EFTA00194751¶
U.S. Department of Justice¶
United States Attorney Southern District of Florida¶
500 South Australian Ave., Suite 400¶
West Palm Beach, FL 33401¶
(561) 820-8711¶
Facsimile: (561) 820-8777¶
August 4, 2009¶
VIA ELECTRONIC MAIL¶
Spencer T. Kuvin, Esq.¶
Leopold~Kuvin, P.A.¶
2925 PGA Boulevard¶
Suite 200¶
Palm Beach Gardens, FL 33410¶
Re: Jeffrey Epstein/B.B. – Requested Disclosure of Non-Prosecution Agreement¶
Dear Mr. Kuvin:¶
Thank you for your letter regarding the disclosure of the Non-Prosecution Agreement signed by Jeffrey Epstein. I understand that you are asking for a copy of that Agreement in connection with your representation of “B.B.” As you are aware, the Agreement contains a confidentiality provision. Based upon a lawsuit filed by some of Mr. Epstein’s victims, U.S. District Judge Kenneth Marra has issued a Protective Order requiring the U.S. Attorney’s Office to provide copies of the Agreement to certain individuals under certain circumstances. The Order states:¶
If any individuals who have been identified by the USAO [U.S. Attorney’s Office] as victims of Epstein and/or any attorney(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein’s counsel to be heard …¶
(Court File No. 08-CV-80737-MARRA, DE 26, ¶ (e).)¶
The language “individuals who have been identified by the USAO as victims of Epstein” refers to a specific list of individuals who were the subject of the federal investigation. A list of those individuals was provided to Mr. Epstein’s attorney. Your client, B.B., was not identified during that investigation, and, therefore was not on the list. By stating this I am not, in any way, denigrating any harm that your client may have suffered. I am simply stating that, given time and resource limitations that we faced during the investigation, B.B. was not a person who was positively identified, such that she would have been the subject of charges within a¶
EFTA00194752¶
SPENCER T. KUVIN, ESQ. AUGUST 4, 2009 PAGE 2¶
possible federal indictment.¶
For this reason, your client is not covered by the Court’s Protective Order and the Agreement’s confidentiality provision remains intact. If you are unable to get a copy of the Agreement via the civil discovery process in the lawsuit that you have filed against Mr. Epstein, please ask his counsel if they will consent to my production of the Agreement to you and I will send a copy to you.¶
Sincerely,¶
Jeffrey H. Sloman¶
Acting United States Attorney¶
By: s/A. Marie Villafaña¶
A. Marie Villafaña¶
Assistant U.S. Attorney¶
cc: Karen Atkinson, Esq.¶