OF THE VIRGIN ISLANDS FILED March 29, 2021 ST-2019-PB-00080 TAMARA CHARLES :LERK OF THE COURT IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. & ST. JOHN IN THE MATTER OF THE ESTATE OF JEFFREY E. EPSTEIN, PROBATE NO. ST-19-PB-80 ACTION FOR TESTATE ADMINISTRATION Deceased. 1 CO-EXECUTORS' RESPONSE TO GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS' NOTICE OF APPEAL & PETITION FOR REVIEW OF MAGISTRATE JUDGE'S ORDERS Pursuant to V.I. Super. Ct. R. 322(bX5), the Co-Executors of the Estate of Jeffrey E. Epstein, DARREN K. INDYKE and RICHARD D. KAHN, hereby respond to the Government of the United States Virgin Islands' ("Government") Notice of Appeal & Petition for Review of Magistrate Judge's Orders, filed March 17, 2021 ("Petition"). CO-EXECUTORS' POSITION STATEMENT The Government's Petition is too little, too late. Judge Hermon-Percell properly denied the Government's Motion to Intervene in these probate proceedings over thirteen (13) months ago, a fact that the Government inexplicably fails to tell the Court in its Petition. The Government also neglects to inform the Court that the factual basis for its Emergency Motion to Freeze All Estate Assets and Cash on Hand (the "Emergency Motion") is no longer accurate. That motion is thus moot. 1. The Government Lost its Motion to Intervene Over Thirteen (13) Months Ago. The Government filed its Motion to Intervene on January 23, 2020, relying on V.I. Civ. P. Rule 24. As explained in the Co-Executors' January 31, 2020 opposition to that Motion, Rule 24 While the Government cites VI. Supr. Ct. R. 322.1(b) in support of its Petition, that Rule has been repealed. EFTA02821574