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efta-efta00189868DOJ Data Set 9Other

U.S. Department of Justice

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: June 6, 2007 VIA FACSIMILE Robert I. Targ, Esq. Diaz Reus Rolff & Targ LLP 100 S.E. Second Street, Suite 2600 Miami, FL 33131 Re: Subpoena to Paul Lavery Dear Mr. Targ: Thank you for your letter of June 4, 2007. Following receipt of your letter, I conducted some additional research regarding your blanket assertion of the attorney-client and work product privileges prior to the appearance before the grand jury. My research shows that the person asserting the privilege bears the burden of establishing its applicability. See, e.g., United States v. Schaltenbrand , 930 F.2d 1554 (11th Cir. 1991); United States v. MuRoz , 233 F.3d 1117 (9th Cir. 2000); Hawkins v. Stables , 148 F.3d 379 (4th Cir. 1998); Motley v. Marathon Oil Co. , 71 F.3d 1547 (10th Cir. 1995); Christman v. Brauvin Realty Advisors, Inc. , 185 F.R.D. 251

Date
Unknown
Source
DOJ Data Set 9
Reference
EFTA 00189868
Pages
2
Persons
1
Integrity

Summary

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: June 6, 2007 VIA FACSIMILE Robert I. Targ, Esq. Diaz Reus Rolff & Targ LLP 100 S.E. Second Street, Suite 2600 Miami, FL 33131 Re: Subpoena to Paul Lavery Dear Mr. Targ: Thank you for your letter of June 4, 2007. Following receipt of your letter, I conducted some additional research regarding your blanket assertion of the attorney-client and work product privileges prior to the appearance before the grand jury. My research shows that the person asserting the privilege bears the burden of establishing its applicability. See, e.g., United States v. Schaltenbrand , 930 F.2d 1554 (11th Cir. 1991); United States v. MuRoz , 233 F.3d 1117 (9th Cir. 2000); Hawkins v. Stables , 148 F.3d 379 (4th Cir. 1998); Motley v. Marathon Oil Co. , 71 F.3d 1547 (10th Cir. 1995); Christman v. Brauvin Realty Advisors, Inc. , 185 F.R.D. 251

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EFTA Disclosure
Text extracted via OCR from the original document. May contain errors from the scanning process.
U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: June 6, 2007 VIA FACSIMILE Robert I. Targ, Esq. Diaz Reus Rolff & Targ LLP 100 S.E. Second Street, Suite 2600 Miami, FL 33131 Re: Subpoena to Paul Lavery Dear Mr. Targ: Thank you for your letter of June 4, 2007. Following receipt of your letter, I conducted some additional research regarding your blanket assertion of the attorney-client and work product privileges prior to the appearance before the grand jury. My research shows that the person asserting the privilege bears the burden of establishing its applicability. See, e.g., United States v. Schaltenbrand , 930 F.2d 1554 (11th Cir. 1991); United States v. MuRoz , 233 F.3d 1117 (9th Cir. 2000); Hawkins v. Stables , 148 F.3d 379 (4th Cir. 1998); Motley v. Marathon Oil Co. , 71 F.3d 1547 (10th Cir. 1995); Christman v. Brauvin Realty Advisors, Inc. , 185 F.R.D. 251 (N.D. Ill. 1999). Furthermore, blanket assertions are not proper, and the assertion must be made on a question-by-question and document-by-document basis. See, e.g., Nguyen v. Excel Corp. , 197 F.3d 200 (5th Cir. 1999); Clarke v. American Commerce Nat. Bank , 974 F.2d 127 (9th Cir. 1992); United States v. White , 950 F.2d 426, 430 (7th Cir. 1991). I do not intend to ask questions that fall within these privileges and the documents requested also do not fall within either of these privileges. Accordingly, I have enclosed a revised grand jury subpoena that provides, in greater detail, the list of documents requested. I have asked for Mr. Lavery to appear on June 19, 2006, so that, if you believe that you have a basis for a pre-appearance motion for protective order or motion to quash, you will have time to prepare and file that motion. In case you decide to file such a motion, United States District Judge Middlebrooks is assigned to handle matters related to the relevant grand jury. Pursuant to Fed. R. Crim. P. 6(e)(6), any such motion must be filed under seal. If you elect not to file such a motion, I will expect Mr. Lavery's a earance before the grand jury on June 19, 2006. Please contact myself or Special Agent on June 18, 2006, to confirm the time for appearance. If a motion is not filed and Mr. Lavery does not appear, I will proceed in accordance with Fed. R. Crim. P. 17(g). If you have any questions, please do not hesitate to call me. Sincerely, R. Alexander Acosta United States Attorney By: EFTA00189868 Assistant United States Attorney cc: FBI (with enclosure) EFTA00189869

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Richard H. Willits, P.A. Civil Trial Law r Office: Facsimile: September 12, 2008 U.S. Department of Justice 500 S. Australian Avenue, Suite 400 West Palm Beach, FL 33401 Attention: , Assistant U.S. Attorney Re: Our Client: Defendant: Jeffrey Epstein Dear Ms. Villafana: Please provide us a copy of the settlement agreement that you refer to between the United States and Mr. Epstein. Thank you for your assistance. Sincerely, Michael Danchuk Legal Administrator/Paralegal MD/amy cc: Richard H. Willits, Esq. EFTA00223633 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 April 9, 2008 VIA FACSIMILE Richard H. Willets, Esq. Mr. Michael Danchuk Re: Dear Messrs. Willits and Danchuk: Thank you for your letter of March 28, 2008, regarding . Pursuant to the strict rules of grand jury secrecy, I am not able to provide you with the information that you have requested. I b

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House OversightUnknown

Federal prosecutors allegedly back‑down on Epstein victim notifications after pressure from Epstein’s lawyers, with DOJ officials’ communications revealing internal conflict

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