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I hearing I Administrative Order No Of the Fifteenth Judicial Circuit Administrative Order no Of the Fifteenth Judicial Circuit John Doe Museum of Science and History of Jacksonville Case No WL Fla 7th Jud Cir June I Governments Response to Victims Emergency Petition for Enforcement of Crime Victim Rights Act U.S.C Declaration of A Marie Villafana In Support of United States Response to Victims Emergency Petition for Enforcement of Crime Victim Rights Act I U.S.C Defendants Jeffrey Epstein and Sarah Kellens Motion for Stay Florida Sugar Cane League Inc Florida Dept of Environmental Regulation Case No Fla 2d Jud Cir Order Releasing Public Records dated September CERTIFICATE OF TYPE SIZE AND STYLE Counsel for Petitioners certifies that this Petition is typed in point proportionately spaced Times New Roman a a a a a I a a I I IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CRIMINAL DIVISION CASE NOS AXX and AXX STATE OF FLORIDA Plaintiff vs JEFFREY EPSTEIN Defendant PROCEEDINGS HELD BEFORE THE HONORABLE JEFFREY COLBATH JUNE A.M A.M PALM BEACH COUNTY COURTHOUSE WEST PALM BEACH FLORIDA Reported by Louanne Rawls Notary Public State of Florida West Palm Beach Office I a1 a a a a I I a a a I Proceedings June APPEARANCES On behalf of the Defendant JACK ALAN GOLDBERGER ESQUIRE Atterbury Goldberger et al Australian Ave South Suite West Palm Beach FL On behalf of the Defendant ROBERT CRITTON JR ESQUIRE Burman Critton et al Flagler Drive Ste West Palm Beach FL On behalf of Third Party WILLIAM BERGER ESQUIRE BRADLEY EDWARDS ESQUIRE Rothstein Rosenfeldt Adler Las Olas Blvd Suite Fort Lauderdale FL On behalf of Third Party The Post DEANNA SHULLMAN ESQUIRE Thomas LoCiero Bralow PL N.E 3rd Avenue Suite Fort Lauderdale FL a I I a a I Proceedings June I BE IT REMEMBERED that the following proceeding ware had and testimony adduced before the Honorable Jeffrey Colbath at the Palm Beach County Courthouse West Palm Beach Florida beginning at the hour of a.m on June with appearances as herein noted to-wit THE COURT State vs Epstein Let me have t:or the record announce everybodys appearance MR BERGER four Honor William Berger and Bradley Edwards for non-party MS SHULLMAN Your Honor Deanna Shullman of Thomas LoCiero Bralow for non-party The Palm Beach Post THE COURT ot The Post is Let me slow down a little bit On behalf MS SHULLMAN Deanna Shullman THE COURT S-H-U-L MS SHUL 267LMAN S-H-U-L-L-M-A-N THE COURT Ms Shullman good morning Mr Berger good morning And Mr Berger your client is MR BERGER yes THE COURT MR EDWARDS Anybody else here Brad Edwo:rds on behalf of as ell Jud Thanks a ll I I I Proceedings June THE COURT Last nama is apallad MR EDWARDS Edwards E-D-W-A-R-D-S THE COURT Okay MR GOLDBERGER For the other side Your Honor Jack Goldberger along with Robert Critton on behalf of Jeffrey Epstein THE COURT It is the POStS and Motion to Intervene for the purpose of unsealing records MR BERGER Yes sir THE COURT Heras what I think I know and I tell you this so that you can fill in the gaps of what you know that I don"t know and suggest what you think I ought to do It appears to me tbat there was some agreement an agreement that was sealed and then an addendum or amendment to the agreement that was sealed as to documents in the courts tiles under seal and it appears as though the punitive intervener want to unseal those and take a peak at them I dont see where any of the proper procadura to seal the documents was aver followed to begin with I dont know but its not jumping out at ffle when I reviewed the file So Im thinking that it might be appropriate and the burden might be on the moving party being the State and Mr Epstein to give them the opportunity to jump through the hur hoops to seal the documents if they are entitled to have them sealed then Proceedings June Ill grant that request If theyre not entitled to seal then Ill order it as documents unsealed But thats kind of procedurally where I think the case is I will allow Mr Berger and Ms Shullmao to argue if they wish to otherwise I will go over to Mr Goldberger and Mr Critton to perhaps talk about what they think about my suggestion Mr Berger MR BERGER I Id like to hear what they say THE COURT Ms Shullman MS SHULLMAN Agreed THE COURT Mr Goldberger MR GOLDBERGER Your Honor THE COURT I mean it 2671ooks like they just handed up an Agreed Order to sign MR GOLDBERGER Well if the Court I know the Court is trying to short circuit here and the idea in theory is not horrible its not terrible its actually not so bad But let me alert the Court to a couple of issues First of all this iS not something that came up ahead of time where we ware moving to close a hearing or file documents under seal and the Rules of Judicial Administration makes an important distinction between things that are done in advance and things that come up during a hearing and the fact that maybe it goaa to the Rule talk about situations that arise during the course a a a a Proceedings June of a hearing that the Rules would not apply to that Motion to Intervene is brought under a Rule that does not apply because she brought it under a Rule that applies to non-criminal cases Having said that I know the Courts desire to get to the issues here and I just need to alert the Court to one other matter because I think its really important The PlaintiCt has this agreement already They have this agreement counsel will tell you they have this agreement There have been two hearings in front of Judge Marra who bas the Federal cases here They moved to unseal the non-prosecution agreement in front of Judge Marra He entered an initial Order a very very well reasoned Order which I have a copy for the court THB COURT Oh thanks MR GOLDBERGBR He entered a very very well reasoned Order weighing the interest of the Plaintiffs to have access to the non prosacution agreement with the confidentiality that the parties inrended to be part of this agreement And what he did he said they can have this agreement They can review it all they want If they want to review it with somebody else they need to give them a copy of this Order that it is not to be disclosed to anyone else subsequent to that so thats the Rule thats in place right now Subsequent to that the a a a a a a Proceedings June Plaintiffs went back and said we want to disseminate this Order we want to disseminate this agreement to other parties and Judge Marra entered a second Order denying that request and said no My Order is in place but if you have some compelling reason why you want this agreement to be diaseminated to others file a motion and come back to me THB COURT This is as a result of some civil litigation pending in the Federal Courthouse MR GOLDBERGER Yes THB COURT going on1 As opposed to any criminal prosecution MR GOLDBERGER It is civil proceedings that are going on in Federal court But in the interest of comedy Your Honor the Court has ruled on the confidentiality agreement and has put a well reasoned procmdure into place It the parties want that agreement unsealed where they need to go is go back to Federal Court and Judge Marra invited them to do so THE COURT1 That may be as it pertains to_ but what about The Post MR GOLDBERGER I think and I think I know where the Court is going on this If The Posts position is the public has right to ace access to this then there is a procedure in place and ultimately the court has to ccnduct a ll a a a I a a I Proceedings June a hearing and do the balancing test where you look at whether there 1s some compelling government interest and thats going to require an evidentiary hearing so I have no great objection to filing tha Request for Closure and then have a hearing in front of the Court THE COURT Well lets do Im thinking out loud Im not ruling I will give you all a chance to argue further but this is what Im thinking I will do grant the Motion to Intervene It gives standing to It gives standing to The Post to contest the tact that these were sealed And then I will shift the burden back on the State and Defendant Mr Epstein to petition the Court to seal these documents Until such time that I rule on that I will leave them under seal because they might have been correctly sealed but the procedure wasnt followed Theres got to be notice Youve got to comply with the Administrative order Youve got to comply with the Rule of Judicial Administration dl I think even though that a civil it addresse a civil matter this is you know in the nature of a civil procedure So Ill do that And thank you for these Orders so where do we go from here Im thinking out loud not ling Mr Berger MR BERGER Judge with all due re.spect I completely disagree with counsels characterization of a a a a a I a a Proceedings June thoaa two Orders I dont know if ha handed up both to you THE COURT MR BERGER you they say THE COURT MR BERGER THE COURT argument HR BERGER THE COURT Seal HR BERGER I do They simply do not say what he tells Ill read them All right and Ill allow you to make that And and at the time of the Renewed Motion to All right And also I dont think the Court I think the Court needs to deal with this immediately expaditiously Thia is a matter that the Supreme Court has placed incredible scrutiny over And the Rule that we are traveling under were not only traveling under a Rule of Judicial Administration that applies to criminal and civil cases were applying to an Administrative Order of this Court that was in place when the sealing was done and that superseded the sealing THE COURT I MR BERGER Im just saying I respectfully request that the Court not delay this one minute THE COURT Youve got the agreements I a a a a a I a a a a Proceedings June MR BERGER Pardon me THE COURT Youve got the agreements anyway Youve got whats under seal MR BERGER Judge we cannot do anything with them THE COURT Take that up with Judge Marra MR BERGER No air That is not what tha Order says May I quote Judge Marra If a specific tangible need arises in a civil case the relief should be sought in that case In other words the civil cases which are in front of Judge Hafele is one forum that Judge Marra said go to it Judge Marra did not say that this Court does not have jurisdiction to unseal its own sealed records or to vacate its own Order sealing And any characterization is is false THE COURT Ill take a look at it and Ill draw from it what it says what I think it says I appreciate your zealous representation ot your client Please it appears as though youre yelling at ma MS SHULLMAN Your Honor THE COURT Mlil Sbullman MR BBRGER1 Judge this happens to baa vary serious matter and every day of delay delays our discovery THE COURT Ms Sbullman MS SHUl,LMAN Your Honor if I may be beard on the a a a a a a i a Proceedings June issue as well As a representative of tbe publics right ot access THE COURT Right MS SHULLMAN here essentially I would agree with Mr Berger that we need an immediate hearing on this issue Thats what were here to do today I think I heard Your Honor say were applied that hes not clear that the procedures My review of the record does not reveal that the procedures were complied with My review is similar to Your Honors It looks like sort of everybody approached the bench and Judge Pucillo said lets take it under seal If Mr Epsteins counsel is not prepared to go forward today and meet hie burden then I would ask that this Court set a hearing as soon as practical because the right solution here should be to unseal the records and then YOU know THE COURT Ive gotcha MS SHULLMAN and they have to make a motion THE COURT Well what house is on fire I mean what is the I think what they have to do is they"ve got to give ten days notice pursuant to the Rule the Administrative Order Rules of Judicial Administration to go through that process What what prejudice is there What house is burning down if I say okay State and defense go ahead and expeditiously move through the a a a a I a I a Proceedings June process and lets get this back on my docket as quickly as possible and give them until Friday to tile their notice and tan days after that we have an evidentiary hearing I go through the procesa then What bad thing ia going to happen by waiting theae extra twelve to fifteen days MS SHULLMAN The bad thing thats going to happen Your Honor is that the status quo in Florida is that the constitutional right of access is openness THE COURT Right MS SHULLMAN You know certainly if Your Honor is inclined to postpone this hearing I would ask that it be done expeditiously as you suggest THE COURT Yeah MS SHULLMAN You know Friday and then ten days thereafter it just delays access for another two weeks and it infringes on our rights THE COURT I agree Mr Berger I will let you answer that aame question MR BERGER THE COURT MR BERGER THE COURT I dont think Anything specific rather than Yes You know anything closed that the people are allowed to look at is a transgression and any transgression is bad but anything unique beyond that MR BERGER Your Honor Your Honor I do not a a a a a a a a Proceedings June believe that this Court has the jurisdiction to revisit the propriety of the sealing of these records and give the Defendant or the State for that matter a second bite at the apple If the records are sealed improperly which the Court hae said on its face that appears to have occurred I do not believe that this Court has jurisdiction to allow them a second bite at the apple to go through with the notice requirements They should have done that in front of Judge Pucillo a year ago and they did not do it The Rule of Judicial Administration simply does not give this Court the right to reactivate the procedure that you outlined THE COURT Okay MR BERC3ER Thank you THE COURT Anything further Mr Goldberger or Mr Critton MR GOLDBERGER Just note Your Honor as far as the timing of this and we want to do this expeditiously of course this sealing occurred not last week not two weeks ago not four months ago but eleven and months ago The Post reported this last July one half so I understand the right for the pubic to have access and we want to do this as quickly as possible but there is no fire here There is no house burning THE COURT Then Ill go ahead and enter an Order as a a a I I I Proceedings June Ive indicated that is that Ill grant the Interveners Motion to Intervene You have standing will order that the Stat and/or the defense by noon Friday file a Notice of comply with the Administrative Order and the Judicial Rule the Rule of Judicial Administration paragraph that the procadures to seal tiles in these types of cases and then we get a hearing scheduled for argument on whether or not they will be sealed Until that time they will remain sealed because Judge Pucillo signed off on the Order and Im not inclined to disturb that until I find more about the merits of the movant position MR GOLDBERGER Thank you THE COURT Anybody want to reduce any of that mess to a written Order MR EDWARDS Id like to Your Honor Id like to know if youre going to give us a hearing date today THE COURT Ill deal with that Yeah Let me give you some time How much time do you think its going to take I dont think Im going to have any surprises How much time do you think we need A half hour MR EDWARDS lon.gest THE COURT Not more Id say an hour at the Im not taking evidence or anything like that In the meantime do you agree it would be Prudent a a a a a a I a a i a I Proceedings June for me to take a look and see what the content of these things are so I can be articulate on what about I didnt do that for todays hearing MR GOLDBERGER The defense their know MR EDWARDS The non-prosecution agre ment THE COURT Right Whatever is under seal Whatever it is thats under seal Ill take a look at it so that I can at least have a eel tor apparently what you all know and I dont HR GOLDBERGER The defense has no objection THE COURT Okay Ill go ahead and read those two sealed documents and I see you back here assuming that Mr Goldberger and Mr Critton get that done between now and Friday Ten days from this Friday is the 22nd How about we do this on the 25th at MR GOLDBERGER with ma One moment Your Honor Thats fine MR BERGER Thank you THE COURT All right Great Thank you so much MR GOLDBBRGER Thank you Judge PROCEEDINGS CONCLUDED a a I a a i a I a Proceedings June I A I LOUANNE RAWLS certify that I waa authorized to and did diqitally report the foregoing Proceedinqs and that the transcript is a true and complete record of my notes Dated this 10th day of June LOUANNE RAWLS a a a a a Proceedings A ace addewi1 adduced Adler Admi:Distr 8:Hl Adminiatr advance ago agree Agreed agreement agreeaents ahead al Al.AH alert allow allowed amendment and/or announce answer Anybody anyway apparently appearance apple applied applies apply applying appreciate approached appropriate argue arSJWIUlnt arises articulate assuming Atterbury authorized Ave Avenue AXlt a.m baclr bad balancing Beach begiDDill!j behalf believe bench Berger beyond bit bite Blvd Brad Bradl.ey Bralow brought burden Burman burning case ca certainly certify chance June character circuit civil clear client close closed Cloaure Colbath COile comedy coapellin11 com,plete completely complied comply CONCLUDED conduct confidant content contest copy a a I Proceedings correctly counsels County couple course court Courthouse Court criminal Critton date Dated day deal Deanna Defendant defense delay denying digitally disagree disclosed discovery disseminate distinction disturb DIVISION docket draw Drive due I I eleven enter entered entitled Epstein Bpstein ESQUIRE essentially et everybody everybody evidence evidentiary expeditio extra li:-D-W-A-R face fact false far rederal feel fifteen l"Il"lEENlH file filsa filing fill June find fine fire rirst rlagler rlorida followed following foregoing Fort forum forward four rriday front further gaps give a a Proceedings June a hear Lociero improperly gives heard longest a inclined Judicial hearing loolr incredible a indicated July loolr:s infringes a goes jump Louanne hearings initial going jumpiJ1 loud HELD intended I June HOnor interest Goldberger Marra jurisdiction Intervene matter interve:a.ars Jr:ind a Honorable Interveners lr:now mean a good Honors invited meet gotcha hoops issue merits government horrible issues mesa grant hour minute great house Las moment hur Jaclr Lauderdale months I Hafele Jeffrey leave morning half idea lets motion a banded JR immediate happen Judge litigation immediately movant happens little important move a I a a I Proceedings moved 1IIOViJllf Ill name nature need need non-criminal non-party non-prose noon IOs lotary nota noted notes notice objection occurred Office Oh okay Olas openness opportunity opposed order Orders ought outlined outlines Palm paragraph Pardon part parties party peak pending people pertains petition PL place placed Plaintiff Plaintiffs Please position possible Post postpone Posts practical prejudice prepared procedurally procedure procedures proceedings proper propriety prudent pubic public publics PUcillo punitive purpose pursuant put question quickly June quo quote Rawls reactivate read really reason reasoned record records reduce relief remain REMBMBBRBD Renewed report reported represent I I I I Proceedings require requirements respect respectfully result reveal review reviewed revisit right rights Robert Rosenfeldt Rothstein rule ruled Rules ruling saying says scheduled scrutiny seal sealed sealing secoD.a Secondly see serious set shift short Shullman side sisrn sisrned similar simply sir situations slow solution somebody soon sort sought South specific spelled standinsr State status Ste Subsequent suggest sugsrestion Suite superseded supreme surprises S-H-U-L S-H-U-L-L take talk tangible tall tells tan terrible test testimony thank June thanks theory thinsr thinsrs think thinking Thir.:I lhomas time tilain11 tooay todays to-wit transcript transsrrea travalinsr true a a a I ll a Proceedings tryin11 twelve two types tJ ultimately understand unique unseal unseala I unaealin11 vacate vs waitinQ want wasnt week weeks weiQhin11 went West well we William wish words written Yeah year yellinQ zealous 10th 22nd 25th 3rd June a a a a a a I a a a I IN THZ CIRCUIT COURT OF THZ FiiTEENlH JUDICIAL CIRCUJ:T IN 1IND FOR PAll SZ,.CH COUNTY FLOIUDA STATE FLQRJ:DA Plaintiff V8 JEFFREY EPSTEIN Defendant CRIMINAL DIVISI PROCEEDINGS HELD BZFORE THE HONORABLE JEFFREY COLBATH JVNZ A.H A.H PALM BEACH COUNTY COURTHOUSE WEST PAIM BEACH FLORIDA Reported by Louanne Rawl Notary Public State oE Florida Weat PIU,JII Beach Office a a a a a a 1B Proceedings APPEARANCES On behalf of the Defendant JACK ALAN GOLDBERGER ESQUIRE Atterbury Goldberger et al June Australian Ave South Suite West Palm Beach FL On behalf of the Defendant ROBERT CRITTON JR ESQUIRE Burman Critton et al Flagler Drive Ste West Palm Beach FL On behalf of Third Party WILLIAM BERGER ESQUIRE BRADLEY EDWARDS ESQUIRE Rothstein Rosenfeldt Adler Las Olas Blvd Suite Fort Lauderdale FL On behalf of Third Party The Post DEANNA SHULLM.AN ESQUIRE Thomas LoCiero Bralow PL N.E 3rd Avenue Suite Fort Lauderdale FL a a a a a a a a a Proceedings June PROCEEDINGS BE IT R!2iEMBZllED that the following ware had and testimony adduced before the Honorable Jeffrey Colbath at the Palm Beach County Courthouse West Palm Beach Florida beginning at the hour of a.m on June with appearances as herein noted to-wit THE COURT State vs Epstein Let me have for the record announce everybody"s appearance MR BERGER Your Honor William Berger and Bradley Edwards for non party MS SHULl.1 AN Your Honor Deanna Shullma.n of Thomas LOCiero Bralow for non-party The Palm Beach Poat THE COURT Let me slow down a little bit on behalf of The Poat is MS SHULU1AN Deanna Shullman THE COURT S-H-U MS SHULLMP.N S-H-U-L-L-M-A-N THE COURT Ms Shul.linan good monti.nq Mr Berger good morning And Mr Berger your client is MR B!:RGER,_ yaa THE COURT Anybody el heJCe MR EDWARDS Brad Edwards on behalf of as well Judge Thanks a Proceedings a a a a THE COURT Last name is spelled MR EDWARDS Edwards E-D W-A-R-D-S nm COURT Okay June MR GOLDBERGER For the other side Your Honor Jack Goldberger along with Robert Critton on behalf of Jeffrey Epstein TIIE COURT It is the Posts and Motion to Intervene for the purpose of unsealing records MR BERGER Yes sir TI-IE COURT Heres what I think I know and I tell you this so that you can fill in the gaps of what you know that I dont know and suggest what you think I ought to do It appears to me that there was some agreement an agreement that was sealed and then an addendum or amendment to the agreement that was sealed as to documents in the Courts files under seal and it appears as though the pWlitive interveners want to unseal those and take a peak at them I don"t see where any of the proper procedures t.o seal the documents was ever followed to begin with I dont know but it not jumping out at me when I reviewed the file So Im thinking that it might be appropriate and the burden might be on the moving party being the State and Mr Epstein to give them the opportWlity to jump through the bur hoops to seal the documents if they are entitled to have them sealed then a a a I I a a cr Proceedings June Ill grant that It thayr not entitled to al than Ill order i.t a1 do nta unsealed But thats kind of prOCecluriil.ly whara I think tha I r.i.l.l al.low Mr Berger and Ma Shullman to argue thay wiah to otharwiaa I will go over to Mr Goldberger and Mr Critton to perhap1 talk about what they think about my augvaation Mr Bargar MR BERGER I Id like to hear what thay say THZ COURT Ma ShulJ.Jflan MS SKUl-LMNI THE COURT Mr Goldber119r MR GOLDBJ:RGER Your Honor TH COURT I ffllil it like thay handed up an Agreed Order to MR GOU BERGZR Well it the Court I know th Court is trying to short circuit hara and the idea in theory not horrible it not tarrWl.a actuily not bad But let me al.art th Court to a couple of of al.l not sc:methi.ng that up ahead o:f time where were 10Vinq to a hearing or file documanta under al and the of Judicial Admi.nistration an important di.atinction bet that are done in advance and that cona up dUring a hearing and the f"act that uybe it goes to the Rul.e talk about aituationa that aria during the course a a a a a I a a I Proceedings June of a hearing that the Rules would not apply to that Secondly Motion to Intervene 1s brought under a Rule that does not apply because she brought it under a Rule that applies to non-criminal cases Having said that I know the Courts desire to get to the issues here and I just need to alert the Court to one other matter because I think its really important The Plaintiffs has this agreement already They have this agreement Counsel will tell you they have this agreement There have been two hearings in front of Judge Marra who has the Federal cases here They moved to unseal the non prosecution agreement in front of Judge Marra He entered an initial Order a very very well reasoned order which I have a copy for the Court TI-IE COURT Oh thanks MR GOLDBERGER He entered a very very well reasoned order weighing the interest of the Plaintiffs to have access to the non-prosecution agreement with the confidentiality that the parties intended to be part of this agreement And what he did he said they can have this agreement They can review it all they want If they want to review it with somebody else they need to give them a copy of this Order that it is not to be disclosed to anyone else Subsequent to that so thats the Rule thats in place right now Subsequent to that the a a a I i a I Proceedings June Plaintiffs went back and said we want to disseminate this Order we want to disseminate this agreement to other parties and Judge Marra entered a second Order denying that request and said no My Order is in place but if you have some compelling reason why you want this agreement to be disseminated to others file a motion and come back to THE COURT This is as a result of some civil litigation pending in the Federal Courthouse MR GOLDBERGER Yes TiiE COURT As opposed to any criminal prosecution going on MR GOLDBERGER It is civil proceedings that are going on in Federal court But in the interest of comedy Your Honor the Court has ruled on the confidentiality agreement and has put a well reasoned procedure into place If the parties want that agreement unsealed where they need to go is go back to Federal Court and Judge Marra invited them to do so THE COURT That may be as it pertains to but what about The Post MR GOLDBERGER I think and I think I know where the court is going on this If The Posts position is the public has right to ace access to this then there is a procedure in place and ultimately the Court has to conduct a a I I a a a I Proceedings June a hearing and do the balancing test where you look at whether there is some compelling government interest and thats going to require an evidentiary hearing So I have no great objection to filing the Request tor Closure and then have a hearing in front of the court THE COURT well lets do I thinking out loud Im not ruling I will give you all a chance to argue further but this is what I"m thinking I will do grant the tion to Intervene It gives standing to It gives standing to The Post to contest the fact that these were sealed And then I will shift the burden back on the State and Defendant Mr Epstein to petition the Court to seal these documents Until such time that I rule on that I will leave them under seal because they might have been correctly sealed but the procedure wasnt followed Theres got to be notice You"ve got to comply with the Administrative order You"ve got to comply with the Rule of Judicial Administration I think even though thats a civil it addresses a civil matter this is you know in the nature of a civil procedure so Ill do that And thank you for these orders so where do we go from here Im thinking out loud not n.iling Mr Berger MR BERGER Judge with all due respect I completely disagree with coWlsels characterization of a a a a I I a I Proceedings June tho two Ordar I don kn01f if ha hanct.cl up both to you Saal THE COURT I do MR BERGER Thay 11ilrply do not 11ay what ha talla you they aay THE COURT I read than MR BERGER rig-ht THE COURT and Ill allow you to make that arguP1Snt MR BDGER And and THE COURT at the tilM of the Renewed Motion to MR BERGER All right And also I dont think the Court I think the Court needs to deal with this irrmediately expeditiously This is a matter that the supreme Court has placed incredible scrutiny over And the Rule that we are traveling under we re not only traveling under a Rule of Judicial Administration that applies to criminal and civil ca applying to an Administrative Order of this court that was in place when the sealing was done and that superseded the sealing THE COURT I MR BERGER Im just saying I respectfully request that the court not delay this one minute TIIE COURT You"ve got the agreements Proceedings I I ll I a June MR BERGER Pardon me TIIE COURT Youve got tha agr.-nt anyway Youve got whats under seal MR ERGER Judge we cannot do anything with them TiiE COURT Take that up with Judge Marra MR BDGZR No sir That is not what the Order says May I quote Judge Marra rf a specific tangible need ar in a civil case the relief should be sought in that case In other words the civil cases which are in front of Judge Hafele is one fon.im that Judge Marra said go to it Judge Marra did not say that this Court does not have jurisdiction to unseal its own sealed records or to vacate its own Order sealing And any characterization is is false TiiE COURT I take a look at it and I draw from it what it says what I think it says appreciate your zealous representation of your client Pleaae it appear though you"re yelling at me MS SHULI.MI Your Honor TilE COURT Ms Shullman MR BERGER Judge this happens to be a very serious matter and every day of delay delays our discovery TilE COURT Ms Shullman MS SHULI.M11.N Your Honor if I may be heard on the a a a I a a a Proceedings June 225wall.Ala a reprantative of the right of THE COURT Right MS SHlJLlMNrl hara I would agrH with Mr Ber;er that need an iJrsnedj.at hearing on thia iaaua That what were hara to do today I think I baa.rd Your Honor aay that not clear that the ware appl.iad Hy revi of the record not reveal that the corrpliad with My review similar to Your It like aort of everybody approached thtl bench and Judqe Pucillo lat a take it under aa.al If Mr counsel not prepared to forward today and burden then I would aak that this court hearing soon aa practical the right hara should be to unseal tha record.a and than you know THE COURT lva gotcha HS SKtlLUfAN and they have to make a motion THE COURT wall what houaa is on fire I maan what tha I think what they hava to do thayva got to qiva ten daya notice puxaua.nt to the Rule the Adau.niatrative Order Rule of JudiciU Aanioiatration to go through that proceaa What what prejudice ia there What houa is buxning down if I asy okay state and defense go ahead and expeditioualy move through tha Proceedings a June and l.at get baclr on ry docket quickly posaibla md iive theai until Friday to file their notice and ten days after tha.t have an vvidantiaz:y hear in I through the then What bad thing i8 going to pPan MS SYULlMP,N The bad thing linQ to happen Your Honor is that the quo in Florida ia that the constitutional right of ia THE COURT Riqht MS SHIJl.IJ,fAK You Jr.now 225rtainly it Your Honor i incl:uwd to thi hearing I would that it be done you THE COUilT Yeah HS SHVLUOl,N You know Friday and tlum ten theradter it just delays acca for another two weQka and it infrin,;iea on ou.i THE COUllr I aqree Mc BeJ;-,;iar I will let you that question MR B1!!RGER dont think THE COURT Anythinc specific rather than MR BERGER THE COURT You know anything that tha people are allowed to look at i a and any tranaqrasaion is bad but anything unique beyond that MR 2431lGER Your Honor Your Honor I do not a a a a a I I a Proceedings June believe that this Court has the jurisdiction to revisit the propriety of the sealing of these records and give the Defendant or the State for that matter a second bite at the apple If the records are aealed improperly which the court has said on its face that to have occurred I do not believe that this Court has jurisdiction to allow them a second bite at the apple to go through with the notice requirements They should have done that in front of Judge Pucillo a year ago and they did not do it The Rule of Judicial Administration simply does not give this Court the right to reactivate the procedure that you outlined THE COURT Okay MR BERGER Than YOI.I TI-IE COURT Anything further Mr Goldberger or Mr Critton MR GOLDBERGER Just note Your Honor ii.II fu as the timing of this and we want to do this expeditiously of coU:t"11e this sealing occurred not last week not two week aqo not four months ago but eleven and one half months ago The Post reported this last July So widerstand the right for the pubic to have access and we want to do this as quickly as possible but there is no fire here There is no house burning THE COURT Then Ill go ahead and enter an Order as Proceedings a a a a a a June Ive i.ndicated that ia that Il.l grant the Intervener Mot:i.on to Intarvane You have atandinQ I 11ill order that th state and/or the dafanaa noon Friday file a Notice of with the Atniniatrative Order and th Judicial Rule th Rule of JUdicial Adlluniatration paragraph that the procedures to al filaa in these types of and than wa ll a hearing acha tuled for ll"guDlant on whether or not they will be aled Until that tinle they will r--.in sealed becauaa Judge Pucil.lo signed off on the order and I not inclined to disturb that until I find more about the rib of the PIOVanta position MR GOLDBERGER Th you THE COURT Anyboc!y want to reduce any of that to a writ tan oraar MR 243DWARDS Id like to Your Honor Id like to know if youre going to give ua a hearing data today THE COURT Il.l deal with that Yeah Let 9ive you tiltl How much tilaa do you thi.nk qoing to take I dont think Im qoin9 to have any HOll much time do you think we need A half hour MR EOWlUU Not more I cl an hour at the THE COUltT Im not taking evidence or anything l.ike that In the meantime do you agr it would be prudent Proceedings a a a a a I a a I June for to tak a look and see what th content ot th things are so I can be articulate on what their know about I didn"t do that for todays hearing MR GOLDBERGER The deot"enae MR El 1V.RDS The non-prosecution aqreanent TI!E COURT Right Whatever is under seal Whatever it is that Ill take a look at it so that I can at least have a feel for apparently what you all lcnow and I dont MR GOLDBERGER The defense has no objection THE COURT Okay Ill go ahead and read those two sealed documents and Ill see you back here assuming that Mr GOldberger and Mr Critton get that done between now and Friday Ten days from this Friday is the 22nd How about we do this on the 25th at MR 001.DBERGER One JnCl8Dt Your Honor That t"ine with rna MR BERGER Thank you TIIE COURT All right Great Thank you so MR GOLDBERGER Thank you Judge PROCEEDINGS COHCLIJDBD a Proceedings June a I I A a a I LOUANNJ RAWLS certify that I authorized to md did digitally report t.ha foregoing and that tha transcript a true iltld cClftl record of IfIf a Dated 10th day of June a LOUANNE AAWLS I a a Proceedings June A ace access addendum addresses adduced Adler Administr Administr advance ago agree Agreed agreement alert allow allowed amendment and/or announce answer Anybody anyway apparentl.y appearance appearances appears apple applied li app es arises articul.ate assuming Atterbury Australian authorized Ave Avenue AXlt a.m back bad balancing Beach apply beyond bit bite Blvd Brad BradleY Bralow brought burden 1Ll3 Burman burning character circuit civil clear client close closed Closure Colbath come comedy compel.ling complete completely complied co CONCLUDED a a a a a I a i I Proceedings June correctly counsel counsels County L2 couple course Court docket date documents Dated day draw days Drive deal Deanna due evidence evidentiary expeditio extra E-D-W-A-R Defendant defense delay delays denying desire Edwards eleven enter entered entitled face fact false far Federal find fine fire 1Ll9 First FL Flagler Florida followed foll.owing foregoing Fort forum forward four Frida a a a a a I I a I Proceedings gives go goes going Goldberger good gotcha government grant great Hafele half handed happen happens hear heard hearing hearings HELD Honor Honorable Honors lLl0 hoops horrible hour house hur idea immediate immediatel.y important improperly inclined incredible indicated infringes initial intended interest Intervene interveners nterveners invited issue issues Jack Jeffrey Lll,17 JR Judge Judicial Jul.y jumping June jurisdiction kind know lL Las Lauderdale leave lets lLll litigation little June LoCiero longest look looks Louanne loud Marra matter mean meat merits mess minute moment months morning motion movants move a il a a a i a I Proceedings June noved noving name nature need needs non-criminal non-party non-prose noon NOS Notary note noted notes notlC N.E objection occurred Office Oh okay 01as openness opportunity opposed order Orders ought outlined outlines Palm paragraph Pardon part parties party peak pending people pertains petition PL place placed Plaintiff LB Plaintiffs Plaintiffs Please position possible Post postpone Posts practical prejudice prepared procedurally procedure procedures proceedings process proper propriety prosecution prudent pubic public publics Pucillo punitive purpose pursuant put question quickly quo quote Rawls reactivate read really reason reasoned record records reduce relief remain REMEMBERED Renewed report reported represent represent request a a a I a a i I a Proceedings require requirements respect respectfully result revea1 review reviewed revisit right rights Robert Rosenfeldt Rothstein rule ruled Rules ruling saying says scheduled scrutiny seal sealed sealing second Seconcll see serious set shift short Shullman side sign signed similar simply Sir situations slow solution somebody soon sort sought South specific spelled standing State status June Ste Subsequent suggest suggestion Suite superseded Supreme surprises S-B U-L S-H-U-L-L take talk tangible tell tells ten terrible test testimon thank thanks theory thing things think thinking Third Thomas time timing today todays to wit transcript transgres traveling true a a Proceedings June a trying went twelve a west two a well types were a William ultimately wish I understand words unique written unseal Yeah unsealed a year 22nd unsealing yelling 25th vacate zealous vs 3rd a waiting want wasnt 10th week weeks weighing a IN THE CIRCUIT OCURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA ADMINISTRATIVE ORDER NO IN RE SEALING OF COURT HEARINGS AND RECORDS The Florida constitution mandates that the public shall have access to court records subject only to certain enumerated limitations which are restricted by operation of state law federal law or court rule In re Amendments to Florida Rule of Judicial Admin Sealing of Court Records So.2d Fla The Rules of the Supreme Court strongly disfavor court records that are hidden from public scrutiny The Florida Supreme Court recently adopted Interim Rule of the Florida Rules of Judicial Administration which addresses the procedures for sealing noncriminal court records In order to ensure that both criminal and noncriminal court records are sealed properly it is NOW THEREFORE pursuant to the authority conferred by Florida Rule of Judicial Administration it is ORDERED as follows A request to make court records or a court hearing confidential in any type of case must be made by written motion Parties cannot submit an agreed-upon order The Motion must be captioned Motion to Make Court Records Confidential or Motion to Make Court Hearing Confidential The Motion must identify with particularity the records or hearing to be made confidential and the grounds upon which it is based The Motion must include a signed certification by the party making the request that the motion is being made in good faith and is supported by a sound factual and legal basis The records that are the subject of a Motion to Make Court Records Confidential will be treated as confidential pending resolution of the motion The case number docket number or other identifying number of a case will remain public Pseudonyms may be used as permitted by the court Court records made confidential under this rule must be treated as confidential during any appellate proceeding in this Circuit A public hearing on any motion to seal a court record or court hearing will be held as soon as practicable but no less than ten I days prior to the notice being given to the public and the press and no later than days after the filing of the motion A party may seek to hold all or a I a a a portion of the hearing on a Motion to Make Court Records Confidential in camera if necessary to protect any of the interests listed in Interim Rule of Judicial Administration A The moving party will be responsible for ensuring that a complete record of any hearing be created either by use of a court reporter or by any recording device that is provided as a matter of right by the court A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing The order granting the sealing request must contain as much detail as possible including the parties names or pseudonyms whethe.rthe progress docket is to be confidential the court records that are to be confidential and the names of persons who are permitted access The order must contain specific findings that the degree duration and manner of confidentiality are no broader than necessary to protect the interests listed in Interim Rule of Judicial Administration A The order will not reveal the information that is to be made confidential The order will direct whether the progress docket is to be sealed If an order sealing a court file is silent as to whether the progress docket is to be sealed the clerk shall seal the court file but maintain a public docket with no alternation of the parties names In accordance with Interim Rule of Judicial Administration the Clerk shall NOT seal the case number docket number or any other identifying number of a case that is sealed by court order The Court will direct the Clerk to post the order sealing the court file on the Clerks website as well as on the bulletin board located at the Main Courthouse within ten days following the entry of the order and must remain posted in both locations for at least days A nonparty may file a written motion to vacate a sealing order in accordance with Florida Rule of Judicial Administration In re Amendments to Florida Rule of Judicial Admin Sealing of Court Records So.2d Fla A public hearing must be held on any contested motion to vacate a sealing order The court in its discretion may hold a hearing on an uncontested motion While challenge hearings must be open to the public a party may seek to hold a portion or all of the hearing in camera if necessary to protect the interests listed in Interim Rule of Judicial Administration A The movant must ensure that a record of the hearing is made The movant seeking to vacate an order bears the burden of showing that the order is unsound If the identity of a party is to remain 267confidential all applicable pleadings will be filed with the following designation on the front of the pleading Confidential Party Court Service Requested The judicial assistant for the division in which the pleading is filed is responsible for providing such notice to the applicable parties The judicial assistant is to provide such notice so as not to inadvertently reveal the identity of the confidential party a a a This administrative rule does NOT address the confidentiality of records admitted into evidence and it does NOT pertain to the statutory process for sealing or expunging criminal history records Motions to Seal pleadings or court records filed in a criminal case must however comply with this Administrative Order This administrative order also does NOT pertain to court records that are confidential pursuant to statute rule or other legal authority If a motion to seal is not made in good faith and is not supported by a sound legal and factual basis the court may impose sanctions upon the movant The Clerk of Court or a deputy clerk is hereby authorized to open any court file sealed by operation of!aw or court order for the purpose of filing documents pertinent to the particular file as well as for microfilming or imaging files and for preparing a record on appeal The Clerk or deputy clerk shall reseal the file immediately upon completion of the task with the date and time of the unsealing clearly marked on the outside of the file along with the initials of the deputy clerk In all matters except adoption and surrogacy cases the Clerk of Court will make the contents of a sealed file available to adult parties and their attorneys of record The contents of adoption and surrogacy files shall not be made available to any person absent a court order DONE AND SIGNED in Chambers in West Palm Beach Palm Beach County Florida thisv day of September supersedes admin order I a a a a IN Tl IE CJRCUIT COURT OF THE FIFTEENTH JlJDICIAL CIRClJIT IN AND FOR PALM BEACH COUNTY FLORIDA ADMINISTRATIVE ORDER NO IN RE SEALING COURT HEARINGS AND RECORDS WHEREAS all court proceedings are public events and a strong presumption of public access attaches to all proceedings and their records and WHEREAS records made or received pursuant to court rule law or ordinance or in connection with the transaction of official busine11 are subject to public disclosure and WHEREAS privacy rights oflitigant may in certain circumstances require that court record or documents in the record hould be sealed NOW THEREFORE it is ORDERED that to balance the competing interests of litigants privacy interests and the publics right to access to court records the fo1 owing procc4urcs Hore tablishcd for C8llng court records I When a Motion i received for the sealing of a hearing or all or part of a court record the Court will direct hearing be held on same The Court will give notice of the hearing by posting same on the electronic bulletin board ostllblished by the Clerk of Court expressly for this purpose Unless otherwise ordered with a reason given by tbe Court notice should include enough disclosure to identify the case the movant the respondent and a brief generic description of 1he matters sealed or sought to be sealed The Court will not set a hearing less than ltm I days prior to the notice bc:ing given to the public and the press Where prior notice to the public and pre8s regarding the scaHng of a record is not practicable the Court will oddress sucll Motion and if granted provide notice of any decision to seal on the Clerks electronic bulletin board Unless otherwise ordered with a reoson given by the Coun notice should include enough disclosure to identify the cosc the movant the n:spondcnt and a brief generic description of the matters scaled or sought to be sealed Access to court proceedings and records may be restricted to protect the interests of litigants only after a showing that the following has been met i the measure llmlting or denying access closure or sealing of records or both is necessary to prevent a serious and imminent threat to the administration of justice a a a a a a a ii no less restrietive alternative measures are available which would mitigate the danger and ill the measure being considered will in fact achieve the courts protective purpose The reasons supporting sealing the fiie must be stated with specificity in the order sealing the court record or hearing The Case number should n.-main acce.ssible on banner regardless of whether the case has been sealed OONF and ORDERED in Cbami,e Ill West Palm Reach Florida this day of October ISi Judge Kathl"n Kroll Chief Judge super.;ed adminislralive order nu lbc Court rccogni,.cs the present technology as of October IO used by the Clerk supports this however it can not happen without a system modification which shall be et mpletcd by December I I a a a a a I a Westlaw Not Reported in So.2d Page I Not Reported in So.2d WL Fla.Cir.Ct Media Rep Cite as WL Fla.Cir.Ct Florida Circuit Court Seventh Judicial Circuit Volusia County JOHN DOE-I THROUGH JOHN DOE-4 and Par ents of John Doe-I through John Doe-4 Plaintiffs MUSEUM OF SCIENCE AND HISTORY OF JACKSONVILLE INC Defendant Nos Div June William Ogle Ormond Beach FL Douglas Childs Jacksonville FL Jonathan Kaney Jr Daytona Beach FL OPINION AND ORDER ON MOTION TO CLOSE TRIAL RICHARD ORFINGER Circuit Judge I THIS MATTER is before the Court on the plaintiffs motion to exclude the public from the tri al of this case Notice of hearing was given to rep resentatives of the media as required by law News Journal Corporation publisher of The News Journal filed a response and appeared in opposi tion to the motion Defendant took no position According to the complaint a man who worked at the local museum sexually abused the minor plaintiffs He had first come into contact with three of the minors as they served as volunteers under his supervision More than four years ago the abuser was prosecuted and sentenced to prison Since then the plaintiffs have settled suits for damages result ing from this abuse against the Daytona Beach Mu seum of Arts and Sciences the Volusia County School Board and the Florida Department of Health and Rehabilitative Services As a previous employer of the abuser plaintiffs allege this de fendant failed to disclose information about the ab users record of sexual abuse when it received an inquiry related to his employment in this com munity Although so many persons have become familiar with the case that defendant has listed eighty-one potential fact witnesses no victim has yet been identified in the media Relying on a privacy interest in the facts relating to the sexual abuse plaintiffs argue that closure is ne cessary to prevent the substantial harm that likely would result from revelation of these facts and FNI entt 1catton as the victims Thus the motion calls upon the court to decide whether a privacy in terest in the facts relating to sexual abuse suffered by the minors provides a proper basis for closure of the trial of the minors suit for damages arising out of this abuse For the reasons that follow the court concludes that this is not a proper basis for closure and denies the motion FNI Previously plaintiffs moved for an order restraining anyone including the me dia from publishing information disclosed during the trial that would identify the minor victims The court denied this mo tion See Nebraska Press Association Stuart U.S and The Flor ida Star B.J.F U.S Whenever other interests compete with the public interest in open judicial proceedings ur analys is must begin with the proposition that all civil and criminal court proceedings are public events re cords of court proceedings are public records and there is a strong presumption in favor of public ac cess to such matters Sentinel Communications Co Watson So.2d Fla 5th DCA citing Barron Florida Freedom Newspapers Inc So.2d I This presumption rests on the most fundamental values of American government Thomson Reuters/West No Claim to Orig US Gov Works a a a I a Not Reported in So.2d Page Not Reported in So.2d I WL Fla Cir.Ct Media Rep Cite as WL Fla.Cir.Ct The people have a right to know what is done in their courts The greatest publicity to the acts of those holding positions of public trust and the greatest freedom in the discussion of the proceed ings of public tribunals that is consistent with truth and decency are regarded as essential to the public welfare Barron So.2d at I citing In re Shortridge Cal.I893 Open ness in courts has a salutary effect on the propensity of witnesses to tell the truth and of judi cial officers to perform their duties conscientiously It informs persons affected by litigation of its effect upon them and fosters respect for the law intelli gent acquaintance with the methods of govern ment and a strong confidence in judicial remedies which could never be inspired by a system of secrecy Id citing WIGMORE EVIDENCE Chadbourn rev I These fundamental values come into play whenever the court is in ses sion and the presumption of openness applies in hard cases as well as easy cases The reason for openness is basic to our form of government Id This motion is opposed by various news organ izations but the presumption of openness is of lar ger importance than the immediate interest of the press in the case of the moment To be sure the press has a cognizable interest in maintaining open courts because its ability to gather news is directly impaired or curtailed by restrictions on access Moreover the press is assigned a fiduciary role in enforcing public rights of access because the press may be properly considered as a representative of the public for enforcement of public right of ac cess Nevertheless the values of openness in courts transcend the interests of the press because freedom of the press is not and has never been a private property right granted to those who own the news media It is a cherished and almost sacred right of each citizen to be informed about current events on a timely basis so each can exercise his discretion in determining the destiny and security of himself other people and the Nation State ex rel Miami Herald Pub Co McIntosh So.2d In serving the right of each cit izen to be informed judicial openness of which the press is an instrument sustains public confidence in the judiciary and thus serves the ultimate value of popular sovereignty This higher purpose of openness is not always ap parent in the public scrutiny of the daily business of the courts Depending on the definition of news worthiness it may be possible to dismiss as un worthy much that transpires in civil courts Here it is easy to ask what public interest is served by sub jecting these minor victims to the risk of public identification However Barron teaches that this is the wrong question because it overlooks the higher purpose of openness in the courts In Barron a case involving privacy concerns inher ent in a divorce case the court strongly reaffirmed the presumption that Florida civil courts are open In dissent Justice McDonald saw the question in case-specific terms He would have closed the pro ceeding because the rights of the public to inform ation contained in a domestic relations lawsuit is minimal if existent at all So.2d at Impli citly this approach would have required the pro ponent of openness to show a particular need to know facts of the specific case in order to gain ac cess The majority rejected this approach because it saw the conflicting interests in broader terms The parties seeking a dissolution of their marriage are not entitled to a private court proceeding just be cause they are required to utilize the judicial sys tem So.2d at I A closure request implicates the integrity and cred ibility of the judicial system itself and not just the immediate concerns of the parties The balance to be struck is not between the peoples need to know the particular facts of the case versus the parties need to keep these facts private but between the public interest in open courts versus the personal desire for a private forum Public trials are essen tial to the judicial systems credibility in a free soci ety Barron at Although the Florida Supreme Court holds that Thomson Reuters/West No Claim to Orig US Gov Works a a Not Reported in So.2d Page Not Reported in So.2d WL Fla.Cir.Ct Media Rep Cite as WL Fla.Cir.Ct the public and the press have a fundamental right of access to all judicial proceedings however this right is not absolute State ex rel Miami Herald Pub Co McIntosh So.2d at In Bar ron the court took the occasion to establish the standards upon which the presumption of openness may be overcome when necessary to protect com peting interests The court wrote a definitive statement to assist judicial officers in this sensit ive area So.2d at Barron establishes a strong presumption of open ness for all court proceedings and records places the burden on the proponent of closure and grants standing to the public and media to challenge clos ure orders Before a court may enter any order of closure it must determine there are no reasonable alternatives to closure and must order the least re strictive closure necessary to accomplish the pur pose of closure So.2d at A closure or der should be drawn with particularity and nar rowly applied I So.2d at Barron specifies an exclusive listing of those com peting interests that may under appropriate circum stances be sufficiently weighty to justify closure Closure may be ordered only when necessary to serve one of six competing interests a to comply with established public policy set forth in the constitution statutes rules or case law to protect trade secrets to protect a compelling governmental interest e.g national security confidential informants to obtain evidence to properly determine legal issues in a case to avoid substantial injury to innocent third parties e.g to protect young witnesses from of fensive testimony to protect children in a di vorce or to avoid substantial injury to a party by disclos ure of matters protected by a common law or pri vacy right not generally inherent in the specific type of civil proceeding sought to be closed At the outset the proponent of closure must identi fy one or more of such interests that is implicated in the proposed closure Here it is not necessary to go beyond this first level of analysis because plaintiffs have not connected their motion to a valid interest that would justify closure This motion poses a direct confrontation between the individual interest in privacy and the public in terest in open courts Because there is inherent in the case sensitiye intimate and embarrassing private facts plaintiffs seek to litigate their claim in a closed proceeding They argue that revelation of the identities of the minor plaintiffs has the po tential to inflict substantial harm upon them as a matter of common sense There is no question there are strong reasons to keep private the facts surrounding the abuse prac ticed on the minors by the now-imprisoned abuser The question this court must decide however is whether these are reasons to secure the courtroom The question is not whether to afford privacy to the plaintiffs but whether to afford plaintiffs a closed forum in which to disclose these facts Although there is no case directly on this point the present question comes fully within the holding of Barron which thoroughly considered the com petition between the peoples interest in public courts and the personal interest in private facts ln effect Barron raised the question of the role to be assigned to privacy in a system of public courts and the majority resolved the issue by granting a narrow role to privacy based on considerations re lating to the legitimate expectations of privacy ln the Florida Supreme Courts well-developed pri vacy jurisprudence the fundamental basis of the right of privacy is a legitimate expectation of pri vacy Not every fact in every circumstance is private and not every act of government violates Thomson Reuters/West No Claim to Orig US Gov Works a a a a a a I a i a Not Reported in So.2d Page Not Reported in So.2d WL Fla.Cir.Ct Media Rep Cite as WL Fla.Cir.Ct the right to be let alone The concept by which the court separates the appropriate from the inappropri ate instance for invoking the privacy right is this expectation Stall State So.2d ln order to establish a right of privacy the individual must establish that a reasonable ex pectation of privacy exist Winfield Divi ion of Pari-Mutue Wagering So.2d A right of privacy cannot attach when there is no expectation of privacy Under our historic tradition of public courts what reasonable expectation of privacy could a litigant possibly entertain Concur ring in Barron Justice Erhlich would have con ceded the litigant no reasonable expectation of pri vacy He pointed out we have recognized that the potential for invasion of privacy is inherent in the litigation process Rasmussen South Flor ida Blood Service So.2d While civil litigants may have a legitimate expecta tion of privacy in pretrial depositions and interrog atories which are not filed with the court citations omitted no such expectation exists in connection with civil proceedings and court files which histor ica11y have been open to the public See Forsberg Housing Authority So.2d Overton concurring there is traditiona11y no expectation of privacy in court files So.2d at Justice Erhlich shows the conflict between pri vacy and publicness If the privacy interest were al lowed unbounded scope it would overcome the public nature of trials Thus a system of public tri als must insist that litigants abandon qualms about disc1osure of private facts when they place them in contest in the court Without rejecting this view entirely the majority nevertheless identified a limited scope of privacy within civil litigation We find that under appro priate circumstances the constitutional right of pri vacy established in Florida by the adoption of art icle I section could form a constitutional basis for closure under or So.2d at The majority thus conceived of two instances in which a reasonable expectation of privacy might be found First there is the privacy expectation of persons who are not parties to the case Involuntary parti cipants may have a reasonable claim of privacy Thus under item Barron recognizes that closure may be justified if the proponent carries the heavy burden of showing closure is necessary to avoid substantial injury to innocent third parties e.g to protect young witnesses from offensive testimony to protect children in a divorce So.2d at I Second there is the more limited privacy expecta tion of a party Again the doctrine of legitimate ex pectation is applicable Alth9ugh a litigant has no right to expect privacy in matters involved in the case litigated in a public court there may be mat ters extrinsic to the case with respect to which a lit igant has a reasonable privacy claim Under Bar rons item a proponent may be entitled to clos ure if he or she carries the burden of showing that closure is necessary to avoid substantial injury to a party by disclosure of matteis protected by a com mon law or privacy right not generally inherent in the specific type of civil proceeding sought to be closed So.2d at Barron rules out closure based on privacy interests of parties in the subject matter of the case itself In recognizing a peripheral role for the privacy claims of civil litigants the majority held there can be no privacy interest in that which is inherent in the case Because litigation in a public court system in volves an inherent tendency to invade privacy a lit igant has no reasonable expectation of privacy in the subject matter of a case This must be so if as Barron soundly affirms there is to be a system of open courts in Florida Applying this standard in Barron the court determ ined the medical history in question should not be sealed because it was inherent in the case Although generally protected by ones privacy right medical reports and history are no longer pro tected when the medical condition becomes an in tegral part of the civil proceeding particularly Thomson Reuters/West No Claim to Orig US Gov Works a a a a a I I Not Reported in So.2d Page Not Reported in So.2d WL Fla.Cir.Ct Media Rep Cite as WL Fla.Cir.Ct when the condition is asserted as an issue by the party seeking closure Medical information is an inherent part of these proceedings and cannot be utilized as a proper basis for closure So.2d at The same is true in this case Those private facts which form the basis of the motion for closure are the facts inherent in the plaintiffs case Neverthe less plaintiffs argue their request implicates the competing interests Barron listed in item a deal ing with public policy item dealing with pri vacy of third party and item I dealing with pri vacy ofa party Plaintiffs first argue that closure of the trial is ne cessary under item a to comply with established public policy set forth in the constitution statutes rules or case law So.2d at Plaintiffs rightly contend the State of Florida has long re cognized as a matter of public policy the need to protect minors who come into contact with the justice system and cite statutory provisions ex empting records of sex crimes and child abuse from public records disclosure and providing for closure of adoption and dependency proceedings See Fla.Stat To be sure it is public policy to protect minor victims of sex crimes from unnecessary public ex posure The cited exceptions to public records laws i11ustrate this as does the practice of anonymous pleading However state policy neither requires nor permits closure of public trials on the basis of the privacy interests of minor victims of sex crimes The trial of the perpetrator of a sex crime against a minor must be conducted in public as a matter of Florida com FN2 mon law Under Fla.Stat the court has a certain ability to clear the courtroom during testimony of a person under the age of but the press specifically may not be excluded A re cent statute protecting minor witnesses does not purport to authorize closure of the trial to protect minor witnesses FN When the state prosecutes the parent of a minor child for sexual abuses practiced on the child the trial is not closed nor is there sup pression of the identity of the parent from which as plaintiffs argue here the identity of the child is readily inferred.FN Indeed from the reports of tort suits by minor victims of sexual crimes seeking damages from the perpetrator or those vicariously liable it can be seen that the courts of this state conduct cases like the present as open public trials FN6 mt enameo eparty FN2 Bundy State So.2d cert denied U.S Miami Herald Publishing Co lewis So.2d I See also Globe Newspaper Company Superior Court S.Ct Same under First Amendment FN3 See Palm Beach Newspapers Nourse So.2d Fla 4th DCA Error to summarily exclude press from arraignment of defendant charge with lewd and lascivious act on child under age News-Press Pub Shearer Med.L.Rptr Fla 2d DCA I Error to exc1ude press from courtroom while juvenile witness in sex crime testi fies and error to seal record from press Compare Miami Herald Pub Co Morphonios So.2d Fla Error to gag press from publishing testi mony of minor witness via prerecorded video and Thornton State So.2d I Fla 2d DCA I I Statute cannot override defendants Sixth Amendment right to public trial without case-by-case balancing test See also Doe Doe So.2d Fla 4th DCA I Affirming denial of motion to close pro ceedings in which mother seeks authority for surgical sterilization of mentally handi capped daughter FN4 Fla.Stat Authorizing the court to permit or prohibit the attendance Thomson Reuters/West No Claim to Orig US Gov Works a a a a a i a Not Reported in So.2d Page Not Reported in So.2d WL Fla.Cir.Ct Media Rep Cite as WL Fla.Cir.Ct of any person at the proceeding emphasis supplied FNS See e.g Schmidt State So.2d Father prosecuted for crime of video recording of minor daughter in violation of statute concerning depiction of sex acts Sanders State So.2d Fla 3d DCA Father prosec uted for lewd and lascivious acts against minor daughter FN6 See e.g Zordan Page So.2d Fla 2d DCA Suit by minor and parents against carrier for damages in curred when insured fondled private parts of minor plaintiff Hennagan Depart ment of Highway Safety and Motor Vehicles So.2d Fla 1st DCA suit by minor and parents against FHP for damages when minor driver was allegedly sexually abused by patrolmen after being stopped on pretext of suspi cion Drake Island Community Church Inc So.2d Fla 3d DCA Suit by minor and parents for damages from sexual abuse by teacher on minor pu pil Compare Freeha fv School Board of Seminole County So.2d Fla 5th DCA cause dismissed So.2d Suit for abuse inflicted on son by stepmother fai1ure to report suspected abuse by school Fischer Metcalf So.2d Fla 3d DCA Suit by minors against psychologist for damages from abusive father when suspicion of ab use was not reported The court concludes that it is not necessary to close this trial in order to comply with any public policy of the State of Florida The plaintiffs next argue that closure is necessary to serve the interest of innocent third parties whose privacy warrants closure under item of Barron The plaintiffs assert that each minor in this consol idated cause is a third party as to the other three ac tions and thus the trial should be closed to protect them as third parties in the consolidated cases Hav ing voluntarily joined to bring the action they can not claim to be third parties to the action nor assert a legitimate expectation of privacy in the disclos ures that necessarily follow from their decision to act in concert Plaintiffs also assert the privacy interest of other minors who were victims of this same abuse but who have not joined in this suit There is no evid ence that trial of this case would implicate these third parties In any event plaintiffs lack standing to assert the interest of these third parties and the Court will not decide any issue affecting their rights unless a party with standing raises the issue Finally plaintiffs attempt to bring their motion un der item relating to the privacy interest of a party To be entitled to an order of closure under this item however plaintiffs must show that clos ure is necessary to avoid substantial injury to a party by disclosure of matters protected by a com mon law or privacy right not generally inherent in the specific type of civil proceeding sought to be closed So.2d at emphasis added Plaintiffs argue their identities are not inherent facts in the case and thus the trial should be closed to prevent revelation of the identity However plaintiffs also contend it will be impossible to try the case without revelation of their names Their ar gument refutes itself The identity of a party is in herent in the case and that concern alone could not justify total closure This argument is a proxy for the ineffective argument that the sensitive nature of inherent private facts should justify a private forum Facts regarding abuse form the core of their case and thus it is an inherent part of these proceedings and cannot be utilized as a proper basis for clos ure So.2d at The decision to litigate this issue is tantamount to a decision to place the in formation before the public As sympathetic as their claim is it fails to state a cognizable reason for closure under the law The Thomson Reuters/West No Claim to Orig US Gov Works a a a a I a a a I a Not Reported in So.2d Not Reported in So.2d WL Fla.Cir.Ct Media Rep Cite as WL Fla.Cir.Ct request to close a civil trial because of a partys dis closural concerns with facts inherent in the cause cannot be reconciled with Barron Facts generally protected by a partys privacy right are no longer protected from disclosure when they become an in tegral part of a civil proceeding Indeed plaintiffs argument for a private forum could be asserted as the basis for a wide array of exceptions that would swallow up the presumption of openness The argument based on this interest therefore proves too much That same interest could be relied upon to support an array of mandatory closure rules proves too much and runs contrary to the very foundation of the right of access Globe Newspa per Company Superior Court S.Ct I Accordingly having considered the briefs and argu ments of counsel for the reasons set forth in this opinion it is ORDERED that the Motion to Close Trial be denied DONE AND ORDERED Fla.Cir.Ct John Doe-I Through John Doe-4 Museum of Sci ence and History of Jacksonville Inc Not Reported in So.2d WL Fla.Cir.Ct Media Rep END OF DOCUMENT Thomson Reuters/West No Claim to Orig US Gov Works Page a I I a I a a a Case ument Entered on FLSD Doc Page of UNITED ST A TES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-80736-CIV-MARRA/JOHNSON Fl LED by I D.C IN RE JANE DOE JUL Petitioner STEV LARIMORt Clt:IIK U.S UISt ct S.D Of FLA GOVERNMENTS RESPONSE TO VICTIMS EMERGENCY a a a a a a i I Case uvcument the Southern District of Florida Entered on FLSD Doc Page of Title U.S.C Section I provides in pertinent part that in any court proceeding involving an offense against a crime victim the court shall ensure that the crime victim is afforded the rights described in subsection a There is no court proceeding in the instant case since Epstein has not been charged with violation of any federal statute No federal grand jury indictment has been returned nor has any criminal information been filed There can thus be no failure c,f a right to notice of a public court proceeding or the right to restitution In her memorandum petitioner relies upon In Re Dean F.3d 5th Cir where the Fifth Circuit held that the CVRA required the government to confer in some reasonable way with the victims before ultimately exercising its broad discretion Id at In Dean the government sought and obtained an order permitting it to negotiate a plea agreement with BP Products North America without first consulting with the victims individuals injured and survivors of those killed in a refinery explosion A plea agreement wa ultimately negotiated and the victims objected The appellate court found that the CVRA granted a right to confer However the court declined to grant mandamus relief for prudential reasons finding that the district court had the benefit of the views of the victims who chose to participate at the hearing held on whether the plea agreement should be accepted at Dean is legally distinguishable in several respects For one thing the courts discussion of the scope of the right to confer was unnecessary because the court ultimately declined to issue mandamus relief lliru F.3d at Also in offering its view that this right applies pre charge it is noteworthy that the court in purporting to quote the statute omitted the last three words of section a in the case words that arguably point in the opposite direction by a I a a a a Case Jcument Entered on FLSD Do1 Page of suggesting that the right applies post-charge Further the court went to great lengths to emphasize that its holding was limited to the particular circumstances presented in that case i.e the simultaneous filing of a plea agreement and formal charges which of course is not the case here No federal charges have been filed in the instant case and this case unlike Dean involves an agreement to defer federal prosecution in favor of prosecution by the State of Florida and not a guilty plea 1lL at Finally the Dean court expressly declined to speculate on the right to confers applicability to other situations Id Nothing in a supports the petitioners claim that she had a right to be consulted before the Government could enter into a non prosecution agreement which defers federal prosecution in exchange for state court resolution of criminal liability and a significant concession on an element of a claim for compensation under U.S.C II THE GOVERNMENT HAS USED ITS BEST EFFORTS TO COMPLY WITH U.S.C The Epstein case was investigated initially by the Palm Beach Police Department in Exhibit A Declaration of Assistant United States Attorney A Marie Villafana Subsequently the Palm Beach Police Department sought the assistance of the Federal Bureau of Investigation FBI Id Throughout the investigation when a victim was identified victim notification letters were provided to the victim by both the FBI Victim-Witness Specialist and AUSA Villafai a Id Petitioners counsel Brad Edwards Esq currently represents an The U.S Attorneys Office victim notification letter to-was provided by the FBI and the letter to-was hand-delivered by AUSA Villafana to her when she was interviewed in April FBI victim notification letters were mailed a a a a a Case Jcument Entered on FLSD DoL Page of January I and to on May Villafana Deel Throughou1 the investigation AUSA Villafana and the FBIs Victim-Witness Specialist had contact with Villafana Deel Earlier in the investigation,_ was represented by James Eisenberg Esq Consequently all contact witJ-al was made through Mr Eisenberg In Epsteins attorneys approached the U.S Attorneys Office in an effort to resolve the federal investigation Id At that time Mr Epstein had been charged by the State of Florida with solicitation of prostitution in violation of Florida Statutes Mr Epsteins attorneys sought a global resolution of this matter The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida so long as certain basic preconditions were met One of the key objectives for the Government was preserve a federal remedy for the young girls whom Epstein had sexually exploited Thus one condition of that agreement notice of which was provided to the victims on July is the following Any person who while a minor was a victim of a violation of an offense enumerated in Title United States Code Section will have the same rights to proceed under Section as she would have had if Mr Epstein had been tried federally and convicted ofan enumerated offense For purposes of implementing this paragraph the United States shall provide Mr Epsteins attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr Epstein Any judicial authority interpreting this provision including any authority determining which evidentiary burdens if any a plaintiff must meet shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr Epstein been convicted at trial No more no less The Attorney General Guidelines for Victim and Witness Assistance May Article a a a a a Case 0cument Entered on FLSD Doe __ Page of IV Services to Victims and Witnesses provides the following guidance for proposed plea agreements Proposed Plea Agreements Responsible officials should make reasonable efforts to notify identified victims of and consider victims views about prospective plea negotiations In determining what is reasonable the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case including but not limited to the following factors a The impact on public safety and risks to personal safety The number of victims Whether time is of the essence in negotiating or entering a proposed plea Whether the proposed plea involves confidential information or conditions Whether there is another need for confidentiality Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendants right to a fair trial Throughout negotiations Epsteins attorneys claimed that one reason victims came forward and pressed their claims was their desire for money They argued that victims might have an inducement to fabricate or enhance their testimony in order to maximize their opportunities to obtain financial recompense Villafana Deel II The Government was extremely concerned that disclosure of the proposed terms would compromise the investigation by providing Epstein the means of impeaching the victim witnesses should the parties fail to reach an agreement In light of the fact i that the United States agreed to defer prosecution to a previously filed state criminal case ii that as a result sentencing would take place in state court before a state judge i that if the state resolution failed to meet minimum standards such that a federal prosecution was warranted the victims would be witnesses and thus potential a a a a a a i a I Case cument Entered on FLSD Doc Page of impeachment issues were of concern and iv the United States was already making efforts to secure for victims the right to proceed federally under U.S.C even if prosecution took place in state court the Government determined that its actions in proceeding with this agreement best balanced the dual position of the Jane Does as both victims and potential witnesses in a criminal proceeding On Friday June at approximately p.m AUSA Villafana received a copy of the proposed state plea agreement and learned that Epsteins state plea hearing was scheduled for Monday June at a.m Villafana Deel AUSA Villafana and the Palm Beach Police Department attempted to provide notification to victims in the short time that they had Although all known victims were not notified AUSA Villafana did call attorney Edwards to provide notice to his clients regarding the hearing AUSA Villafana did this even though she had no obligation to provide notice of a state court hearing Mr Edwards advised that he could not attend but that someone would be present at the hearing Id The Government has complied with U.S.C by using its best efforts to 267see that crime victims are notified of and accorded the rights described in subsection a Specifically petitioner was afforded the reasonable right to confer with the attorney for the Government under U.S.C a Disclosure of the specific terms of the negotiation were not disclosed prior to a final agreement being reached because the Government believed doing so would jeopardize and prejudice the prosecution in the event an agreement could not be made Further although U.S.C a does not apply to state court proceedings the government nonetheless notified petitioners counsel on June of the plea hearing in state court on June a a a a a a a a I Case _,cument Entered on FLSD Doc Page of Section provides in relevant part that nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction The Government exercised its judgment and discretion in determining that there was a need for confidentiality in the negotiations with Epstein The significant benefit of obtaining Epsteins concession that victims suing him under S.C a were victims of the enumerated offenses despite the fact he has not been convicted in federal court was of sufficient importance to justify confidentiality of the negotiations I THE GOVERNMENTS DISCUSSIONS WITH Attorney Brad Edwards has advised the Government that he represents and Victim letters were provided to all three individuals The letters to an were forwarded on January Villafana Deel i On May status as a victim was confirmed when she was interviewed by federal agents The FBI Victim Witness specialist sent her a letter on May Id When the agreement was signed in September was openly hostile to a prosecution of Epstein an had refused to speak with federal investigators hL i While individual victims were not consulted regarding the agreement none of Mr Edwards clients had expressed a desire to be consulted prior to the resolution of the federal investigation In October was not represented by counsel Id i She was given telephonic notice of the agreement as were three other victims These four individuals were also given notice an expected change of plea in state court in October In mid-June Mr Edwards contacted AUSA Villafana to advise that he represented an and requested a meeting Id i AUSA Villafana asked Mr Edwards to send a a a a a Case L-J..:ument Entered on FLSD Doc Page of to her any information that he wished her to consider Nothing was provided Id AUSA Villafana also told Mr Edwards he could contact the State Attorneys Office ifhe wished To her knowledge Mr Edwards did not make the contact The Government has acted reasonably in keeping and informed Petitioners rights under the CVRA have not been violated Therefore her emergency petition should be denied By Respectfully submitted ALEXANDER A COST A Assistant U.S Attorney Fla Bar No N.E Street Miami Florida Fax EY E-mail dexter.lee usdoj.gov Attorney for Respondent CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via facsimile transmission and U.S Mail thi;/ffl._ day of July to Brad Edwards Esq The Law Offices of Brad Edwards Associates LLC Harrison Street Suit Hollywood Florida tl!;r Assistant U.S Attorney I I i a I a a a a I I a I a I Case ument Entered on FLSD Doc1 Page of UNITED ST ATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No 08-80736-Civ-Marra/Johnson FILED by D.C IN RE JANE DOE JUL Petitioner STMN LARIMOR U.S DIST CT Of FLA W,ltB I DECLARATION OF A MARIE VILLAFANA IN SUPPORT OF UNITED STATES RESPONSE TO VICTIMS EMERGENCY a a I a a a Case L--Cument Entered on FLSD Doc Page of I am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein The case was investigated by the Federal Bureau oflnvestigation FBI The federal investigation was initiated in at the request of the Palm Beach Police Department PBPD into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution amongst other offenses Throughout the investigation when a victim was identified victim notification letters were provided to her both from your Affiant and from the FBIs Victim-Witness Specialist Attached hereto are copies of the letters provided to Bradley Edwards three clients and Your Affiants letter to was provided by the FBI Ex I Your Affiants letter to was hand-delivered by myself to at the time that she was interviewed Ex Both and-also received letters from the FBIs Victim Witness Specialist which were sent on January I Exs was identified via the FBIs investigation in but she initially refused to speak with investigators status as a victim of a federal offense was confirmed when she was interviewed by Attomey Edwards filed his Motion on behalf of Jane Doe without ident which of his clients is the purported victim Accordingly I will address facts related an All three of those clients were victims of Jeffrey Epsteins while they were minors beginning when they were fifteen years old Please note that the dates on the U.S Attorneys Office letters to an are not the dates that the letters were actually delivered Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted a a a a a a Case uvcument Entered on FLSD Doc Page of federal agents on May The FBIs Victim-Witness Specialist sent a letter on May Ex Throughout the investigation the FBI agents the FBls Victim-Witness Specialist and your Affiant had contact with and-Attorney Edwards other client was represented by counsel and accordingly all contact with-was made through that attorney That attorney was James Eisenberg and his fees were paid by Jeffrey Epstein the target of the investigation In the summer of Mr Epstein and the U.S Attorneys Office for the Southern District of Florida the Office entered into negotiations to resolve the investigation At that time Mr Epstein had been charged by the State of Florida with solicitation of prostitution in violation ofFlorida Statutes Mr Epsteins attorneys sought a global resolution of the matter The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida so long as certain basic preconditions were met One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited Thus one condition of that agreement notice of which was provided to the victims on July is the following Any person who while a minor was a victim of a violation of an offense enumerated in Title United States Code Section will have the same rights to proceed under Section as she would have had if Mr Epstein The undersigned does not know when Mr Edwards began representing or whether ever formally terminated Mr Eisenberg representation a a a a a I a Case Jcument Entered on FLSD DOl Page of had been tried federally and convicted ofan enumerated offense For purposes of implementing this paragraph the United States shall provide Mr Epsteins attorneys with a list of individuals whom it was prepared to name in an Indictment as victims ofan enumerated offense by Mr Epstein Any judicial authority interpreting this provision including any authority determining which evidentiary burdens if any a plaintiff must meet shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr Epstein been convicted at trial No more no less An agreement was reached in September The Agreement contained an express confidentiality provision Although individual victims were not consulted regarding the agreement several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter At the time the agreement was signed in September was openly hostile to the prosecution of Epstein The FBI attempted to interview in October at which time she refused to provide any information regarding Jeffrey Epstein None of Attorney Edwards clients had expressed a desire to be consulted prior to the resolution of the federal investigation As explained above one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims In October shortly after the agreement was signed four victims were contacted and these provisions were discussed One of those victims was who at the time was not represented and she was given notice of the agreement Notice was also provided ofan expected change of plea in October When Epsteins attorneys learned that some of the victims had been a a a a a a a a Case Jcument Entered on FLSD Docr-d Page of notified they complained that the victims were receiving an incentive to overstate their involvement with Mr Epstein in order to increase their damages claims While your Affiant knew that the victims statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages the agents and I concluded that informing additional victims could compromise the witnesses credibilit at trial if Epstein reneged on the agreement been notified of the terms of the agreement but before Epstein performed his obligations,_ contacted the FBI because Epsteins counsel was attempting to take her deposition and private investigators were harassing her Your Affiant secured pro bono counsel to rcpresen and several other identified victims Pro bono counsel was able to assist in avoiding the improper deposition That pro bona counsel did not express to your Affiant tha was dissatisfied with the resolution of the matter In mid-June Attorney Edwards contacted your Affianl to inform me that he represente and and asked to meet to provide me with information regarding Epstein I invited Attorney Edwards to send to me any information that he wanted me to consider Nothing was provided I also advised Attorney Edwards that he should consider contacting the State Attorneys Office ifhe so wished I understand that no contact with that office was made Attorney Edwards had alluded to so I advised him that to my knowledge was still represented by Attorney James Eisenberg a a a a a a i I Case cument Entered on FLSD Doe Page of On Friday June at approximate p.m your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for a.m Monday June Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epsteins counsel had ghen us Although all known victims were not notified your Affiant specifically called attorney Edwards to provide notice to his clients regarding the hearing Your Affiant believes that it was during this conversation that Attorney Edwards notified me that he represented and I assumed that he would pass on the notice to her as well Attorney Edwards informed your Affiant that he could not attend but that someone would be present at the hearing Your Affiant attended the hearing but none of Attorney Edwards clients was present I On todays date your Affiant provided the attached victim notifications to and via their attorney Bradley Edwards Exs A notification was not provided to because the U.S Attorneys modification limited Epsteins liability to victims whom the United States was prepared to name in an indictment In light of prior statements to law enforcement your Affiant could not in good faith include-as a victim in an indictment and accordingly could not include her in the list provided to Epsteins counsel Furthermore with respect to the Certification of Emergency Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition On the afternoon of July after your Affiant had a a a a a I I a Case uocument Entered on FLSD Docl et Page of already received the Certification of Emergency and Emergency Petition I received a letter from Attorney Edwards that had been sent via Certified Mail on July While that letter urges the Attorney General and the United States Attorney to consider vigorous enforcement of federal laws with respect to Jeffrey Epstein it contains no demand for the relief requested in the Emergency Petition I declare under penalty of perjury pursuant to U.S.C that the foregoing is true and correct to the best of my knowledge and belief Executed this Cftl day of July a a a a a a a Case uucument Entered on FLSD Oot,,_c,C U.S Department or Justice United Stales Allorney Soulhem D1s1nc1 of Florida South Australian Ave Su1h IVeSI Palm Beach FL Facsimile June DELfVERY BY HAND Miss Re Crime Yiclims and Witncss_g Rights Dear Miss Pursuant lo the Justice for All Act of as a viclim and/or witness of a federal offense you have number of rights Those nghts arc I The right to be reasonably protected from lhe accused The right lo reasonable accurate and timely notice of any public court proceeding involving the crime or of any release or escape of the accused The right not to be excluded from any public court proceeding unless the court determines chat your testimony may be materially altered if you are present for other portions of a proceeding The right to be reasonably heard at any public proceeding in the distric1 court involving relea plea or sentencing The reasonable right to confer with the attorney for the United States in the case The right to full and timely restitu1ion as provided in law The righi to proceedings free from unreasonable delay The right to be treated wilh fairness and with respect for lhe victims dignity and privacy I Members of t1e U.S Department of Justice and other federal investigative agencies including the Federal Bureau of lnvestigat on must use their best efforts to make sure that these rights are pro1ec1cd If you have any concerns in his regard please feel free to conlact me at or Special Agent Nesbill Kuyrkendall from Federal Bureau of Investigation at You also can con1ac1 he Justice Departments Office for Victims of Crime in Washington D.C al Thal Office has a websile at w.ovc.gov You can seek rhe advice of an atlomey with respecl lhe righfa listed above and if you bdievc hat the righls forth above are being violaled you have he righl lo petition the Court for relief a a a a a Case MISS JUNE Po GE Jcument Entered on FLSD Dol Page o_f In addition to lhese rights you are entitled lo counseling and medical services and protection from m1m1ida1ion and harassment If the Court determines that you arc a victim you also may be entitled lo restitution from the perpetrator A list of counseling and medical service providers can be provided to you if you so desire If yqu or your family is subjected to any intimidation or harassment please contact Special Agent Kuyrkendall or myself immediately It is possihle that someone working on behalf of the targets of the inves11ga11on may contact you Such contact does not v10la-.ec law However if you are contacted you have the choice of speaking to that person or refusing to"do so If you refuse and feel that you are being threatened or harassed then please contact Special Agent Kuyrkcndall or myself You also are entitled to notification of upcoming case events Al this time your case is under irives11ga11on.l lfanyone is charged in connection with the investigation you will be notified By cc Special Agent Nesbitt Kuyrkendall F.B.I Sincerely Alexander Acosta United Stales Attorney vJlaeQAP A Marie Villafana Assistant United Stales Attorney a a a a I a a a Case cument Entered on FLSD DOl U.S Department of Justice United Stales Allorney Southern District of Florida Soulh AHstraltan tve Su,lr Wesl Palm Beach Fl Facsim,te August DELIVERY BY HAND Miss Re Crime Victims and Witnesses Rights Dear Miss Pursuant to the Justice for All Act of as a victim amVor witness ofa federal offern;e you have a number of rights Those rights are I The right to be reasonably protected from the accused The right to reasonable accurate and timely notice of any public court proceeding involvi.1g the crime or of any release or escape of the accused The right not to be excluded from any public court proceeding unless the court dctcrm 267nes that your testimony may be materially altered if you are present for other portions of a proceeding The nghl be reasonably heard at any public proceeding in the district court involving release plea or sentencing The re,.sonable right to confer with the attorney for the United States in the case The right to full and timely restitution as provided in law The right to proceedings free from unreasonable delay The right to be treated with fairness and with respect for the victims dignity and pnvacy Members of the U.S Department of Justice and other federal investigative agencies including the Federal Bureau of Investigation must use their best efforts make sure that these rights are protected If you have any concerns in this regard please feel free to contact me al or Special Agent Nesbitt Kuyrkendall fron the Federal Bureau of Investigation al You also can contact the Justice Departments Office for Victims of Crime in Washington D.C al That Office has a website at w.ovc.gov You can seek the advice of an allorney wilh respect to the rights listed above and if you believe that the rights el forth above are being violated you have the right to petition the Court for relief a a a a a Case MISS AUGUST PAGE L,c1cument Entered on FLSD Docl Page of In addition lo lhese rights you are enlilled lo counseling and medical services and from inlim1da1ion and harassment If lhe Court delermines Iha you are a vic1im you I cnlilled resti1u1ion from he perpetrator A list of counseling and medical service be provided lo you you so desire If you or your family is subjecled to any int harassment please couac Special Agent Kuyrkendall or myself immediately It is I someone working on behalf of lhe 1arge1s of lhe invesligation may contact you Such not violate 1he law However if you are contacted you have lhe choice of speaking i or refusing do so If you refuse and feel thal you are being lhrcalened or harassed contacl Special Agenl Kuyrkendall or myself You also are emi1led nolitication ofupcomingcase even ls Al his time you invesligation If anyone 1s charged in connection with lhe invesligation you will be By cc Special Agenl Nesbill Kuyrkendall F.B.I Sincerely Alexander Acosta Uniled States Attorney Assislant Uniled Slates Allomey a I I a Case 6-KAM uocument January Re Case Number Entered on FLSD Dock.et 0Zb1 Cl8.J Page.,12.,of U.S of Justice Federal Bureau of Investigation FBI Wost Palm Beach Suite South Flagler Drive West Palm Boach FL Phone Fix ls caae Is curronlly undor lnvesUgaUon Thia can be a lengthy process and we request your continued patience wMe we conduct thorough investigation crtme victim you have the following lfghlS under United StaleS Cod T1tl right to be nouonably prolected from the accu1ed The right ID rauonable aoc:urale end lhJ,ely notice of any public cout1 proceeding or any parole proceeding lnvOtvlng the crime or of any release or escape of the accu1ed The right not to be 1xctuded from 1ny auch public court proceeding the court after receiving clear end convincing evidence determlnaa that testimony by the vtcllm be materlally altered the victim other testimony that proceeding The r1ghl ID be reasonably he1rd at any public proceeding In the district court lnvoMng releue plea sentencing or any parole Th reuonable right to confer with the 1ttorney for the Govomment In the case I The right ID luff timely restitution as provided In law Th right proceedln frN from unreasonable delay right to be 1realed with fairness and with reapect for the v1c11m dlgnlly privacy wit I mau our best effort to ensure you are Ille rlghta described Mo,;t of these r1ghbl pertain ID events occurring af or the or 1ndtelmanl ol an lndlVldual Ir the crime and I wil become the responslbo11ty of pr0Hcullng Untted Attomeya Offlce you are accorded those rights You may also seek the acMca of a private attorney wJII reepect ID theSa rlghtl Victim NOUfication Syatam VNS is designed ID provide you with direct information rega,dlng the ca aa tt proceeds through th clfmlnal justice system You may obtain cu,rent Information about thts matter an the Internet al W.Notlfy.USOOJ.GOY er lr0m lh1 VNS Call Center at 6-DDJ.4YOU TDD/TTY In addition you may use tile CIR Center or lni.mel ate yo in!Orrnlion and/or cllange YOIJlf ion participation in the notifocatlon program If you update yaur 1o Include a current email VNS will send inforrna11on to lhat You wll nNd following Vlcllm ldenllflcatlon Numb VIN Porsonal 1-oatlon Number PIN 267--nylime you contact Ille Call Cenm arid Ille first time you log on to VNS on Ille tntemet In addition the flrst time you accau Ille VNS tntamet site you wih be prompted enter your la name or business n..ne currently contained In VNS The name you llhoukl enter I I I a a Case uOCument Entered on FLSD Docktll Page II you have additional quN1io!II whlcll lnvolVe this matter please contact the office listed above When you cal please provide the fill number located al the top of lhls letter Pie your participation the noUflcaliOn part of this is voluntary In orner to continue to receive nouticatioos it i your responslbly to keep your contact lnforrnaUon currenl Sincerely Twller Smtth Victim Speciall a a I a a a I Case L--.:ument January James Eisenberg one Clea l8ka Center SIB Australian So Wes1 Palm Beach FL Re a Oear James EIMnberq Entered on FLSD Dock Page lf u.s O.panment JusUce Fedn Bun,au of Investigation FBI West Palm Beach Sutta South Flagler Drive Weal Palm Bud FL Phone Fax You have reques1ed rec11lve notlfleallona for caH I curronlly under This can be a lengthy proCHS and we requeol yo Jr continued patlanee while we conduc,t a thorough invesllgaUon As crime vicllm you Iha followlng righ1S under Unftlod Stotaa Cade The right ID be reasonably prolected m,,n the_ accused Th right lo ruaaonable accurate and timely notice of any public court procaeding or any parole proceedtr,v lnvoMng th or of any or of the accused The right not to be excluded from any such public court proteedlng unless the court after receiving clear and convincing evidence detennlnll lhat teotimony by Iha victim would ba materially 1l1erlld if the victim heard olher lestimony lhal proceeding The righl to bl reasonably reerd any public proceeding In lht dla1c:1 courl lnvolvtng release plea sentencing or any parole proceeding The rea1on1ble righl lo confer with the attorney for the Government in tho case The righl IQ lull and llmely rHlutlon ao provided In law The rtghl lo proceeding free from unreosonoble delay The right to bl treated with fairness and wtth rupec:t for the victim dignity and privacy Wa wtU mike our best allatl ta ensure you are accorded the righl ducrtDed MOIi of these rights pertain ID event ooeurring the arr11t or lndicbnanl of an for the crime and It wtll become lh r11ponlibly of Iha prosecuting United States Allomoys Off,ce lo ensure you are accorded rights You may allO tho advice of a attorney with res ct lo these rights TIie Vlc1lm Noll1icatl0n System VNS i designed to provide you with direct Information regarding the case as It proceecll through Iha criminal julce system You may obtain current about lhls maner on the Internet at W.Notify USOOJ.GOV or from Iha VNS Call Canter at DOJ YOU I TOD/TTY lntemalional In addition yo may use the Cal Center or lrnmort to updale your contad lnfom,aaon enQ/or change your decision participauon in the notlfioalian program If yuu your Information lo Include a currenl emel addrnll VNS wl send nfonnaUon ID that 1dclre11 You wll need Iha following Victim Identification Numb VIN Personal ldenllftcatlon Number PINI anytime you contact tho Call center and f1t lime you on to VNS on the Internet In addition lhl finot time you acce11 the VNS lnlemat alte you wtll be p,-ompled lo enter your lasl name or busineu nemeJ currently contained in VNS The name you should enter is Eisenberg a I I a a Case uucument Entered on FLSD Docket Page If you have addlUOnal questions whk:11 lnvole lhis mattar please contact lhe office listod above When you plHse pn,vlde the n1e number locawd al the lop of lhiS letter Please n,mamber your participation in th notlficallon pa of this program iS votuntary In order to continue to receiVe notifications tt is your responslbly to keep your contact Information current Sincerely wiler Smith Vic:ttrn Specialist a a a a a I a i Case May Ro Deer I 1-,__,cument Entered on FLSD Doc U.S o.,,anment of Justtce Bureau of Investigation FBI West Palm Beach Suite Sou1h Flagler Drive Well Palm 8eac:h FL Phone Fu I Your name wa1 referred to 1e FBls Victim Assistance Program as being possible v1cbm of a federal crime We appreciate your a551Stance Ind cooperation whHe we ere lnvestlgaUng this case We would lil to make you aware of the victim servlcas that mey be available to you and to answer questions you may have regarding the criminal justice process throughOut tho Investigation Our program i1 part al the FBls ID insure the victims are treated with respect and are provided lnfonnation about their ngls under federal law These rights Include notificabon of Iha statu1 of the The enclosed brochures provide information about the FBl"s Victim Assistance Program re1ource1 and in1lr lctions for accesoing the Vlcllm Notification System VNSJ VNS is designed to provide you wtth inlonnation regarding the of your case case Is curranlly under 1nveltig1tion This can be a lengthy process and we request your continued patience whlle w1 conduct a thorough investigation As a crime victim you have lhe folloWlng rights under United Stateo Code Tho right lo be reasonably prolecled from accused The right lo reasonable eccurata and timely no ca of any public coort proceeding or any parole proceeding involving the crime or of eny ra1 se or escape of the accused The right not tD be axCluded from any su.,t publlc to11n proceeding unless the court aner receiving otaar and con 267,incing evidence detem,ines that tealimony by the vtclim would be materially an.red If the Victim heard other testimony al prooaeding The rtght lo be reasonably neara et any publlc proceeding in the district court Involving release plea sentencing or any pa,ole proc;eei!ing The reasonable right lo confer with th attomey for the Govemmenl in tho I right to full and fimely resUt Jllon is provided law t7 The right to proceedings free from unreaoonable delay The right to be treated with faim and with respect or the victims dignity and prtvacy We I make our bell 1lf0rtl to ensure you an1 accorded Iha rights descnbed Most of these rights pertain to events occurTlng after the or indictment of an individual for tho crime and it will become the responslbiltty of the prosecuting Unltad Slates Attorneys Office to ensure you are accorded lhoae rights You may also seek the advice of private attorney w;th respect tD these rights The V!Clim NotlflcaUon Syatem VNS designed to provide you with direct information regarding the case as proceeds through tne criminal justice system You may oblain cuvrent information aboul this mane on the Internet at W.Notify.USDOJ.GOV or from the VNS Call 225!Tler at TOD/TTY International In addition you may use the Can Center or Internet lo up,jate your contact information and/or change your deeision about participation in the notification program you update your lnlormstion to Include a current email address VNS will sond nrormabon to that address You will need following Victim Identification Number VIN 267iliiand Perocnol ldentiflcaUon Number PINJ-enytime you contact the Call Center and Ille flrst time you IOg or to VNS on the Internal In addition tho flrsl time you access tho VNS Internet you will be prompted tD enter 1our lest name or business name currently contained in VNS The name you should enter i9 LI a a a a I a I Jment Entered on FLSD Dock Page II you have addlUonal quesuons whleh Involve lhis matter please contact lhe office tad above When you caU please provide the Hie number located at the top of tht totter Plea remember your participation in lhe n0t1ncation part of this program is voluntary In order to continue to receive notifications it is your responsibility to keep your contact infonnation current Sincerely TwilarSm Victim Specialist TOTFL a Case Lv,.;ument Entered on FLSD Dock Paqe of L.S Department of Justice United States A 11orney Southern District of Florida South Australian Ave Suite West Palm Beach Fl Facsimile July VIA FACSIMILE Brad Edwards Esq The Law Offices of Brad Edwards Associates LL Harrison Street Suite Hollywood Florida Re Jeffrey 7JI NOTIFICATION OF IDENTIFIED VICTIM Dear Mr Edwards 00VERNMENr EXHIBrT CASE EXHIBIT NO By virtue of this letter the United States Attorneys Office for the Southern District of Florida asks that you provide the following notice to your client On June Jeffrey Epstein hereinafter referred to as Epstein entered a plea of guilty to violations of Florida Statutes Sections felony solicitation of prostitution and procurement of minors to engage in prostitution in the 15th Judicial Circuit in and for Palm Beach County Case Nos and AXMB and was sentenced to a term of twelve months imprisonment to be followed by an additional six months imprisonment followed by twelve months of Community Control I with conditions of community confinement imposed by the Court In light of the entry of the guilty plea and sentence the United States has agreed to defer federal prosecution in favor of this state plea and sentence subject to certain conditions One such condition to which Epstein has agreed is the following Any person who while a minor was a victim of a violation of an offense enumerated in Title United States Code Section will have the same rights to proceed under Section as she would have had if Mr Epstein a I I a Case lJocument Entered on FLSD Docket Page of BRAD EDWARDS ESQ NOTIHCA flON OF IDENTIFIED VICTIM JULY PAGE or had been tried federally and convicted ofan enumerated offense For purposes of implementing this paragraph the United States shall provide Mr Epsteins attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr Epstein Any judicial authority interpreting this provision including any authority determining which evidentiary burdens if any a plaintiff must meet shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr Epstein been convicted at trial No more no less Through this lener this Office hereby provides Notice that your clien is an individual whom the United States was prepared to name as a victim ofan enumerated offense Should your client decide to file a claim against Jeffrey Epstein his attorney Jack Goldberger asks that you contact him at Atterbury Goldberger and Weiss Australian Avenue South Suite West Palm Beach FL Please understand that neither the U.S Attorneys Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation li wev if you do file a claim under U.S.C and Mr Epstein denies that your client is a victim of an enumerated offense please provide notice of that denial to the undersigned Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards ofmyselfand Special Agents Kuyrkendall and Richards for the health and well-being of Ms By cc Jack Goldberger Esq ALEXANDER ACOSTA UNITED ST A TES ATTORNEY A MARIE VILLAFANA ASSISTANT U.S ATTORNEY a a a I a a Case c,0cument Entered on FLSD Doc Page of Department of Justice United Stales Allorney Sau/hem Dislricr of Florida South Australian Ave Suite West Palm Beach FL Facsimile July VIA FACSIMILE Brad Edwards Esq The Law Offices of Brad Edwards Associates LLC Harrison Street Suite Hollywood Florida Re Jeffrey Epstein IDENTIFIED VICTIM Dear Mr Edwards NOTIFICATION OF GOVERNMENT EXHIBIT CASE NO.ll8-8073t-CV-MARRA EXHBIT NO By virtue of this letter the United States Attorneys Office for the Southern District of Florida asks that you provide the following notice to your client On June Jeffrey Epstein hereinafter referred to as Epstein entered a plea of guilty to violations of Florida Statutes Sections felony solicitation of prostitution and procurement of minors to engage in prostitution in the 15th Judicial Circuit in and for Palm Beach County Case Nos and AXMB and was sentenced to a term of twelve months imprisonment to be followed by an additional six months imprisonment followed by twelve months of Community Control I with conditions of community confinement imposed by the Court In light of the entry of the guilty plea and sentence the United States has agreed to defer federal prosecution in favor of this state plea and sentence subject to certain conditions One such condition to which Epstein has agreed is the following Any person who while a minor was a victim of a violation of an offense enumerated in Title United States Code Section will have the same rights to proceed under Section as she would have had if Mr Epstein a a a a a a a I Case ument Entered on FLSD Doc Page of BRAD EDWARDS ESQ NOTIFICATION OF IDENTIFIED VICTIM JULY PAGE20F2 had been tried federally and convicted ofan enumerated offense For purposes of implementing this paragraph the United States shall provide Mr Epsteins attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr Epstein Any judicial authority interpreting this provision including any authority determining which evidentiary burdens if any a plaintiff must meet shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr Epstein been convicted at trial No more no less Through this letter this Office hereby provides Notice that your client is an individual whom the United States was prepared to name as a victim of an enumerated offense Should your client decide to file a claim against Jeffrey Epstein his attorney Jack Goldberger asks that you contact him at Atterbury Goldberger and Weiss Australian Avenue South Suite West Palm Beach FL Please understand that neither the U.S Attorneys Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation however if you do file a claim under S.C and Mr Epstein denies that your client is a victim of an enumerated offense please provide notice of that denial to the undersigned Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well--being of Ms By cc Jack Goldberger Esq ALEXANDER A COST A UNITED ST A TES ATTORNEY ASSISTANT U.S ATTORNEY la a a I a Cape L,c1cument Entered on FLSD Doc,._ Page of Plaintiff vs UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO 08-80811-CIV-ZLOCH/SNOW FILED UNDER SEAL JEFFREY EPSTEIN and SARAH KELLEN Defendants I JUL STEVEN LARIMORE CLERK U.S 01ST CT FF MIAMI DEFENDANTS JEFFREY EPSTEIN AND SARAH KELLENS MOTION FOR STAY This motion is filed under seal because the deferred-prosecution agreement between the United States Attorneys Office by Assistant U.S Attorney Marie Villafana Esq and Mr Epstein discussed herein contains a confidentiality clause OS9 GRAND AVENUE SUITE COCONUT GROVE FLORIDA JIJJ a a a I a Cai;e uocument Entered on FLSD Doc Page of Defendants Jeffrey Epstein and Sarah Kellen respectfully move for a mandatory stay of this action under Title United States Code Section Section and alternatively under this Courts discretionary authority to stay civil litigation based on the existence of a pending federal criminal action Introduction This lawsuit anses from a pending federal criminal action concerning among other things an alleged assault of the plaintiff Jane Doe who according to her complaint on numerous occasions provided massages to Epstein with no credentials to provide massage therapy and was sometimes paid for the sessions Comp i,i A federal statute directly on point provides that when a civil suit alleging damages to a minor victim arises out of the same occurrence as a criminal action the civil suit shall be stayed until the end of all phases of the criminal action U.S.C emphasis added The full text of the mandatory-stay provision reads If at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists a criminal action is pending which arises out of the same occurrence and in which the child is the victim the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited As used in this subsection a criminal action is pending until its final adjudication in the trial court U.S.C Le__wiJLTci.o GRANO AVENUE 5UITE340 COCONUT GROVE FLORJD1 a a I I a Case uocument Entered on FLSD Dockca Page of Accordingly a stay of this case is mandatory until the criminal action arising from the same allegations is no longer pending The Pending Federal Criminal Action In a Florida state grand jury indicted Jeffrey Epstein on allegations similar to those in the instant action State of Florida Jeffrey Epstein Case No CF Fifteenth Judicial Circuit Palm Beach County the Florida Criminal Action Shortly thereafter the United States Attorneys Office for the Southern District of Florida the USAO began a federal grand-jury investigation into allegations arising out of the same incidents alleged in the instant action Grand Jury No WPB United States District Court for the Southern District of Florida the Federal Criminal Action In September the USAO and Mr Epstein entered into a highly unusual and unprecedented deferred-prosecution agreement the Agreement in which the USAO agreed to defer not dismiss or close the Federal Criminal Action on the condition that Mr Epstein continue to comply with numerous obligations the first of which was pleading guilty to certain state charges in the Florida Criminal Action The Agreement itself uses the term deferred rather than dismissed or closed to describe the status of the Federal Criminal Action THEREFORE on the authority of Alexander Acosta United States Attorney for the Southern District of Florida prosecution in this District for these offenses shall be deferred in favor of prosecution by GUND AVENUE SUITE COCONUT GkOVE Fl..OIUDA a a I a a I Case uocument Entered on FLSD Docket Page of the State of Florida provided that Epstein abides by the following conditions and the requirements of this Agreement Agreement at By no stretch did the USAO finalize close complete dismiss or abandon the Federal Criminal Action Indeed as the lead federal prosecutor recently explained the USAO merely agreed to defer federal prosecution in favor of prosecution by the State of Florida See In re Jane Doe Case No 80736-CIV-Marra/Johnson S.D Fla D.E Deel of AUSA Villafana attached hereto as Exhibit A emphasis added Under the Agreement the USAO presently retains the continuing right to indict Mr Epstein or to unseal any already-existing federal charges that may already have been handed up by the federal grand jury and sealed should he breach any of its provisions Agreement at The period of the deferral continues until three months after Mr Epstein completes service of his sentence in the Florida Criminal Action Id Indeed the final three months of the Agreements term constitute an extended period during which the USAO expressly retains the ability to evaluate whether Epstein committed any breaches of his numerous obligations under the agreement while he was serving his state sentence and if it so determines reserves the right to indict LeY CULT.ein ro I GRANO AVENUE SUITE COCONUT GROVE FLOklOA JJ a a I a Case _,cument Entered on FLSD Doci Page of or unseal an existing indictment against Mr Epstein even after he has completed serving his entire state sentence The Agreement further provides that upon Epsteins execution of a plea agreement in the State Criminal Case the Federal Criminal Action will be suspended and all pending grand-jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement Agreement at emphasis added The Agreement directs the USAO and Epstein to maintain their evidence specifically evidence requested by or directly related to the grand jury subpoenas that have been issued and to maintain such evidence inviolate Id emphasis added It also expressly provides that the grand-jury subpoenas continue to remain outstanding until the successful completion of the terms of this agreement Id emphasis added Further it includes a promise not to prosecute movant/defendant Sarah Kellen only if Epstein successfully fulfills all of the terms and conditions of th agreement Id Finally the Agreement provides that the USAOs declination of prosecution for certain enumerated offenses and dismissal of any existing sealed charges will not occur until days following the completion of his state sentence If the United States Attorney should determine based on reliable evidence that during the period of the Agreement Epstein willfully violated any of the conditions of this Agreement then the Lew.ui_T.ei.nn GRAND AVENUE Sum COCONlJT GkOVE fLOklDA a I a a Ca6e u.JCument Entered on FLSD Doci--c:e United States Attorney may within ninety days following the expiration of the term of home confinement discussed below provide Epstein with timely notice specifying the condition of the Agreement that he has violated and shall initiate its prosecution on any offense within sixty days of sic giving notice of the violation Any notice provided to Epstein pursuant to this paragraph shall be provided within days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement After timely fulfilling all the terms and conditions of the Agreement no prosecution for the offenses set out on pages I and of this Agreement nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorneys Office nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District and the charges against Epstein if any will be dismissed Agreement at Page of Consistent with the Agreement and its position that the Federal Criminal Action continues to remain pending the USAO recently sent letters to attorneys for people that the USAO has designated as victims In those letters the USAO asked Ifyou do file a claim under U.S.C and Mr Epstein denies that your client is a victim of an enumerated offense please provide notice of that denial to the undersigned AUSA See Deel of AUSA Villafana Exhs at July The clear implication of the USAOs request by which the USAO appears to involve itself in the instant litigation despite advising the recipients that it cannot take part in or otherwise assist in civil litigation id at is that the USAO believes that such denial might breach the Agreement GRAND AVENUE Som COCONUT GROVE FLOR.JOA a I a a a a Case uocument Entered on FLSD Docke Page of Accordingly the Federal Criminal Action remains pending Discussion I Section Imposes a Mandatory Stay The language of Title United States Code Section is clear and mandatory a parallel civil action shall be stayed until the end of all phases of the criminal action U.S.C emphasis added The word sha/f means that the statutes command is mandatory and not subject to a Courts discretion See e.g Lopez Davis U.S noting Congress use ofa mandatory shall to impose discretion/ess obligations emphasis added Lexecon Inc Mi/berg Weiss Bershad Hynes Lerach U.S explaining that the mandatory shall normally creates an obligation impervious to judicial discretion emphasis added Cf Miller French U.S construing the litigation-stay provision of the Prison Litigation Reform Act holding Through the PLRA Congress clearly intended to make operation of the automatic stay mandatory precluding courts from exercising their equitable powers to enjoin the stay And we conclude that this provision does not violate separation of powers principles emphasis added One District Court within the Eleventh Circuit recently construed the plain language of as requirfing a stay in a case where a parallel criminal action is pending Doe Francis No CV WL Lem.s T.ein GRAND AVENUE SUITE COCONtlT GROVE FLORIDA I a a a a a Case Document Entered on FLSD Docket Page of at N.D Fla Apr Francis If emphasis added Accord Doe Francis No CV WL at N.D Fla Feb Francis staying federal civil action in favor of a criminal case currently pending in state court in Bay County Florida arising from the same facts and involving the same parties as the Instant action noting that the language of U.S.C is clear that a stay is required in a case such as this where a parallel criminal action is pending which arises from the same occurrence involving minor victims emphasis added There is no contrary opinion from any court In detennining that the federal stay provision is mandatory the Francis JI court expressed that there was apparently no case law supporting or even discussing the avoidance of a stay under the command of Francis II WL at Deferring to the statute as written the Francis II court rejected the plaintiffs argument that some of the alleged victims had already reached their majority See id The court similarly rejected the plaintiffs argument that it would be in the victims best interests to avoid a stay so as to counteract the victims ongoing and increasing mental harm due to the frustrating delay in both the criminal case and the civil case Id GUNO AVENUE sum COCON fT GR.OVE FLOR.ID A a a a a I i Case Document Entered on FLSD Docket Page of II Section Applies to Investigations Not Just Indictments While there is no unsealed indicted criminal case against Mr Epstein the governments criminal investigation against him remains open Section clearly applies to stay civil cases during the pendency not only of indicted criminal cases but also of pre-indictment criminal investigations The term criminal action is not expressly defined in It is defined however by a closely related statute Title U.S.C provides a civil remedy for forced labor and sex trafficking violations but stays such actions during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim In enacting Congress The full text of that statute provides Civil remedy a An individual who is a victim of a violation of section or of this chapter may bring a civil action against the perpetrator in an appropriate district court of the United States and may recover damages and reasonable attorneys fees I Any civil action filed under this section shall be I U.S.C stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim In this subsection a criminal action includes investigation and prosecution and is pending until final adjudication in the trial court GRAND A VENUE SUITE COCONITT GllOVE FLORIDA Case Document Entered on FLSD Docket Page of specifically intended that the term criminal action would be applied extremely broadly Accordingly Congress took pains to ensure that courts would give it the broadest possible construction and for that reason speci fled in the definition provision that criminal action also includes investigation u.s.c The only reported decision addressing this provision interpreted it according to its plain language See Ara Khan No CV WL E.D.N.Y June ordering all proceedings in this case stayed pending the conclusion of the governments criminal investigation of the defendants and of any resulting criminal prosecution emphasis added Given that the USAOs Agreement with Epstein indicates that the grand-jurys subpoenas remain outstanding Agreement at the subpoenas are Id in abeyance id the subpoenas are not withdrawn id the parties must maintain their evidence id which would be entirely unnecessary if the investigation against Epstein were closed any existing charges will not be dismissed until after Epstein has timely fulfilled all the terms and conditions of the Agreement id at emphasis added and prosecution in this District shall be deferred id but not closed or dismissed then the only reasonable conclusion is that the Federal Criminal Action remains pending Le_wis..Tein 30Sl GRAND AVENUE SUITE COCONUT GROVE FLDR.IDA a a a a Case Document Entered on FLSD Docket Page of The ordinary meaning of the adjective pending is remaining undecided awaiting decision Blacks Law Dictionary 8th ed See also White Klitzkie 3d 9th Cir relying on Blacks Law Dictionary in the context of a criminal case for the definition of pending as awaiting decision Swartz Meyers F.3d 3d Cir relying on Blacks Law Dictionary for the definition of pending expressly because pending is not defined in the statute Any common-sense reading of the Agreement and the USAOs recent sworn construction of it is consonant with the Federal Criminal Actions remaining undecided and awaiting decision See Unified Gov of Athens-Clarke County Athens Newspapers LLC No S07Gl WL Ga June reviewing a public-records request against Georgias pending investigation exception to its open-records law and holding that a seemingly inactive investigation which has not yet resulted in a prosecution logically remains undecided and is therefore pending until it is concluded and the file closed emphasis added The United States Court of Appeals for the Eleventh Circuit routinely relies on Blacks Law Dictionary for the definition of statutory terms including in criminal cases See e.g United States Young F.3d 11th Cir definitions of criminal complaint and indictment United States Brown F.3d 11th Cir definition of knowingly in criminal statute GP.ANO AVENUE SUITE COCONVTGROVE FLOklDA JJ a I a I Case Document Entered on FLSD Docket Page of I Section Applies Even After a Plaintiff Turns The parallel stay provision in discussed supra at mandates without exception that any civil action brought under that section for violation of prohibiting transportation of minors for prostitution shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim U.S.C I Whether the plaintiff has turned does not vitiate the efficacy of this mandatory stay An example illustrates why the stay provided in has the same broad scope as the stay provided in As discussed above stays any civil suit for injury to a minor arising out of the same occurrence as a pending criminal action One type of civil suit falling within ambit is a suit seeking redress for a violation of U.S.C a Section a just like prohibits transportation of minors for prostitution The elements of both statutes are identical There would simply be no legitimate basis for Congress to differentiate between the consequences attached to violating these two sections Thus just as Congress mandated under that civil discovery shall be stayed when there is an ongoing federal investigation under even after the victim turns the identical treatment should apply under to civil actions brought for the identical violation of a Le __ in r1 GRAND AVENUE SUITE OCOfHJTGROVE Fl.ORJOA a a a a a I a a a I Case Document Entered on FLSD Docket Page of Logic compels a rule requiring continued application of the stay to a putative victim who has since turned Consider again the example of a Assume that the USAO is investigating a a violator with two alleged victims one who is now and one who has turned Assume further that both decide to sue the alleged offender while the USAO is still in the process of conducting its criminal investigation Why would Congress enact to prohibit the defendant from conducting civil discovery in the 17-year-olds lawsuit but permit him to conduct full discovery in the 19-year-olds lawsuit including taking the depositions of both the and the I 7-year-old the federal investigating agents and all the grand-jury witnesses This could not have been Congress intent The legislative history to a statute resembling is also instructive When Congress enacted U.S.C it provided a civil remedy to any minor victim of enumerated federal sex offenses See Child Abuse Victims Rights Act of Pub No Stat In Congress amended the statute to clarify that the civil cause of action was available not just while the victim was a minor but even after she or he turned See Pub Stat A amending to permit suit by adults who were victims of enumerated federal offenses when they were minors by deleting Any minor who is a victim and adding Any person who while a Lewis Teinr1 II II I GRAND AVENUE SUITE OCONlJT GROVE FLORIDA a a a I a I Case Document Entered on FLSD Docket Page of completion of a criminal action See also USC H.R Rep Il Cong 1st Sess reprinted at WL at agency view by the Department of Justice on bill later codified at U.S.C The Department specifically argued to Congress in the clearest terms We believe that prosecutions should take priority over civil redress and that prosecutions should be complete prior to going forward with civil suits Id at emphasis added Nowhere did the Department suggest that pending prosecutions warrant less protection i.e should be hindered simply because a particular civil plaintiff happens to reach his or her 18th birthday IV A Stay is Mandatory Despite Resulting Delay to Civil Lawsuits Inherent in any stay is delay to the progress discovery trial appeal of all related civil lawsuits Congress recognized this in enacting the stay provision which necessarily prioritized the interests of completing a criminal investigation and prosecution over the interests of a particular plaintiff in seeking personal pecuniary damages Based on this reasoning the Francis II court specifically refused to provide any relief to plaintiffs simply because the state criminal matter is not progressing as fast as they would hope The court made this determination despite the plaintiffs complaints about the frustrating delay and that the state criminal case has languished for almost two years with no end Le t,,T in GR.ANO AVENUE Sum COCONUTGILOVE FLORIDA Case Document Entered on FLSD Docket Page of a a I in sight finding that this is a matter to be addressed in state criminal court Id Accordingly the anticipated delay in this case attendant to the term of the deferred-prosecution agreement does not change the clear command of According to her own pleadings the plaintiff waited seven years before filing this lawsuit Comp i,i and so cannot rightfully claim prejudice from additional temporary delay Section Aside a Discretionary Stay is Warranted Even arguendo were this Court not to apply the mandate of a discretionary stay should still be entered during the pendency of the Federal Criminal Action SEC Hea/thsouth Corp Supp 2d N.D Ala No question exists that this court has the power to stay a civil proceeding due to an active parallel criminal investigation Other federal statutes support such a stay particularly when the criminal action may be adversely affected by the civil litigation For example under U.S.C the court shall stay any action commenced against the United States if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or prosecution of a related criminal case Allowing this lawsuit to progress while Epstein remains subject to the Federal Criminal Action will prejudice him irrevocably and irreparably As Lewjs__Tein GllAND AVDIUE SUITE COCONUT GROVE FLOIUDA a a I a a a I Case Document Entered on FLSD Docket Page of provided below there are several adverse effects to allowing this case to proceed while the Federal Criminal Action remains pending In this lawsuit Epstein has a right to defend himself In the Federal Criminal Action Epstein has a right against self-incrimination Without a stay Epstein will be immediately forced to abandon one of these rights Should he choose his Fifth Amendment rights he will expose himself to an adverse inference at the summary-judgment stage and at trial See generally Wehling Columbia Broad Sys F.2d 5th Cir observing that invocation of the privilege would be subject to the drawing of an adverse inference by the trier of fact On the other hand should Epstein choose his right to defend himself in this lawsuit the USAO will be able to use his responses at every stage of the discovery and trial process e.g his Answer responses to document requests responses to requests for admissions sworn answers to interrogatories answers to deposition questions and trial testimony to his detriment in the Federal Criminal Action The privilege applies in instances where the witness has reasonable cause to apprehend danger of criminal liability Hoffman United States U.S This could give the USAO a tremendous advantage in prosecuting Epstein in the Federal Criminal Action See Comment Using Equitable Powers to Coordinate Parallel Civil and Criminal Actions Harv Rev observing that the prosecutor may have access to detailed civil depositions of the accused witnesses while the rules of criminal procedure bar the accused from deposing the prosecutors witnesses Le.wis..Tein GRAND AVENUE SUITE COCONUT GROVE FLORIDA a I a i Case Document Entered on FLSD Docket Page of In this lawsuit even before civil discovery begins under the Initial Disclosures required by Fed Civ and S.D Fla Local Rule Epstein must disclose the identities of all the witnesses he would call in his defense to the Federal Criminal Action Rule a I A i copies of all documents he may use to support his defenses Rule a I A ii as well as the identity of any expert witness he may use at trial along with mandatory disclosure of a written report containing a complete statement of all opinions the expert will express and the basis and reasons for them Rule a A and i In contrast in the pending Federal Criminal Action which is governed exclusively by the Federal Rules of Criminal Procedure the USAO would not be entitled to compel pre-trial production of any of this information See Fed Cr A and United States Argomaniz F.2d I Ith Cir explaining act-of-production privilege Thus absent a stay of this civil action the USAO would receive fundamentally unfair access to defense information and highly prejudicial advance insight into criminal defense strategy See Comment Harv Rev at To the extent that a prosecutor acquires evidence that was elicited from the accused in a parallel civil proceeding the criminal process becomes less adversarial JOS9 GR.ANO AVENUE Sum COCONUTGkOVE FLORIDA a Case Document Entered on FLSD Docket Page of Without a stay place discovery will proceed including against third parties Mr Epstein will have no alternative but to issue subpoenas seeking evidence from state and federal law-enforcement officers For example Epstein is clearly entitled to discover evidence of prior statements including inconsistent statements given by witnesses whom law-enforcement has previously interviewed See e.g Cox Treadway F.3d 6th Cir holding that district court properly admitted testimony of prosecutor about prior inconsistent statements that witness made to the prosecutor Likewise Epstein may be entitled to discovery of relevant evidence that is in the present possession of the grand jury or other law enforcement agencies See e.g Simpson Hines Supp E.D Tex The grand jury has concluded its deliberations The need for secrecy of these specific tapes no longer outweighs other concerns Golden Quality Ice Cream Co Inc Deerfield Specialty Papers Inc F.R.D E.D Pa Where as here the grand jury has completed its work and all that is sought are those documents turned over to the grand jury by the corporations which are defendants in the civil case the considerations militating against disclosure are beside the point citing Douglas Oil Co of Calif Petrol Stops Nw U.S In response to such third-party subpoenas to law-enforcement witnesses we anticipate that it will be the government not Mr Epstein who will object to LewJ.a Tein GR.ANO AVENUE SUITE COCON JTGROVE FLOIUDA a a a a a I a a I Case Document Entered on FLSD Docket Page of discovery in this civil case until the final conclusion of the Federal Criminal Action Conclusion Because this lawsuit arises from the same allegations as the Federal Criminal Action this Court should stay this lawsuit until that action is no longer pending By Respectfully submitted LEWIS TEIN P.L Grand Avenue Suite Coconut Grove Florida I Tel I I EWIS Fla Bar No lewis lewistein.com MICHAEL TEIN Fla Bar No tein lewistein.com A TIERBUR GOLDBERGER WEISS P.A Australian Avenue South Suite West Palm Beach Florida I Tel Fax By Jack A Goldberger Fla Bar No jgoldberger agwpa.com Attorneys for Defendant Jeffrey Epstein Ga.AND AVENUE SUITE COC:ONUTGR.OVE FLOR.JOA a a a a a I a a Case Document Entered on FLSD Docket Page of EXHIBIT A a I a a Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of UNITED ST ATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No 08-80736-Civ-Marra/Johnson FILED by D.C IN RE JANE DOE JUL Petitioner STIVrN lARIMOR CLERIC DIST ct S.D Of I DECLARATION OF A MARIE VILLAFANA IN SUPPORT OF UNITED ST ATES RESPONSE TO VICTIMS EMERGENCY I I I a Case Document Entered on FLSD Oocke Page of Case Document Entered on FLSD Docket Page of am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein The case was investigated by the Federal Bureau of Investigation FBI The federal investigation was initiated in at the request of the Palm Beach Police Department PBPD into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution amongst other offenses Throughoutthe investigation when a victim was identified victim notification letters were provided to her both from your Affiant and from the FBls Victim-Witness Specialist Attached hereto are copies of the letters provided to Bradley Edwards three clients and Your Affiants letter to was provided by the FBI Ell Your Affiants letter to-was hand-delivered by myself to at the time thatShe was interviewed Ex Both and also received letters from the FBls Victim Witness Specialist which were sent on January Exs was identified via the FBls investigation in but she initially refused to speak with investigators status as a victim of a federal offense was confirmed when she was interviewed by Attorney Edwards filed his Motion on behalf of"Jane Doe without identifying which of his clients is the purported victim Accordingly will address facts related and All three of those clients were victims of Jeffrey Epsteins while they were minors beginning when they were fifteen years old Please not that the dates on the U.S Attorneys Office letters to and are not the dates that the letters were actually delivered Letters to all known victims were prepared early in lhe investigation and delivered as each victim was contacted LI ase Document Entered on FLSD Docket Page of a a a I Case Document Entered on FLSD Docket Page of federal agents on May The FBls Victim-Witness Specialist sent a letter to on May Ex Throughout the investigation the FBI agents the FBls Victim-Witness Specialist and your Affiant had contact with and Attorney Edwards other client was represented by counsel and accordingly all contact with-was made through that attorney That attorney was James Eisenberg and his fees were paid by Jeffrey Epstein the target of the investigation In the summer of Mr Epstein and the U.S Attorneys Office for the Southern District of Florida 267the Office entered into negotiations to resolve the investigation At that time Mr Epstein had been charged by the State of Florida with solicitation of prostitution in violation of Florida Statutes Mr Epsteins attorneys sought a global resolution of the matter The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida so long as certain basic preconditions were met One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited Thus one condition of that agreement notice of which was provided to the victims on July is the following Any pers who while a minor was a victim of a violation of an offense enumerated in Title United States Code Section will have the same rights to proceed under Section as she would have had if Mr Epstein The undersigned does not know when Mr Edwards began representing or whether ever fonnally tenninated Mr Eisenbergs representation a a Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of had been tried federully and convicted of an enumerated offense For purposes ofimplem nling this paragraph the United Stales shall provide Mr Epsteins attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr Epstein Any judicial authority interpreting this provision including any authority detennining which evidentiary burdens if any a plaintiff must meet shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr Epstein been convicted at trial No more no less An agreement was reached in September The Agreement contained an express confidentiality provision Although individual victims were not consulted regarding the agreement several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter At the time the agreement was signed in September was openly hostile to the prosecution of Epstein The FBI attempted to interview in October at which time she refused to provide any infonnation regarding Jeffrey Epstein None of Attorney Edwards clients had expressed a desire to be consulted prior to the resolution of the federal investigation As explained above one of the lenns of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims In October shortly after the agreement was signed four victims were contacted and these provisions were discussed One of those victims wasal.vho at the time was not represented and she was given notice of the agreement Notice was also provided of an expected change of pJea in October When Epsteins attorneys learned that some of the victims had been a a a a a a I Case Case Document Document Entered on FLSD Docket Page of Entered on FLSD Docket Page of notified they complained that the victims were receiving an incentive to overstate their involvement with Mr Epstein in order to increase their damages claims While your Affiant knew that the victims statements had been taken and corroborated with independent evidence well before they were infonned of the potential for damages the agents and I concluded that informing additional victims could compromise the witnesses credibilit at trial if Epstein reneged on the agreement Afier had been notified of the terms of the agreement but before Epstein performed his obligations,_ contacted the FBI because Epsteins counsel was attempting to take her deposition and private investigators were harassing her Your Affiant secured pro bono counsel to represent and several other identified victims Pro bono counsel was able to assist in avoiding the improper deposition That pro bono counsel did not express to your Affiant that-was dissatisfied with the resolution of the matter I In mid-June Attorney Edwards contacted your Affiant to infonn me that he represented and and asked to meet to provide me with information regarding Epstein I invited Attorney Edwards to send to me any information that he wanted me to consider Nothing was provided I also advised Attorney Edwards that he should consider contacting the State Attorneys Office ifhe so wished I understand that no contact with that office was made Attorney Edwards had alluded to so advised him that to my knowledge was still represented by Attorney James Eisenberg a a a a a a I a i Case Case Document Document Entered on FLSD Docket Page of Entered on FLSD Docket Page of On Friday June at approximate p.m your Alliant received a copy or the proposed state plea agreement and learned that the plea was scheduled for a.m Monday lune Your A rfiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epsteins counsel had gi en us Although all known victims were not notified your Alliant specifically called attorney Edwards to provide notice to his clients regarding the hearing Your Arfiant believes that it was during this conversation that Attorney Edwards notified me that he represente and I assumed that he would pass on the notice to her as well Attorney Edwards informed your A ffiant that he could not attend but that someone would be present at the hearing Your Arfiant attended lhe hearing but none or Attorney Edwards clients was present On todays date your Affiant provided the attached victim notifications to and via their attorney Bradley Edwards Exs A notification was not provided to because the U.S Attorneys modification limited Epsteins liability to victims whom the United States was prepared to name in an indictment In light prior statements to law enforcement your Arfiant could not in good raith includ as a victim in an indictment and accordingly could not include her in the list provided to Epsteins counsel Furthermore with respect to the Certification ofEm ency Attorney Edwards did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition On the afternoon of July after your Affiant had Case Document Document Entered on FLSD Docke Page of a I a Case Entered on FLSD Docket Page of already received the Certification of Emergency and Emergency Petition I received a let1er from Attorney Edwards that had been sent via Certified Mail on July While that letter urges the Attorney General and the United States Attom1..-y to consider vigorous enforcement of federal laws with respect to Jeffrey Epstein it contains no demand for the relief requested in the Emergency Petition I declare under penalty of perjury pursuant to U.S.C that the foregoing is true and correct to the best of my knowledge and belief Executed this 9ft7 day of July a I Case Ducument Case Document Entered on FLSD Docke Page of Entered on FLSD Docket i U.S Department of Justice United States Allorney Southern District of rlonda Soulh Awstralian Ave Suihi Wert Palm ncl Fl J6 Focs1mile 8Z June Re Crime Victims anct WiIncs;-;cs Rights Dear Miss Pursuant the Justice for All Act of as a victim and/or witness of a federal offense you have a number uf rights Those nghts arc I The right to be reasonably protected from the accused The right to reasonable accurate and timely notice of any public court proceeding involving the crime or of any release or escape of the accused The right not to be excluded from any public court proceeding unless the court dctcnrnncs that your testimony may be materially altered if you are present for other portions of a proceeding The ni;ht to be reasonably heard at any public proceeding the district court involving rclea.o;;c pica or sentencmg The reasonable right to confer with the allomcy for the United States the case The right to full and timely restitution as provided in law The right lo proceedings free from unreasonable delay The right to be treated with fairness and with respect for the victims dignity and privacy fi Members of t.1e U.S Department of Justice and other federal investagative agencies including the Federal Bureau of Investigation must use their best etTons to make sure that these rights arc protected If you have any concerns in this regard please feel free to contact me at or Special Agent Nesbitt Kuyrkcndall from 267the Federal Bureau of Investigation at You also can contact the Justice Departments Ollice for Victims of Crime Washington D.C at That Office has a website at w.ovc.gov You can seek rhe advice of an attorney with rcspecl to the righlS listed above and if you believe that the 1ights forth above arc being violated you have the right to petition the Court for rehe Case Document Entered on FLSD Docket Page of a ll a a a I a a Case Document MISS JIJNE P._GF Entered on FLSD Docket Page of In addition to these righls you are entitled to counseling and medical services and protection from intimidation and harassment If lhe Court determines that you arc a victim you also may be entitled to restitution from the perpetrator A list of counseling an medical service providers can be provided ro you if you so desire If you or your fam,ly is subjected lo any intimidation or h1rassment please contact Special Agent Kuyrkendall or myself immediately It is possible that someone working on behalf of the targets of the investigallo11 may contact you Such contact docs not v1ols-.rbe laW However if you arc contacted you have the choice of speaking to that person or refusing to"do so f.f you refuse and feel that you are being threatened or harassed then please contact Special Agent Kuyrkcndall or myself You also arc entitled to notification of upcoming case events At this time your case is under 1rivest1gat1on.l If anyone is charged in connection with the investigation you w1II be notified By cc Special Agent Nesbitt Kuyrkendall Sincerely Alexander Acosta United States Attorney Jla QAP A Marie Yillafaiia Assistant United States Attorney a a a a Case Document Entered on FLSD Dock Page of Case Document Entered on FLSD Docket U.S Department of Justice Re United SIies Attorney Southern District of FloruJn South A1 tra/1un Ye w,ll West Palm Beach FL JJ4UI l61J Fa 267sim1I August Crime Victims and Witnesses Rig Dear Miss Pursuanl to lhe Justice for All Act of as a victim and/or witness of a fedcrnl offen you have number of nghts Those nghls are I The right to be reasonably prolectcd from lhe accused The right to reasonable accurate and timely notice of any public court proceeding involvi:1i the crime or of any release or escape of the accused The right not to be excluded from any public couJ1 proceeding unless the court determ 267nes that your testimony may be materially altered if you arc present for other porlions of a proceeding The right to be reasonably heard at any public proceeding in the district court involving release plea or sentencing The re,.sonablc right to confer with the anomey for the United States in the case The right lo foll and limely restitution as provided law The nghl to proceedings free from unreasonable delay The rig.ht to be treated with fairness and with respect for the victims dignity and pnvacy Members of the U.S Department of Justice and other federal investigative agencies including the Federal Bureau of Investigation must use their best efforts make sure that these rights are protected If you have any concerns in this regard please feel free to contact me al or Special Agent Nesbitt Kuyrkendall fro the Federal Bureau of Investigation at You also can contact the Justice Departments Office for Victims of Crime in Waslungton D.C at That Office has a website at w.ovc.gov You can seek the advice of an allomey with respect to the righl listed above and if you believe that the rights et forth above arc being violated you have the right to petition the Court for relief I a a I a a a Case Document Entered on FLSD Docke Page of Case Document Entered on FLSD Docket Page of MIS AlK;usT PAG ln addition lo these rights you arc entitled to counseling and medical services and from intimidation and harassment lflhe Coun delermines Iha you are a victim you entitled to res1i1u1ion from the perpetrator A list of counseling and medical service be provided to you 1f you so desire If you or your family 1s subjecled lo any inlJ harassment please cor,lact Special Agent Kuyrkendall or myself immediately It is someone working on behalf of the targets of the investigation may contact you Such violate lhe law However if you are contacted you have lhe choice of speaking to or refusing lo do so If you refuse and feel that you are being lhreatened or harassed contact Special Agent Kuyrkendall or myself You also are emit led to notification of upcoming case events At this time you1 investigation If anyone is charged in connection with the investigation you will he By cc Special Agent Nesbiu Kuyrkendall l.B Sincerely Ale.ander Acosta United Stales Altomey fl6dJ,n A Marie Villafa/la Assistant United Stales A omcy i i a a I I Case Document Case 9-KAM _Document January Re Case Numl lr Dear Entered on FLSD Dockt Page of Entered on FLSD Docket Pa!Jeol U.S Depat11Mnt of Jusllc Federal IJM ol lnvesligodon FBI Wost Palm Bead lihl Soulh Flagler Drive Pllm Booch FL Phone Fu nu ceH la ourT nlly und lnYOlglon Thia can be 1engty p,o ond we request your con11nu1d pelierioe wMle wo oonduct tl1orough ln-1gallon_ As a crime vledm you hoYII Iha follC Wlng rights und Untied Cc,d The ritlhl ID bo ably protactod from Iha aceuood Th ri!lhl lo rouonablo rota and llrJloty nolloe of any publlc court pruc11dlng Of any parole proceeding lrwoMr,g he alme or Of any T8kntse or ncape of the ilOC lod Tht 11ghl notto be axcludod from any 1uoh public oourt pr,c udlng uni lhe oourt ofter rooei.,;ny dear ond oonvtndng Oldonoe that _Y by Iha vlollm kl be mau olly 8red tno llietim heard testimony ot plQCMding The 11ghl to be 225Illy an at any public procNdlng In district oourl lnvoMng rolHIO plea Hfllendng any plIX:Hdlny The right ID con will lht m9y fo hi Govemment In the fl Tht right ID tun and timely as provtdod In ltw Tho rllJhl ID pnx:aedtngl lrN llom unreaoneble delay I The righC lo be troalacl wtlh-.Ss and with raapeca or Iha 1oams dignity and privacy Wo wll mau our bff1 effort ID onlUl9 rtgtu da1cr1bed ol i1,ua rights p-ln oc:cumng ol or th llrrNI or of ln IMduat far Iha cnmo tnd a Wit UNI resi,onslbillty of Iha p,ooacutlng Unllod in.t.1 At1Dmq1 Offlea ID you ICCDldad II You may allO seek lhe odvlct1 or attomay wtlh rospect ID rlghll Tho VICllrn Notllic:IOn Syt8m VNS ii designed to pn,vide you direct rapdlng tho CN11 through the criminal cyscam You may oblaln curTent lnformetton this an the lnlemel Ill W.No11fY.USDOJ.GOV or from lhl VN8 CIA Cen1 at YOU TDDTY In addldon you mayun Ille CII Center to oantacl infO!Tnltion oha,ge JOII decision in the notifocadon program II you yaur lndudo inlormat!on to lhal You wtl lallowtllg cllm ldeilci1lan Numba VIN Id N-ber PIN ny11 you Iha call lrwt time OU log on ID VNS on Ille lnta"91 In addlon tho amo Ille INS you will be proml!I_ to your IH1 name bu1ino11 a1 curronUy contained in INS TIit you llhoulcl enter I Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page II yau addlClonal quN1ianl which lnvo1 thla matter pie mnlacl Ille offlce listed obove Wllon IOU cal pteue p,vvlde Ille mo number lomtecl at the lop ol _,ber l/OIM participation 1n the noltflcatian par1 of thia program ii vatu,tary In order to_ conttnue to rece1Y1 natfflcatioN it I yc11 nuponslbnny to keep your contact lnfom,don currenL Sincerely TwHerSmlth Victim Speciali1t I Case Ducument Case Document January James l:lsenberg Ono Cle ortak Center Sia Au1 1H1n S0 Wes1 Palm Fl Ro Dear James E!Nnbarg Entered on FLSD Docke Page of Entered on FLSD Docket Page Of U.S Depa of Jus Fldoral llurNU of lmlestlgllflon FBI West Beach sun SOS South Flagler Driw Weal Palm Buch FL Phone fax You hove requ stlld lo l908Iva noll1 Ca1lonl JIii Tllil la curron under lnvHlig on This can be a lengthy pro011as and we request your continued panlenca while we condu I a thorough 1nv11tlgallon c:nmo vtclfm you twve llre followlnv rl;hl8 under Unllacl StalM Cada 3TT1 The right to be reasonably p""8Cl8d fDm tha_ llCCUlld The right lo rea10nabl accurwie and llmely nollce ol any public oourt pn,cs or any p,oceedlng lnllOMng Iha crime ar of any or ollQlpe of llre accused The rtghl not lo be axdudld from any ouch pUIIHc CIHll edtng unlesa the coul1 ottar racaiving cle11 and convlncw,g IVldence rlelarmlneo llrlt teollmony by lhe vtcllm Id be tlterld If Ille vk:lim hHIG lestmony et flat p,oceecllng I The right lo be 19a1Cn1bly rd at any public proceeding In Iha diotrlcl cou11 lnvolvlng rale Hnlendng or any parcla proceodlng The rsuonable right lo conf wflh Iha for Iha Govammant in Iha case II The right lo full and t!moly rMtilution p,ovtded In law The r1gt,I lo P""Ndlngo lreo from unreuonoblo dolay Bl The right to be treated w1r laima and wl raapect for lhe victlmI dlgnl and privacy Wa wl our bffl ID anou you accorded Iha rtghla delCriberl Most or these nghlS pllflein lo occurring Illar Iha or lndlclment of an lndMdull for ttw c:rime and wl become tho roaponllbly of1 prooecuttng United Slalaa Attamaya Oftlce ro enaura you accorded those rights You may alao affk tho advloa of a pm,rota allomoy wtlh respect IO the rights The V1ctlm NotllcellOn Syltllrn VNS it duignad to provide you wtth dfn,d regarding Iha ca,e as proceadl IIVougl1 the criminal Ju aysl8m You may obtain CUffl lnfonnallon about lhla mattar on lhe lnlamel at W.Notlfy.USDOJ.GOV or from Iha VNS Call Center al DOJ-4YOU TDDIITI pntemational In addiUon you may use the Cal Center or lntenwl lo uPdla yo conta lnform1Dn 1nG/or ehange your rlecbloo abou1 pll11dpall0n in the II you updl your inloffllatlon to Include a current emal ad VN WIii send information to that lddlWA You wll naod tho followlng Victim ldenllficatlon Number I Personal ldentfflca1ton Number you contoct tho Call Center and Iha firot time you tog on to VNS the lntameL In addttion thl n,.t tim1 DU Iha VNS Internet you win b1 prompted to emer your lmt name or bu1ineu name currently conle.ined in VNS The name you should enter i1 E51nberg a a a a a Case uocument Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page lf If you haw quMtiona Whld lnvole 1s matter oonlac:t he offioe 1bov1 When you c:aft provtde ttie flle number located at the top of this letter Pleaae remember your partlcipabon lhe notlatlon pa ol program II volunwy In order to conue rec:er,e no1callons tt II your reoponslbly to keep your contact Information current Sincerely T-rSmith Victim Specialist a a a a I a a Case Case I.lay Re Deer uucument Document Entered on FLSD Dock Entered on FLSD Docket Sf U.S DoparlnMnC of Jusllc Federet BURNIU of tnvestlgltion FBI WOl1 Palm Beach SUiia South Flagler Drive Wnl Palm Beech FL Phone Fu Your name we roftrred to Int FBls Victim AHlnce Program II being I possible victim of a federel crime We appreciate your and cooper1Uon whffe we ere Investigating this case We would il to you aware of th victim 1ervtc.11h1t may be to you and lo answer any questions you may have r91ie1ding the criminal justice proc1 lhmugt,c,ut the lnve1tig1tion Our p,ogram i pert of the FBls effort Ir ensure the lictims treated with respect and are provided information about their rtghll under federal law These Include notification of Ille stalUI ol the casa The enctoled brochures provide lnlotm1tion about u,e FBI Victim Assistanee Program re1ource:s and inatrucUon1 for the Vlc11m Notification System rvNS VNS i1 designed to provide you with intom,ation regarding the stall.II of your case This case Is c1.11T1ntl under lnveltigeUon Thia can be lenglhy end we requnt your contim.1ed patienc:a whlle wt conduct thorough inve1tigation Al a crlmt vic!lm you lh lollowlng right unde United S1atn Code The right lo be roasonably prot.octed from thl accused The right to 1escnable and tmely notice of any public coun proceeding or any perolt p-dlng invoMng the crime or ol any or escape of the ac:,;used The llghl not to be excluded from any such 1Nblic coon proceeding unless Iha court alter receiving and comincing evidence that testimony by the vlctim woukS be materially 225red If Ille v1c1Jm heald Dlher le1timony el lhll 253-ading The ngl lo be reasonably heard public p,oceedlng in the district court Involving 225INH plea 1entenclng or any pan,le pro eelling IS The reasonable right to conter with the altom fOf the in th1 cae The right to fUJI and timely restitution provided law The right to proceeGings free from lffll"Nlartable delay I The right lo be treated with fairness and with respecl to the Vietlm1 dlgnil I 1d pltvacy We wMI make our bell tlfortl to 1uro you 1:mrdld the rights desc:ribecl Most of these rights pertain to events occurring after the or indictment uf an ndlvidual for uime it WIU become the respcnslbly of the plOHCUling Unllad Bltel Aftomoys Offlct la ansure yw an accorded th r1ghls You may ink MtviA or I attom with respect to 1hoM rlghtl The VIC!im Notifalion System VNS Is dtaignaG lo PfOvide you wlt dill!CI information regarding the case as i1 foceeds through the justtce system You may obtain CL,WqOt information about tills on the lntemel I W.Notlfy.USDOJ.GOV or fn Ille VNS Cell Ce,_ el TOO/TTY ln1emoti01i,I In addition you may use lhe can Conter or lntomel IO updll your conlaC1 lnformlon chengt your decision OIIOUI llc:lpelion in Ille notification program 1f you your Information lo lndude I CUCTent address VNS will nnd informabon to thal addri!H You wlft nm.Jtl following Vidwn ldendf.:.ation NurnMr VIN ldonllfle1Uon Number PIN anytime you con1ae1 the CI Centar and the flrst lime you log or lo VNS on tho lntemol In addnion the flrsl time you acceu Iha VNS lnlemel stte you wUI be prompted IO ante JOUI last name or bu 225iness name cu,rentJy contained in VNS The name you should enter i Page of a a a a a a a a a I Case uocument Document Entered on FLSD DocKet Page of CaseU9:08 Entered on FLSD Docket Page17 Jf II you have addlUonal quosllons Which lnvolVe lhls matter plelH conlacl Ille office led above Mien you caU pie provide the ffle nUfflNr located at the top of this fetter Please remember your participation in Ille notmcation part ol lhis pro;,am va4unta/y In onler to conllnue to receiVe notlftcatlons Is your respons1blty keep your conlKC information currwnL Slnoe"ly wilar Smith Vii;tim Specialisl TOTI P.B a a a a a a I Case Document Case Document Entered on FLSD Docket Page of Entered on FLSD Docket PaQe of L.S Department of Justice United Slates Allorney Southern District of Florida Soulh Aus1ralian Ave Suue West Palm Beach FL facsimile July VIA FACSIMILE Brad Edwards Esq The Law Offices of Brad Edwards Associates LLC Harrison Street Suite Hollywood Florida Re Jeffrey NOTIFICATION OF IDENTIFIED VICTIM Dear Mr Edwards GOVEANIEff 80736-CV-MARRA EXHIBIT NO By virtue of this letter the United States Allomeys Office for the Southern District of Florida asks that you provide the following notice to your clien On June Jeffrey Epstein hereinafter referred lo as Epstein entered a plea of guilty to violations of Florida Statutes Sections felony solicitation of prostitution and procurement of minors lo engage in prostitution in the 15th Judicial Circuit in and for Palm Beach County Case Nos and AXMB and was sentenced to a term of twelve months imprisonment lo be followed by an additional six months imprisonment followed by twelve months of Community Control I with conditions of community confinement imposed by the Court In light of the entry of the guilty plea and sentence the United States has agreed to defer federal prosf,cution in favor of this state plea and sentence subject to certain conditions One such condition lo which Epstein has agreed is the following Any person who while a minor was a victim of a violation of an offense enumerated in Title United Stales Code Section will have the same rights to proceed under Section as she would have had if Mr Epstein a a a I a i case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of IIRAD EDWARDS ESQ NOTIHCA flON OF tDENTIFIF.I v,crn lJI.Y PAGE or had been tried federally and convicted ofan enumerated offense For purposes of implementing this paragraph the United States shall provide Mr Epsteins attorneys with a list of individuals whom it was prepared to name in an Indictment as victims ofan enumerated offense by Mr Epstein Any judicial authority interpreting this provision including any authority determining which evidentiary burdens if any a plaintiff must meet shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr Epstein been convicted at trial No more no less Through this Jetter this Office hereby provides Notice that your client is an individual whom the United States was prepared to name as a victim of an enumerated offense Should your client decide to file a claim against Jeffrey Epstein his attorney Jack Goldberger asks that you contact him at Atterbury Goldberger and Weiss Australian Avenue South Suite I West Palm Beach FL I Please understand that neither the U.S Attorneys Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation ti wev i you do file a claim under I U.S.C and Mr Epstein denies that your client is a victim of an enumerated offense please provide notice of that denial to the undersigned Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms Ilia By cc Jack Goldberger Esq ALEXANDER ACOSTA UNITED STATES ATTORNEY A MARIE VIL ASSISTANT U.S ATTORNEY a a a a a a I a a I Case uocument Entered on FLSD DocKd Page of Case Document Entered on FLSD Docket Page of ll.S Department of Justice QOYER EXHIBrr CASE ND.l-10731-CV-MARRA United S1a1es Auorney Sourhern Dislricr of Florida rr South Australian Ave Su;te West Palm Beach Fl Fac1imi/e July VIA FACSIMILE Brad Edwards Esq The Law Offices of Brad Edwards Associates LLC Harrison Street Suite Hollywood Florida Re Jeffrey Epstein IDENTIFIED VICTIM Dear Mr Edwards NOTIFICATION OF By virtue of this letter the United States Attorneys Office for the Southern District of Florida asks that you provide the following notice to your client __ On June Jeffrey Epstein hereinafter referred to as Epstein entered a plea of guilty to violations of Florida Statutes Sections felony solicitation of prostitution and procurement of minors to engage in prostitution in the 15th Judicial Circuit in and for Palm Beach County Case Nos and AXMB and was sentenced lo a tenn of twelve months imprisonment to be followed by an additional six months imprisonment followed by twelve months of Community Control I wilh conditions of community confinement imposed by the Court In light of the entry oflhe guilty plea and sentence the United States has agreed to defer federal prosecution in favor of this stale plea and sentence subject lo certain conditions One such condition to which Epstein has agreed is the following Any person who while a minor was a victim of a violation of an offense enumerated in Title United States Code Section will have the same rights proceed under Section as she would have had if Mr Epstein a a a a a a I a a Case Document Entered on FLSD Docket Page of Case Document Entered on FLSD Docket Page of HRAD EDWARDS ESQ NOTlflCA TION OF IDENTIFIED VICTI JULY PAGE OF I had been tried federally and convicted of an enumerated offense For purposes of implementing this paragraph the United States shall provide Mr Epsteins attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr Epstein Any judicial authority interpreting this provision including any authority determining which evidentiary burdens if any a plaintiff must meet shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr Epstein been convicted at trial No more no less Through this letter this Office hereby provides Notice that your client is an individual whom the United Stales was prepared to name as a victim of an enumerated offense Should your client decide to file a claim against Jeffrey Epstein his attorney Jack Goldberger asks that you contact him at Atterbury Goldberger and Weiss Australian Avenue South Suite West Palm Beach FL I I Please understand that neither the U.S Attorneys Office nor the Federal aureau of Investigation can take part in or otherwise assist in civil litigation however if you do file a claim under U.S.C and Mr Epstein denies that your client is a victim of an enumerated offense please provide notice of that denial to the undersigned Please thank your client for all of her assistance during the course of this examination and e"press the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms By cc Jack Goldberger Esq ALEXANDER ACOSTA UNITED STATES ATTORNEY ASSISTANT U.S ATTORNEY I I I a I a a IN THE CIRCUIT COURT OF THE SECOND JUDICIAL IN AND FOR LEON COUNTY FLORIDA FLORIDA SUGAR CANE LEAGUE INC Plaintiff vs FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION Defendant case Number ORDER This cause is before the Court on the Complaint of the Florida sugar cane League Inc League The League seeks an order requiring a state agency the Florida Department of Environmental Regulation DER to release certain documents under its custody and control pursuant to the Florida Public Records Act Chapter Florida Statutes The facts in this case are as follows DER is a Defendant in the case styled United States South Florida Water Management District et al case No Hoeveler United States District Court Southern District of Florida U.S SFWMD DER as a Defendant in that case entered into settlement negotiations with the plaintiff as represented by the United States Department of Justice DOJ During the negotiations drafts of proposed settlement agreements and other information relating to the settlement proposal were made sent or received by DER to and from federal agencies and representatives including DOJ DER also entered into an agreement with DOJ to keep all documents it received during the settlement egotiations confidential __ I I a 0R1s17rro ss On May the League made a public records request for a draft of the settlement Agreement which the Secretary of DER had publicly stated as having been received by DER On May DER responded to the Leagues request by refusing to disclose the requested document claiming the document was privileged and immune to discovery on May the League filed this action pursuant to Chapter Florida Statutes A hearing was originally scheduled before this Court for June but DER removed the case to federal district court where it was ultimately transferred to the Southern District of Florida The League filed a Motion to Quash DERs Notice of Removal which motion was argued before Judge William Hoeveler on July and was granted on September The federal court held that there was no federal jurisdiction over the matter as the Leagues claim arises purely under state law and Judge Hoeveler remanded the case back to this Court A hearing was held before this Court on September Attorneys for the parties appeared and argued their respective positions DOJ also appeared pursuant to title United states Codes section to argue in support of DER and to advise the Court of the United states asserted interest in keeping the documents from public disclosure DER asserts that Florida I Public Records Act is 267not applicable in this matter because it has been preempted by federal immunities and privileges DER further claims that it has contractually vowed to the United States to withhold requested documents under the confidentiality agreement a a a I a a I OR1S17 into which it entered with DOJ and that DER is acting as DOJs agent in withholding the documents from public disclosure This court rejects these arguments Floridas public records law is sweeping in its breadth and requires virtua1ly unfettered public access to records in the custody of state agencies Unless a statutorily provided exemption permits nondisclosure of public records Florida law requires that all such records in the custody of state agencies be open and available for public inspection The parties agreed that there is no statutory exemption in the Florida Public Records Act which would prevent disclosure of public records received by state agencies during settlement negotiations in u.s SFWMD including the records sought by the League in this case DER has cited no applicable statutory exemption in the Florida Public Records Act and the judiciary is without any authority to expand or create an exemption to Floridas public records law Wait Florida Power Light Co So 2d Fla Times Publishing co city of st Petersburg So 2d Fla 2d DCA Principles of federal preemption under the Supremacy Clause may in limited circumstances act to prevent application of Floridas public records law where there is a clear conflict with an express requirement of confidentiality provided in a federal statute See Cummer Pace So 2d Fla see generally pp Floridas Government-in-the-Sunshine Manual Office of the Attorney General In this case although DER claims preemption under federal law of privileges and a a a a a I a I a J..Sl immunities it has cited no specific federal statute which clearly requires that the documents in question be kept confidential DER also relies on DOJs assertion that the documents would not be discoverable from DOJ in the pending case and that documents are exempt from disclosure by DOJ under FOIA Even assuming that were true it is irrelevant to the application of Floridas public records law to documents in the custody of Floridas state agencies As stated by Judge Hoeveler in remanding this action Thus while FOIA may provide an independent cause of action insofar as the document dispute is also in the custody of a federal agency the Department of Justice it cannot be said to displace and supplant a state statute directed at state agencies and state records Hoeveler Order at DERs reliance on its confidentiality agreement with DOJ is equally misplaced A state agency cannot bargain away its Public Records Act duties or create a self-exemption with a promise to third parties to keep records from disclosure to the public Tribune Co Hardee Memorial Hospital Case No Tenth Judicial Circuit in and for Hardee County Florida Browning Walton So 2d Fla 4th DCA THEREFORE it is hereby ORDERED and ADJUDGED that See also Settlement agreements made or received at any time by DER in connection with U.S SFWMD are hereby declared to be public records subject to disclosure under the PUblic Records Act Chapter Florida Statutes The Federal Freedom of Information Act title United States Code section does not preempt Chapter Florida I I Statutes to exempt from public disclosure public records in the custody of Florida state agencies including DER DER shall provide access to the League within forty eight hours of rendition of this Order to inspect and examine any and all draft settlement agreements DER has withheld from public disclosure based on a claim of federal preemption If DER desires to appeal this Order DER shall prepare and deliver to the clerk of this Court for inclusion in the record under seal at the time it files its notice of appeal all draft settlement agreements exchanged with the DOJ relating to U.S SFWMD which it asserts are exempt from Floridas public records law based on a claim of federal preemption Such documents shall be held under seal pending final disposition of the appeal and As the parties have not yet agreed to a stipulation as to an appropriate award of attorneys fees the Court retains jurisdiction to determine the award of attorneys fees pursuant to section Florida Statutes DONE and Florida this ORDERED Copies furnished to counsel of record in Chambers at Tallahassee Leon county day of September Kevin Davey Circuit Court Jud I I I I a a So.2d Fla Weekly Cite as So.2d FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION Appellant FLORIDA SUGAR CANE LEAGUE INC Appellee No District Court of Appeal of Florida First District Oct An appeal from the Leon County Circuit Court Kevin Davey Judge Robert Gough Asst Gen Counsel Florida Dept of Environmental Regulation Tallahassee for appellant Judith Kavanaugh William Hyde and Richard A Russell of Peeples Earl Blank P.A Miami for appellee Barry Hartman Acting Asst Atty Gen Dexter Lehtinen U.S Atty and Susan Hill Ponzoli Asst U.S Atty Miami Keith Saxe David Shilton and Ellen Durkee Dept of Justice Washington D.C for amicus U.S PERCURIAM AFFIRMED Wait Florida Power Light Co So.2d Fla MINER ALLEN and KAHN JJ concur END OF DOCUMENT Copr West No claim to orig U.S govt works Page
