UNITED DISTRICT COURT SOUTHE-3.4RN DISTRICT OF FLORIDA JANE CAS-3.5E NO 93-CIV-MARRA/JOHNSON Plaintiff Vs JEFFREY EPST-4.5EIN et al Defendant Related Cases PLAINTIFF-5.2 JANE REPL-5.2Y TO DE FENDANT?S RESPONSE DE TO MOTION TO COMPE7.2L1 ANSWERS TO PLAINTFF?S INTERROGATORIES Plaintiff Jane Doe hereby files her reply to defendant Je ffrey Epstein?s response DE in consolidated case no to her motion to compel answers to her interrogatories Epstei be compelled to prov ide the requested information because it is not properly subject to a Fifth Amendment invocation as explained in Jane Doe?s opening submis-5.4sion Doe will stand on her opening s-5.1ubmission but br iefly replies to Epst-7.5ein?s response with regard to two subjects the nam es of Epstein?s acc-5.5ountants and property holdings Interrogat4.1o1.9ry12.3 No Case Document Entered on FLSD Docket Page of CASE NO Provide the names addresses and phone numbers of all your current accountants financial planners or money managers handling or assisting in the handling of your money or assets Respon-5.4se Defendant is asserting specific egal objections to the i7.1n1terrogatories-5.1 as well as his U.S Constitutional privil eges-5 I intend to respond to all relevant discovery r-7egarding this lawsuit however my attorneys have counseled me that cannot provide answers to discov-5.2e1ry relevant this lawsuit and I must accept this advice or risk waiving my Fifth Amendment rights as guaranteed by the Untied States Constitution and my Sixth Amendment right to effective representation Accor-6.9d1.3ingly I assert my federal const-7.1i2.3tutional rights under the Fifth Sixth and Fourteenth Amendments as guaranteed by the United St-7.5ates Constitution Drawing an adver-7se infe renc-4.9e under these circum-6.9stances would unconstitutionally burden my exercise my constitutional rights would be unreasonable and would theref ore violate the Constituti on In addition to and without waiving constitutional pr ivileges Def-6.9endant objects as the interrogatory is so overbroad and thus see ks information that neither relevant to the subject matter of the pending action nor does it appear reasonably-4.8 calculated to lead to the discovery of admissible evidence Additionally work product and attorney-client Repl-7.8y to Epstein?s Response Epstein argues that discl osing information about his accountants is somehow inc-5.3r-2.3iminating The reas-5.3ons for this claim are obscure,-7.5 because Epstein relies on sealed submissions doc and that Jane Doe has not had the opportunity to review Jane Doe therefore respectfully asks the Court to make its determination of the is mindful of the fact that it is proceeding without the benefit of an adversarial pres entation from Jane Doe any event it appears far-fetched that answering J-5.4ane interrogatories-5.4 about the nam9.8es of his accountants is incriminating It is clear that discovery requests that seek background information on events-5.4 and exper-7.2iences-5.2 of the witness-5.2 for whic-5.2h he cannot realistically-5.4 or genuinely be expe cted to be charged with a crime are not subject to Fifth Amendment protection Doc No at The mere names of financial planners do not disclos-5.5e anything for which Epstein can be prosecuted Case Document Entered on FLSD Docket Page of CASE NO good illustration of this conclusion comes from Fisher United States U.S where the gov ernment subpoenaed records th at Fisher taxpayer-7.1 had provided to his accountants In reject ing Fisher?s-5.4 Fifth Amendment argument the Court explained Assuming that these as pects of producin-4.1g the accountant?s papers-10.2 have some minimal testimonial signific-5.4anc-5.4e sure ly it is not illegal to seek accounting help in c-5.9o.3nnection wit-8.1h one?s tax returns or for the ac-4.9countant to prepare workpapers and deliver-7.1 them to the taxpayer Id at The s-5.6i1.6tuation her is even one step more removed from any ris-5k0 of incrimination J-5a ne Doe is not asking fo papers that Epstein deliv-5.3ered to his accountants a the government obtained in Fisher but the mere names of accountants Under Fisher Jane Doe is entitled to this information 2720Accordingly Epstein should be lled to answer Interrogatory No Interrogat3.9o1.7ry12.1 No Describe any real property in which you hav a total or partial ownership interest either directly or indirectly Interrogat4.1o1.9ry12.3 No Describe with specificity the amount of money available to you in cash or that can be readily liqui dated as such Include the bank financial institution holding company or other location of this money and the name of the account Respon-5.4se Defendant is asserting specific egal objections to the i7.1n1.1terrogatories-5.1 as well as his U.S Constitutional privil eges-5 I intend to respond to all relevant discovery r-7egarding this lawsuit however my attorneys have counseled me that cannot provide answers to discov-5.2e1ry relevant this lawsuit and I must accept this advice or risk waiving my Fifth Amendment rights as guaranteed by the Untied States Constitution and my Sixth Amendment right to effective representation Accor-6.9d1.3ingly I assert my federal const-7.1i2.3tutional rights under the Fifth Sixth and Fourteenth Amendments as guaranteed by the United St-7.5ates Constitution Drawing an adver-7se infe renc-4.9e under these circum-6.9stances would unconstitutionally burden my exercise my constitutional rights would be unreasonable and would theref ore violate the Constitution In addition to and without waiving constitutional pr ivileges Def-6.9endant objects as the Case Document Entered on FLSD Docket Page of CASE NO interrogatory is so overbroad and thus see ks information that neither relevant to the subject matter of the pending action nor does it appear reasona-4bly-5.1 calculated to lead to the discovery of admissible evidenc-5.2e Repl-7.8y to Epstein?s Response Here again Epstein?s-5.3 basis for c-5.3ontending t-7.5hat this information is somehow inc-5.5r-2.5iminating is obscure For example how is it even possibly incriminating to stat something along the lines of have in account number in the Ac me National Bank That does-5.4 not admit a crime or anything remotely connected to a crime A Fifth Amendment privilege can only be properly asserted with respect to genuinely threatening United States Goodwin F.2d 5th Cir Epstein?s)-5.1 concern appears to be not that he will be prosecuted for having money in a bank but rather that this fact ma prove useful to Jane Doe But the Fifth Amendment protection against self incrimination does not ext ent to consequences of a noncriminal nature such as threats of liability in United States Conces F.3d 6th Cir quoting United States Apfelbaum U.S It is Epstein?s burden to demons trate a real danger of incrimination if he were to respond to any partic-4.8u1.4lar discov-4.8e1.4ry reques-4.8t Conces F.3d at Epstein has utterly fai7l2ed to do so Thes questions are not genuinely threatening Epstein should be compelled to answer CONCLUS-2.3ION all these reasons the Court should compel Epstein to answer-7.2 the interrogatories Jane Doe has propounded Case Document Entered on FLSD Docket Page of CASE NO DATED October Respectfully Submitted Bradley Edwards Bradley Edwards ROTHST-5.3EIN ROSENFELDT Las Olas City Centre East Las Olas Blvd Suite Fort Lauderdale Florida Telephone Facsimile Florida No E-mail bedwards rra-law.com and Salt 2720Lake 2720City Telephone:-7.7 Facsimile:-7.7 E-Mail 110cassellp law.utah.edu CERTIFICATE OF SERVICE HEREBY CERTIF-4.3Y t-7.3hat on October I e-3.6l2.5ectronically filed the foreg-3.6o1.5ing document with the Clerk of the Court using CM/ECF I also certify that the foregoing document is being served this day on all part ies on the attached Service List in the manner specified either via transmission of Notices of Electronic Filing generated by CM/ECF or in some ot-6.9her authorized manner fo those parties who are not authorized receive electronically filed Notices of Electronic Filing Bradley Edwards Bradley Edwards Case Document Entered on FLSD Docket Page of CASE NO SERVICE LIST Jane Doe Jeffrey10.8 Epstein United States District Court Southern District of Florida Jack Alan Goldberger-7.5 Esq Jgoldberger agwpa.c-5.1o1.1m Robert Critton Esq rcritton bclcla-4.3w.com Isidro Manual Garcia isidrogarcia bells-5.2outh.net Jack Patrick Hill iph searc-5.7y-.7law.com Katherine Warthen Ezell KEzell podhurst.com Michael James Pike MPike bclclaw.com Paul Cassell cassellp Richard Ho-4.5race Willits-5.7 lawyerswillits aol.com Robert Josefsberg rjosefsberg podhurst.com Adam Horowitz ahorowitz-5.6 5sexabus-5.6eattorney.com Stuart Mermelstein-4.1 ssm sexabuseattorney.com William Berger wberger rra-law.com Case Document Entered on FLSD Docket Page of
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