EFTA00022146.pdf

Type: pdf
Source set: data-set-8

Extracted text

U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York. New York 10007
January 6, 2020
By Electronic Mail and U.S. Mail
Roberta A. Kaplan
Ka Ian Hecker & Fink LLP
New York, NY 10118
Re:
Request for Information Relating to Jeffrey Epstein
Dear Ms. Kaplan:
I am the Assistant U.S. Attorney ("AUSA") who will be handling the request you
discussed with AUSA
for certain information relating to Jeffrey Epstein. Because
your request seeks information from Department of Justice (the "Department") employees
acquired as part of their performance of their official duties, your request is governed by certain
Department regulations—commonly referred to as Touhy regulations—which, inter alia, prohibit
any Department employee from disclosing such information "without prior approval of the
proper Department official in accordance with §§ 16.24 and 16.25 of this part." 28 C.F.R. §
16.22(a); see also United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951); 28 C.F.R. § 16.21
et seq. The "proper official" in this case is Geoffrey S. Berman, the United States Attorney for
the Southern District of New York. The Touhy regulations provide a set of procedures for the
United States Attorney to follow when considering such requests. See 28 C.F.R. §§ 16.22(b),
16.24.
A party seeking to obtain records or employee testimony from the Department must first
submit a written demand. See 28 C.F.R. § 16.22. To assist the United States Attorney in
evaluating your request, we ask that this demand provide a detailed statement of the information
sought; the litigation for which you seek this information; the pertinence of the information
sought to your litigation; and the availability (or absence) of means in that litigation, including
discovery, to obtain the information in question. See id. § 16.22(d).
The U.S. Attorney will reach a determination regarding your request in light of the
considerations codified at 28 C.F.…

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