Datasets:
title: DOJ Epstein Files, Data Set 9 (EFTA00187117)
source: DOJ Epstein Files, Data Set 9
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category: DOJ Data Set
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EFTA00187117
RIMINAL COMPLAINT
USAO NUMBER 2006R01181
COURT DOCKET NO.
DJ FILE NO.
CONTENTS OF THIS FILE ARE SUBJECT TO THE PROVISIONS OF THE PRIVACY ACT (5 U.S.C. 552a).
United States Attorney
Southern District of Florida
VISION Northern Crim. 1 COUNTY Palm Beach
FENDANTS:
OPERATION LEAP YEAR
ASSIGNED TO
NATURE OF OFFENSE Internet solicitation;
interstate travel to have sex
with a minor
FENSE COUNSEL:
CODE SECTIONS 18 USC 2422, 2423
GOVT. AGENCY FBI
ZNSE COUNSEL.
STAT. OF LIMITATIONS___
BOND (AMOUNT, DATE AND SURETY)
RAIGNMENT PLEA
E ALSO FILE NO. ___
| RESTINDICT BYINDICTMENTTRIAL | |||
| DATE | CODE | REMARKS | INITIALS |
EFTA00187118
Case Name: U.S. OPERATION LEAP YEAR
Matter #:
USAO#:
18 U.S.C. § 208 is a criminal conflict of interest statute that prohibits me from participating personally and substantially in an official capacity in any particular matter in which I have a financial interest or in which certain persons or
organizations whose interests are imputed to me have a financial interest if the particular matter will have a direct and predictable effect on that interest. This statute is in addition to any state bar professional conduct rules that may apply.
I understand that personal and substantial participation may encompass activities ranging from merely advising on strategy to signing pleadings or trying a case.
5 C.F.R. § 2635.502, the impartiality rules, prohibits me from participating in a specific party matter that I know is likely to affect the financial interests of a member of my household or in which someone with whom I have a covered relationship is or represents a party.
I understand that a particular matter includes both specific party matters, as well as more general matters that focus on an identifiable group (e.g., a policy determination that more resources will be spent pursuing institutions, individuals committing health care fraud).
I understand that financial interest is the potential for gain or loss as a result of governmental action and that such interests typically arise through ownership of stocks or sectored mutual funds, outside
I understand that I have a covered relationship with the following:
anyone with whom I have or seek a business, contractual, or financial relationship;
I understand that those interests imputed to me include those of my spouse, minor children, general partners, any organization in which I serve as officer, director, trustee, general partner or employee, and any person or organization with whom I am negotiating for or have any
I understand that a direct and predictable effect occurs when there is a close causal relationship between the matter and my financial interest or the financial interest held by someone whose interests are imputed to me. The effect may be positive or negative. The magnitude of the gain or loss is immaterial.
a relative with whom I have a close personal relationship;
anyone for whom my spouse, parent or dependent child serves or seeks to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee;
I certify that, to the best of my knowledge, this matter will not directly and predictably affect my financial interests or those interests imputed to me and my participation in this matter with not violate 18 U.S.C. § 208.
anyone for whom I worked in the last year as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee; and
an organization in which I am an active member.
I certify that, to the best of my knowledge, this matter is not likely to affect the financial interest of a member of my household, and no one with whom I have a covered relationship is or represents a party in this matter. Therefore, my participation will not violate S.C.F.R. § 2635.502.
If you cannot certify to the above statement, do not take any action on the case and immediately contact your supervisor or your Ethics Advisor.
I acknowledge my ongoing responsibility to be aware of the potential for conflict or the appearance of a conflict and to disclose any financial or personal interest as described above that would become involved in or be affected by the matter as soon as it is known to me
If you cannot certify to the above statement, do not take any action on the case and immediately contact your supervisor or your Ethics Advisor.
(Printed Name)
EFTA00187119
U.S. ATTORNEY'S OFFICE
SOUTHERN DISTRICT OF FLORIDA CRIMINAL MATTER/CASE INITIATION FORM
USAOID___
MAG NO.___
COURT NO.___
RELATED CASE NO. ___
PARTICIPANTS:
A. OPERATION LEAP YEAR___ D. ___
B. ___
c. ___
SUMMARY OF FACTS: Internet Solicitation – Interstate travel to have sex with a minor.
PRIMARY CHARGE: 18 USC 2422(b), 2423(b)
EST FINANCIAL MAGNITUDE:___
OFFENSE DATE FROM
DATE TO___
PRIORITY: (Check one)
__ N National Priority Only __ B Both National & District Priority
AGENCY INFORMATION:
Who is the investigating agency?
Agency Name: FBI
Agent Name and Telephone Number: S/A / cell
Second Agency Name:
Second Agency's File Number:___
Second Agency's Agent Name and Telephone Number:___
CHECK ALL THAT APPLY:
___ This case involves TRIGGERLOCK Defendant(s)
___ Offense discovered as results of (NICS) Brady ___Yes ___No
___ This case involves Victim(s) Non Government Witnesses ___ or both.
___ Forfeiture of Assets may be involved.
OCDETF Case
Operation Name:___ OCDETF Number: FC/FLS/___
___ Special targets or subjects are involved:
___ Attorneys ___ Police Officers
Public Officials Members of the Medical Profession
Civil Servants
__ Responsibility for the case is shared with DOJ through joint litigation or DOJ required
oversight. (Cases within this category, for which DOJ information must be provided, include all
Tax, Environmental, FDA and Civil Rights Cases)
DOJ File or Tax Division Number:___
DOJ Attorney and Telephone Number:___
REVIEWED FOR ACCURACY & COMPLETENESS; ACCEPTED FOR CASE INITIATION
ASSIGNED TO: AUSA
SUPERVISORY AUSA SIGNATURE:
DATE 5/31/06
USAO 001 (01CRM07a) REV.(08/12/02)
EFTA00187120
PROGRAM CATEGORY {Check ALL categories that apply}
OFFICIAL CORRUPTION
| Description | Code | |
|---|---|---|
| 1 | Fed. Corruption-Procurment (N=ALL) | (011) |
| 2 | Fed. Corruption-Program (N=ALL) | (012) |
| 3 | Fed. Corruption-Law Enforcement (N=ALL) | (013) |
| 4 | Fed. Corruption-Other (N=ALL) | (014) |
| 5 | State Corruption (N=High Officials) | (015) |
| 6 | Local Corruption (N=High Officials) | (016) |
| 7 | Other Official Corruption | (01Z) |
| ORGANIZED CRIME | ||
| 8 | Organized Crime-Traditional | (020) |
| 9 | Organized Crime-Emerging Organizations | (021) |
| WHITE -COLOR CRIME/FRAUD | ||
| 10 | Fed. Procurement Fraud (N=$25,000 +) | (031) |
| 11 | Fed. Program Fraud (N=$25,000 +) | (032) |
| 12 | Tax Fraud (N=DOJ Tax Authorized) | (033) |
| 13 | OFinancial Institution Fraud | (036) |
| 14 | Bankruptcy Fraud (N=$100,000 +) | (037) |
| 15 | Advance Fee Schemes (N=$1000,000 + 10 or more victims) | (038) |
| 16 | Other Fraud Against Business (Credit Card) Fraud | (039) |
| 17 | Consumer Fraud (N=$100,000 + or 25 or more victims) | (03A) |
| 18 | Securities Fraud (N=$100,000 +) | (03B) |
| 19 | Commodities Fraud (N=$100,000 +) | (03C) |
| 20 | Other Investment Fraud (N=$100,000 +) | (03D) |
| 21 | Computer Fraud (N=ALL) | (03F) |
| 22 | Health Care Fraud (N=$25,000 + or bribes) | (03G) |
| 23 | Fraud Against Insurance Providers (N=$100K +/Arson=$250K +) | (03H) |
| 24 | Telemarketing Fraud | (03B) |
| 25 | Insider Fraud Against Insurance Providers (N=ALL) | (03J) |
| 26 | MEWA/MET (Multiple Employer Welfare Arrangements and Multiple Employer Trust Fraud (N=$100,000 +) | (03K) |
| 27 | Antitrust Violations-Airlines | (03M) |
| 28 | Antitrust Violations-Banking | (03N) |
| 29 | Antitrust Violations-Defense Procurement | (03P) |
| 30 | Antitrust Violations-Extraterritorial Application | (03Q) |
| 31 | Antitrust Violations-Financial Markets other than banking | (03R) |
| 32 | Antitrust Violations-Other (if no specific code applies) | (03E) |
| 33 | Other White-Collar Crime/Fraud | (03Z) |
| DRUGS | ||
| 34 | Drug Dealing (N=CCE; RICO; DEA Class I violator; movement of $100,000 +; level 38 drug amounts; large criminal drug trafficking organization) | (040) |
| 35 | Simple Drug Possession (21 :00844 only) | (045) |
| 36 | OCDETF (N-ALL) | (047) |
| CIVIL RIGHTS | ||
| 37 | Other (if no specific code applies) | (050) |
| 38 | Law Enforcement | (05D) |
| 39 | Slavery/Involuntary Servitude | (05E) |
| 40 | Racial Violence | (05F) |
| 41 | Access to Clinic Entrances (18 U.S.C §248) | (05G) |
| 42 | Hate Crimes Sep 11, 2001 Terrorist Attacks on the U.S. | (05H) |
| OPERATION TRIGGERLOCK | ||
| 43 | Firearms cases | (053) |
| 44 | Firearms cases (Brady Violation) | (054) |
| 45 | 18 U.S.C. 922(a)(6), 924(a)(1)(A), 1001 | |
| IMMIGRATION | ||
| 46 | Immigration & Nationality Act | (055) |
| CRIMES AGAINST GOVERNMENT PROPERTY | ||
| DOMESTIC VIOLENCE | ||
| 47 | Crimes Against Government Property | (056) |
| GOVERNMENT REGULATORY OFFENSES | ||
| 48 | Counterfeiting and forgery of U.S. Government Currency or Securities (N=ALL) | (061) |
| 49 | Customs-Duty (N=$25,000/one or $500,000 more than one) | (062) |
| Code | Page Number | |
|---|---|---|
| Customs-Currency | (063) | |
| (N=$25,000/one or $50,000/more than one) | ||
| Energy Pricing & Related Fraud (N=$500,000 or illegal pricing) | (064) | |
| Health & Safety-Employees (N=life endangering) | (066) | |
| Copyright Violations (N=$500,000 + and three or more states) | (069) | |
| Trafficking in Contraband Cigarettes (N=$100,000+) | (06A) | |
| Wildlife Protection | (06B) | |
| Marine Resources | (06C) | |
| Energy Violations | (06D) | |
| Environmental Crime | (06E) | |
| Money Laundering/Structuring (Narcotics) | (06F) | |
| Money Laundering/Structuring (Other) | (06G) | |
| Other Government Regulatory Offenses | (06Z) | |
| INDIAN OFFENSES | ||
| United States had jurisdiction | (065) | |
| INTERNAL SECURITY OFFENSE | ||
| Internal Security | (070) | |
| ANTI-TERRORISM | ||
| International Terrorism | (071) | |
| Domestic Terrorism (N=ALL) | (072) | |
| Terrorism Related Hoaxes | (073) | |
| Terrorist Financing | (076) | |
| OCDETF - Anti-Terrorism/Environment | (07A) | |
| OCDETF - Anti-Terrorism/Identity Theft | (07B) | |
| OCDETF - Anti-Terrorism/Immigration | (07C) | |
| OCDETF - Anti-Terrorism/OCDETF Drugs | (07D) | |
| OCDETF - Anti-Terrorism/Non-OCDETF Drugs | (07E) | |
| OCDETF - Anti-Terrorism/Violent Crime | (07F) | |
| OCDETF - Anti-Terrorism/All Others | (07O) | |
| OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE | ||
| Offenses Involving the Administration of Justice | (074) | |
| INTERSTATE THEFT | ||
| ITSP - 18 U.S.C. 659, 2117, 2314, etc... | (075) | |
| LABOR MANAGEMENT OFFENSE | ||
| Union Official Corruption-Pension, Benefit Funds | (08A) | |
| (N=$25,000) | (08B) | |
| Union Official Corruption-Bribery, Kickbacks (N=$5,000+) | (08C) | |
| Labor Racketeering (N=ALL) | (08C) | |
| Other Labor/Management Offenses | (08Z) | |
| FUGITIVE CRIMES | ||
| Escape, Failure to Appear, Bond Jump | (081) | |
| POSTAL SERVICE CRIMES | ||
| 18 U.S.C. 1708, 1709, 495, 510, etc... | (082) | |
| BANK ROBBERY | ||
| 18 U.S.C. 2113 | (083) | |
| ASSIMILATED CRIMES | ||
| 18 U.S.C. 0007(3), 0013, etc... | (084) | |
| ELECTION FRAUD | ||
| 18 U.S.C. 371, 911, 1341-1343 | (085) | |
| MOTOR VEHICLE CRIMES | ||
| 18 U.S.C. 2312, 2313, etc... | (086) | |
| PORNOGRAPHY/OBSCENITY | ||
| X 18 U.S.C. 2251-2256 (Child Protection Act of 1984) | (087) | |
| 18 U.S.C. 1461-1465 (Obscenity) | (087) | |
| THEFT OF GOVERNMENT PROPERTY | ||
| U.S.C. 641, etc... Excluding white collar under 031-03Z | (088) | |
| OBSCENITY | ||
| 18 U.S.C. 1461, 1465 or U.S.C. 223 | (089) | |
| OTHER CRIMINAL PROSECUTIONS | ||
| X All Others Not Covered Above | (090) | |
| DOMESTIC VIOLENCE |
REGION/DIVISION/SECTION CODES
SOUTHERN REGION
| ECS | ECONOMIC CRIMES SECTION |
| ENS | ENVIRONMENTAL CRIMES SECTION |
| NAH | HIDTA |
| PCS | PUBLIC CORRUPTION SECTION |
| SMP | MAJOR PROSECUTIONS SECTION |
| SNS | NARCOTICS SECTION |
| CRD | CIVIL RIGHTS SECTION |
| EXE | EXECUTIVE DIVISION |
CENTRAL REGION
| CC1 | CENTRAL CRIMINAL ONE |
| CC2 | CENTRAL CRIMINAL TWO |
| OCS | ORGANIZED CRIME |
NORTHERN REGION
| X | NC1 | NORTHERN CRIMINAL I |
|---|---|---|
| ___ | NC2 | NORTHERN CRIMINAL II |
| ___ | FTP | FORT PIERCE OFFICE |
N:\EVasquez\Villafaña, A. Marie - Cases\Operation Leap Year\CASE INITIATION FORMS\Criminal Matter-Case Initiation Form.wpd
EFTA00187121
TRANSMISSION OK
| TX/RX NO |
| CONNECTION TEL |
| SUBADDRESS |
| CONNECTION ID |
| ST. TIME |
| USAGE T |
| PGS. SENT |
| RESULT |
United States Attorney’s Office Southern District of Florida
500 S. Australian Ave., Suite 400
West Palm Beach, FL 33401-6235
DATE: June 1, 2006
ORGANIZATION: USAO/Ft. Lauderdale
SUBJECT: In the Matter of: Operation Leap Year
FROM:
NUMBER OF PAGES, INCLUDING THIS PAGE: 4
COMMENTS: Please see attached case that needs a USAO/LIONS #. If you have any questions or concerns, please feel free to contact me. Thanks!
EFTA00187122
United States Attorney’s Office Southern District of Florida
500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235
DATE: June 1, 2006
TO: Docketing
ORGANIZATION: USAO/Ft. Lauderdale
SUBJECT: In the Matter of: Operation Leap Year
FROM:
NUMBER OF PAGES, INCLUDING THIS PAGE: 4
COMMENTS: Please see attached case that needs a USAO/LIONS #. If you have any questions or concerns, please feel free to contact me. Thanks!
Original document:
___To follow via regular mail
___ To follow via Federal Express
___To follow via interagency mail
___To follow via hand delivery
To follow via email
X Nothing to follow, FAX = original
10,205,641,1431
EFTA00187123
EFTA00187124
U.S. Department of Justice
RECEIVED
Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant or ADR Neutral
MAY 04 2007
Part I - Request for Services
Requisition Official (Name & Tel.)
Signature of Requesting Official
Point of Contact (Name and Tel.)
Date of Request 10/26/2006
Preparer (Name & Tel.)
Originating Office (Name & Address) USAO WPB 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401
Case Name, Court & Gt. Docket No. Operation Leap Year
DJ File No./USAO No.
Contractor (Name and Tel.) Anna Salter, Ph.D. Telephone:
Contractor Mailing Address
Contractor TIN or SSN (individual)
Contractor Specialty Licensed Psychologist NRHCP
Reason for Request (Place an 'X' in the applicable Box in the Left Column)
| 13.a. Expert Testimony on Behalf of U.S. | |
| 13.b. Deposition Conducted by DOJ Attorney | |
| 13.c. Medical Examination of Plaintiff/Witness/Defendant in Contemplation of Testimony on Behalf of U.S. | |
| 13.d. Examination Under 18 USC 4241, Mental Competency to Stand Trial Only | |
| 13.e. Dual Purpose Psychiatric Examination (Time of Offense and Competency to Stand Trial) on the motion of: | |
| 13.f. ADR Neutral Services | |
| 13.g. Litigative Consultant Services | |
| 13.h. Other (explain below): |
Attach the Statement of Work to this Form
- Negotiated Contractor Rates, Estimated Expenses, and Performance Dates (Note: Expenses incurred must be supported by receipts)
| Service/Expense | Performance Dates (From-To) | Hour/Day | Quantity | Rate | Total |
|---|---|---|---|---|---|
| 14.a. Examine Case | $0.00 | ||||
| 14.b. Prepare Testimony | $0.00 | ||||
| 14.c. Court Testimony | $0.00 | ||||
| 14.d. Deposition | $0.00 | ||||
| 14.e. Littigate Consultant/Neutral | 05/07/07 - 06/29/07 | HOUR | 6.00 | 250.00 | $1,500.00 |
| 14.f. Per Diem (if not part of fee) | Day | $0.00 | |||
| 14.g. Privately Owned Vehicle (NTE coach rate) | Mile | $0.00 | |||
| 14.h. Common Carrier Transportation Via GTA | |||||
| 14.i. Common Carrier Transportation Reimbursed | |||||
| 14.j. Miscellaneous |
14.k. Total Estimated Expenses | $1,500.00 |
Submit Invoices & EFT Information to: Attn: Procurement Dept. US Attorneys Office 99 NE 4th St, SIAM 3411, Miami, FL 33132 130574
Payment will be made by (Place an 'X' in the applicable Box and fill-in if not JMD/Finance)
U.S. Department of Justice JMD/Finance Staff Washington, DC 20520-0001
2007 MAY - 3 AM 10:56
RECEIVED
Form OBD-47 (Revised 3-2005)
Previous Editions are Obsolete
Page 1 of 2
EFTA00187125
U.S. Department of Justice
Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral
Contract/Purchase Order No.: 7L-USA-04-0207
Part II – Funding Approval
17. Appropriation Data
17.a. Authorized Amount 1500.00 17.b. YREGDOC G04 10111 17.c. Cost Center 064004 17.d. OBL Month 0705 17.e. Sub Object Code (SOC) 1127
17.f. Remarks
PROG, OTM
Note: The FEW Appropriation (15X0311) shall ONLY be used to fund Witness Services (i.e., items 13.a through 13.e above)
18. Funding Amount (Place an "X" in the applicable Box in the Left Column and fill-in the Amount and Performance Period)
| X | 18.a. Fully Funded This Contract is FULLY FUNDED in the amount specified in Block 18.b to cover the estimated costs of the ENTIRE project whose performance period is specified in Block 18.c. This amount shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer.
| X | 18.b. Amount
#1500.00 | | :--- | :--- | | 18.c. Period (From To) 5/67 - 6/67 |
| X | 18.d. Incrementally Funded This Contract is INCREMENTALLY FUNDED. The total estimated cost of the project is specified in Block 14.k. Currently, funding is provided only in the amount specified in Block 18.e to cover estimated costs incurred during the performance period specified in Block 16.f. The amount specified in Block 18.e shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer.
| X | 18.e. Amount |
|---|---|
| 18.f. Period (From To) |
Reminder: Witnesses are not entitled to Advance Payments.
19. Funding Approval
19.a. Name & Title of Approving Official
19.b. Name & Title of Approving Official
19.c. Date Approved 5/14/07
Part III – Contract
This contract consists of the documents listed below. In the event of any inconsistency among the following documents, such inconsistency shall be resolved in the order in which said documents are listed.
(1) OBD Form 47, Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral, consisting of 2 pages. (2) Attachment 1, Contract Terms, Conditions, and Procedures, consisting of 3 pages. (3) Attachment 2, Statement of Work. (4) The Contractor's proposal, incorporated herein by reference.
By signing this document, the Contractor agrees to perform services as described herein in accordance with the terms, conditions, and rates set forth in this contract.
The Contractor also certifies that, to the best of its knowledge, there is nothing derogatory in the background of its employees that could impugn testimony given by these employees or work products delivered by the Contractor.
This contract shall not become effective until signed by an authorized representative of the Contractor AND the Contracting Officer.
20. Contract Signature
20.a. Signature of Authorized Person
20.b. Name and Title of Signer Anna C Salter Ph.D.
20.c. Date Signed 5/18/07
21. Contracting Officer Signature
21.a. Signature of Contracting Officer
21.b. Name of Contracting Officer
21.c. Date Signed 5/14/07
Previous Editions are Obsolete
Form OBD-47 (Revised 3-2005)
Page 2 of 2
EFTA00187126
U.S. Department of Justice
Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral
Contract/Purchase Order Number: 7L-USA-04-0207
| Attachment 1 – Contract Terms, Conditions and Procedures | |
|---|---|
| A. General Contract Terms and Conditions | |
| A.1 | Inspection and Acceptance. Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and acceptance, and after any rejection, risk of loss will be on the Contract unless loss results from negligence of the Government. |
| A.2 | Invoice Requirements. After services are rendered, the Contractor shall prepare an invoice and submit it to the individual identified in Block 10 of this Contract (page 1 of Form OBD-47). To constitute a proper invoice, the invoice must contain the following information: (i) The name and Taxpayer Identification Number (TIN) of the business entity or individual if an individual has no TIN; the Social Security Number may be used; (ii) The date of the invoice; (iii) A description, itemization, and price for all services rendered and miscellaneous expenses incurred; (iv) The date or the period of time when the services were rendered; and (v) The name, telephone number, and complete mailing address of the responsible official to whom payment is sent. |
| A3 | The invoice must also be accompanied by any travel receipts or receipts for miscellaneous expenses to substantiate the invoice amount. The Government case attorney will certify on the invoice that the services were received and the date the services were accepted. The Government case attorney will then forward the approved Invoice and Form OBD-47 to the appropriate person within the litigating office for further processing. |
| A4 | Payment by Electronic Funds Transfer. The Government reserves the right to make payments to the Contractor via Electronic Funds Transfer (EFT) in accordance with FAR Code 922-334, incorporated by reference into this Contract. If payment is to be made via EFT, the Contractor shall prepare Part I of Form OBD-47A. The form shall be completed by the Contractor and submitted to the address shown in Block 15 of this Contract (page 1 of Form OBD-47). |
| A5 | Interest on Overdue Payment. (i) The Prompt Payment, Public Law 99-177 (96 Stat. 85, 31 U.S.C. 1801, as amended) is applicable to payments under this Contract and requires the payment of interest on overdue payments and improperly taken discounts; (ii) Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act. |
| A6 | Payment Inquiries. All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to the Department of Justice Vendor Assistance Hotline |
| A7 | Use of Taxpayer Identification Number. In accordance with the requirements of the Debt Collection Act of 1996, Public Law 104-134, it is the intent of the Department of Justice to use your Taxpayer Identification Number for purposes of collecting and reporting on any delinquent amounts arising out of your relationship with the Government. |
| A8 | Contractor's Proposal. The Contractor's proposal to furnish the services under this Contract is hereby incorporated by reference into this Contract. In the event of any inconsistency between the Contractor's proposal and this Contract, this Contract shall be considered a superseding document. |
| B. Federal Acquisition Regulation Clauses Incorporated by Reference | |
| This Contract incorporates the following Federal Acquisition Regulation (FAR) clauses by reference, with the same force and effect as if the clauses were given in full text. Upon request, the litigating component's administrative or procurement office will make the full text available. Also, the full text may be accessed centrally at the following Internet address: http://www.amc.gov/far. The effective date of each FAR clause listed below is that which is current at the time this Contract is executed by both parties. | |
| B.1 The following FAR clauses apply to all contracts (the FAR clause number is in the left column and clause title in the right) | |
| 52.225-13 | Restrictions on Certain Foreign Purchases |
| 52.232-7 | Payments under the Payments and Labor-Hour Contracts |
| 52.232-25 | Prompt Payment |
| 52.232-34 | Payment by Electronic Funds Transfer – Other than Central Contractor Registration |
| 52.233-4 | Applicable Law for Breach of Contract |
| 52.243-3 | Changes – Time-and-Materials or Labor-Hours |
| 52.246-6 | Inspection – Time-and-Materials or Labor-Hour |
| 52.249-6 | Termination (Cost Reimbursement), Alternate IV |
| B.2 The following FAR clause is added to the clauses in Block 18.a for those values valued at $100,000 or less | |
| 52.213-4 | Terms and Conditions – Simplified Acquisitions (other than Commercial Items) |
| B.3 The following FAR clauses are added to the clauses in Blocks B.1 and B.2 for those contracts valued at more than $100,000 | |
| 52.202-1 | Definitions |
| 52.203-3 | Graffilities |
| 52.203-5 | Covenant Against Contingent Fees |
| 52.203-6 | Restriction on Subcontractors to the Government |
Previous Editions are Obsolete
Form OBD-47 (CLAUSES) (Revised 3-2005)
Page 1 of 3
EFTA00187127
U.S. Department of Justice
Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral
| 52.203-7 | Anti-Kickback Procedures |
|---|---|
| 52.203-8 | Cancellation, Recision, and Recovery of Funds for Illegal or Improper Activity |
| 52.203-10 | Price or Fee Adjustment for Illegal or Improper Activity |
| 52.203-12 | Limitations on Payments to Influence Certain Federal Transactions |
| 52.204-4 | Printing/Copying Double-Sided on Recycled Paper |
| 52.209-6 | Protecting the Government's Interest when Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment |
| 52.215-2 | Audit and Records-Negotiation |
| 52.219-8 | Utilization of Small Business Concerns |
| 52.222-3 | Convict Labor |
| 52.222-21 | Prohibition of Segregated Facilities |
| 52.222-26 | Equal Opportunity |
| 52.222-35 | Affirmative Action for Disabled and Veterans of the Vietnam Era |
| 52.222-36 | Affirmative Action for Workers with Disabilities |
| 52.222-37 | Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and other Eligible Veterans |
| 52.223-6 | Drug-Free Workplace |
| 52.227-1 | Authorization and Consent |
| 52.227-2 | Notice and Assistance Regarding Patent and Copyright Infringement |
| 52.232-8 | Discounts for Prompt Payment |
| 52.232-17 | Interest |
| 52.232-23 | Assignment of Claims |
| 52.233-1 | Disputes |
| 52.233-3 | Protest After Award |
| 52.237-2 | Protection of Government Buildings, Equipment, and Vegetation |
| 52.242-13 | Bankruptcy |
| 52.244-2 | Subcontracts |
| 52.244-5 | Competition in Subcontracting |
| 52.247-63 | Preference for U.S. Flag Air Carriers |
| C. Other Full Text Clauses | |
| This Contract incorporates one of the following two clauses (C.1 or C.2) depending upon whether the Contract is FULLY FUNDED or INCREMENTALLY FUNDED, as specified in Part II, Block 18 of this Contract (Form OBD-47). This contract also incorporates Clause C.3 which describes required Contractor residency requirements. | |
| C.1 Limitation of Cost | |
| NOTE: This clause applies to FULLY FUNDED contracts. | |
| (1) | The parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified elsewhere in this Contract. The Contractor agrees to use its best efforts to perform the work within the estimated cost specified in the Contract. |
| (2) | The Contractor shall notify the Contracting Officer whenever it has reason to believe that –(1) the costs the Contractors expects to incur under this Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the estimated cost specified in the Contract; or (2) the total cost for the performance of this Contract will be either greater or substantially less than had been previously estimated. |
| (3) | As part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the total cost of performing this Contract. |
| (4) | Except as required by other provisions of this Contract –(1) the Government is not obligated to reimburse the Contractor for costs incurred in excess of the estimated cost specified in the Contract or (2) the Contractor is not obligated to continue performance under this Contract or otherwise incur costs in excess of the estimated cost specified in the Contract, until the Contracting Officer (1) notifies the Contractor in writing that the cost has been increased and (1) provides a revised estimated total cost of performing this Contract. |
| (5) | The Government is not obligated to reimburse the Contractor for any costs in excess of the estimated cost to the Government specified in the Contract, whether those costs were incurred during the course of the Contract or as a result of termination. |
Previous Editions are Obsolete
Form OBD-47 (CLAUSES) (Revised 3-2005)
Page 2 of 3
EFTA00187128
U.S. Department of Justice
Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral
Contract/Purchase Order Number: 7L-USA-04-0207
Contract/Purchase Order Number: 72-OSA-04-0207
C.2 Limitation of Funds
NOTE: This clause applies to INCREMENTALLY FUNDED contracts.
(6) If the estimated cost specified in the Contract is increased, any costs the Contractor incurs before the increase that are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice directing that the increase is solely to cover termination or other specified expenses.
(7) If this Contract is terminated or the estimated cost is not increased, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of costs incurred by each.
C.3 Limitation of Funds
(1) The parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified on Page 2, Part II of this Contract (Form OBD-47) hereof. The Contractor agrees to use its best efforts to perform the work specified in the Contract.
(2) Page 2 of the Contract (Form OBD-47) specifies the amount presently available for payment by the Government and allotted to this Contract and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the Contract up to the full estimated cost to the Government specified in the Contract. The Contractor agrees to perform, or have performed, work on the Contract up to the point at which the total amount paid and payable by the Government under the Contract will be totaled to the amount allotted by the Government to the Contract.
(3) The Contractor shall notify the Contracting Officer whenever it has reason to believe that the costs it expects to incur under this Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the Contract by the Government. The notice state the estimated amount of additional funds required to continue performance for the period specified in the Contract.
(4) Thirty (30) days before the end of the period specified on Page 2 of this Contract (Form OBD-47), the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the Contract or for any further period specified in the Contract and when the funds will be required.
(5) If, after notification, additional funds are not allotted by the end of the period specified on Page 2 of this Contract or another agreed-upon date, upon the Contractor's written request, the Contracting Officer will terminate this Contract on that date in accordance with the provisions of the Termination Officer's Technical Representative (OTR) to the Department Security Officer (DSO) for payment. Each waiver request will be reviewed by the DSO and a determination made on a case-by-case basis.
(6) Except as required by other provisions of this Contract—(1) the Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this Contract; and (2) the Contractor is not obligated to continue performance under this Contract (including actions under the Termination clause of this Contract) or otherwise incur costs in excess of the amount then allotted to the Contract by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this Contract.
(7) The estimated cost shall be increased to the extent that the amount allotted by the Government exceeds the estimated cost specified in the Contract.
(8) Nothing in this clause shall affect the right of the Government to terminate this Contract. If this Contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of cost specified in the Contract equaling the percentage of completion of the work contemplated by this Contract.
C.3 Contractor Employee Residency Requirement
All contractor employees assigned to this contract and working within the United States shall meet the DOJ Residency Requirement. The Residency Requirements state, that for three of the five years immediately prior to applying for a position, the individual must have: (1) resided in the United States; (2) worked for the United States overseas in a Federal or military capacity, or (3) be a dependent of a Federal or military employee serving overseas.
This requirement can be waived for short-term (i.e., those employees performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized or unique skills (for example, interpreters for rare foreign languages). These individuals must be United States citizens or Permanent Resident Aliens. A waiver request from the head of the Component outlining the circumstances along with the requisite cleaning equipment shall be submitted to the Department Security Officer (DSO) for approval. Each waiver request will be reviewed by the DSO and a determination made on a case-by-case basis.
Additionally, a contractor employee who is not a U.S. citizen must be from a country called with the United States. Since the countries on the Allied Countries list are subject to change, the head of the Component shall review the following website for current information:
https://www.lcg.gov/pemployment/citizen.htm
Previous Editions are Obsolete
Form OBD-47 (CLAUSES) (Revised 3-2005)
Page 3 of 3
EFTA00187129
U.S. Department of Justice
Request, Authorization and Contract for Services of Litigative Consultant
Operation Leap Year, 2006R01181
Contract No. 7L-USA-04-0207
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Attachment 2 Litigative Consultant Statement of Work
The United States Attorneys’ Office (USAO) conducts litigation in the Southern District of Florida on behalf of the United States of America. Frequently, there is a need for litigative consultant work prior to a case going to trial and during the trial. When appropriate, and pursuant to guidelines implemented by the Department of Justice, a USAO may enter into agreements with litigative consultants, functioning as independent contractors, to conduct record reviews and data analyses by written report. In this particular case, the USAO has determined that a litigative consultant is in litigation for the government and such services are not available from the agency being represented or from another agency.
Through this statement of work, the USAO is seeking the services of a contractor to review records, analyze data, interview witnesses, and other work pertinent to the case.
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Summary of Case
This case involves the solicitation of more than 12 minors to engage in prostitution and interstate travel to engage in sexual activity with minors. The case currently is under investigation. Four (4) targets have been identified to date.
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Retention
Dr. Anna Salter is needed to serve as a consultant prior to indictment regarding the psychological traits of the defendant, obstacles in interviewing victims of sexual exploitation, and the effects of sexual abuse on victims.
Dr. Anna Salter will be available to commence work for the USAO upon receipt of an executed copy of this Agreement or a verbal notice to proceed. Dr. Anna Salter agrees not to work for any other person or party involved in this case on matters relating to this case for thirty(30) days after she is verbally retained, or upon acceptance of this Agreement, unless notified earlier by the USAO. Should the thirty(30) days lapse without receipt of an executed agreement or notice to proceed, Dr. Salter is free to accept work from any other party.
EFTA00187130
## Scope of Work
Dr. Anna Salter shall provide all plant, labor, material and equipment except as otherwise provided to perform litigative consultant services as required by USAO and in connection with such services agrees to perform such document review, studies and research by written report as an litigative consultant with respect to Dr. Salter's findings.
Dr. Anna Salter may assist the USAO in the obtaining of one or more additional consultants, as needed to support the contractor in person or by written report, who are competent and willing to render a scientifically-supportable opinion and sign an appropriate affidavit, acceptable to the consultant, prepared by the USAO, based upon the findings of the consultant and the facts of the Case.
Dr. Anna Salter must exercise neutrality and maintain independence. Dr. Salter shall determine the manner in which the services are to be performed and the specific hours to be worked by Dr. Salter.
Dr. Anna Salter will be of good professional standing and moral character, generally board eligible or board certified in the area of specialty or having other appropriate qualifications through training or experience; to act as the USAO's litigative consultant in the Case, the rendering of oral and written opinions, the signing of affidavits, and directly consulting with the USAO.
The full scope of Dr. Salter's work will be determined as the matter proceeds, and will be subject to the needs and requests of USAO. Occasionally, the complexity of the case requires more review hours than initially estimated. Any time it becomes apparent to Dr. Salter that she will need to exceed the time and cost estimates provided to complete her work, she will provide USAO with a revised estimate and shall proceed only after being granted permission by USAO.
EFTA00187131
U.S. Department of Justice
Request, Authorization and Contract for Services of Litigative Consultant
Contract No. 7L-USA-04-0207
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Addendum
Attachment 2
Litigative Consultant Statement of Work
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement Dr. Anna Salter shall be and act as an independent Dr. Anna Salter and not an employee of the USAO, thereby incurring all expenses associated with the work, including any overhead and other direct costs not directly related to the performance of this engagement. The USAO will not provide fringe benefits, including health insurance benefits, paid vacations, or any other employee benefit, for Dr. Anna Salter. Dr. Anna Salter shall make no representation as an agent, employee, partner, or joint venturer of USAO. Dr. Anna Salter shall have no authority to bind nor attempt to bind USAO or incur other obligations on behalf of USAO. Dr. Anna Salter is an independent Dr. Anna Salter and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, Workers' Compensation Insurance; and Dr. Anna Salter agrees to defend, indemnify and hold USAO harmless from any and all claims, damages, liability, attorneys' fees and expenses on account of an alleged failure by Dr. Anna Salter to satisfy any such obligations or any other obligation (under this Agreement or otherwise). If Dr. Anna Salter is a corporation, it will ensure that its employees and agents are bound in writing to Dr. Anna Salter’s obligations under this Agreement.
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Confidentiality
Dr. Anna Salter recognizes that the USAO has and will have privileged law enforcement information, as well as non-privileged information obtained from federal agencies and employees, and other proprietary information (collectively "information") which are valuable, special and unique assets of the USAO. Dr. Anna Salter agrees that other than provided by law, will at no time or under any circumstances, directly, or indirectly, divulge, disclose, or communicate such information to a third party, or use it for its own benefit without the prior written permission from the USAO. Dr. Anna Salter may disclose such information to its employees and subDr. Anna Salters, who may be working on the case, in order to facilitate testimony to be provided by the litigative Dr. Anna Salter in person or by written report, unless notified to the contrary by the USAO. Dr. Anna Salter and its employees and subDr. Anna Salters, will protect the information and treat it as strictly confidential.
EFTA00187132
In the performance of services under this contract, Dr. Anna Salter , its employees and/or its subDr. Anna Salters may be required to perform operations, have access to, or handle data which contain sensitive, proprietary, or privacy information or data such as, but not limited to, review or to an individuals’ tax records or medical records (such as patient files or prescription records), or other materials containing individual tax or medical information (such as medical utilization reports from carriers, workers’ compensation claim files, personnel files, or court records which include medical or tax reports). Dr. Anna Salter agrees that the following additional safeguards apply to such information:
1) Dr. Anna Salter shall be responsible for safeguarding the information or data while under the control of or available to Dr. Anna Salter and to prevent it from being compromised, altered, damaged, lost, or improperly disseminated. Dr. Anna Salter shall use such information solely for purposes of the particular court case.
2) Access to any such information or document should be strictly limited to persons with a legitimate and compelling need for that information, such as support staff needed to assist in the preparation of testimony in person or by written report . Dr. Anna Salter shall ensure that any such persons use such information solely or purposes of the particular court case and protect the confidentiality of such information.
3) Dr. Anna Salter shall ensure that all records are maintained securely so that access is strictly limited.
4) At the end of Dr. Anna Salter's engagement in this matter, all copies of such records shall be returned to the USAO.
5) All questions about these safeguards and the records which they cover shall be directed to the AUSA.
6) The confidentiality provisions of this Section hereof shall survive any termination of this Agreement.
## Conflict of Interest
Dr. Anna Salter warrants that he is under no obligation to any other entity that in any way conflicts with this Agreement, that he is free to enter into this Agreement, and is under no obligation to consult for others in matters covered by this Agreement. Dr. Anna Salter shall not, during the term of this Agreement, perform consulting services for others in any related cases within the scope of this Agreement but shall have the right to perform consulting services for others outside the scope of this Agreement.
If, for any reason, the USAO or Dr. Anna Salter determines that Dr. Anna Salter and/or an employee or subDr. Anna Salter of Dr. Anna Salter faces a potential, perceived, or real conflict of interest, the USAO shall notify Dr. Anna Salter or Dr. Anna Salter shall notify the USAO of the potential, perceived, or real conflict of interest and Dr. Anna Salter and/or contract employee or subDr. Anna Salter shall cease all work on or reassign the task or proceed at the discretion of the USAO. At the USAO’s option, Dr. Anna Salter may provide an acceptable replacement.
EFTA00187133
## Government Liability
The United States, its agents, agencies, departments, employees, and/or contracting officials shall not be liable for any injury to Dr. Anna Salter, its subDr. Anna Salters, agents, personnel, or damage to Dr. Anna Salter property unless the injury or damage is due to negligence on the USAO’s part and may be recoverable under the Federal Tort Claims Act.
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Return of Records
Upon termination of this Agreement, Dr. Anna Salter will deliver all records, notes, data or memorandum that was received from the USAO, and are in Dr. Anna Salters possession or under Dr. Anna Salter's control and are the USAO's property or relates to the USAO's business. Dr. Anna Salter may properly destroy this material upon permission of the USAO.
EFTA00187134
U.S. Department of Justice
Required Procurement and Payment Data for Contracts for Services of Expert Witness, Litigative Consultant, or ADR Neutral
Contract/Purchase Order Number: 7L-USA-04-0207
Previous Editions are Obsolete
Form OBD-47A (Revised 3-2005)
Page 1 of 1
EFTA00187135