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The Report And Recommendation To Allow The Survivor Suit Against The FBI To Proceed (Part 1) (8/23/26) · The Vault: The Epstein Files

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  Speaker 1: What's up, everyone, and welcome to another episode of the
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  Speaker 1: Epstein Chronicles. In this episode, we're going to take a
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  Speaker 1: look at the report and recommendation by David S. Leebelwitz,
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  Speaker 1: who's the United States District judge who is tasked with
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  Speaker 1: the responsibility of figuring out if the survivor's lawsuit that
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  Speaker 1: was filed against the FBI had enough merit to move forward,
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  Speaker 1: and according to Judge Lebelwitz, it did. So we have
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  Speaker 1: that report and recommendation right here and we're going to
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  Speaker 1: dive in. Jane do One, et cetera. Plaintiffs first, United
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  Speaker 1: States of America Defendant Report and Recommendation. This cause comes
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  Speaker 1: before the Court on Defendant's motion to dismiss Plaintiff's fourth
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  Speaker 1: amended complaint, which was referred to the Undersigned by the
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  Speaker 1: United States District Judge David Lebowitz. For the reason set
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  Speaker 1: forth below. The Undersign recommends that the motion be denied
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  Speaker 1: and that the District Judge allow a limit period of
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  Speaker 1: jurisdictional discovery. One background. This is a negligence case against
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  Speaker 1: the United States brought by numerous sexual abuse victims of
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  Speaker 1: Jeffrey Epstein. The Court accepts the following facts are true.
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  Speaker 1: Taken from the plaintiff's fourth amended complaint. A. Maria Farmer
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  Speaker 1: reports Epstein in New York. In nineteen ninety six, Maria
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  Speaker 1: Farmer contacted an FBI agent in New York and reported
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  Speaker 1: that Epstein had sexually assaulted her, that he possessed child
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  Speaker 1: sexual abuse material, and that he had sexually abused in
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  Speaker 1: traffic numerous young girls. At the end of the conversation,
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  Speaker 1: Farmer asked the FBI agent if she should report Epstein
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  Speaker 1: to anyone else, including any other law enforcement agencies. The
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  Speaker 1: FBI agent instructed Farmer not to share her report with
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  Speaker 1: anyone else. Based on this conversation, Farmer believed that the
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  Speaker 1: FBI agent would help her and investigate her allegation. In
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  Speaker 1: accordance with the agent's instruction, Farmer did not contact any
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  Speaker 1: other law enforcement agency about Epstein or is associate. The
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  Speaker 1: FBI agent never followed up on Farmers allegations. Plaintiff's allege
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  Speaker 1: that FBI agents knew or should have known, that their
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  Speaker 1: failure to investigate Farmers allegations would create an unreasonable risk
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  Speaker 1: of harm to other victims, including plaintiffs. Plaintiffs alleged that
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  Speaker 1: the FBI agents created a foreseeable zone of risk to
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  Speaker 1: future Epstein victims, including themselves, by failing to investigate farmers
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  Speaker 1: credible allegations b FBI agents in unidentified States ignore additional
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  Speaker 1: tips and red flags. Between nineteen ninety six and two
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  Speaker 1: thousand and five, FBI agents in unidentified States continued to
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  Speaker 1: receive additional reports, complaints, and tips concerning Epstein's criminal activities,
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  Speaker 1: including a llegal sex trafficking of women and miners, sexual abuse,
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  Speaker 1: and human rights violations. In response, FBI agents fel to
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  Speaker 1: act upon and investigate these complaints and tips, and failed
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  Speaker 1: to follow internal protocols for sex trafficking investigations. FBI agents
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  Speaker 1: also failed to investigate numerous red flags, including the following.
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  Speaker 1: In October of two thousand and two, a New York
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  Speaker 1: Magazine article reported that Epstein is frequently seen around town
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  Speaker 1: with a bevy of comely young women. In two thousand
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  Speaker 1: and two, federal authorities gave Epstein clearance to travel on
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  Speaker 1: his private plane to Africa with former President of the
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  Speaker 1: United States, as well as a famous actor and several
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  Speaker 1: young women. Epstein's office frequently initiated passports and visas for
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  Speaker 1: young women and underage girls for the purpose of sex
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  Speaker 1: trafficking them. Epstein frequently requested new passports, reported lost passports,
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  Speaker 1: and used multiple passports for traveling. See Audre Christiansen reports
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  Speaker 1: Epstein to the FBI agents in an unidentified state. At
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  Speaker 1: some point prior to two thousand and five, Epstein sexually
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  Speaker 1: abused in trafficked plaintiff Audra christians In two thousand and five,
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  Speaker 1: Plaintiff Christiansen sought help from Hugh Hefner, the founder of
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  Speaker 1: Playboy magazine. Thereafter, in two thousand and five, Hefner contacted
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  Speaker 1: FBI agents multiple times in an unidentified state to report
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  Speaker 1: that Epstein had traffic then abused Plaintiff Christiansen. An FBI
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  Speaker 1: agent spoke to Hefner and explained that the FBI would
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  Speaker 1: investigate the allegations and help Plaintiff Christianensen. Relying on the
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  Speaker 1: FBI to investigator claims, Plaintiff Christiansen did not contact other
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  Speaker 1: law enforcement agencies. FBI agents did not follow up on
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  Speaker 1: Plaintiff Christiansen's allegations until fifteen years later, when FBI agents
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  Speaker 1: finally interviewed her. Plaintiff's alleged that FBI agents knew or
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  Speaker 1: should have known that their failure to follow up on
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  Speaker 1: Plaintiff Christiansen's allegations would create an unreasonable risk of harm
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  Speaker 1: to future victims, including other plaintiffs. Plaintiff's further alleged that
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  Speaker 1: FBI agents created for seeables on a risk uture Epstein victims,
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  Speaker 1: including themselves, by failing to investigate Plaintiff Christiansen's allegations more
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  Speaker 1: quickly d the two thousand and six FBI investigation in Florida,
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  Speaker 1: in March of two thousand and five, a woman contacted
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  Speaker 1: the pom Beach Police Department to report that a fourteen
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  Speaker 1: year old girl had been recruited to Epstein's home for
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  Speaker 1: a sexual massage in exchange for money. The pom Beach
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  Speaker 1: Police Department promptly launched an investigation that included trash runs,
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  Speaker 1: witness interviews, and execution of a search warrant at Epstein's
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  Speaker 1: pom Beach home. The investigation uncovered compelling evidence that Epstein
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  Speaker 1: and others had recruited miners to travel to Epstein's pom
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  Speaker 1: Beach home to give them massages and engage in sexual activity.
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  Speaker 1: In July of two thousand and six, the pom Beach
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  Speaker 1: Police Department referred the case to the FBI's West Palm
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  Speaker 1: Beach Field office, which opened the case on July twenty fourth,
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  Speaker 1: two thousand and six. Plaintiff's allege that FBI agents thereafter
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  Speaker 1: conducted a negligent investigation marked by numerous defects, including, but
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  Speaker 1: not limited to, the following failure to interview or contact
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  Speaker 1: all victims, even though FBI agents had their names and
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  Speaker 1: telephone numbers. Failure to secure assigned statement from each victim
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  Speaker 1: as required by FBI protocol, failure to secure all possible
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  Speaker 1: evidence to corroborate the statements of victims as required by
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  Speaker 1: FBI protocols, making victims feel like they the victims had
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  Speaker 1: done something wrong or illegal during victim interviews. In two
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  Speaker 1: thousand and seven, federal prosecutors in the Southern District of
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  Speaker 1: Florida declined to bring federal charges against Epstein instead. On
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  Speaker 1: September twenty fourth, two thousand and seven, the US Attorney's
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  Speaker 1: Office for the Southern District of Florida entered into a
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  Speaker 1: non prosecution agreement with Epstein. The agreement called for Epstein
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  Speaker 1: to plead guilty to one state charge for solicitation of
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  Speaker 1: a minor and served thirteen months in state jail. Epstein
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  Speaker 1: was allowed to leave the jail every day for work release.
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  Speaker 1: While on work release, Epstein continued to sexually abuse women
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  Speaker 1: and teenagers despite the non prosecution agreement. FBI agents thereafter
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  Speaker 1: sent numerous letters to Epstein's victims in October two thousand
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  Speaker 1: and seven, January two thousand and eight, and May two
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  Speaker 1: thousand and eight, claiming the case was currently under investigation.
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  Speaker 1: This representation was false, as the case had ended with
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  Speaker 1: the non prosecution agreement. By sending these letters, FBI agents
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  Speaker 1: misled victims to believing federal prosecution was still a possibility.
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  Speaker 1: The victims relied on the FBI's misrepresentation that it was
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  Speaker 1: continuing to investigate Epstein the twenty nineteen investigation and arrest
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  Speaker 1: in New York. Following the release from state jail under
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  Speaker 1: the non prosecution agreement, Epstein continued to sexually assault underage
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  Speaker 1: girls up to the date of his eventual arrest in
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  Speaker 1: twenty nineteen. On July sixth, twenty nineteen, FBI agents finally
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  Speaker 1: arrested Epstein on federal sex trafficking and conspiracy charges resulting
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  Speaker 1: from an investigation in the Southern District of New York.
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  Speaker 1: On August tenth, twenty nineteen, approximately one month after his arrest,
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  Speaker 1: Epstein died in prison from an apparent suicide. As a result,
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  Speaker 1: Epstein never went a trial on federal sex trafficking charges.
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  Speaker 1: F toward claims, plaintiffs alleged that Epstein sexually abused each
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  Speaker 1: of them on various occasions between ninety six and twenty seventeen.
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  Speaker 1: Plaintiffs alleged that employees of the FBI and Department of
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  Speaker 1: Justice owe them the duty of care on two basis.
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  Speaker 1: First that these employees voluntarily undertook a duty to protect
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  Speaker 1: them from Epstein, and second, that these employees created a
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  Speaker 1: foreseeable zone of risk that gave rise to a legal
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  Speaker 1: duty to prevent Epstein from harming plaintiffs. According to plaintiffs,
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  Speaker 1: FBI agents reached these legal duties in numerous ways, including
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  Speaker 1: the following a Failing to properly investigate or follow up
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  Speaker 1: Henria Farmer's report in ninety six. B Failing to properly
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  Speaker 1: respond to tips and reports regarding sex trafficking of miners
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  Speaker 1: and sexual abuse of miners from ninety six to two
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  Speaker 1: thousand and five. C Failing to investigate or follow up
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  Speaker 1: on plaintif Christiansen's allegations of sexual abuse and trafficking in
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  Speaker 1: two thousand and five. D Failing to follow up and
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  Speaker 1: investigate reports and tips of suspicious banking activity from financial institutions,
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  Speaker 1: including payments to minor girls. E Failing to properly investigate
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  Speaker 1: evidence provided by the Palm Beach Police Department. F Negligently
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  Speaker 1: failing to investigate Sea Sam during the two thousand and
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  Speaker 1: five raid of Epstein's Pombeach home. G Negligently failing to
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  Speaker 1: investigate Sea Sam during the two thousand and five raid
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  Speaker 1: of Epstein's Pombach home. H Negligently failing to interview and
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  Speaker 1: assist the vict whose name was mentioned in important messages
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  Speaker 1: from two thousand and one to two thousand and five.
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  Speaker 1: I Negligently permitting Epstein to be a judge at a
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  Speaker 1: beauty pageant in the US Virgin Islands in two thousand
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  Speaker 1: and seven despite impending charges of sex trafficking of miners
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  Speaker 1: and sexual abuse. JAY Negligently permitting Epstein sex trafficking miners
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  Speaker 1: and young women via the clearing of background checks for
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  Speaker 1: passengers on Epstein's private jet. K Ignoring reports of violence
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  Speaker 1: and threats to victims if they cooperated with authorities. L
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  Speaker 1: ignoring reports of child sex trafficking, m ignoring evidence of
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  Speaker 1: miners procuring other miners for sex abuse, n prematurely closing
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  Speaker 1: an FBI file in the face of evidence of sex
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  Speaker 1: trafficking and sexual abuse of miners, OH, ignoring reports of
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  Speaker 1: suspicious banking activities, p ignoring c SAM and child pornography,
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  Speaker 1: q Failing to follow up on improper issuing of passports
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  Speaker 1: and passport Federal passport fraud plaintiffs allege that the negligent
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  Speaker 1: conduct of FBI agents cause them to suffer injuries. Specifically,
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  Speaker 1: they allege that, but for FBI agents failure to comply
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  Speaker 1: with their mandatory obligation to investigate and intervene based on
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  Speaker 1: the information they received, Epstein would not have been able
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  Speaker 1: to continue to commit further crimes, including those committed against plaintiffs.
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  Speaker 1: Based on the above, plaintiffs bring two counts of negligence
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  Speaker 1: under the Federal Tort Claims US Code twenty eight, Section
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  Speaker 1: twenty six seventy one FTCA as follows, negligence under the
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  Speaker 1: voluntary Undertaking doctrine two negligence under the zone of risk doctrine.
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  Speaker 1: Plaintiffs seek three hundred and twenty million in compensentory damages
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  Speaker 1: as well as other relief. All right, we're going to
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  Speaker 1: wrap up episode one right here, and in the next
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  Speaker 1: episode we're picking up with two legal standard. All the
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  Speaker 1: information that goes with this episode mode can be found
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  Speaker 1: in the description box.