EPSTEIN
page 6 / 115 . OCR, unverified
cause
2.
The Co-Executors' Opposition to Motion to Intervene is attached as Exhibit A.
3.
The Magistrate Judge's Order expressly notes "the Court's denial of said Motion [to Intervene] at the February
4, 2020 hearing." See February 26, 2021 Order at fn. I.
4.
Contrary to the Government's representation (Petition at 2 fn. 2), the Court has not granted the Government leave
to file its Second Amended Complaint in the CICO action.
Estate of Jeffrey E. Epstein
Response to Notice of Appeal
Probate No. ST-19-PB-80
Page 3 ofS
we decided to file the Motion To Intervene in order to be able to file the opposition5
which has not been formally filed. It was just filed as an attachment.
THE COURT: You come in as claimant, right, so you would be presented before
the Court."
Exh. B (February 4, 2020 Hrg. Tr.) at 100: 8-19 ( emphasis supplied). Despite Judge Hermon-
Percell 's direction, the Government never filed a claim in these probate proceedings. 6 As the
Magistrate Judge made clear, filing a claim is a prerequisite to pursuing relief in a probate
proceeding.
For the reasons detailed by the Co-Executors in their opposition to the Motion to Intervene,
the Government is required in these probate proceedings to proceed pursuant to the Probate
Division's rules, just as any other claimant would.
2. The Government's Emergency Motion is Moot.
The Government filed its Emergency Motion on February 3, 2021 based on its contention
that the Estate had breached its commitment to fund the EVCP. However, the EVCP is once again
fully funded and has been operating as it had since its implementation. 7 The Government's
application is therefore moot.
ADDITIONAL ISSUES PRESENTED FOR REVIEW
1. Whether the Government's more-than-thirteen (13) months' delay in appealing from the
Magistrate Judge's denial of its Motion to Intervene renders its Petition untimely.
5.
See Government's Opposition to Estate's Motion for Establishment of a Voluntary Claims Resolution Program,
filed January 20, 2020, in which the Government -
alone among all others appearing in these probate
proceedings -
opposed the Co-Executors' effort to establish the Epstein Victims' Compensation Program
("EVCP"), a widely-heralded alternative dispute resolution process to compensate those claiming sexual abuse
by Mr. Epstein. The Magistrate Judge ultimately approved the EVCP by Order dated June 2, 2020.
The Government's assertions that it acts "as a claimant" and "has a claim against the Estate" (Petition at 3) are
belied by its refusal to file such a claim.
7.
See March 12, 2021 EVCP Press Release ("Epstein Victims' Compensation Program to Resume Issuance of
Compensation Offers"), attached as Exhibit C.
. '
Estate of Jeffrey E. Epstein
Response to Notice of Appeal
Probate No. ST-19-PB-80
Page4of5
2. Whether the Government's failure to file a claim in these probate proceedings provides an
additional ground for the Magistrate Judge's ruling that the Government lacked standing
to assert its now-moot Emergency Motion to Immediately Freeze All Estate Assets and
Cash on Hand.
Dated: March 29, 202 1
Respectfully,
Isl Christopher Allen Krob/in
CHRISTOPHER ALLEN KROBLIN, ESQ.
SHARI N. D' ANDRADE, ESQ.
MARJORIE WHALEN, ESQ.
V.I. Bar Nos. 966, 1221 & R2019
KELLERHALS FERGUSON KROBLIN PLLC
Royal Palms Professional Building
9053 Estate Thomas, Suite 101
St. Thomas, V.I. 00802
Telephone: (340) 779-2564
Facsimile: (888) 316-9269
Email:
ckroblin@kellfer.com
sdandrade@kel !fer. com
mwhalen@kellfer.com
Estate of Jeffrey E. Epstein
Response to Notice of Appeal
Probate No. ST-19-PB-80
Page 5 ofS
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that the Position Statement contained in the foregoing Co-
Executors' Response to Government of the United States Virgin Islands' Notice of Appeal and
Petition for Review of Magistrate Judge's Orders complies with the word-count requirements of
V.I. Super. Ct. R. 322(b)(5) (780 words) and that a true and correct copy of this Response was
served via the electronic filing system to:
John H. Benham, Esq.
Law Office of John H. Benham, P.C.
iohn@benhamlawvi.com
Douglas B. Chanco, Esq.
Chanco Schiffer P.C.
doug@csflrm.com
Richard Boume-Vanneck, Esq.
Law Offices of Richard P. Bourne-Vanneck, Esq.
richard@rpbvlawofjices.com
Kevin F. D'Amour, Esq.
Esq.Gaylin Vogel, Esq.
Law Offices of Kevin F. D'Amour, P.C.
kevin. damour@comcast.net
gay/in.vogel@comcast.net
Melody D. Westfall, Esq.
Westfall Law PLLC
mwestfall@westfalllaw.com
Denise N. George, Esq.
Ariel M. Smith, Esq.
Carol Thomas-Jacobs, Esq.
Virgin Islands Department of Justice
denise.george@doi.vi.gov
ariel.smith@doi.vi.gov
carol.iacobs@doi.vi.gov
A. Jeffrey Weiss, Esq.
A.J. Weiss & Associates
ieffweiss@weiss law-vi. net
Sean Foster, Esq.
Maijorie Rawls Roberts, P.C.
sean@mariori erobertspc. com
John K. Dema, Esq.
Law Offices of John K. Dema
idema@demalaw.com
Rosalie Simmonds Ballentine,
Rosalie Simmonds Ballentine, P.C.