To: ” . (USAFLS)” < >¶
Subject: RE: FORMAL NOTICE of Office-wide Recusal of Southern District of Florida (GCO File No. REC-11-4159)¶
Date: Fri, 21 Oct 2011 18:27:48 +0000¶
Importance: Normal¶
, we aren’t permitted to take our laptops into the FBI’s offices, are we?¶
From: . (USAFLS)¶
Sent: Friday, October 21, 2011 2:23 PM¶
To: (USAFLS);¶
Cc:¶
(USAFLS);¶
Subject: RE: FORMAL NOTICE of Office-wide Recusal of Southern District of Florida (GCO File No. REC-11-4159)¶
Hi everyone – I am back from court. Sorry about that. I hope that your trial went well.¶
On Monday, we will be meeting at the FBI Office in West Palm Beach with Supervisory Special Agent , and case agents and . Former case agent also will be available.¶
The address for the FBI is¶
telephone number is¶
There is plenty of parking.¶
You said that you would arrive at 9:30, is that right? The agents and I need to get all of my boxes over to the FBI before you arrive, so I just need to reconfirm your arrival time.¶
From: (USAFLS)¶
Sent: Friday, October 21, 2011 2:09 PM¶
To: (USAFLM);¶
Cc: (USAFLS)¶
Subject: RE: FORMAL NOTICE of Office-wide Recusal of Southern District of Florida (GCO File No. REC-11-4159)¶
I believe that you and will be meeting at the FBI’s offices in West Palm Beach with the FBI agents who have been working on the matter so that they can all fill you in on the history and facts of the criminal investigation. Assuming that it fits within your travel timetable, I was also planning to drive up from Miami to¶
EFTA00205930¶
meet with you and in the early afternoon to discuss how our office’s continued handling of the Crime Victims’ Rights Act litigation brought by two of Epstein’s victims impacts upon the criminal investigation and vice versa. (Unfortunately, who has long been handling the CVRA litigation along with , and who is also our district’s Ethics Officer and one of our Professional Responsibility Officers, will not be able to participate.) Will that plan work for you?¶
Can you provide and me with directions to the location of the meeting in West Palm Beach?¶
Thanks,¶
From: (USAFLM)¶
Sent: Friday, October 21, 2011 1:55 PM¶
To: (USAFLS)¶
Subject: RE: FORMAL NOTICE of Office-wide Recusal of Southern District of Florida (GCO File No. REC-11-4159)¶
Can you direct someone to give me directions for our meeting, and please let me know who all will be there. Thanks,¶
Subject: RE: FORMAL NOTICE of Office-wide Recusal of Southern District of Florida (GCO File No. REC-11-4159)¶
I neglected to tell you in my previous email that we are scheduled to meet on Monday with AUSA of the MDFL, who has been assigned to the Epstein criminal matter by the MDFL, in furtherance of the transfer of the criminal matter to the MDFL.¶
Sent: Friday, October 21, 2011 11:35 AM¶
Subject: RE: FORMAL NOTICE of Office-wide Recusal of Southern District of Florida (GCO File No. REC-11-4159)¶
In transferring the criminal matter involving Jeffrey Epstein to the MDFL, while retaining responsibility for the related CVRA litigation, our district has encountered a potential problem. The district court has ordered discovery in the CVRA litigation, and the Petitioners have served us with a discovery request. See attached files. The underlying criminal case file is thus pertinent to both the CVRA litigation handled by the SDFL and the criminal investigation that has been transferred to the MDFL. USAP 3-2.170.001, the pertinent USAP, does not appear to contemplate this bifurcated need for the criminal case file:¶
EFTA00205931¶
Transfer of the Matter or Case¶
Once the recusal has been approved and the matter or case assigned to either a new USAO or the Criminal or Civil Division, the United States Attorney of the recused USAO should take steps to ensure that the matter is closed and management, supervisory and reporting responsibilities, and all case files for the particular matter or case are transferred to the new USAO or the Criminal or Civil Division. This includes all administrative, ministerial, and financial litigation actions normally completed by the recused USAO, including input into LIONS and TALON. Thereafter, the recused USAO can only provide limited administrative support to the new USAO or the Criminal or Civil Division, such as furnishing copies of local rules, advising of local practice, assisting with scheduling, providing time before the grand jury, providing local information for grand jury and victim/ witness support services, or providing facilities for depositions. The recused USAO, however, should not make any decisions or take any substantive actions in the matter or case. The intent of this section is to make clear that once recusal of the matter or case has been approved by the ADAG and the matter or case has been transferred to a new USAO or the Criminal or Civil Division, the matter or case no longer belongs in any sense to the recused USAO.¶
When a new USAO assumes responsibility for the recused case, it should process the case from the investigatory stage through and including any post-judgment actions, including any appellate work or actions required by the Financial Litigation Unit (FLU). The Special Attorney assigned the matter or case should sign any pleadings or documents using the signature block of the newly assigned USAO, with the addition of the Attorney General’s name preceding that of the United States Attorney. Any administrative or ministerial support and any decisions should be provided by the Special Attorney’s USAO and supervisory chain. In the event that the Special Attorney has substantive questions that the recused USAO is precluded from answering, the Special Attorney should contact EOUSA GCO for consultation and advice.¶
When the Criminal Division or other litigating component assumes responsibility for the recused case, it should process the case from the investigatory stage through and including any judgment actions. When any post-judgment actions normally conducted by a USAO FLU become necessary, and the Criminal Division or other litigating component is unable to handle such actions, the Trial Attorney handling the matter should contact EOUSA GCO, which will assist the component in obtaining a USAO FLU section to conduct the post-judgment FLU actions.¶
USAP 3-2.170.001(6)(C)(2)(b)(3).¶
Can EOUSA provide any guidance on how we are expected to handle the transfer of the case file under these circumstances? Although we will be seeking to dismiss the CVRA proceedings and will seek relief from the discovery that was ordered, the district court is unlikely to look kindly upon a government position that we cannot respond to discovery because we transferred the case file to the MDFL after our office was recused from the criminal matter involving Jeffrey Epstein. And the criminal case file will clearly be needed to respond to the contemplated discovery in the CVRA litigation.¶
Thanks for your help,¶
United States Attorney’s Office¶