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EFTA01248965

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tagsdocument, foia, 2015, fbi, boies-schiller-flexner

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EFTA01248965 is a 46-page FBI file section, Bates-stamped EFTA_00075880 through EFTA_00075925 in Data Set 9, marked “CONFIDENTIAL” on every page and carrying a repeated control marking, “3501.226-037.” Its front page is the Bureau’s own internal routing card; what follows is Boies, Schiller & Flexner LLP’s February 26, 2015 letter to the FBI’s Freedom of Information/Privacy Act section, requesting “pictures, videos and documents relating to” a client whose name and any alias the letter redacts throughout, together with the material the letter says it enclosed.12 A handwritten note at the foot of the letter’s first page reads “31E-MM-108062-255”, the FBI case number and serial under which the Bureau’s own case-file export elsewhere in the release shows this letter was logged in.34

The letter’s own terms (who wrote it, the residences and time period it names, and the exemption language it invokes) are set out in more detail at FOIA exemptions in the FBI’s Epstein records. This page describes what this copy of the Bureau’s own file adds: its routing card, the exhibits bound behind the letter, and what the wider case file shows about how the request was handled afterward.

The Bureau’s routing card

The file’s first page is a Form FD-5, “File - Serial Charge Out,” used to track a file section as it moves between locations. Its file, class and case-number fields are blacked out, as is a line under “Employee.” Two entries are written in the “Description of Serial” column: “MAIN VOLUMES IN HQ FOR FOIPA REQUEST,” and, below it, “1A RED WALLETS IN THE SUPPLY/STORAGE ROOM NEAR MAILROOM ON THE 5TH FLOOR.”5 The form’s own printed “Date” field reads “10/2013”; a separate note in different ink, “9/5/2014,” is written above it.5 Both predate the February 2015 letter that follows in this file by more than a year. Neither the “Pending” nor “Closed” box on the card is checked.5 The card does not identify which FOIA/PA request it was made for; its dates fall inside the period in which the Bureau was processing a different, earlier request for the same case file, made by Martin Weinberg on Epstein’s own behalf in November 2012 and reopened in 2013, described at Requests for Epstein records answered outside the FBI’s FOIA letters.6 This page does not assert that the card was made for that request; it records only that the card sits at the front of this file as scanned, and that its own dates do not match the February 2015 letter it precedes.

The letter and its enclosures

The letter itself occupies two pages, addressed “Via Federal Express” to the FOI/PA Request desk of the Record/Information Dissemination Section and to a second Bureau address.1 It states that the client was interviewed by the FBI on March 17, 2011, that an FD-302 report of that interview “was entered on July 5, 2013,” and that the FBI, during the interview, told the client it had retrieved video tape, photographic and documentary material from Jeffrey Epstein’s homes; the letter goes on to characterize what some of that material shows.1 That characterization is not reproduced on this page. The letter lists five residences from which it understands the material was collected, all owned by Jeffrey Epstein. In this copy the first three are legible: 358 El Brillo Way, Palm Beach, Florida; Little St. James, 6100 Red Hook Quarters, Suite B3, St. Thomas, Virgin Islands; and 9 East 71st Street, New York. The fourth and fifth are blacked out.12 It requests copies “relating to” the client for the period June 1999 to December 2002, invokes the standard segregability and appeal language, and closes noting the enclosure of “a Certification of Identity from our client… such that records can be released to… [the client’s] attorney,” over a blacked-out signature block and the initials “SSM.”2

What follows in the file matches that description. A divider page reading “EXHIBIT A” precedes a twelve-page FD-302 recording an interview of March 17, 2011, the report the letter cites.7 This page does not describe its contents; the subject’s own account is not this page’s subject, and the report is redacted throughout under exemption codes (b)(6) and (b)(7)(C).7 After it is a signed and dated Certification of Identity, DOJ Form 361, on which the requester’s own name, citizenship status, current address, date and place of birth are blacked out; the signature line is redacted and the form is dated “02/25/15,” the day before the letter.8

Case 31E-MM-108062, and what the wider file shows

The FBI’s own case-file export for 31E-MM-108062, a different document in the release already cited at FOIA exemptions in the FBI’s Epstein records for the same letter, carries an Import Form dated March 11, 2015, titled “FOIA REQUEST LETTER,” Case ID “31E-MM-108062-255,” with the synopsis “FOIA REQUEST FOR PICTURES, VIDEOS AND DOCUMENTS RELATING TO [redacted].”4 That is the same case number and serial handwritten on the letter in this file, and the same synopsis wording as the letter’s own subject line.31

Serial 256 of the same case, an Electronic Communication dated September 29, 2015 from the Miami field office, is titled “Request for ELSUR shipment.” Its details read in full: “To address a Freedom of Information Act request, it is requested Miami Division ELSUR Unit ship evidence item 1D1 of captioned matter, one original recording of an interview dated 04/24/07,” addressed to a Government Information Specialist in “FOIPA Unit 4, RIDS, RMD” at Winchester, Virginia.9 The communication does not name which FOIA request it addresses. Its serial number follows immediately after the letter’s own serial in the same case, and no other FOIA request letter for this case appears in the pages of that export cited here or at FOIA exemptions in the FBI’s Epstein records; on that basis the two serials are consistent with the same request, though the document does not say so itself.

Nothing in this file, and nothing found in the case-file export cited above, is a determination letter answering this specific request: a statement of what, if anything, the Bureau decided to release, withhold, or neither confirm nor deny. What the record here establishes is that the letter was received, logged into the Bureau’s case file for its Epstein investigation, and followed roughly six and a half months later by an internal request to move a piece of recorded evidence toward the office that processes FOIA releases. Whether, when, or how the Bureau answered Boies Schiller Flexner is not shown by either document.

The remaining pages

Pages 18 through 45 of this file are a further, self-contained run that this page does not attempt to characterize in full. It opens with what appears to be a mailing envelope from the office of Sharon R. Bock, then Clerk & Comptroller of Palm Beach County, addressed to a blacked-out recipient and postmarked in September.10 Two pages of handwritten state-court “Electronic Court Reporting Witness Log” forms follow, headed “STATE V. [redacted],” largely illegible in the extraction and not read at the image for this page.11 Ten pages after that (pp. 21–30) are, rendered at the image, solid full-page redaction blocks: nothing survives on any of them beyond the file’s standard “CONFIDENTIAL” stamp, page count and Bates number.12 One of the ten, printed page 25, carries a handwritten annotation above the block reading “Page 5” and “7/19/06”; that date matches the July 19, 2006 grand jury session described in Acosta’s letter below, though this page does not establish that the two are the same proceeding.12 The run then continues with a September 6, 2006 letter from then-U.S. Attorney R. Alexander Acosta, Southern District of Florida, to counsel for the Clerk of the Circuit Court concerning a federal grand jury subpoena for “[t]apes or transcripts of any and all proceedings” of a state grand jury session of July 19, 2006 “referring or relating to Jeffrey Epstein,” the subpoena itself (captioned FGJ 05-02(WPB), returnable August 18, 2006), and two published federal-court opinions on obtaining state grand jury records by federal subpoena that Acosta’s letter says it enclosed as authority.1314 That subpoena’s caption, “FGJ 05-02 (WPB),” and its August 18, 2006 return date match the federal grand jury and the return date already described, from a different document, at Operation Leap Year, where the subpoena log for that grand jury lists ten subpoenas numbered OLY-01 through OLY-10 with the subpoenaed party and records sought blacked out on every row.15 Whether this copy is one of those ten subpoenas is not established here; it is a lead this page did not chase further.

How pages 18–45 came to sit in this file, as material Boies Schiller Flexner enclosed with its own letter or as case-file material gathered alongside it, is not stated anywhere in the file itself, and this page does not guess.

Limits of this page

This file establishes that the Bureau received, and logged into its Epstein case file, a February 2015 request for pictures, video and documents, together with the exhibits behind it. It does not establish what the Bureau ultimately released, withheld, or told the requester in response; no such letter is in this file or in the case-file export cited alongside it. The redacted client’s identity and the FD-302 interview it encloses are not described here. Pages 21–30 are fully redacted in this copy; this page reports that redaction, not what lies beneath it. The fourth and fifth residence addresses the letter names are blacked out in this copy and are not supplied from elsewhere.

FOIA exemptions in the FBI’s Epstein records; Requests for Epstein records answered outside the FBI’s FOIA letters; Operation Leap Year.

Footnotes

  1. Boies, Schiller & Flexner LLP to the Federal Bureau of Investigation, February 26, 2015, first page: “RE: FOIA Request for pictures, videos and documents relating to [redacted]… was interviewed by the FBI on March 17, 2011. A FD-302 report was entered on July 5, 2013. See Exhibit A.” Same page, listing the residences “owned by Jeffrey Epstein” as “1) 358 El Brillo Way / Palm Beach, Florida 33480” and “2) Little St. James / 6100 Red Hook Quarters, Suite B3 / St. Thomas, Virgin Islands 00802.” https://epstein-data.com/EFTA01248965 p.2. Read at the image at 300 dpi: the first addressee block names the Record/Information Dissemination Section with the line below it blacked out, and the second names the Federal Bureau of Investigation and the Department of Justice with its remaining lines blacked out. ↩ ↩2 ↩3 ↩4 ↩5

  2. Same letter, second page, listing “9 E. 71st Street / New York, NY 10021-4102” as the third of five residences with the fourth and fifth blacked out, and closing: “We have included in our submission a Certification of Identity from our client [redacted], such that records can be released to [redacted] [the client’s] attorney.” The pronoun the letter itself uses for the client is not reproduced here. https://epstein-data.com/EFTA01248965 p.3. ↩ ↩2 ↩3

  3. Handwritten annotation at the foot of the letter’s first page, “31E-MM-108062-255.” https://epstein-data.com/EFTA01248965 p.2. ↩ ↩2

  4. FBI Import Form, Case ID “31E-MM-108062-255,” Title “(U) FOIA REQUEST LETTER,” Date “03/11/2015,” Synopsis “(U) FOIA REQUEST FOR PICTURES, VIDEOS AND DOCUMENTS RELATING TO [redacted].” https://epstein-data.com/EFTA01688359 p.28. Read at the image. ↩ ↩2

  5. FBI Form FD-5, “File - Serial Charge Out,” reading “MAIN VOLUMES IN HQ FOR FOIPA REQUEST” and “1A RED WALLETS IN THE SUPPLY/STORAGE ROOM NEAR MAILROOM ON THE 5TH FLOOR,” printed Date field “10/2013,” with a separate handwritten note “9/5/2014” above it. https://epstein-data.com/EFTA01248965 p.1. Read at the image. ↩ ↩2 ↩3

  6. Martin G. Weinberg to the FBI’s Record/Information Dissemination Section, November 27, 2012, on behalf of Jeffrey Epstein, reopened as FOIPA Request No. 1203982-001 in 2013 with staged releases into 2017, for case file 31E-MM-108062-1A11. https://epstein-data.com/EFTA01690353 p.1 (cited in full at foia-responses-multiple-agencies). ↩

  7. “EXHIBIT A” divider page and the twelve-page FD-302 that follows it, an interview of March 17, 2011, redacted throughout under exemption codes (b)(6) and (b)(7)(C). https://epstein-data.com/EFTA01248965 pp.4-16. ↩ ↩2

  8. Certification of Identity, DOJ Form 361, signed and dated “02/25/15.” https://epstein-data.com/EFTA01248965 p.17. Read at the image. ↩

  9. FBI Electronic Communication, “Request for ELSUR shipment,” From: Miami, Date “09/29/2015,” Case ID “31E-MM-108062-256”: “To address a Freedom of Information Act request, it is requested Miami Division ELSUR Unit ship evidence item 1D1 of captioned matter, one original recording of an interview dated 04/24/07,” addressed to a Government Information Specialist, “FOIPA Unit 4, RIDS, RMD / Room O-19, ICRC Winchester, VA 22602.” https://epstein-data.com/EFTA01688359 p.33. Read at the image. ↩

  10. Mailing envelope bearing the return address of Sharon R. Bock, Clerk & Comptroller, Palm Beach County, Circuit Court Criminal Division, recipient blacked out, postmarked in September. https://epstein-data.com/EFTA01248965 p.18. Read at the image; the year of the postmark is not legible. ↩

  11. “Electronic Court Reporting Witness Log” forms headed “STATE V. [redacted].” https://epstein-data.com/EFTA01248965 pp.19-20. Not read at the image; the extraction is largely illegible handwriting. ↩

  12. Pages 21-30, rendered at the image: solid full-page redaction blocks carrying nothing beyond the file’s standard “CONFIDENTIAL” stamp, page count and Bates number. Page 25 carries a handwritten annotation above the block, “Page 5” and “7/19/06.” https://epstein-data.com/EFTA01248965 pp.21-30. Read at the image. ↩ ↩2

  13. R. Alexander Acosta, United States Attorney, Southern District of Florida, to Denise Coffman, Esq., counsel to the Clerk of Court and Comptroller, 15th Judicial Circuit of Florida, September 6, 2006, “Re: Federal Grand Jury Subpoena”: “I have attached two cases regarding the procedures for obtaining state grand jury transcripts for use in federal grand jury investigations.” https://epstein-data.com/EFTA01248965 pp.31-32. Read at the image (p.31). ↩

  14. Subpoena to testify before grand jury, “FGJ 05-02(WPB)-Fri./No. OLY-17,” commanding production of “[t]apes or transcripts of any and all proceedings… Grand Jury on Wednesday, July 19, 2006… referring or relating to Jeffrey Epstein,” return date August 18, 2006; followed by two published opinions, In re Grand Jury Proceedings, 832 F.2d 554 (11th Cir. 1987), and In the Matter of Subpoena Duces Tecum Directed to… Dillon, 824 F.Supp. 330 (W.D.N.Y. 1992). https://epstein-data.com/EFTA01248965 pp.33-45. ↩

  15. Grand jury subpoena log, “FGJ 05-02 (WPB) Fridays [expiration 2/1/07],” subpoenas OLY-01 through OLY-10, all returnable 08/18/2006, subpoenaed party and records sought blacked out on every row. https://epstein-data.com/EFTA01702617 p.68 (cited in full at operation-leap-year). ↩

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