34 East 69th Street
A property held in US government custody as Iranian sovereign real estate that Epstein leased from the State Department at below-market terms, sublet without authorization generating a profit spread, and became the subject of federal litigation that produced under-oath financial testimony now absent from the public record.
34 East 69th Street is a five-story Upper East Side townhouse legally owned by Iran and held in US custody under the Foreign Missions Act of 1982 (22 U.S.C. § 4305(c)). The State Department's Office of Foreign Missions (OFM) leased the property to Jeffrey Epstein beginning February 1, 1992 at $15,000 per month. Analysis of court records indicates the rent was below prevailing market rates for a comparable property at that time 1. In 1996, Epstein sublet the property without OFM's required written consent to criminal defense attorney Ivan Fisher at $20,000 per month 2. The government sued for ejectment under case 96 CIV 8307 (S.D.N.Y.), and Judge Denny Chin granted summary judgment in April 1998 3.
The litigation produced financial discovery subject to a protective order barring the government from using it in any other proceeding 4. In 2007, during the Florida sex trafficking investigation, an AUSA sought Epstein's deposition transcript from the case but the transcript could not be located in either the USAO file or the court file 5. The protective order would have barred use of the financial discovery in the Florida matter regardless. Epstein's sworn financial testimony from approximately 1997 has not surfaced publicly.
Property Background and Lease Arrangement
The property at 34 East 69th Street is a five-story townhouse measuring 21 feet wide by 100 feet deep, situated two blocks north of Jeffrey Epstein's primary residence at 9 East 71st Street. Title vests in Iran as sovereign property; under 22 U.S.C. § 4305(c), the United States holds it in custodial status and the Office of Foreign Missions manages it commercially to generate funds for maintenance 3. Analysis of court filings indicates OFM administered 16 such custodial properties at program inception, and that this arrangement is legally distinct from the Alavi Foundation / 650 Fifth Avenue forfeiture, which operated under OFAC's IEEPA authority 1.
Epstein's lease commenced February 1, 1992 at $15,000 per month 3. The lease was extended August 28, 1992 for three further years through January 31, 1997, with a right of first refusal for Epstein's personal use 3. Review of the court record indicates the rent was below prevailing market for a five-story Upper East Side townhouse in 1992. The lease originated during Secretary of State James Baker's tenure. Review of records available for this case does not identify the OFM official who approved the arrangement or who referred Epstein to the program 1.
Legal Proceedings: 96 CIV 8307
In April 1996, Epstein was negotiating with Xenophon Galinas to assign the lease 2. Galinas separately contacted OFM and obtained a letter agreement dated April 12, 1996 for a new five-year lease at $16,000 per month starting February 1, 1997, expressly conditioned on Epstein not exercising his right of first refusal for personal use 2. Four days later, on April 16, 1996, Epstein notified OFM he intended to exercise that right — then sublet the property to criminal defense attorney Ivan Fisher at $20,000 per month instead, generating a $5,000 monthly spread. The Galinas arrangement had included a $100,000 payment to Epstein for improvements. OFM official Thomas E. Burns formally denied the sublease request by letter dated April 26, 1996 2.
The government filed suit as United States v. Epstein et al., 96 CIV 8307 (S.D.N.Y.) 6. The Second Amended Complaint (EFTA01324981, filed December 17, 1997, 22 pages) named Jeffrey E. Epstein, Ivan S. Fisher, Fisher's law partnership Fisher & Soffer, Fisher's wife Diane Fisher d/b/a The Fisher Group, partner Ron Soffer, and twelve individual subtenants — all attorneys operating law practices from the former Iranian diplomatic residence. Fisher had converted the five-story townhouse into a multi-occupant law office with at least three separate firms 7.
Counsel of record: for the government, U.S. Attorney Mary Jo White (SDNY) with AUSA Serene K. Nakano as case handler; for Epstein, Steven J. Cohen of Wachtel & Masyr LLP and Jeffrey A. Schantz as transaction counsel for J. Epstein & Company Inc.; for Fisher, G. Robert Gage Jr. and Ellen J. Casey of Gage & Pavlis; Ellen Yaroshefsky also appeared for Wachtel & Masyr. OFM contact for lease negotiations was Richard Massey 8.
Judge Denny Chin issued two rulings. On February 19, 1998, he entered a protective order (1998 WL 67676) holding that the government could not use confidential financial discovery from this case in any other proceeding: "The Government may not use confidential information produced in discovery pursuant to the protective order for any purpose other than prosecuting this lawsuit, absent further order of the Court" 4. On April 1, 1998, Chin granted the government's motion for partial summary judgment on ejectment (1998 WL 159055, later published at 27 F.Supp.2d 404 (S.D.N.Y. 1998)), holding that the lease unambiguously required prior written consent for subletting, that any alleged oral consent by OFM was invalid as a matter of law, and that OFM could withhold consent "for a good reason, a bad reason, or no reason at all" — noting "the sensitive political considerations that often come into play when governmental property, such as the property here in issue owned by Iran, is involved" 3. The eviction order was served July 16, 1998; marshals confirmed tenants had vacated 9. The main case terminated March 17, 1999 with a last filing August 12, 1999 6. A companion case, Epstein v. Fisher, 97 CIV 1489, terminated March 31, 2000 6.
The full DOJ EFTA file for this case (Dataset 10, document range EFTA01324981–EFTA01325025) comprises at least six discrete items: the Second Amended Complaint, a government motion for partial summary judgment against Diane Fisher and Ron Soffer, the ejectment opinion, the protective order ruling, and two 2007 email chains concerning a deposition request 6.
The Missing Deposition and 2007 Recontact
In 2007, during the Florida sex trafficking investigation of Jeffrey Epstein, an AUSA in the Southern District of Florida (West Palm Beach) contacted SDNY AUSA Serene Nakano, who had litigated 96 CIV 8307. In the email chain 1011, Nakano described the case as "my infamous landlord-tenant case" and reported "a very vague memory of deposing" Epstein. The Florida AUSA sought the deposition transcript as a source of under-oath financial testimony by Epstein from approximately 1997 5.
Three obstacles blocked use of the material. First, Judge Chin's 1998 protective order barred the government from using any confidential financial discovery from the case in other litigation, and the Florida AUSA acknowledged: "if a depo even exists, I can review it, but I can't use it in connection with any other litigation" 4. Second, the USAO's closed file was retrieved but contained no deposition transcript 5. Third, the court file was separately copied but also lacked the transcript 5. The deposition — if it was taken — has not appeared in any public record, FOIA release, or court filing since.
Key Relationships
Ivan Fisher was the direct sublessee of 34 East 69th Street under the unauthorized arrangement Epstein constructed in 1996 2. Fisher converted the former Iranian diplomatic residence into a multi-occupant law office and became the primary defendant alongside Epstein in the federal ejectment action 7. His wife, Diane Fisher d/b/a The Fisher Group, and his partner Ron Soffer were also named as defendants. The protective order entered by Judge Chin in this case later restricted government use of the financial discovery in other proceedings, including the Florida investigation 74.
Landon Thomas Jr. is connected to this address node in the investigation database through a financial relationship reflecting his role in the Epstein network. Documentary evidence from the email corpus shows Thomas traded favorable New York Times coverage for access to the Epstein network and provided Epstein with intelligence about third parties including Donald Trump Connection #1761.
CDE Inc., a U.S. Virgin Islands S Corporation with Jeffrey Epstein as owner, is linked to this address in the corporate connection record. CDE Inc. appears in a March 2012 memo by accountant Richard Kahn listing eight entities as potential candidates for dissolution as part of Epstein's corporate simplification planning Connection #1895.
34 East 69th Street
All Connections
2 total
All Connections
2 totalFinding #100: Thomas provided Epstein with Trump intelligence and received Trump dirt in return. Dec 8 2015: Epstein offered photos of donald and girls in bikinis i
Finding #555: CDE Inc. confirmed as USVI S Corporation owned by Jeffrey Epstein (JEE Owner). Listed in Richard Kahn Open Items memo (March 2012) as one of 8 potenti
All Findings
9 total
All Findings
9 totallegal (7)
Before subletting to Ivan Fisher, Epstein negotiated with Xenophon Galinas to assign the lease. The Epstein-Galinas arrangement included payment to Epstein of $100,000 for improvements Epstein had made. Meanwhile, Galinas independently contacted OFM and secured a letter agreement (Apr 12, 1996) for a new 5-year lease at $16,000/month starting Feb 1, 1997 — expressly contingent on Epstein not exercising his right of first refusal for personal use. On Apr 16, 1996 Epstein notified OFM he intended to exercise his right of first refusal — then used that as pretext to sublet to Fisher at $20K/month instead.
COUNSEL OF RECORD in 96 CIV 8307: FOR THE GOVERNMENT: Mary Jo White (US Attorney SDNY), Serene K. Nakano (AUSA, case handler, later contacted by FL AUSA in 2007). FOR EPSTEIN: Steven J. Cohen of Wachtel & Masyr LLP (110 E 59th St); Jeffrey A. Schantz as transaction counsel (signed as J. Epstein & Company Inc). FOR FISHER: G. Robert Gage Jr. and Ellen J. Casey of Gage & Pavlis (later Gage Spencer & Fleming LLP, Gage Buschmann & Pavlis). Ellen Yaroshefsky also appeared for Wachtel & Masyr per CourtListener (now Howard Lichtenstein Professor of Legal Ethics at Hofstra Law). OFM OFFICIALS: Richard Massey (contact for lease negotiations), Thomas E. Burns (denied sublease request in Apr 26 1996 letter).
COMPLETE CASE INVENTORY from DOJ EFTA Dataset 10: Case 96 CIV 8307 (DC) generated at least 7 documents in EFTA: (1) EFTA01324981 — Second Amended Complaint (22pp, Dec 17 1997, AUSA under Mary Jo White), names Epstein + Fisher + 12 subtenants; (2) EFTA01325003 — Gov't Motion for Partial Summary Judgment vs Diane Fisher/Soffer (5pp, Mar 13 1998, AUSA Serene Nakano); (3) EFTA01325008 — Judge Chin Opinion granting ejectment (12pp, 1998 WL 159055, Apr 1 1998); (4) EFTA01325020 — Judge Chin Protective Order ruling (2pp, 1998 WL 67676, Feb 19 1998); (5) EFTA01325022 — DOJ email chain re deposition request (3pp, Jun 2007); (6) EFTA01325025 — DOJ email continuation, deposition not found (6pp, Jul 2007). CourtListener: terminated Mar 17 1999, last filing Aug 12 1999. Companion case: Epstein v. Fisher 97 CIV 1489, terminated Mar 31 2000.
Judge Chin's protective order (1998 WL 67676, Feb 19, 1998) blocked the Government from using confidential financial discovery from 96 CIV 8307 in ANY other proceeding. Fisher requested protection for his 1996 tax returns; the USAO wanted a carve-out to share information with other agencies for law enforcement. Chin denied the Government's request, ruling: 'The Government may not use confidential information produced in discovery pursuant to the protective order for any purpose other than prosecuting this lawsuit, absent further order of the Court.' In June 2007, when the Florida sex trafficking AUSA sought Epstein's deposition from this case, this protective order blocked use of the financial discovery. The deposition itself could not be located in the closed files.
Judge Denny Chin ruled (1998 WL 159055, Apr 1, 1998) granting Government's motion for partial summary judgment on ejectment against Epstein, Fisher, and all subtenants. Chin held: (1) the lease unambiguously required PRIOR WRITTEN consent for subletting, rendering any alleged oral consent by OFM invalid as a matter of law; (2) under NY landlord-tenant law (not federal contract law), OFM was entitled to withhold consent 'for a good reason, a bad reason, or no reason at all' — no implied covenant of good faith applied. Noting 'the sensitive political considerations that often come into play when governmental property, such as the property here in issue owned by Iran, is involved, the Government should have as much discretion as possible.'
The ejectment opinion was published at 27 F.Supp.2d 404 (S.D.N.Y. 1998) and is available on Justia. The case established that under the Foreign Missions Act, OFM's lease with Epstein was governed by NY landlord-tenant law, and OFM could withhold consent to sublet arbitrarily as a matter of law. Judge Chin's ruling: written consent was unambiguously required under the lease; oral consent was invalid. Eviction order served Jul 16, 1998 and marshal noted tenants had moved out.
COMPLETE PARTY LIST from 96 CIV 8307 Second Amended Complaint (EFTA01324981). DEFENDANTS: Jeffrey E. Epstein, Ivan S. Fisher, Fisher & Soffer a/k/a Fisher & Sophir, Ron Soffer (resident of NY and France), Suzanne McDermott, Lawrence D. Gerzog, Christopher H. Martin (of New York Defenders Service), Siegel Martin & Heilbrun (law partnership), Debra Elisa Cohen, Carmen Tausik, Jessie Siegel a/k/a Jesse Siegel, Robert Heilbrun, Ellyn Bank, Diane Fisher d/b/a The Fisher Group (Ivan Fisher's wife), John Does 1-10, X Corporations 1-10. All subtenants were attorneys operating law practices from the former Iranian diplomatic residence. Fisher had converted the 5-story townhouse into a multi-occupant law office complex with at least 3 separate firms.
intelligence (2)
34 East 69th Street is a 5-story townhouse (21ft wide, 100ft deep) TWO BLOCKS from 9 East 71st Street. The property legally belongs to Iran, held in custody by the US under the Foreign Missions Act of 1982 (22 USC 4305(c)). OFM managed 16 custodial properties at inception, leasing them to generate maintenance funds. This is NOT the same mechanism as the Alavi/650 Fifth Ave forfeiture (OFAC/IEEPA). Epstein's lease began Feb 1, 1992 at $15K/month during James Baker's tenure as Secretary of State. Extended Aug 28, 1992 for 3 more years through Jan 31, 1997 with right of first refusal. The $15K/month for a 5-story UES townhouse was significantly below market even in 1992. No public reporting identifies who within OFM approved the lease or who referred Epstein.
The 2007 DOJ email chain (EFTA01325022, EFTA01325025) reveals that during the Florida sex trafficking investigation, an AUSA in West Palm Beach contacted the SDNY AUSA (Serene Nakano) who had handled 96 CIV 8307. The SDNY AUSA called it 'my infamous landlord-tenant case' and had 'a very vague memory of deposing' Epstein. The Florida AUSA wanted Epstein's deposition transcript. Three obstacles emerged: (1) the protective order blocked use in other litigation, (2) the USAO file was retrieved but the deposition was NOT found, (3) the court file was separately copied but also lacked the deposition. The Florida AUSA noted: 'if a depo even exists, I can review it, but I can't use it in connection with any other litigation.' The deposition — under oath financial testimony by Jeffrey Epstein from approximately 1997 — has never surfaced publicly.