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Date: 4/7/2011 1:44 PM
Subject: Privileged and Confidential
Attachments: Attorneys Say Miami Prosecutors Violated Crime Victims' Rights Act I Main Justice.pdf;
Attorneys want Jeffrey Epstein agreement thrown out.pdf; Edwards Articles - Rush Interview 2.pdf;
Edwards Articles - Rush Interview.pdf; Part.005
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Attorneys Say Miami Prosecutors Violated Crime Victims' Rights Act I Main Justice
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orneys Say Miami Prosecutors Violated Crime Victims' Rights Act
tephanie Woodrow I March 22, 2011 11:52 am
Printable Version
Ise attorneys for two girls who contend they were assaulted by billionaire and Rights/Reprints
cted sex offender Jeffrey Epstein filed court papers on Monday claiming the
i U.S. Attorney's office violated the Crime Victims' Rights Act by signing a nonprosecution agreement with Epstein
ut notifying them, the Palm Beach Daily News reported.
Epstein served 13 months in jail from June 2008 to July 2009 for one state count of soliciting
an underage girl for prostitution. As a result, he is required to register as a sex offender. While
he wasn't prosecuted for additional charges, more than 40 girls under the age of 18 say they
came to his home and gave him massages. During the massages, they say, he masturbated
and sexually assaulted them.
Brad Edwards and Paul Cassell, attorneys representing two of his alleged victims, say in
the filing that the U.S. Attorney's office for the Southern District of Florida of deliberately
misled the victims by telling them there was an ongoing investigation into their claims.
However, they say, the office was concealing the fact that they already had signed a
-osecution deal with Epstein.
-ding to the motion, the U.S. Attorney's office in January 2008 and May 2008 sent "false notification" letters in to
in's alleged victims saying "(t)his case is currently under investigation." However, the office had signed the agreement
Epstein in September 2007.
ittorneys want a court hearing during which they will ask that the agreement be invalidated because it violated the
is' rights. In the motion, the attorneys claim the agreement is illegal because the government did not protect the
Iressionally mandated rights of victims before it entered this agreement."
dge grants the request, Epstein could be charged by the U.S. Attorney's office. If he were charged and convicted on
al charges, he could be sentenced to 10 years to life for each charge.
-ding to the motion, "The only reason that the (U.S. Attorney's office) concealed the existence of the non-prosecution
r'nent from the victims was not to comply with some legal restriction, but rather to avoid a firestorm of public
)versy that would have erupted if the sweetheart plea deal with a politically connected billionaire had been revealed."
Valle, special counsel for the U.S. Attorney's Office Southern District of Florida, in an email to the newspaper that the
kttorney's office will respond in court filings.
ever, as we stated more than two years ago in July 2008 in our response to the plaintiffs' then-emergency petition for
cement of the Crime Victim Rights Act, the CVRA was not violated because no federal charges were ever filed in the
lem District of Florida," Valle said. "Because the matter remains pending in court, it would be inappropriate at this time
wide additional comment on the merits of the current motion."
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Attorneys want Jeffrey Epstein agreement thrown out
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Attorneys want Jeffrey Epstein agreement thrown out
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By MICHELE DARGAN
DAILY NEWS STAFF WRITER
Updated: 9:41 a.m. Wednesday, March 23, 2011
Posted: 7:21 p.m. Monday, March 21, 2011
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Court papers filed Monday say the U.S. Attorney's Office violated
the Crime Victims' Rights Act by signing a nonprosecution
agreement with sex offender Jeffrey Epstein without notifying his
victims.
Attorneys Brad Edwards and Paul Cassell, representing Jane Doe
#1 and Jane Doe #2, want a court hearing, where they will ask that
the agreement be invalidated because, they say, the victims' rights
were violated. If that happens, it could open up the 58-year-old
Palm Beach billionaire to a slew of federal charges involving sex
crimes with minors that were set aside by the agreement.
The motion, filed Monday in federal court in West Palm Beach,
accuses the U.S. Attorney's Office of deliberately misleading the
victims by telling them the investigation was ongoing, while
concealing they had already signed a deal with Epstein.
According to the motion, the U.S. Attorney's Office sent "false
notification" letters in January 2008 and May 2008 to the victims
saying "(t)his case is currently under investigation" after the
government had signed the agreement with Epstein in September
2007.
"The only reason that the (U.S. Attorney's Office) concealed the
existence of the non-prosecution agreement from the victims was
not to comply with some legal restriction, but rather to avoid a
firestorm of public controversy that would have erupted if the
sweetheart plea deal with a politically connected billionaire had been
revealed," the motion says.
If Epstein were found guilty on federal charges, statutory penalties
ranged from 10 years to life.
Instead, the sealed pact was part and parcel of Epstein's
acceptance of a state plea deal, where he received an 18-month
sentence for soliciting a minor for prostitution and soliciting
prostitution. He served 13 months segregated in a vacant wing of
the county stockade and was let out on work release six days a
week for up to 16 hours a day.
Edwards and other attorneys fought in court for a year before
successfully getting the agreement unsealed in September 2009.
More than 30 minor girls were identified as Epstein's victims in the
nact
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Attorneys want Jeffrey Epstein agreement thrown out 4/7/11 1:37 PM
More
Doe 1 and 2, who were 14 and 13, respectively, at the time of the
incidents, received monetary settlements in civil cases. They are
among more than two-dozen underage girls who filed lawsuits or
settled claims against Epstein, alleging they were lured to his Palm
Beach mansion to give him sexually charged massages and/or sex
in exchange for money.
The motion filed Monday says the agreement is illegal because the
government did not protect the "Congressionally mandated rights of
victims before it entered this agreement."
Alicia Valle, special counsel for the U.S. Attorney's Office Southern
District of Florida, said in an e-mail that the U.S. Attorney's Office
will respond in court filings.
"However, as we stated more than two years ago in July 2008 in our
response to the plaintiffs' then-emergency petition for enforcement
of the Crime Victim Rights Act, the CVRA was not violated because
no federal charges were ever filed in the Southern District of
Florida," Valle said. "Because the matter remains pending in court, it
would be inappropriate at this time to provide additional comment on
the merits of the current motion."
The attorneys reference e-mails and letters from the federal office to
Epstein's lawyers acknowledging the government's legal obligation
to inform victims about the pact. The e-mails are redacted in the
motion because they are under seal. The attorneys filed a separate
motion Monday to unseal the correspondence.
"The reasonable inference from the evidence is that the U.S.
Attorney's Office wanted to keep the agreement a secret to avoid
intense criticism that would surely ensued had the victims and the
public learned that a billionaire sex offender with political
connections had arranged to avoid federal prosecution for numerous
felony sex offenses against minor girls," the motion says. "As part of
this pattern of deception, the U.S. Attorney's Office discussed victim
notification with the defendant sex offender and, after he raised
objections, stopped making notifications."
Epstein sought "a higher level of review" within the Department of
Justice, the motion says. "A reasonable inference from the evidence
is that Epstein used his significant political and social connections to
lobby the Justice Department to avoid significant federal
prosecution," the motion states.
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Palm Beach Daily News (FL)
JUDGE RECEIVES EPSTEIN TAPE
RULING PENDING
MICHELE DARGAN, Daily News Staff Writer
Published: May 5, 2010
NEW YORK -- A Manhattan federal judge Tuesday took into custody a tape-recorded conversation
between veteran newspaper reporter George Rush and convicted sex offender Jeffrey Epstein.
But U.S. District Judge Lawrence M. McKenna reserved ruling on whether the recording will be released to
attorneys representing young women who were sexually abused by Epstein as minors. McKenna didn't
listen to the recording during the hearing. Fort Lauderdale attorney Brad Edwards and Utah attorney and
law professor Paul Cassell are fighting to obtain the 22-minute tape on behalf of Epstein victim Jane Doe.
She has filed one of a dozen pending civil cases in federal court in West Palm Beach against Epstein.
A status check is set for Thursday in those cases before U.S. District Judge Kenneth Marra.
Doe could have settled the lawsuit for $50,000 but is asking for $50 million in damages, Cassell said
Tuesday. "Jane Doe was repeatedly sexually assaulted over a lengthy period of time by this wealthy and
powerful man," Cassell said.
Epstein, 57, is currently under house arrest in his Palm Beach home after serving 13 months of an 18-
month state sentence for soliciting a minor for prostitution and soliciting prostitution. Nearly two dozen
young women have filed lawsuits against the billionaire money manager -- some already settled -- all
alleging Epstein sexually abused them as minors at his El Brillo Way home.
Cites reporter's protected privilege
Rush, of the New York Daily News, was present in the courtroom, but did not have to testify Tuesday.
Neither did Fort Lauderdale private investigator Michael Fisten, also in the courtroom. Working on behalf
of Epstein victims, Fisten discovered the existence of the tape and had a conversation with Rush about its
contents.
Representing Rush and the newspaper, Washington attorney Laura Handman and New York Daily News
attorney Anne Carroll argued the tape should not be released under any circumstances, citing reporter's
protected privilege. Rush told Epstein the conversation was "off the record" and has never published any
portion of that conversation. But even if portions had been printed, the unpublished portions would still be
protected, Handman said.
Handman cited cases where interviews were conducted in the presence of other people and privilege was
not waived.
In addition, Handman argued that Rush should not have to testify in court.
The ability for reporter's privilege to be protected is crucial in culling sources and gathering information for
news stories, Handman said. Reporting is all about give and take between the reporter and the source;
that's what reporters have to do, Handman said.
"This is so critical to news gathering," Handman said. "Mr. Rush could find himself testifying in [many]
cases just because he had the temerity to do some reporting on a very important story."
There is nothing helpful to Doe's case on the tape and "Jane Doe is not referred to once in that tape,"
Handman said.
Cassell argued that the tape is "critical in showing Epstein's lack of remorse."
Cassell described Epstein as a pitiless sexual abuser to Jane Doe and at least 30 other minor girls. Even
though Jane Doe is not referred to by name on the tape, Epstein refers to his victims as "the girls" and
makes disparaging remarks about them on the tape, Cassell said.
Tape played for others
Cassell said privilege does not apply because it was waived when Rush played the tape for three people
and verbally divulged its contents to two others, including Fisten and Edwards, who also represents two
other victims. But even if there is "qualified privilege," Cassell says, it is outweighed by Doe's inability to
obtain the information anywhere else and the jury's need to hear Epstein's own words about his lack of
remorse.
Since Epstein has exercised his Fifth Amendment right during questioning by victims' attorneys, the jury
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will have no other way to hear Epstein's words in his own voice, Cassell said.
Deadline for discovery in the Doe case is May 31, with the trial set for July 14.
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Palm Beach Daily News (FL)
LAWYER: EPSTEIN MADE ADMISSIONS ON TAPE
MICHELE DARGAN, Daily News Staff Writer
Published: April 29, 2010
A tape recorded interview between a reporter and convicted sex offender Jeffrey Epstein contains
"damning admissions by Epstein," which includes Epstein saying he had come "close to crossing a line"
concerning sex with underage girls.
Those and other revelations about the 22-minute interview by New York Daily News reporter George Rush
with Epstein are contained in a 24-page court filing by attorneys Brad Edwards and Paul Cassell on behalf
of Jane Doe. Edwards represents Doe and two other Epstein victims. Edwards and Cassell are fighting to
obtain the tape to further their case of sexual abuse by Epstein when Doe was a minor.
Epstein, 57, was released from jail in July after serving 13 months of an 18-month state sentence for
soliciting a minor for prostitution and soliciting prostitution. Nearly two dozen young women have filed
lawsuits against Epstein -- some already settled -- all alleging Epstein sexually abused them as minors at
his El Brillo Way home, where he is now serving house arrest.
The New York Daily News is seeking to keep the tape confidential, citing reporter's protected privilege.
In response, Cassell says the newspaper waived its protected privilege when Rush played the recording
for three people and described its contents to two others, including Edwards.
In addition, Cassell writes that privilege can't be applied in this situation because it doesn't involve an
issue related to a confidential source. The person on the tape is Epstein.
Even if there is "qualified privilege," Cassell maintains it is outweighed by Doe's inability to obtain the
information anywhere else and her "compelling need to obtain Jeffrey Epstein's own words about his
sexual abuse and lack of remorse."
When reached by phone Wednesday, Anne Carroll, attorney for the New York Daily News, said she will
answer Cassell in a court filing. Both the New York Daily News and Doe have asked a federal court judge
in Manhattan to listen to the tape in chambers to help determine whether privilege applies.
Epstein and others who helped him procure minor girls for massages and sex acts have taken the Fifth
Amendment in their depositions, stymieing Doe and the other victims suing Epstein, the documents say.
Michael Fisten, an investigator working for Doe, discovered the existence of the tape in fall 2009. An
author who had listened to the tape told Fisten that Rush had a tape recording of Epstein "discussing the
sexual abuse of minor girls."
According to a sworn affidavit by Fisten, he called Rush, who confirmed he interviewed Epstein and made
a tape. According to Fisten, Rush told him that he compiled negative information from Epstein about his
exploits with underage girls and how he eluded the justice system. But Fisten said that Rush told him that
his publisher, who knows Epstein, killed it after receiving a call from Epstein.
Fisten said Rush told him, among other things, that the following information was contained on the tape:
That Epstein said he went to jail in Florida for no reason and if the sexual abuse of minors had happened
in New York, he would have only received a $200 fine.
That L.M., one of Edwards' clients who sued Epstein for sexual abuse as a minor, came to him as a
prostitute and a drug user (meaning she came to him for sex, rather than him pursuing her).
That all the girls suing him are only trying to get a meal ticket.
That the only thing he might have done wrong was to maybe cross the line a little too closely.
In a sworn deposition, Edwards states that Rush disclosed much of the information contained on the tape
to him in a conversation.
Edwards said in his statement that the Rush interview is "unique and not otherwise obtainable from other
witnesses because it can be used to prove perjury -- a federal crime.
Edwards said Epstein testified in a deposition that he did not recognize the name George Rush from the
New York Daily News "despite the fact that he gave a personal interview that we all now know to have
been tape recorded."
mdargan@pbdailynews.com
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Epstein
Has 'come close to crossing a line.'
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