Victim plaintiffs' supplemental discovery requests to the government, Dec. 2015

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CONFIDENTIAL IDENTY OF PSEUDONYMS USED IN DISCOVERY REQUESTS¶

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA¶

Case No. 08-80736-Civ-Marra/Johnson¶

JANE DOE #1 and JANE DOE #2,¶

Plaintiffs¶

v.¶

UNITED STATES,¶

Defendants¶

JANE DOE #1 AND JANE DOE #2’S SUPPLEMENTAL REQUEST FOR PRODUCTION TO THE GOVERNMENT REGARDING “VICTIM” STATUS¶

COME NOW Jane Doe #1 and Jane Doe #2 (“the victims), by and through undersigned counsel, and request the defendant United States (hereinafter “the Government”) to produce within 30 days the original or best copy of the items listed herein below for inspection and/or copying, pursuant to the Court’s Order (DE 99) directing discovery in this case, the Court’s Order denying the Government’s motion to dismiss and lifting stay of discovery (DE 189), the Court’s Omnibus Order (DE 190), and the Court’s Order Denying Motion to Join (DE 324):¶

BACKGROUND¶

As the Government will recall, it has previously suggested that it might argue that various persons are not “victims” protected by the Crime Victims’ Rights Act (CVRA), 18 U.S.C. §3771, in the above-captioned case. Accordingly, Jane Doe 1 and Jane Doe 2 propound the following supplemental discovery requests. They hope that the Government will voluntarily provide the requested information without need for intervention by the Court.¶

SUPPLEMENTAL DISCOVERY REQUESTS¶

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The numbered discovery requests below should all be construed to provide the maximum possible information to Jane Doe 1 and Jane Doe 2 and in light of the definition of terms provided at the end of the requests. If there is no information covered by the request, please note that fact. If the request has multiple, letter subparts, please provide all information covered by each of the subparts:¶

Supplemental Discovery Request 1. Please provide all documents, correspondence, and other information in which the Government has treated and/or identified one or more of Jane Doe 1-33 as victims under (a) the CVRA, 18 U.S.C. § 3771; (b) 42 U.S.C. 10606-10608; (c) 18 U.S.C. § 2255; or (d) any other crime victim statute.¶

Supplement Discovery Request 2. The Non-Prosecution Agreement in this case contains a provision that provides immunity in the Southern District of Florida not only to Epstein, but also to “any potential co-conspirators of Epstein.” Please provide (a) all documents, correspondence, and other information pertaining to whether one or more of Jane Does 1 - 33 have been harmed by Jeffrey Epstein or any of his potential co-conspirators, including (but not limited to) any harm caused by acts of sexual abuse; (b) all documents, correspondence, or other information pertaining to whether one or more of the Jane Does 1-33 received immunity through the NPA as a “potential co-conspirator.”¶

Supplemental Discovery Request 3. Please provide all documents, correspondence, and other information, including any FBI 302’s, pertaining to the Government’s investigation of sexual abuse of Jane Does 1 - 33 by Jeffrey Epstein or providing evidence that he directly and proximately harmed them.¶

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Supplemental Discovery Request 4. Please provide an unredacted copy of Jane Doe 3’s FBI 302 pertaining to the 2011 interview in Australia of her in connection with sexual abuse by Jeffrey Epstein.¶

Supplemental Discovery Request 5. On about November 27, 2007, AUSA sent a communication to counsel for Jeffrey Epstein that stated, in part, “Therefore, unless you provide me with a good faith objection to Judge Davis’s selection [as special master for selecting legal counsel for victim pursuing claims against Epstein] by COB tomorrow, November 28, 2007, I will authorize the notification of the victims.” Please provided all documents, correspondence, and other information regarding the “victims” for whom was discussing authorizing notification.¶

Supplemental Discovery Request 6. On July 9, 2008, AUSA stated in a sworn affidavit that: “Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant [i.e., ] and from the FBI’s Victim-Witness specialist.” Please provide all documents, correspondence, and other information that was used in the preparation of this answer and/or that supports its accuracy, including all documents, correspondence, and other information pertaining to how the victims were identified..¶

Supplemental Discovery Request 7. The Government may intend to argue that minor girls who recruited other minor girls for Epstein to sexually abuse were criminally involved in the abuse. Please provide all documents, correspondence, and other information that would indicate that the recruiting girls and/or Jane Doe 1 or Jane Doe 2:¶

A. Were under the age of 18 at the time of the recruiting.¶

B. Were sexually abused at least once before beginning any recruiting.¶

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C. Were threatened in any way at any time by Epstein or his potential co-conspirators.¶

D. Were otherwise not criminally culpable for the abuse Jeffrey Epstein committed against them or other minor girls.¶

E. Were coerced or enticed by Epstein into recruiting for him.¶

Supplemental Discovery Request 8. Please provide all documents, correspondence, and other information that the Government relies upon (or will rely upon) to advance any claim that the Jane Does 1 – 33 are not “victims” under the CVRA in the above-captioned case.¶

Supplemental Discovery Request 9. Please provide all documents, correspondence, and other information, including all victim notification letters, that the Government provided to Jane Does 1 - 33 pertaining to: (a) their rights under the CVRA, 18 U.S.C. § 3771; (b) their rights under 42 U.S.C. §§ 10606-08; (c) their rights under 18 U.S.C. § 2255; (d) any other statute related to crime victims’ rights; and (e) their rights under the non-prosecution agreement entered into with Jeffrey Epstein.¶

Supplemental Discovery Request 10. Please provide all documents, correspondence, and other information, including all FBI 302s, regarding all meetings with Government agents (including FBI agents) with Jane Does 1 - 33 or other victims pertaining to the non-prosecution agreement entered into with Jeffrey Epstein.¶

Supplemental Discovery Request 11. If the Government intends to argue that any of the Jane Does are not “victims” because they were participating co-conspirators, please provide all documents, correspondence, and other information: (a) identifying all individuals who the Government recognized or recognizes as a “co-conspirators” of Jeffrey Epstein; (b) regarding any immunity any of the Jane Does received as a result of the NPA; (c) indicating that the¶

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immunity of the Jane Does as co-conspirators was contingent upon Jeffrey Epstein’s performance of the conditions of the NPA¶

performance of the conditions of the NPA.¶

DEFINITIONS¶

For the purpose of construing the foregoing discovery requests, the following terms are defined:¶

The term “documents” means and includes, without limitation, all writings of any kind, including the originals and all non-identical copies or drafts, whether different from the original by reason of any notation made on such copy or draft or otherwise including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, e-mails, electronic computer files, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, interoffice communications, reports of interviews, FBI 302’s, offers, notations of any sort of conversation, telephone calls, meetings or other communications, bulletins, printed matter, computer print-outs, teletypes, facsimiles, invoices, work sheets, flight logs, flight manifests, and all drafts, alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural writs, records or representations of any kind including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures; and electronic, mechanical or electric records or representations of any kind including, without limitation, tapes, cassettes and disc recordings, and writings and printed material of every kind.¶

The term “correspondence” means any tangible object that conveys information or memorializes information that was conveyed in tangible or oral form including, but not limited to, writings, letters, memoranda, reports, notes, e-mails, telephone logs, telephone billing information, telephone recordings, and interoffice communications.¶

The term “victim” means any person that the Government identified as a possible victim of a sex offense committed by Jeffrey Epstein, including Jane Doe 1, 2, 3, and 4, all victims identified in attachment to the non-prosecution agreement entered into by Epstein, and any other person that the Government investigated as a possible victim of Epstein’s sex offenses.¶

The term “Government” means the federal government, including all employees of and components of the United States Department of Justice (such as, the Office of the Attorney General, the Office of the Deputy Attorney General, the Criminal Divisions, the Office of Professional Responsibility, the Child Exploitation and Obscenity Section, the U.S. Attorney’s Offices for the Southern District and Middle District of Florida, New Mexico, the Virgin Islands, and the Southern District of New York, and the Federal Bureau of Investigation) and other federal government agencies with law enforcement responsibilities related to the Epstein case (such as the Internal Revenue Service). This request for production seeks all documents, correspondence, and other information held by all of these entities, including all employees of and components of the Justice Department that worked on or were in any way involved the Epstein investigation and/or that possess information relevant to the victims’ claims. For purposes of the request for production of flight logs and related travel information, this request¶

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includes the Federal Aviation Administration and Bureau of Immigrations and Customs Enforcement.¶

The term “including” means containing within the request, but not limiting the request.¶

The term “witness statement” means any document or other recording in any form (including oral form) reflecting, recording, or otherwise memorializing a statement made or information conveyed by a potential witness, including for example FBI 302’s. The term includes information collected by any law enforcement, prosecuting or government agency, including all federal, state, and local law enforcement agencies located in Washington, D.C., or Florida.¶

PRIVILEGE LOG¶

If you believe that any document, correspondence, or other information requested in this request is subject to a privilege and if you intend to assert that privilege, please provide a “privilege log” consistent with Local Rule 26.1(g), including a description a document that is consistent with Local Rule 26.1(g)(3)(B). Your privilege log should include the type of document, general subject matter of the document, date of the document, and author and addressee of the document or correspondence.¶

REDUCING ANY UNDUE BURDEN¶

If you believe that complying with any of the foregoing requests would be unduly burdensome, please contact victims’ counsel – to discuss ways to reduce any such burden.¶

DATED: December 2, 2015¶

Respectfully Submitted,¶

FARMER, JAFFE, WEISSING,¶

EDWARDS, FISTOS & LEHRMAN, P.L.¶

425 North Andrews Avenue, Suite 2¶

Fort Lauderdale, Florida 33301¶

and¶

Pro Hac Vice¶

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S.J. Quinney College of Law at the University of Utah*¶

332 S. 1400 E.¶

Salt Lake City, UT 84112¶

Attorneys for Jane Doe 1, 2, 3 and 4¶

CERTIFICATE OF SERVICE¶

The foregoing document was served on December 2, 2015, on the following via US Mail and E-Mail Transmission:¶

Assistant U.S. Attorneys¶

500 S. Australian Ave., Suite 400¶

West Palm Beach, FL 33401¶

Attorneys for the Government¶