2009 JUN 15 PM 3:19 SHARON R. BOCK. CLERK FILED PALM BEACH COUNTY. FL CIRCUIT CRIMINAL

# IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY,
FLORIDA

STATE,
vs.
EPSTEIN, JEFFREY E,
Defendant.

FILED
09 JAN 12 PM 1 : 41
PAUL B. BRACH CIVIL & CRIMINAL
CIRCUIT COURT

CASE NO: 2006CF009454AXXX. STATE, EPSTEIN, JEFFREY E, Defendant. NOA TIFIED COM MOTION TO INTERVENE AN SUPPORTING MEMORANDUM OF LAW COMES NOW, Applicant, and requests this Court, pursuant to Florida Rule of Civil Procedure 1.230, for leave to intervene as a party in Mr. Epstein's criminal matter for the following reasons: 1. Applicant's intervention is in subordination to, and in recognition of, the propriety of the main proceeding.

	- Applicant stands to either gain or lose by the court's direct legal operation and effect of judgment in the pending matter.

3. Applicant is not injecting a new issue into the pending matter.

4. Applicant's motion to intervene is timely.

5. Defense counsel, Robert Critton, Jr. in the civil matter, does not object to Applicant's motion, but Plaintiff's counsel has not heard back from Defendant Epstein's criminal counsel, Jack Goldberger as to whether he opposes this motion.

## MEMORANDUM OF LAW

Anyone claiming an interest in pending litigation may at any time be permitted to assert a claiming an interest in pending litigation may at any time be permitted to

right by intervention, but the intervention shall be in subordination to, and in recognition of, the intervention, but the intervention shall be in subordination to, and in recognition

propriety of the main proceeding, unless otherwise ordered by the court in its discretion. of the main proceeding, unless otherwise ordered by the COPY court in its discretion.

Fla.R.Civ.P. 1.230. "A person seeking leave to intervene must claim an interest of such a direct 1.230. "A person seeking leave to intervene must claim an interest of such a

and immediate character that the intervenor will either gain or lose the direct legal operation character that the intervenor will either gain or lose the direct legal

and effect of the judgment." Litvak v. Scylla Properties, of the judgment." Litvak v. Scylla Properties, 946 So.2d 1165, 1172 (Fla. 5th 946 So.2d 1165, 1172 (Fla.

DCA 2006). Additionally, “an intervenor my not inje new issue into the case." Additionally, “an intervenor my not inje new issue into the case."

Environmental Confederation of Southwest Flor Confederation CERNED of Southwest Flor Inc., v. IMC Phosphates, Inc., 857 So.2d Inc., v. IMC Phosphates, Inc., 857
207, 211 (Fla.1st DCA 2003). "An intervention is thus only appropriate where the issue the (Fla.1st DCA 2003). "An intervention is thus only appropriate where the issue

intervenor raises are related to the case being litigated." Racing Properties, L.P., v. Baldwin, 885 raises are related to the case being litigated." Racing Properties, L.P., v.

So.2d 881, 883 (Fla. 3rd DCA 2004).) 883 (Fla. 3rd DCA 2004).)

Once the trial court determines that the intervenor's interest is sufficient, it exercises its the trial court A determines that the intervenor's interest is sufficient, it exercises

discretion to determine whether to permit intervention. Union Cent. Life Ins. Co. v. Carlisle, 593 to determine whether to permit intervention. Union Cent. Life Ins. Co. v.
OF
So.2d 505, 507 507 1992). "In deciding this question the court should consider a number of 1992). "In deciding this question the court should consider a number

factors, including the derivation of the interest, any pertinent contractual language, the size of the the derivation of the interest, any pertinent contractual language, the

interest, the potential for conflicts or new issues, and any other relevant circumstance.” Id.

Finally, an intervention is generally considered timely if it is made before a final decree has been

entered. See Technical Chemicals And Products, Inc., v. Porchester Holdings, Inc., 748 So.2d

1090, 1091 (Fla. 4th DCA 2000).

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Applicant's proposed intervention is subordinate and in recognition of the propriety of

the main proceeding. Additionally, Applicant will not inject any new issue into Mr. Epstein's

criminal case. In fact, Applicant's intervention is for the limited purpose of joining already

intervening parties "and "the Palm Beach Post" in their arguments regarding the sealed

Federal non-prosecution agreement in Mr. Epstein's criminal file. Finally, Applicant's interest is non-prosecution agreement in Mr. Epstein's criminal file. Finally, Applicant's

of such a direct and immediate character that the Applicant stands to either gain or lose by the a direct and immediate character that the Applicant stands to either gain or lose

court's judgment in the pending matter. The Applicant currently has a civil complaint against judgment in the pending matter. The Applicant currently COPY has a civil complaint

Mr. Epstien regarding allegations similar to those in this pending criminal mater. The sealed Epstien regarding allegations similar to those in this pending criminal mater. The

document may contain discoverable information or may lead to the discovery of new relevant may contain discoverable information or may lead to the discovery of new

information. See Fla.R.Civ.P. 1.280(b)(1). Additionally, See Fla.R.Civ.P. 1.280(b)(1). Additionally, document may contain valuable document may contain

impeachment information that the Applicant would end to use if the Applicant's civil case information that the Applicant would end to use if the Applicant's civil

proceeded to trial. to trial. CERTINED
respectfully requests the Court grant| respectfully grant|

WHEREFORE, WHEREFORE, Applicant, Applicant,

intervene in the pending criminal matter. in the pending criminal matter.

requests the Court

motion to

A
NOT

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3

## CERTIFICATE OF SERVICE

HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this |_ day of June, 2009 to Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, Jr., Michael J. 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401. OPY

NOT A CERTIFI

LEOPOLD~KUVIN, P.A.
2925 PGA Boulevard
Suite 200
Palm Beach Gardens, FL 33410
(561) 515-1400
(561) 515-1401 (Facsimile)
By: <signature>
SPENCER T. KUVIN, Esq.
Florida Bar No.: 089737

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documents/doj-dd432562f60c1d24.pdf
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