EPSTEIN
page 3 / 115 . OCR, unverified
Government moves to freeze the assets of the Estate of Jeffrey E. Epstein based upon its
contention that the Estate has breached its commitment to fund the Epstein Victims'
Compensation Program.
Claimant Alice Poe, by and through A.J. Weiss and Associates (A. Jeffrey Weiss, Esq.,
as counsel), as well as WESTFALL LAW PLLC (Melody Westfall, Esq., as counsel) and Sean
Foster, Esq., attorneys for various sexual abuse claimants, each fi led a Joinder in Support of the
Emergency Motion. 1 Thereafter, on February l 0, 2021 , the Co-Executors of the Estate of
Jeffrey E. Epstein, Darren K. Indyke and Richard D. Kahn, by and through KELLERHALS
FERGUSON KROB LIN P~LC (Christopher Kroblin, Esq., as counsel) filed the Co-Executors'
Opposition to Attorney General 's Emergency Motion to Immediately Freeze All Estate Assets
and Cash on Hand. Subsequently, on February 12, 2021, the Government, by and through
Attorney Thomas-Jacobs, filed the Government's Notice of Complaint Filing Related to
Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand.
WESTFALL LAW PLLC's Joinder in Support of Emergency Motion was filed on February 5, 2021 and on Febrnary
9, 2021; Attorney Foster's Joinder in Emergency Motion to Immediately Freeze All Estate Assets and Cash on
Hand was filed on Februa1y 5, 2021 ; and Claimant Alice Poe's Notice of Joinder in Support of Emergency Motion
to Immediately Freeze All Estate Assets and Cash on Hand was filed on Februa1y 9, 2021. WESTFALL LA w PLLC
also filed a Reply Joinder in Further Support of Emergency Motion on February 22, 2021 .
In the Matter of the Estate of Jeffrey E. Epstein, deceased.
Case No. ST-2019-PB-00080
Order
Page2of3
On February 4, 2020, the Court held a hearing on various motions in this case, including
the Government's Motion to Intervene filed on January 23, 2020. The Motion to Intervene was
argued before the Court on February 4, 2020, on which date the Government was represented
by Attorneys Ariel Smith and Pamela Tepper. After considering arguments from Counsel on
even date, the Court orally denied the Motion to Intervene without prejudice.2 Therefore,
because the Government is not a party to this action and is not permitted to intervene, the
Government does not have standing to move the Court to freeze the Estate's assets and all its
cash on hand. As such, the Court need not address the Government's arguments arising
thereunder.
For these reasons, the Court will use its inherent authority to strike the Emergency
Motion and all responses thereto from the record.3 Accordingly, it is hereby
ORDERED that the: (1) Emergency Motion to Immediately Freeze All Estate Assets
and Cash on Hand filed by the Government of the United States Virgin Islands, by and through
Carol Thomas-Jacobs, Esq., Chief Deputy Attorney General, on February 4, 2021; (2) Joinder
in Support of Emergency Motion filed by WESTFALL LA w PLLC (Melody Westfall, Esq., as
counsel), on February 5, 2021 ; (3) Joinder in Emergency Motion to Immediately Freeze All
Estate Assets and Cash on Hand filed by Sean Foster, Esq., on February 5, 2021; (4) Notice of
Joinder in Support of Emergency Motion to Immediately Freeze All Estate Assets and Cash on
Hand filed by Claimant Alice Poe, by and through A.J. Weiss and Associates (A. Jeffrey Weiss,
Esq., as counsel) on February 9, 2021 ; (5) Joinder in Support of Emergency Motion filed by
WESTFALL LAW PLLC (Melody Westfall, Esq., as counsel) on February 9, 2021; (6) Co-
Executors' Opposition to Attorney General's Emergency Motion to Immediately Freeze All
Estate Assets and Cash on Hand filed by the Co-Executors, DmTen K. Indyke and Richard D.
Kahn, by and through KELLERHALS FERGUSON KROBLIN PLLC (Christopher Allen Kroblin,
Esq., as counsel) on February 10, 2021; (7) Government's Notice of Complaint Filing Related
An Order memorializing this ruling was entered on February 24, 2021, nunc pro tune to the date of the February
4, 2020 hearing.
See, e.g., Der Weer v. Hess Oil V. 1. Corp., 64 V .I. I 07, 126, (V.I. Super. Ct.2016) ("a court has' inherent authority
to strike any filed paper which it determ ines to be abusive or otherwise improper under the circumstances."')
(quoting Sierra v. United States, Civ. No. 97-9329, 1998 U.S. Dist. LEXIS 141 35, at *27 (S.D.N.Y. Sept. 9, 1998)
(unpublished).
In the Matter of the Estate of Jeffrey E. Epstein, deceased.
Case No. ST-2019-PB-00080
Order
Page 3 of3
to Emergency Motion to Immediately Freeze All Estate Assets and Cash on Hand filed by the
Government of the United States Virgin Islands, by and through Carol Thomas-Jacobs, Esq.,
Chief Deputy Attorney General, on February 12, 2021; and (8) Reply Joinder in Fmiher Suppmi
of Emergency Motion filed by WESTFALL LAW PLLC (Melody Westfall, Esq., as counsel) on
February 22, 2021, are STRICKEN from the record; and it is further
ORDERED that a copy of this Order shall be directed to couns 1 of record.
DATED: Februat~
I
ATTEST: