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Case 1:17-cv-03956-PGG Document 1 Filed 05/25/17 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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RADAR ONLINE LLC :
Plaintiff, :
- v. - :
FEDERAL BUREAU OF INVESTIGATION, :
Defendant. :
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COMPLAINT
1. This is an action under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), to order
the production of Federal Bureau of Investigation (“FBI”) records concerning the agency’s
investigation and prosecution of financier Jeffrey Edward Epstein (“Epstein”) for sexually
trafficking underage women. Defendant FBI has withheld these records despite a properly
filed FOIA request.
PARTIES
2. Plaintiff Radar Online LLC (“Radar”) is an online investigative news outlet read by millions.
3. The FBI, a component of the Department of Justice, is an agency of the United States with
possession and control of the records sought by Plaintiff.
JURISDICTION AND VENUE
4. This court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 5 U.S.C. §
552(a)(4)(B).
5. Radar’s principal place of business is New York City and therefore venue is appropriate
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under 5 U.S.C. § 552(a)(4)(B).
FACTS
Background of Request
6. Jeffrey Epstein is a billionaire financier, philanthropist, and sex offender. In 2005, Epstein
became the subject of an undercover sex trafficking investigation by Palm Beach, Florida
police and the FBI. Dozens of underage women were trafficked by Epstein to perform sexual
acts on him as well as his friends.
7. Despite the gravity of his offenses, the Department of Justice allowed Epstein to plead guilty
to a single count of soliciting prostitution from a minor under Florida state law, and serve
only 13 months in prison. In addition, prosecutors agreed not to bring charges against
Epstein’s alleged co-conspirators.
8. Mr. Epstein enjoyed close ties to numerous prominent political figures, including former
President Bill Clinton and Prince Andrew of the British Royal Family, leading many to
speculate whether he received preferential treatment from authorities. See Goodnough, Abby,
“Questions of Preferential Treatment Are Raised in Florida Sex Case,” The New York Times,
Sep. 3, 2006. (Exhibit A)
FOIA Request and Constructive Denial
9. On April 20, 2017 James Robertson, a Senior Editor for The National Enquirer and sisterpublication
Radar Online, submitted a FOIA request to the FBI for all documents relating to
the investigation and prosecution of Epstein (the “Request”). (Exhibit B)
10. Robertson requested expedited processing because Epstein’s crimes are the subject of
widespread and exceptional media interest, and raise questions about the government's
integrity, which affects public confidence; specifically, whether Mr. Epstein received
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preferential treatment from authorities due to his wealth, connections, and political leverage.
11. The FBI has provided no response to Mr. Robertson’s request, nor even assigned it a tracking
number. By failing to provide - or formally deny - documents within twenty working days,
the FBI has constructively denied the request under 5 U.S. Code § 552(a)(6)(A)(ii).
CAUSE OF ACTION
Violation of the Freedom of Information Act for Wrongful Withholding of Agency Records
12. Plaintiff repeats and realleges paragraphs 1-11.
13. Defendant FBI has wrongfully withheld agency records requested by Plaintiff.
14. Plaintiff has exhausted all administrative remedies.
REQUESTED RELIEF
WHEREFORE, Plaintiff requests this Court:
(A) Order defendant to provide access to the requested documents in their entirety;
(B) Expedite this proceeding as provided for in 28 U.S.C. § 1657;
(C) Award plaintiff costs and reasonable attorney fees in this action, as provided in 5
U.S.C. § 552(a)(4)(E); and
(D) Grant such other and further relief as may deem just and proper.
Dated: May 25, 2017
By:
______________________
Daniel Novack
NY BAR ID: 5010863
Law Office of Daniel R. Novack
4 New York Plaza (2 nd Floor)
New York, NY 10004
Phone: (201) 213-1425
Email: Dan@NovackMediaLaw.com
Counsel for Plaintiff
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U.S.
Questions of Preferential Treatment Are
Raised in Florida Sex Case
By ABBY GOODNOUGH SEPT. 3, 2006
PALM BEACH, Fla. — In the summer and autumn of last year, when most of the
mansions here stood empty behind their towering hedges, the police stealthily
watched one at the end of a waterside lane. They monitored the comings and goings
of its owner’s private jet, subpoenaed his phone records and riffled through his
trash.
The owner was Jeffrey Epstein, 53, an intensely private New York money
manager with several billionaire clients. Months earlier, the stepmother of a 14­yearold
girl told the Palm Beach police that a wealthy older man, whom the girl later
identified as Mr. Epstein, might have had inappropriate sexual contact with her.
In sworn statements to the police, the 14­year­old and other teenage girls said a
friend had arranged for them to visit Mr. Epstein’s home and give him massages,
usually in their underwear, in exchange for cash.
Most of the girls, according to the police, said Mr. Epstein had masturbated
during the massages, and a few said he had penetrated them with his fingers or
penis. They identified him in photos and accurately described the inside of his home.
Some recalled that his employees had fed them snacks or rented them cars.
Case 1:17-cv-03956-PGG Document 1-1 Filed 05/25/17 Page 2 of 5
Mr. Epstein pleaded not guilty in August to the crime he was ultimately charged
with, soliciting prostitution. But at a time when prosecutors around the nation have
become increasingly severe in dealing with people accused of sex offenses, the case
has raised questions about whether Mr. Epstein’s prominence won him preferential
treatment.
By the account of the police, they found probable cause to charge Mr. Epstein
with much more serious offenses: one count of lewd and lascivious molestation and
four counts of unlawful sexual activity with a minor.
But instead of proceeding with such charges on his own, the Palm Beach County
state attorney took the rare step of presenting a broad range of possible charges to a
grand jury, which indicted Mr. Epstein in July on the lesser count. In Florida,
prosecutors usually refer only capital cases to grand juries.
Even before the indictment, the Palm Beach police chief, Michael Reiter, had
accused prosecutors of giving Mr. Epstein special treatment and asked the state
attorney, Barry E. Krischer, to remove himself from the case.
In an editorial, The Palm Beach Post attacked Mr. Krischer, a Democrat whose
post is elective, saying the public had been left “to wonder whether the system tilted
in favor of a wealthy, well­connected alleged perpetrator and against very young girls
who are alleged victims of sex crimes.”
The case has taken a toll on the reputation of Mr. Epstein, who owns a palatial
home in Manhattan, has pledged $30 million to Harvard and once flew former
President Bill Clinton on his 727. Politicians including Eliot Spitzer, a Democratic
candidate for governor in New York, and Gov. Bill Richardson of New Mexico, also a
Democrat, have returned campaign contributions from him.
But Mr. Epstein fought back, assembling a team of star lawyers, including
Gerald B. Lefcourt and Alan M. Dershowitz, a friend of his, to look into the
backgrounds of his young accusers.
Mr. Lefcourt says that the police acted “outrageously” and that his client has
been wrongfully dragged through the mud.
Case 1:17-cv-03956-PGG Document 1-1 Filed 05/25/17 Page 3 of 5
“He disputes that he ever had sex with any under­age person or anything like
that,” said Mr. Lefcourt, whose clients have included Russell Crowe, Martha Stewart
and Abbie Hoffman.
Neither the police nor the state attorney’s office would discuss the case in detail.
But the police released a thick report on the 13­month investigation after the
indictment was unsealed in late July.
The police started investigating Mr. Epstein in March 2005, almost immediately
after they were contacted by the stepmother of the 14­year­old, who, according to the
report, was in a special school for students with disciplinary problems.
The girl, the report said, told the police that an older friend had “offered her an
opportunity to make money” and had driven her to Mr. Epstein’s house one Sunday.
The friend, identified by the police as Haley Robson, a local community college
student, told the girl to say she was 18 if Mr. Epstein asked, the report said.
The girl told the police that Mr. Epstein’s assistant had led her upstairs to a
room with a massage table and that Mr. Epstein had come in and told her to remove
her clothes. She said Mr. Epstein had masturbated as she massaged him, had
pressed a vibrator against her underwear and had given her $300 afterward.
In October, the police interviewed Ms. Robson, then 19, who told them Mr.
Epstein had routinely paid her to bring teenage girls to his home. The police then
interviewed a total of 5 alleged victims and 17 witnesses, many of whom told similar
stories about what they had observed or participated in at Mr. Epstein’s home.
According to the report, at least one said Mr. Epstein had engaged in intercourse
with her.
Mr. Lefcourt, his lawyer, said one girl who told the police of having had sex with
Mr. Epstein as a minor had lied about both the sex and her age and had not shown
up for grand jury questioning. He also said Mr. Epstein had passed a lie­detector test
clearing him of any sexual involvement with under­age girls.
A spokeswoman for the Palm Beach police said that early this year, the police
went to Mr. Krischer, the state attorney, intending to apply for warrants to arrest
Case 1:17-cv-03956-PGG Document 1-1 Filed 05/25/17 Page 4 of 5
Mr. Epstein. Instead, she said, they were told that Mr. Krischer would convene a
grand jury to examine the evidence and decide what charges, if any, to bring.
Around that time, the police report said, Mr. Dershowitz met with prosecutors
to share information about the accusers, including statements they had posted on
MySpace.com, the social networking site, concerning use of drugs and alcohol.
According to the report, Mr. Krischer’s office then decided to delay the grand jury
session for several months.
The Palm Beach police grew frustrated, the report said, and on May 1 the
department asked prosecutors to approve warrants to arrest Mr. Epstein.
Chief Reiter also wrote Mr. Krischer questioning “the unusual course that your
office’s handling of this matter has taken” and suggesting that Mr. Krischer
disqualify himself. Chief Reiter refused several requests to be interviewed, and his
spokeswoman would not say explicitly why he had urged the prosecutor to step
aside.
Mike Edmondson, a spokesman for Mr. Krischer, said the state attorney’s office
sometimes sent noncapital cases to grand juries when there were questions about
witness credibility. Mr. Krischer does not recommend a particular charge in such
cases, Mr. Edmondson said, but gives the grand jury a list of possible charges.
Bruce J. Winick, a law professor at the University of Miami, said that while
prosecutors in Florida rarely referred noncapital cases to grand juries, they
sometimes did so with sensitive cases to be extra­cautious.
Mr. Lefcourt said the police were wrong to have released the report so soon,
especially without correcting information that later proved wrong. He cited his
assertion that one accuser had lied about her age, adding that she had also been
arrested on drug charges and had been fired by her employer for stealing.
“What I’m trying to focus on,” Mr. Lefcourt said, “is, What’s motivating the
selective and misleading release of information to the public?”
A version of this article appears in print on , on Page A19 of the New York edition with the headline:
Questions of Preferential Treatment Are Raised in Florida Sex Case.
Case 1:17-cv-03956-PGG Document 1-1 Filed 05/25/17 Page 5 of 5
© 2017 The New York Times Company
Case 1:17-cv-03956-PGG Document 1-2 Filed 05/25/17 Page 1 of 3
VIA FOIA PORTAL
April 20, 2017
TO:
FROM:
Federal Bureau of Investigation
James Robertson
Senior Managing Editor
The National Enquirer
4 New York Plaza (2 nd Floor)
New York, NY 10004
(212) 743-6555
Dear Sir or Madam,
I am a reporter and editor for The National Enquirer. I request records under the provisions
of the Freedom of Information Act, 5 U.S.C.§ 552.
Request
The Enquirer seeks all documents relating to the FBI’s investigation and prosecution of
financier Jeffrey Edward Epstein, who pled guilty to one count of felony solicitation of
prostitution in August 2006.
Background
Jeffrey Epstein is a billionaire financier, philanthropist, and sex offender. In 2005, Epstein
became the subject of an undercover sex trafficking investigation by Palm Beach, Florida
police and the FBI. Dozens of underage women claimed that they had been trafficked by
Epstein to perform sexual acts on him as well as his friends.
Many prominent political figures have been connected to Mr. Epstein’s child-trafficking
ring, including former President Bill Clinton and Prince Andrew of the British Royal
Family.
Links: (Bill Clinton) http://www.foxnews.com/us/2016/05/13/flight-logs-show-bill-clintonflew-on-sex-offenders-jet-much-more-than-previously-known.html;
(Prince Andrew)
https://www.theguardian.com/world/2015/jan/10/jeffrey-epstein-decade-scandal-princeandrew
Despite the gravity of his offenses, the Department of Justice agreed to allow Epstein to
plead guilty to a single count of soliciting prostitution from an underage girl under Florida
state law, and served only 13 months in prison. In addition, prosecutors agreed not to bring
charges against Epstein’s alleged co-conspirators.
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Case 1:17-cv-03956-PGG Document 1-2 Filed 05/25/17 Page 2 of 3
Link: https://www.theguardian.com/world/2015/jan/10/jeffrey-epstein-decade-scandalprince-andrew
Papers filed in a 2006 lawsuit alleged that Epstein surreptitiously recorded sexual activity
between prominent individuals and underage girls for purposes of blackmail, leaving many
to wonder whether potential blackmail material played a role in his light sentence:
Link: http://www.ibtimes.com.au/prince-andrew-might-have-been-caught-tape-sex-slave-
1407641
Expedited Processing
This request has been the subject of the request is of widespread and exceptional media
interest and the information sought involves possible questions about the government's
integrity which affects public confidence. Specifically; the issue of whether Mr. Epstein’s
wealth and connections secured him favorable treatment by the DOJ.
Given that a civil defamation trial between one of Epstein’s victims and his alleged coconspirator,
Ghislaine Maxwell, has just begun, the topic is of renewed interest to the
public and therefore is worthy of expedited processing.
Certification
The above information is true and correct to the best of my knowledge.
Fee Waiver
The National Enquirer is a news organization. Under 5 U.S.C. § 552(a)(4)(A)(iii), the
Enquirer is entitled to a fee waiver because disclosure of the information sought is in the
public interest, is likely to contribute significantly to public understanding of the operations
or activities of the government, and is not primarily in the commercial interest of the
requester.
Electronic Records
Please furnish all responsive records in electronic format.
Further Correspondence
All correspondence regarding this request can be directed to me at jrobertson@amilink.com
Please be aware that under 5 U.S.C. § 552(a)(6)(A), a FOIA request is considered
constructively denied after twenty business days.
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If you have any questions, do not hesitate to contact me.
Thank you for your prompt attention to this request.
Sincerely,
James Robertson
Senior Managing Editor
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