U.S. Department of Justice

U.S. Department of Justice U.S. Department of Justice United States Attorney Southern District of Florida Facsimile: September 5, 2006 DELIVERY BY HAND Grand Jury Coordinator State Attorney's Office 15th Judicial Circuit of Florida West Palm Beach, Florida Re: Federal Grand Jury Subpoena Dear Ms. Thank you for your assistance regarding the transcript of the proceedings from the State's grand jury related to Jeffrey Epstein. I have done some additional research regarding the procedures for obtaining the tapes or transcripts from those proceedings. -Ft The cases that I have enclosed suggest that the appropriate way is to issue a federal grand jury subpoena to the party currently in possession of the tapes and/or transcripts of the proceedings. From my conversations with you and your staff, you currently possess the materials. I reviewed the state statutes governing the release of grand jury transcripts, and both Sections 905.17(1) and 905.27 refer to the release of the transcripts upon an order of "a court;" they do not specify that the order must be issued by the Palm Beach County Court. The cases that I have enclosed both involve orders issued by a federal court that compel the production of the transcripts. If you feel that you must file a motion to quash the grand jury subpoena, or if you would like to state in writing your inability to produce the transcript absent a court order, we can proceed before the United States District Judge who empaneled the federal grand jury. If you prefer to proceed by motion, I can assist in notifying the Court of the motion, which should be filed ex parte and under seal in accordance with the Federal Rules of Criminal Procedure. If, instead, you prefer to proceed by stating in writing that you cannot produce the items without a court order, I can file a Motion to Compel with a proposed order for the United States District Judge to sign. GRAND JURY COORDINATOR SEPTEMBER 5, 2006 PAGE 2 The subpoena calls for the production of the tape(s) or transcripts by September 15, 2006. If you need any additional time, please let me know. If you have any questions or concerns, please do not hesitate to call me. Thank you for your assistance. Sincerely, cc: By: F.B.I. Assistant United States Attorney From our conversation and my conversation with Lanna Behlolavek, it appears that the proceedings may not yet have been transcribed. The enclosed subpoena calls for the tapes or the transcripts. If you would prefer to produce the tapes to be transcribed by one of our grand jury stenographers, that would satisfy the subpoena. EFTA00220927