Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
What's up, everyone, and welcome back to the Epstein Chronicles.
In this episode, we're getting right back to those court
documents and we're going to be taking a look this
time at the protective order that was agreed upon by
the United States, Virgin Islands and JP Morgan Chase. And
you wonder why they wanted this to remain confidential, Well,
it's so the survivors who were suing the USVII right
(00:22):
now as we speak, couldn't get their hands on this information.
That's why they made it confidential. Tell me again, how
Stacy Plaskett and the USVI are the good guys here?
Case number twenty two CV Dash one zero nine zero
four the protective Order, the parties having agreed to the
following terms the confidentiality, and the Court having found that
(00:44):
good cause exists for issuance of an appropriately tailored confidentiality
order governing the pre trial phase of this action. It
is therefore hereby order that any person subject to this order,
including without limitation, the parties to this action, their representatives, agents, experts,
and consultants, all third parties providing discovery in this action,
and all other interested persons with actual or constructive notice
(01:07):
of this order shall adhere to the following terms upon
pain of contempt. One. Any person subject to this order
who received from any other person any discovery material ie
information of any kind provided in the course of discovery
in this action that is designated as confidential pursuant to
the terms of this order, shall not disclose such confidential
(01:27):
discovery material to anyone else, except as expressly permitted Hereunder two.
The person producing any given discovery material may designate as
confidential only such portion of such material as consists of
a previously non disclosed financial information, including, without limitation, profitability
reports or estimates, percentage fees, design fees, royalty rates, minimum
(01:50):
guarantee payments, sales reports, and sales margins. B previously non
disclosed confidential reporting to law enforcement agencies. C previously non
dat disclosed material relating to ownership or control of any
non public company. D previously non disclosed business plans, product
development information or marketing plans. E. Any information of a
(02:12):
personal or intimate nature regarding any individual. F. Any information
maintained by JP Morgan Jay's Bank or its affiliates that
is required to be kept confidential pursuant to the Bank
Secrecy Act, thirty one US Code Section fifty three eleven
two fifty three thirty six or is implementing regulations but
(02:32):
for which the appropriate regulatory authority has authorized disclosure, including
but not limited to the fact that no BSA information exists,
and any information pursuant to US Code thirty one, including
section ten twenty dot three, twenty CFR twelve, section twenty
one dot eleven, section three fourteen A or B of
the Patriot Act, US Code twelve section thirty four fourteen an,
(02:56):
three and three, and any other applicable regulations concerning potential
suspicious activity is not permitted to be produced unless authorized
by the appropriate regulatory authority. G Any information that is
confidential supervisory information of the Board of Governors of the
Federal Reserve System is set forth in twelve CFR Section
(03:17):
two sixty one dot two C. Non public information of
the Office of the Comptroller of the Currency or the
former Office of Thrift Supervision as set forth in twelve
CFR Section four dot thirty two B. Exempt information of
the Federal Deposit Insurance Corporation has set fourth and twelve
CFR Section three on nine dot two, three on nine
dot five, and three on nine dot six and confidential
(03:40):
information of the Consumer Financial Protection Board has set forth
in twelve CFR Section one zero two, and any other
records concerning supervision, regulation, and examination of banks, savings associations,
their holdings, companies and affiliations, and records compiled in connection
with the enforcement responsibilities of federal and state financial regulatory
(04:01):
agencies that is not permitted to be disclosed to a
third party absent consent of the applicable regulator or government agency,
unless authorized by the appropriate regulatory authority. H any other
category of information hereinafter given confidential status by the court. Three.
With respect to the confidential portion of any discovery material
(04:22):
other than deposition, transcripts and exhibits, the producing person or
that person's council may designate such portion as confidential by
stamping or otherwise clearly marking as confidential the protected portion
in a manner that will not interfere with legibility or audibility,
and by also producing for future public use another copy
(04:44):
of said discovery material with a confidential information redacted. For
the avoidance of doubt. Nothing herein is intended to prevent
party from designating the entirety of a given document as confidential.
If the party reasonably believes the entire document falls within
one or more of the categories in paragraph two above.
With respect to deposition, transcripts and exhibits, a producing person
(05:07):
or that person's council may indicate on the record that
a question calls for confidential information, in which case the
transcript of the designated testimony shall be bound in a
separate volume and marked confidential information governed by protective order
by the reporter. Four. If at any time prior to
the trial of this action, a producing person realizes that
(05:28):
some portion of discovery material that person previously produced without
limitation should be designated as confidential, he may so designate
by so apprising all parties in writing, and such designated
portions of the discovery material will thereafter be treated as
confidential under terms of this order. If a party has
disclosed such designated portions of discovery material to anyone other
(05:51):
than the individuals set forth in paragraph five below, that
party shall make reasonable efforts to promptly retrieve such discovery
material and inform any recipient of the terms of the order. Five,
with the exception of the qualifications pertaining to BSA Protected Information, SAR,
protected information, and or CSI protected information. In paragraph six,
(06:12):
No person subject to this order other than the producing
person shall disclose any of the discovery material designated by
the producing person as confidential, excluding any material containing BSA
protected information, SAAR protected information, and or CSI protected information,
to any other person whomsoever, except to a parties of
(06:34):
this action. B Council retains specifically for this action, including
any paralegal, clerical, and other assistant employed by such counsel
and assigned to this matter, c as to any document,
its author, its address, and any other person indicated on
the face of the document as having received a copy
d Any witness who counsel for a party in good
(06:54):
faith believes may be called to testify at trial or
deposition in this action, provided such person as first executed
a non disclosure agreement in the form A next as
an exhibit here too e. Any person retained by a
party to serve as an expert, witness or otherwise provide
specialized advice or services to counsel in connection with this action,
(07:15):
including but not limited to personal jury or trial consultants,
mock jurors, and persons or entities providing litigation support services
such as photocopying, videotaping, translating, preparing exhibits or demonstrations, and processing, hosting, organizing,
storing or retrieving data in any form or medium, and
their employees and subcontractors, provided such has first executed a
(07:39):
non disclosure agreement in the form A next. As an
exhibit here too, F any mediator or other dispute resolution personnel,
or any employee thereof, provided such person has first executed
a non disclosure agreement in the form A next, as
exhibit here too. G insurres reinsurres, insurance adjusters and or
(08:00):
third party administrators of insurance policies that do or may
provide insurance coverage applicable to this action. H stenographers engage
to transcribe depositions conducted in this action, and videographers engaged
to record depositions conducted in this action. And I the
Court and its support personnel. Six. No person subject to
(08:21):
this order shall disclose any BSA protected information, SAR protected information,
and or CSI protected information. Two other persons whomsoever except
to the following persons, consistent with the authorization received from
the appropriate regulatory authority. A. The Government of the US
Virgin Islands and its council, and JP Morgan Chase and
(08:42):
its Council, including any paralegal, clerical, and other assistant employed
by such counsel and assigned to this matter. B Any
witness employed or formally employed by JP Morgan Chase who
counsel for the Government of the US Virgin Islands or
JP Morgan Chase in good faith believes may be called
to testify a trial or deposition in this action, provided
(09:03):
such person has first executed a non disclosure agreement in
the form A next, as an exhibit here too. C
Any person retained by the Government of the US Virgin
Islands or JP Morgan Chase to serve as an expert,
witness or otherwise provide specialized advice to counsel in connection
with this action, provided such person as first executed a
(09:24):
non disclosure agreement in the form A next, as an
exhibit here on. Two D stenographers engaged to transcribe depositions
conducted in this action, and videographers engaged to record depositions
conducted in this action, provided such person as first executed
a non disclosure agreement in the form A next is
exhibit here too. And E the Court and its support personnel. Seven.
(09:48):
Prior to any disclosure of any confidential discovery material to
any person referred to and sub Paragraphs five D, five
V or five F above, such person shall be provided
by Council with a copy of this protective Order and
shall sign a non disclosure agreement in the form and
next as an exhibit here too, stating that the person
has read this order and agrees to be bound by
(10:09):
its terms. Said Council shall retain each signed non disclosure agreement,
hold it in escrow, and produce it to opposing Council,
either prior to such person being permitted to testify at
deposition or trial, or at the conclusion of the case,
whichever comes first. Eight. All confidential discovery material file with
the Court, and all portions of pleading's motions or other
(10:29):
papers filed with the Court that disclose such confidential discovery
material shall be filed under seal with the Clerk of
the Court and kept under seal until further order of
the Court. The parties will use their best efforts to
minimize such sealing. In any event, any party filing a
motion or any other papers with the Court under seal
shall also publicly file or redacted copy of the same
(10:51):
via the Court's electronic case filing system that redacts only
the confidential discovery material itself and not the text. In
no material way reveal the confidential discovery material. Nine. Any
party who either objects to any designation or confidentiality, or who,
by contrast, requests still further limits on disclosure, such as
(11:11):
attorney's eyes only in extraordinary circumstances, may at any time
prior to the trial of this action serve upon Council
for the designating person a written notice stating with particularity
the grounds of the objection or request. If agreement cannot
be reached promptly, Council for all affected persons will convene
a joint telephone call with the Court to obtain a ruling. Ten.
(11:33):
All persons are hereby placed on notice that the Court
unlikely to seal or otherwise afford confidential treatment to any
discovery material introduced in evidence at trial, even if such
material has previously been sealed or designated as confidential. The
Court also retains unfettered discretion whether or not to afford
confidential treatment to any confidential document or information contained in
(11:55):
any confidential documents submitted to the Court in connection with
any motion, location, or proceeding that may result in an
order and or decision by the court. Eleven. Each person
has access to discovery material that has been designated as
confidential shall take all precautions to prevent unauthorized or inadvertent
disclosure of such material. Twelve. If in connection with this litigation,
(12:18):
a party inadvertently discloses information subject to a claim of
attorney client privilege or attorney work product protection, including any
privilege or immunity from production associated with BSA SARE related
information and or CSI inadvertently disclosed information, such disclosure shall
not constitute or be deemed a waiver or forfeiture of
(12:39):
any claim of privilege or work product or such other
applicable protection with respect to inadvertently disclosed information and its
subject matter. For avoidance of doubt, outside of authorization from
an appropriate regulatory authority, the disclosure of BSA SAR related
information and or CSI shall not constitute or be deemed
a waiver or forfeiture of any claim or privilege of
(13:02):
work product, of such other applicable protection with respect to
such information. If a disclosing party makes a claim of
inadvertent disclosure, the receiving party shall not thereafter review the
inadvertently disclosed information for any purpose, except by order of
the Court. The receiving party shall, within five business days,
return or destroy all copies of the inadvertently disclosed information,
(13:25):
and provide a certification of Council that all such information
has been returned or destroyed. Fourteen. Within five business days
of the notification that such inadvertently disclosed information has been
returned or destroyed, the disclosing party shall produce a privileged
log with respect to the inadvertently disclosed information. Fifteen, As
with any information redacted or withheld, the receiving party may
(13:48):
move the Court for an order compelling production of the
inadvertently disclosed information. The motion shall be filed under seal
and shall not assert as a ground for entering such
an order the fact or circumstances of the inadvertent production. Sixteen.
The disclosing party retains the burden of establishing the privileged
or protected nature of any inadvertently disclosed information. Nothing in
(14:11):
this order shall limit the right of any party to
request an in camera review of the inadvertently disclosed information. Seventeen.
This protective order shall survive the termination of the litigation.
Within thirty days of the final disposition of this action,
all discovery material designated as confidential, and all copies thereof,
shall be promptly returned to the producing person, or, upon
(14:33):
permission of the producing person, destroyed for the avoidance of doubt.
Counsel of record in this action shall be permitted to
keep copies of filings and work product that incorporates any
confidential discovery material, so long as counsel continues to treat
such confidential discovery material in accordance with this Order. Eighteen.
This Court shall retain jurisdiction over all persons subject to
(14:55):
this Order to the extent necessary to enforce any obligations
arising hereunder, or to impose sanctions for any contempt thereof.
So stipulated and so agreed. This was signed by Linda
Singer and William Cutler, and the order itself was signed
by Judge Rakoff. All of the information that goes with
this episode can be found in the description box.