Document 51

Case 1:19-cr-00490-RMB Document 51 Filed 08/27/19 Page 1 of 4 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 8/27/19 District Judge Richard Berman IN THE SOUTHERN DISTRICT CIRCUIT COURT of NEW YORK FOR THE UNITED STATES OF AMERICA THE UNITED STATES OF AMERICA, Plaintiffs, v. JEFFREY EPSTEIN, Defendants, and: David A. Golden (alias Jeremy Thundercloud/ G.) Intervenor CRIMINAL ACTION NO. 1:19-cr-00490 Motion to Intervene Application respectfully denied. SO ORDERED: Date: 8/27/19 Richard M. Berman Richard M. Berman, U.S.D.J. MOTION TO INTERVENE David Golden (herewith referred to as G.) respectfully moves to Intervene in the action, as this case involves common issues of law and fact that are common with his own case, including criminal fraud and conspiracy. G.'s complaint (No. CV186051 RBL) was filed under the False Claims Act in the District Ct. of Western Washington in December of 2018. DAVID GOLDEN 15151 NW MASON HILL RD NORTH PLAINS, OR 97133 MOTION TO INTERVENE - 1 DOJ-OGR-00000633 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 51 Filed 09/02/20 Page 1 of 5 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 9/2/20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislaine Maxwell, Defendant. 20-CR-330 (AJN) MEMORANDUM OPINION AND ORDER ALISON J. NATHAN, District Judge: On August 17, 2020, Defendant Ghislaine Maxwell filed a sealed letter motion seeking an Order modifying the protective order in this case. Specifically, she sought a Court order allowing her to file under seal in certain civil cases ("Civil Cases") materials ("Documents") that she received in discovery from the Government in this case. She also sought permission to 1 This Order will not refer to any redacted or otherwise confidential information, and as a result it will not be sealed. The Court will adopt the redactions to Defendant's August 17, 2020 letter motion that the Government proposed on August 21, 2020, and it will enter that version into the public docket. The Court's decision to adopt the Government's proposed redactions is guided by the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 119-20. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir.1995) ("Amodeo II")). The Government's proposed redactions satisfy this test. First, the Court finds that the defendant's letter motion is "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). Second, the Court assumes that the common law presumption of access attaches, thereby satisfying the second element. But in balancing competing considerations against the presumption of access, the Court finds that the arguments the Government has put forth--including, most notably, the threat that public disclosure of the redacted sections would interfere with an ongoing grand jury investigation--favor the Government's proposed narrowly tailored redactions. In light of this ruling, the parties are hereby ORDERED to meet and confer with respect to proposed redactions to the Defendant's reply letter, dated August 24, 2020 and the Defendant's August 24, 2020 letter addressing her proposed redactions to the Defendant's August 17, 2020 letter motion. The parties are further ORDERED to submit their proposed redactions no later than September 4, 2020; if the parties cannot agree on their proposed redactions, they shall submit a joint letter to the Court explaining the nature of their dispute. 1 DOJ-OGR-00001747 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 51 Filed 08/27/19 Page 2 of 4 RELIEF REQUESTED Relator/ Intervenor requests seizure of the politically corrupt organization USDOJ; associated with abuses of prosecutorial discretion, fraud, and public corruption. Intervenor has witnessed the same pattern of political/ judicial corruption at work in his own case; and has now identified the same conspiracy at work in this case. FACTUAL BACKGROUND - Intervenor was a licensed engineer and bridge inspector for State of Washington. In 2012/2013, Intervenor filed a whistleblower complaint with the Washington State Auditor's Office. The complaint was escalated to Michael Horowitz's office of the Inspector General (OIG; See EXHIBIT A Case 1:19-CR-00490-RMB hereby attached by Declaration). OIG refused to investigate the complaint. State of Washington fraudulently concealed that it secured funds for fixing the bridges that Intervenor complained about, and misrepresented the safety issue. Intervenor later discovered that State of Washington concealed this information so that “Democrats” and Republicans could launder $70 billion to the Association of General Contractors (AGC) and the labor unions through intervenor's attorneyz. - On 12/27/19, Intervenor filed a False Claims complaint in the District Ct of Western WA under the False Claims Act, seeking $1 billion in damages and qui tam bounty against “Democrats”, Republicans, and his former attorneys for fraud (See EXHIBIT B Case 1:19-CR-00490-RMB hereby attached by Declaration (first 2 pages only)). - On 5/1/13, USDOJ submitted a fraudulent motion to dismiss intervenor's claim (See EXHIBIT C Case 1:19-CR-00490-RMB hereby attached by Declaration), falsely stating that intervenor's allegations “lack sufficient factual and legal support.” - On 5/13/19, Intervenor filed a petition for quo warranto against Bill Barr and other USDOJ attorneys for conspiracy, fraud, obstruction, and perjury (See EXHIBIT D Case 1:19-CR-00490-RMB hereby attached by Declaration). - On 5/14/19, Intervenor had his False Claims complaint fraudulently dismissed by the District Ct., after fraud, perjury, and obstruction were proven against USDOJ (See EXHIBIT E Case 1:19-CR-00490-RMB hereby attached by Declaration). DAVID GOLDEN 15151 NW MASON HILL RD NORTH PLAINS, OR 97133 MOTION TO INTERVENE - 2 DOJ-OGR-00000634 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 51 Filed 09/02/20 Page 2 of 5 reference, but not file, other discovery material that the Government produced in this case. For the reasons that follow, Defendant's requests are DENIED. Under Federal Rule of Criminal Procedure 16(d)(1), a Court may enter a protective order only after it finds that good cause exists. Within this framework, the Federal Rules of Criminal Procedure leave it to the discretion of the Court to determine whether modification of an existing protective order is warranted.2 To make that decision, the Court takes into account all relevant factors, including the parties' reliance on the protective order and whether the moving party has sufficiently substantiated a request to deviate from the status quo in the instant matter. On July 30, 2020, this Court entered a protective order in this case, having determined that good cause existed. Dkt. No. 36. The parties agreed that a protective order was warranted. See Dkt. No. 35 at 1 (“The parties have met and conferred, resolving nearly all the issues relating to the proposed protective order.”). The Defendant's Proposed Protective Order included a provision that stated that all discovery produced by the Government “[s]hall be used by the Defendant or her Defense Counsel solely for purposes of the defense of this criminal action, and not for any civil proceeding or any purpose other than the defense of this action.” Dkt. No. 29, Ex. A ¶ 1(a). That language was included in the Court's July 30, 2020 protective order. See Dkt. No. 36 ¶¶ 1 (a), 10(a), 14(a). Shortly thereafter, the Government began to produce discovery. Upon receipt of some of the discovery, the Defendant filed the instant request, which seeks modification of the protective order in order to use documents produced in the criminal 2 In the civil context, there is a “strong presumption against the modification of a protective order.” In re Teligent, Inc., 640 F.3d 53, 59 (2d Cir. 2011) (citation omitted). Courts in the Second Circuit have applied the standard of protective orders in the civil context to the criminal context. See, e.g., United States v. Calderon, No. 3:15-CR-25 (JCH), 2017 WL 6453344, at *2 (D. Conn. Dec. 1, 2017) (applying the civil standard for the modification of a protective order in a criminal case); United States v. Kerik, No. 07-CR-1027 (LAP), 2014 WL 12710346 at *1 (S.D.N.Y. July 23, 2014) (same). See also United States v. Morales, 807 F.3d 717, 723 (5th Cir. 2015) (applying the standard for “good cause” in the civil context when evaluating whether to modify a protective order entered in a criminal case); United States v. Wecht, 484 F.3d 194, 211 (3rd Cir. 2007) (same). 2 DOJ-OGR-00001748 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 51 Filed 08/27/19 Page 3 of 4 • On 5/15/19, Intervenor had his petition for quo warranto against USDOJ for fraud/ obstruction/perjury dismissed as "moot" (See EXHIBIT F Case 1:19-CR-00490-RMB hereby attached by Declaration). • On 6/6/19, Intervenor identified the conspiracy (the same conspiracy at work in this case) to the District Ct. (Freemasonry/ Rotary; See EXHIBITS G and H (EXHIBIT H affidavit ¶ 12-17) Case 1:19-CR-00490-RMB hereby attached by Declaration). The conspiracy is subject to the unequal application of the laws; and the conspiracy monopolizes the judiciary. • On 6/26/19, the District Court refused to vacate its decision, and threatened Intervenor with sanctions if Relator appealed the decision (See EXHIBIT I Case 1:19-CR-00490-RMB hereby attached by Declaration). Relator appealed. • On 7/27/19, Intervenor sent USDOJ attorneyz the 9th Circuit mediation form (See EXHIBIT J Case 1:19-CR-00490-RMB hereby attached by Declaration), showing the course of action Intervenor intended to pursue on appeal. Intervenor also indicated that he intended to write about USDOJ's unlimited "prosecutorial discretion" to fraudulently dismiss False Claims complaints, as this "prosecutorial discretion" was the same "prosecutorial discretion" exercised by USDOJ and Alex Acosta in the Jeffrey Epstein case. Intervenor also attached an article by the former Deputy Attorney General of the United States (Donald Ayer), indicating that Barr was a "fierce advocate of unchecked presidential power". Intervenor also identified the judge in the District Ct. (formerly presiding over Intervenor's case), as being associated with the conspiracy. • According to newspaper reports, on 7/29/19, Jeffrey Epstein was taken off suicide watch. • According to newspaper reports, on 8/10/19, Epstein was found dead. ARGUMENT Intervention in criminal matters "have been granted in limited circumstances where 'a third party's constitutional or other federal rights are implicated by the resolution of a particular motion, request, or other issue during the course of a criminal case.'" United States v. Collyard, case no. 12cr0058, 2013 WL1346202 at *2 (D. Minn. April 3, 2013 quoting United States v. Carmichael, 342 F. Supp. 2d 1070, 1072 (M.D. Ala 2004). Here, just 3 months prior, Relator filed a petition of quo warranto against Bill Barr/ USDOJ for fraud, perjury, and treason. The judge in the District Ct. denied Relator (and the People) the right to quo warranto, and dismissed Relator's complaint to "moot" the quo warranto proceedings (Relator is entitled to this right under the 9th/10th Amdt.). Further, Relator has been denied constitutional and other legal rights as provided for under the 1st, 4th, 5th, and 14th amendments, the Crime Victims Act, DAVID GOLDEN 15151 NW MASON HILL RD NORTH PLAINS, OR 97133 MOTION TO INTERVENE - 3 DOJ-OGR-00000635 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 51 Filed 09/02/20 Page 3 of 5 case in other civil proceedings. She bases her request on the premise that disclosure of the Documents to the relevant judicial officers is allegedly necessary to ensure the fair adjudication of issues being litigated in those civil matters. But after fourteen single-spaced pages of heated rhetoric, the Defendant proffers no more than vague, speculative, and conclusory assertions as to why that is the case. She provides no coherent explanation of what argument she intends to make before those courts that requires the presentation of the materials received in discovery in this criminal matter under the existing terms of the protective order in this case. And she furnishes no substantive explanation regarding the relevance of the Documents to decisions to be made in those matters, let alone any explanation of why modifying the protective order in order to allow such disclosure is necessary to ensure the fair adjudication of those matters. In sum, the arguments the Defendant presents to the Court plainly fail to establish good cause. The Defendant's request is DENIED on this basis. Indeed, good cause for the requested modification of the protective order is further lacking because, as far as this Court can discern, the facts she is interested in conveying to the judicial decisionmakers in the Civil Cases are already publicly available, including in the Government's docketed letter on this issue. See Dkt. No. 46. In the opening paragraph of her reply letter dated August 24, 2020, the Defendant states that she is essentially seeking to disclose under seal to certain judicial officers the following factual information: 1. Grand jury subpoenas were issued to an entity (“Recipient”) after the Government opened a grand jury investigation into Jeffrey Epstein and his possible co-conspirators; 2. The Recipient concluded that it could not turn over materials responsive to the grand jury subpoena absent a modification of the civil protective orders in the civil cases; 3 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 51 Filed 08/27/19 Page 4 of 4 and the substantial law. Intervenor has been denied these rights so that the conspiracy can continue laundering tax money. Intervenor has already proven that USDOJ/ OIG are politically corrupt federal agencies, as intervenor filed a whistleblower complaint with WA State Auditor and OIG in 2012/2013 because he was worried about structural bridge collapse. As a result of filing this complaint, intervenor had his career and reputation destroyed by OIG, State of WA, and his attorneyz. Relator has already shown that OIG/ USDOJ agencies cannot be trusted as they specialize in fraud and deception (see complaint No CV 18-6051 on Pacer for the entire complaint). CONCLUSION For the foregoing reasons, and the fact that USDOJ and OIG have already been proven by relator to be politically corrupt agencies, G. respectfully requests that the Court approve his motion, and surrender USDOJ to relator. The obstruction of the quo warranto proceedings and the "apparent acquittal" for USDOJ, has resulted in the "apparent suicide" of Jeffrey Epstein while under USDOJ / Bill Barr watch. Relator has already demonstrated/ proven that USDOJ/ OIG are corrupt and assisting Republicans and "Democrats" to launder tax money. Intervenor's motion should be granted. Dated: August 21, 2019 Respectfully submitted, David A. Golden DAVID GOLDEN 15151 NW MASON HILL RD NORTH PLAINS, OR 97133 MOTION TO INTERVENE - 4 DOJ-OGR-00000636 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 51 Filed 09/02/20 Page 4 of 5 3. In February 2019, the Government, ex parte and under seal, sought modification of those civil protective orders so as to permit compliance with the criminal grand jury subpoenas; 4. In April 2019, one court ("Court-1") permitted the modification and, subsequently, another court ("Court-2") did not; 5. That as a result of the modification of the civil protective order by Court-1, the Recipient turned over to the Government certain materials that had been covered by the protective order; and 6. That the Defendant learned of this information (sealed by other courts) as a result of Rule 16 discovery in this criminal matter. With the exception of identifying the relevant judicial decision makers and specific civil matters, all of the information listed above is available in the public record, including in the letter filed on the public docket by the Government on this issue. See Dkt. No. 46. Although this Court remains in the dark as to why this information will be relevant to those courts, so that those courts can make their own determination, to the extent it would otherwise be prohibited by the protective order in this matter, the Court hereby permits the defendant to provide to the relevant courts under seal the above information, including the information identifying the relevant judicial decision makers and civil matters. In addition, the Government has indicated that "there is no impediment to counsel making sealed applications to Court-1 and Court-2, respectively, to unseal the relevant materials." Dkt. No. 46 at 3 n.5. In her reply, the Defendant asserts that she is amenable to such a solution if the Court agrees with the Government that doing so would not contravene the protective order in this case. To the extent it would otherwise be prohibited by the protective order 4 DOJ-OGR-00001750 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 51 Filed 09/02/20 Page 5 of 5 order in this matter, the Defendant may make unsealing applications to those Courts if she wishes. SO ORDERED. Dated: September 2, 2020 New York, New York ALISON J. NATHAN United States District Judge