documents to the public at noon on Thursday, July 2, 2009.
Done and ordered this ___ day of June, 2009 in Palm Beach County, West Palm Beach, Florida.
Hon. Jeffrey Colbath
CIRCUIT JUDGE
cc: U.S. Attorney’s Office State Attorney’s Office Jack Alan Goldberger, Esq. Bradley J. Edwards, Esq. Deanna K. Shullman, Esq. Spencer T. Kuvin, Esq.
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