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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 50 2009CA040800XXXXMB AG
Complex Litigation, Fla.R.Civ.Pro. 1201
JEFFREY EPSTEIN,
Plaintiff,
-vs- VOLUME I OF II
SCOTT ROTHSTEIN, individually,
BRADLEY J. EDWARDS,
individually, and III. individually,
Defendants.
VIDEOTAPED DEPOSITION OF BRADLEY J. EDWARDS, ESQUIRE
Tuesday, March 23, 20010
10:00 - 5:07 p.m.
2139 Palm Beach Lakes, Boulevard
West Palm Beach, Florida 33401
Reported By:
Cynthia Hopkins, RPR, FPR
Notary Public, State of Florida
Prose Court Reporting
Job No.: 1333
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1 APPEARANCES:
2 On behalf of the Plaintiff:
3 ROBERT D. CRITTON, JR., ESQUIRE
BURMAN, CRITTON, LUTTIER & COLEMAN, LLP
4 Boulevard
West Palm Beach, Florida 334O1
Phone:
7 and
JACK ALAN GOLDBERGER, ESQUIRE
ATTERBURY, GOLDBERGER & WEISS, P.A.
10 West Palm Beach, Florida 33401-5012
Phone:
11
12 and
13 On behalf of the Plaintiff:
14 ALAN M. DERSHOWITZ, ESQUIRE
HARVARD LAW SCHOOL
15
Cambridge, Massachusetts 02138
16 Phone:
17 On behalf of the Defendant:
18 JACK SCAROLA, ESQUIRE
SEARCY, DENNEY, SCAROLA,
19 BARNHART & SHIPLEY, P.A.
20 West Palm Beach, F on a
Phone:
21
22 ALSO PRESENT:
23 Jeffrey Epstein
24 Joseph Kozak, Videographer
Prose Reporting Services
25
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1
2 INDEX
3 _ _
4
5 EXAMINATION DIRECT CROSS REDIRECT
6
BRADLEY J. EDWARDS, ESQUIRE
7
BY MR. CRITTON 5
8
9
10
11 EXHIBITS
12
13
14 EXHIBIT DESCRIPTION PAGE
15
PLAINTIFF'S EX. 1 ALFREDO RODRIGUEZ 211
16 CRIMINAL COMPLAINT
PLAINTIFF'S EX. 2 COMPLAINT 239
17 PLAINTIFF'S EX. 3 JULY 22, 2009 276
FACSMILE
18
19
20
21
22
23
24
25
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PROCEEDINGS
2
Deposition taken before Cynthia Hopkins,
4 Registered Professional Reporter and Florida
5 Professional Reporter, and Notary Public in and for
6 the State of Florida at Large, in the above cause.
7
8 THE VIDEOGRAPHER: We are now on video
9 record. This is Media Number One in the
10 videotaped deposition of Bradley Edwards in the
11 matter of Jeffrey Epstein versus Scott
12 Rothstein, Bradley J. Edwards, and
13 Today is Tuesday, March 23rd, 2010 at
14 10:00 a.m. We're here in the law offices
15 of Searcy, Denney, Scarola, Barnhart &
16 Shipley,
17 West Palm Beach, Florida.
18 My name is Joe Kozak. I am the
19 videographer. The court reporter is Cindy
20 Hopkins from Prose, Prose Court Reporting
21 Agency.
22 Will counsel please introduce
23 yourselves, and then the court reporter
24 will swear in the witnesses.
25 MR. CRITTON: Bob Critton on behalf of the
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Plaintiff, Jeffrey Epstein.
MR. GOLDBERG: Jack Goldberger on behalf
of the Plaintiff, Jeffrey Epstein.
4 MR. DERSHOWITZ: Alan Dershowitz on behalf
5 of the Plaintiff, Jeffrey Epstein, of counsel.
6 MR. SCAROLA: The record should reflect
that Mr. Epstein is also personally present.
8 My name is Jack Scarola. X am counsel on
° behalf of the Defendant/Counter-Plaintiff, Brad
10 Edwards.
11 Thereupon,
1.2 (BRADLEY J. EDWARDS, ESQUIRE)
1.3 having been first duly sworn or affirmed, was
14 examined and testified as follows:
15 THE WITNESS: Yes.
16 DIRECT EXAMINATION
17 BY MR. CRITTON:
1.8 Q. Would you please tell us your full name
19 and home your home address.
20 A. Bradley James Edwards,
21
22 Q. Date of birth, please.
A.
)4 Q. Mr. Edwards, have you ever had your
25 deposition taken before?
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A. No.
2 Q. Okay. But you've counseled, you've
3 obviously taken a number of depositions both as a
4 Plaintiff and as a Defendant. You're familiar with
5 all the rules?
6 A. I know the rules.
7 Q. All right. Again if I ask you a question
8 you don't understand, if you would ask me or if you
9 want me to rephrase it, I will be happy to do that.
10 A. Yes.
1 MR. SCAROLA: Mr. Edwards, Mr. Edwards,
knows the rules. You can skip the
preliminaries.
14 MR. CRITTON: Is that a form objection?
15 MR. SCAROLA: No.
16 MR. CRITTON: Just a talk.
17 MR. SCAROLA: It's a, it's a request that
18 you not waste our time.
19 MR. CRITTON: I am not wasting your time.
20 And if we hadn't gone through that, we would
21 have been done with them, Jack.
22 BY MR. CRITTON:
23 Q. Mr. Edwards, are you currently employed?
24 A. Yes.
25 Q. And by whom are you currently employed?
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A. I don't understand the question.
Q. For whom do you work at the current time?
Are you an employee?
A. I am a partner in the law firm of Farmer,
5 Jaffe, Weissing, Edwards, Fistos & Lehrman.
6 Q. Is that a professional association?
7 A. Yes.
8 Q. And you said you're a partner. Do you
9 have your own P.A. or is the only the Farmer -- what
i0 was the second name, Jaffe?
11 A. Correct.
'2 Q. And I will refer to it as Farmer, Jaffe,
13 if that's all right with you. Is Farmer, Jaffe
itself a P.A.; that is, are you a partnership of
P.A.'s?
A. Yes.
Q. Do you have your own professional
It; association?
19 A. Yes.
20 Q. Okay. What's it called?
21 A. Law Office of Brad Edwards, LLC.
22 Q. You are the sole member of that LLC?
23 A. Yes.
24 Q. And then your LLC is a partner of the
25 Farmer, Jaffe firm?
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1 A. Correct.
2 Q. And do you hold yourself out to the public
3 as being a partner of that firm; that is you
4 individually?
5 A. What do you mean by hold myself out to the
6 public?
7 Q. If I got your letter would your letter
8 say, if I received a letter from you would it say
9 Brad Edwards, partner, or something to that effect?
10 A. I don't think so.
11 Q. Okay. What does your card say? Do you
12 have a business card?
13 A. I do.
14 Q. Okay. What does your business card--
lb A. Attorney.
16 Q. -- reflect? And when you introduce
17 yourself to clients or other attorneys for the first
18 occasion, do you introduce yourself as a partner of
19 that firm if asked?
20 A. If asked are you a partner; is that your
21 question?
22 Q. Correct.
23 A. Would I say yes? The answer is yes.
24 Q. When did you start -- I want to strike
25 that. Do you consider yourself an employee of the
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1 partnership?
2 A. What do you mean by that?
3 Q. Do you understand what an employee is?
4 A. I work for the firm.
5 Q. You are certainly not --
6 A. I am employed there, so, yes.
7 Q. When did you start your association with
8 the Farmer, Jaffe firm?
9 A. Sometime during the month of November, 2009.
10 Q. And is that when the firm was incorporated
11 as a professional association?
12 A. I believe so.
13 Q. The attorneys who are in the current firm,
14 are they all former Rothstein Rosenfeldt Adler
15 attorneys; that is, the professional staff?
16 A. Yes.
17 Q. Is there anyone -- Let me strike that.
18 Do you have paralegals as well that
19 work there?
20 A. Yes.
21 Q. Are any of the paralegals former, and if I
22 refer to Rothstein Rosenfeldt Adler as RRA, or RRA,
23 is that all right with you?
24 A. I understand what you mean.
25 Q. Are there any other, are any of the
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1 paralegals that are currently employed by Farmer,
2 Jaffe in any capacity whether they are independent
3 contractors -- well, let me strike that.
4 As employee's, I probably should ask
this question: Does the firm, Farmer, Jaffe have
6 employees
7 A. Yes.
8 Q. -- separate and apart from the partners?
A. Yes.
0 Q. And they are actually employed by the
P.A., correct?
I> A. Correct.
13 Q. Does the firm have any paralegals that
14 came over from the RRA firm, RRA?
15 A. Yes.
16 Q. Who are they?
11 A. Maria and Beth.
18 Q. Does Maria have a last name?
19 A. Yes.
20 Q. What is it, please?
21. A. I believe it's pronounced Kelljian.
22 Q. Can you spell it?
23 A. I can give it my best shot, K-E-L-L-J-I-A-N.
24 Q. And Beth's last name is what, please?
25 A. Williamson.
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Q. She's your current secretary/paralegal, or
2 do you have a secretary as well?
3 A. I don't understand your question.
4 Q. Do you have -- is Beth Williamson your
5 paralegal?
6 A. She's a paralegal at the law firm of Farmer,
7 Jaffe, Weissing, Edwards, Fistos & Lehrman.
8 Q. Does she primarily work for you?
9 A. No.
10 Q. Do you have a secretary as well?
11 A. The law firm? Yes.
12 Q. The secretary who works primarily for
13 you --
14 A. No.
15 Q. You just use whoever is available from a
16 secretary standpoint?
17 A. No.
18 Q. Who do you primarily use for secretary
19 services?
20 A. There is nobody who could fall into the
21 category of who I primarily use.
22 Q. Ms. Williamson, who, by whom, who, who was
23 the attorney at RRA with whom she primarily worked?
24 A. I believe it was several attorneys, and I
25 can't tell you who the attorneys were that she worked
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for or with.
2 Q. Did she work with you at all at RRA?
A. In some limited capacity, maybe.
4 Q. Did she ever work on any of the -- you
5 have three cases that you ever filed -- or let me
6 strike that.
7 There are three cases that are in
8 existence at the current time. One is Jane Doe
9 versus Mr. Epstein which is, is a federal court case
10 and the Plaintiff's name is Jane Doe. That is one
11 of your cases, correct?
12 A. Correct.
13 Q. Or one of the firm's cases at the current
14 time?
15 A. Correct.
16 Q. There is another case versus . Versus
17 Jeffrey Epstein and a third called III. versus
18 Jeffrey Epstein, correct?
19 A. Yes.
20 Q. And as a result all three of those cases
21 currently now are firm cases, the Farmer, Jaffe firm
22 cases?
A. Yes.
24 Q. Did Mrs. Williamson work on any of those
cases?
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1 A. In what time period? What's your question?
2 Q. I'm sorry. During the time that you were
3 associated with RRA, did Mrs. Williamson work on
4 those cases?
5 A. Without you needing to ask 20 different
6 questions to get to your answer, I will tell you her
7 involvement was that after federal motions were drafted,
8 she was the person to literally file the motion. That
9 is her only involvement with the cases while at RRA
10 Q. She basically filed them through the Pacer
11 system?
12 A. Exactly.
13 Q. Prior to you working at Farmer, Jaffe by
14 whom were you employed? And by employed I mean in,
15 in a broad sense. You could have been an
16 independent contractor. You could have been a
17 partner. You could have been an employee.
18 A. The law firm of Rothstein Rosenfeldt Adler.
19 Q. When did you start working for RRA?
20 A. I believe April of 2009.
21 Q. Beginning of April?
22 A. Yes.
23 Q. I saw a pleading that was filed yesterday
24 and it was either ., I am sorry, . or
25 that looked like there was a change of -- I'm sorry,
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1 notice of appearance or something by RRA Would
2 that, in any way, if I asked you to assume that
3 that's correct, would that refresh your recollection
that it may have been at the end of March?
A. I don't understand that question at all.
6 Q. I saw a pleading that was filed or --
7 A. Yesterday you said.
8 Q. -- a paper that was filed. I was looking
9 at a pleading filed in either III. or III., and I
10 saw a paper that was basically a notice of
11 appearance on behalf of RRA And it looked like it
12 was dated around March 30 of 2009.
13 A. Okay.
14 Q. Is it possible that you started your
15 association with RRA at an earlier date than April
16 of '09?
17 A. Assuming that what you said is true, if that
18 document says that, then it's possible that is an
19 accurate reflection of when I began.
20 Q. Did you start working with RRA before you
21 filed any documents representing that RRA or that
22 you had now an affiliation with RRA?
A. No.
24 Q. Where the -- again, I don't remember,
F. whether there was a notice of additional counsel or
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1 substitution of counsel. Did you, were the
2 substitution of counsel's filed the exact date that
3 you started with RRA?
4 A. I don't remember.
Q. When did your association with RRA
6 terminate or end?
7 A. The end of October 2009 or the beginning of
8 November 2009.
9 Q. And how did it terminate? How did your
it relationship with RRA terminate?
A. The firm closed.
i2 Q. Did you get, notification -- when you say
13 closed, meaning what?
14 A. Meaning what everybody in this entire room
15 knows is that the firm went from operating to no longer
16 operating.
1/ Q. And how did you receive notice; that is,
18 did you receive some sort of notice that told you
10 that RRA now is a defunct firm? Did you receive
20 notification that was in bankruptcy? What, if
2i anything, did you receive?
22 A. I didn't receive anything.
23 Q. And then how did your relationship with
24 RRA end?
25 A. Came to work on a Monday morning, and there
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1 was a meeting that was held informing all the employees
including myself that the firm no longer was financially
3 able to survive and therefore would be immediately
4 closing down.
5 Q. Who was the spokesperson at the meeting,
6 the main individual who advised those assembled in
7 the room that that's what was going to occur?
8 A. I don't remember.
9 Q. Was it -- did Rosenfeldt speak at all at
10 that meeting?
11 A. I, I can't remember.
1.2 Q. Do you remember the date of the meeting?
13 A. I remember that it was a Monday.
14 Q. Do you remember it being in October or
November?
16 A. Either the very end of October or the very
t7 beginning of November.
is Q. Did anyone -- well, let me strike that.
I9 Do you remember whether the person -- let me strike
20 that.
21 At the meeting who was present, and I
22 don't mean individual names. Who did it, by groups,
23 who did it include?
24 A. The meeting was held in a cafeteria type room
25 in the building where RRA maintained its offices. And
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the room was completely full to capacity with as many
'1
employees of the Rothstein, Rosenfeldt Adler firm as
were in attendance at work that day.
4 Q. And included lawyers, paralegals, support
5 staff, investigators?
6 A. Literally --
7 Q. -- everyone, I mean everyone who obviously
8 showed up at the meeting?
9 A. I don't know.
10 Q. Did you see other lawyers there?
11 A. Yes.
1.2 Q. Did you see staff there?
13 A. Yes.
14 Q. Did you see paralegals there?
15 A. Yes.
16 Q. Did you see investigators there?
17 A. I can't necessarily remember whether or not I
18 saw investor -- investigators there.
19 Q. And did more than one person speak at the
20 meeting?
21 A. I don't remember.
22 Q. Okay. What else were you advised at the
23 meeting, if anything?
24 A. It was -- I stayed for very little of that
25 meeting. I don't know what was advised to others, but
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1 what I heard was, firm is closing down. That's all I
needed to hear and I left.
3 Q. Did you subsequent -- well, let me strike
that. Did you, were you able to gain, gain access
to the building that day? I am sorry, access to
your, to the offices of the Rothstein firm that day?
A. Yes.
Q. And were you able to access any of your
files or your e-mail at that time?
o A. What time?
Q. That same day, that Monday that you were
advised that the firm was shutting down.
13 A. Yes.
14 Q. And were you able to print documents?
15 Well, let me strike that. Were you able to take
16 documents relating to matters on which you worked
17 from the firm?
18 A. What do you mean by was I able to?
19 Q. Were you able to access and take with you
20 documents that related to files on which you were
21 working the preceding Friday when you were at RRA?
22 A. I believe so.
23 Q. Did you take, did you actually remove
24 documents, papers that were related to files that
25 you had on which you were working from RRA that day?
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1 A. I don't believe so.
2 Q. Okay. Was anyone preventing you from
3 taking anything?
4 A. No.
5 Q. Okay. Did you print out any documentation
6 from your server or from the firm's server that day
7 to take with you?
8 A. Not that I recall.
9 Q. Do you recall taking anything from
10 RRA'office that day, that day being that same
11 Monday?
12 A. No.
13 Q. Obviously Scott Rothstein was not there?
A. Correct.
Q. Have you ever spoken, excuse me, have you
ever seen Mr. Rothstein since that Monday at the
meeting?
A. What do you mean have I seen him?
Q. Seen him in person, I'm sorry.
20 A. No.
21 Q. Okay, have you spoken with him at any time
22 since the Monday meeting at which time you were
23 advised that the firm was shutting down?
24 A. No.
25 Q. Have you spoken on any, with anyone on his
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1 behalf; that is, who purports to represent
2 Mr. Rothstein since you left the firm that day?
3 A. No.
4 Q. Do you know Mr. Nurik?
5 A. Yes.
6 Q. Do you recog -- are you aware that he
7 represents Mr. Rothstein?
A. Yes.
9 Q. Okay. Have you spoken with him since that
10 Monday?
11 A. He called me on a morning before a hearing to
12 ask me where Judge Crow's courtroom was. And I told
J3 him, and that was the extent of that conversation.
4 Otherwise, I have had zero communication with Marc
Nurik.
I6 Q. With regard to the firm being advised that
17 the firm was shutting down on that Monday, did you
18 subsequently return to the firm's offices? Let me
79 strike that. How long did you stay at the firm that
20 day?
21 A. I don't remember.
22 Q. Did you stay all day?
23 A. I believe so.
24 Q. Were you able to work on your files?
25 A. I don't understand the question.
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Q. Were you able to do legal work on the
matters that wherein you represent individuals?
A. Was I able to? Yes, I was physically able to
do that.
5 Q. Did you work on legal matters that day?
6 A. No.
Q. Did you subsequently, after that date, did
you return to the RRA offices?
9 A. Yes.
10 Q. And where are those offices or where were
11 those offices located?
A.
3 Q. The address, please?
14 A. I don't remember.
15 Q. With regard to the --
16 A.
17 Q.
18 A. (Witness nods head.)
19 Q. Did you, did you after that Monday did you
20 return to the offices at the RRA
21 offices?
22 A. Yes.
23 Q. And did you return every day thereafter
24 for a period of time?
25 A. No.
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Q. Was there a point in time that you were
2 prevented from entering your office or the offices
of RRA?
A. Yes.
Q. At what point in time were you prevented
from going into the offices?
A. I don't remember.
8 Q. How many days were you able to access the
9 offices before you were prevented?
10 A. I don't remember.
11 Q. You don't know whether it was a day or
12 three days or five days that you were allowed to go
13 into the office?
14 A. The period of time that I was able to go into
15 the office encompasses all of those things that you just
16 said, one day, three days, five days, yes. I can
17 definitely say with certainty I was able to do that.
18 Q. During the month of October were you
19 allowed to go into the office more than ten days?
20 A. Yes.
21 Q. Did they put -- well, let me strike that
22 Did someone put restrictions on what your access was
2, to the office, the RRA office?
24 A. Yes.
Q. Okay. Who put the restrictions on the
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1 entry to the office?
2 A. I don't know.
3 Q. Well, who would, who would monitor whether
4 you came in or couldn't go into the office?
5 A. I don't know.
6 Q. Was there someone there?
7 A. Was there someone where?
8 Q. The impression I got is that there was
9 some limitation on your ability to access the RRA
10 offices after the Monday at which time you were
1.1 advised that the firm was shutting down. Did I
12 misunderstand you?
1.3 A. No, that's correct.
14 Q. Okay. Who then, if you know, or what, if
15 it was an entity, placed any restrictions on your
16 access to RRA offices?
17 A. I don't know.
18 Q. When you would go to the office well,
19 let me strike that. After how many days -- well,
20 let me strike that.
21 The very day, the same day that you
22 were advised that the office was closing down, were
>3 there any individuals that were monitoring what, if
24 anything, was to be removed or not removed from the
)f office, like a security force, Broward County
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1 Police, U.S. Marshals.
A. From my recollection there were at some point
3 in time, there were people in the office monitoring
4 activity in the office.
5 Q. Was that the first week after the Monday?
6 A. I don't recall.
7 Q. Did you ever, did you receive any
guidelines either at the Monday meeting or
thereafter as to what you could or could not remove
10 from the file, from the, I'm sorry from the RRA
11 offices?
12 A. I believe so.
13 Q. And who put those guidelines out, do you
1.4 recall?
15 A. No.
16 Q. Were they in a written form?
17 A. No.
18 Q. Okay. Was given in what form, how did you
19 learn what you could and could not take from the
20 office?
21 A. More rumor than anything else is what I
22 remember.
23 Q. Did you discuss that with other
24 individuals or other attorneys who were working at
25 RRA?
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1 A. Possibly.
2 Q. Did you ever attempt to remove something
3 from the office of the RRA offices and someone
prevented you?
A. No.
Q. Did you ever and when I say remove I
mean in the sense of physically remove; that is,
take out boxes or take out files or something of
that nature.
10 A. I understand the definition of remove.
11 Q. With regard to, there were also, I
12 understand you had an e-mail server at the office?
13 A. Okay.
14 Q. Is that correct?
15 A. Yes.
16 Q. And I have seen something, there is
1% something that's called Qtask. Are you familiar
18 with Qtask?
19 A. Yes.
20 Q. And what do you understand Qtask or what
21 did you understand that Qtask did; that is, as an
22 electronic service?
23 A. A web based network to store files and other
24 materials.
25 Q. In terms of electronic storage, or
ari
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electronic data at the RRA firm, in addition to,
2 excuse me, the e-mail server was and Qtask, was
3 there anything else from an electronic storage or
4 communication means through RRA?
5 A. Yes.
6 Q. What else was there?
7 A. That stored electronic materials?
8 Q. Right, or that you could communicate with
9 someone else either inside or out of the firm. You
10 had the server, e-mail server. You had Qtask. What
else did you have?
12 A. To communicate with others, e-mail and Qtask.
13 Q. And how about within the confines of the
14 firm, was there another electronic mail system or
15 electronic system either for storage or for
16 communication?
17 A. To the best of my recollection, none for
18 communication. Storage, yes. There were electronic
19 paperless storage case management systems in place.
20 Q. And with regard to the electronic case
21 management system, were your files, including the
22 three cases involving Mr. Epstein, were those cases
23 on the electronic case management system?
24 A. Yes.
25 Q. And could you access the electronic case
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management system; that is, did you utilize the
2 software that was available?
A. Yes.
4 Q. And had you ever used a system like that
before you came to the RRA firm, RRA?
6 A. I don't understand.
Q. Okay. Had you ever used an electronic
8 case management software system before you came to
9 RRA?
10 A. Yes.
11 Q. Was yours the system that you had used
12 before was that were you able to integrate that with
1.3 RRA, with the RRA file or system when you got there,
14 or did your files have to be put on the new RRA
15 system?
16 A. The latter.
17 Q. In addition, so we had the e-mail server,
18 Qtask, and electronic case management system. Was
19 there any other type of electronic storage or system
20 that was available for communication or storage at
21 RRA?
22 A. Not that I recall.
23 Q. With regard to the e-mail system, well,
24 with regard to the e-mail system, Qtask, and
25 electronic case management, did you require, was
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1 there a password required to use or access each one?
A. No.
Q. Was there a password required to use any
4 of the three?
A. I don't believe so.
6 Q. As I saw in an order that with the Qtask
7 system that there was some sort of access code that
8 was required to get into Qtask.
9 A. I saw that too.
10 Q. Did you ever have, did you ever have such
11 a code or a password with regard to Qtask?
12 A. I don't remember.
13 Q. Has the receiver and/or it's, Mr. Seton or
14 his attorneys asked for you to provide any passwords
15 or information to access any of your files?
16 A. I don't think so.
17 Q. Do you understand that you have a
18 requirement or you're required to give the password
19 if requested by Mr. Seton?
20 A. I don't know the password to give to anybody.
21 I never knew there was a password.
22 Q. Did you --
23 A. I don't believe.
24 Q. Did you use Qtask?
25 A. I have used Qtask.
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1 Q. With regard to your, the files
2 specifically, specifically the -- well, let me
3 strike that. During the time you were at RRA, of
4 the three files, Jane Doe, ill., and III. or in
addition to those three files, did you represent any
other individuals who were potential claimants
against Mr. Epstein?
A. I don't believe so.
Q. All right. I received notification from
you as to a Ms.
11 A.
12 Q. . and Ms. III. I believe is her name?
13 A. Correct.
14 Q. Were either of those individuals, had
15 either of those individuals contacted you prior to
16 leaving the RRA firm?
17 A. I don't believe so.
18 Q. Is it your testimony then that none,
I9 neither Ms. III. nor Ms. III. would have had a fee
'0 agreement or representation agreement with the RRA
21 firm because they hadn't contacted you prior to your
departure from that firm; is that correct?
23 A. I'm not sure.
24 Q. Is it possible that Ms., either Ms. III.
25 or. Ms. III. contacted you before you left the RRA
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1 firm but you just didn't sign them up before you
left?
MR. SCAROLA: Objection, calls for
speculation.
THE WITNESS: Yes.
6 BY MR. CRITTON:
7 Q. Is there a reason that you would not have
8 signed them up during the time you were with -- or
let me strike that. Prior to the implosion, prior,
10 prior to that Monday when you were advised that the
11 RRA firm was closing down, had you made any plans to
12 leave that firm, that is the RRA firm?
13 A. No.
14 Q. Okay. Had you discussed with any other
15 attorneys in RRA departing from RRA or the RRA firm
16 prior to that Monday meeting at which time you were
L; advised that the firm was shutting down?
I A. No.
Q. You indicated it's possible that Ms. III.
20 or Ms. III. may have contacted you prior to your
zi departure or prior to that Monday meeting. What
22 makes you believe that?
23 A. I don't remember exactly the timing of any
24 communications between myself and Ms. III. or Ms. III.
25 And it seems to me that it was around the time period
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1 either just before or just after I do believe I spoke
with one or maybe both of them on at least one occasion
3 before the disbandment of RRA
4 And I know for a fact I signed each
5 one of the clients up after the disbandment of RRA
6 I can't tell you with any degree of certainty
whether they signed a fee agreement with RRA prior
8 to the disbandment.
9 Q. Have you been able to do any transfers of
10 your, of -- let me strike that. With regard to the
11 e-mail server at RRA, have you had occasion to
access that since that Monday; that is, the Monday
13 meeting that you referred to in either late October
14 or early November of '09?
15 A. Yes.
16 Q. All right. And have you had full access,
17 at some point did you get full access to all of your
18 e-mail that, that existed at least, that you had not
19 removed -- let me start again.
2.0 Under an e-mail server you, you have
21 the ability, obviously, to delete what you, what you
22 choose, correct?
23 A. As do you.
24 Q. As do I, right. And were you using like a
25 Microsoft Outlook program?
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A. I don't remember.
Q. Okay.
A. I am now.
Q. Well, with the program that you did have,
5 could you delete it and then you would have to go
6 into the delete it and further delete it to clean it
7 out?
8 A. I don't remember.
9 Q. You don't remember back to October or
lo September of '09 at this point?
11 A. That's just not what i do. I mean, I don't
12 just delete e-mails. So I don't know what you had to
13 do. You take me for somebody more e-mail savvy than I
14 am about that.
15 Q. Do you basically save all your e-mails or
16 had you in the past when you were at RRA?
17 A. I don't intentionally save or delete. They
18 are just there.
19 Q. And when you, when you, at some point
20 after the Monday meeting, were you able to transfer
21 whatever e-mails you had from RRA to your current
22 program?
A. At Farmer, Jaffe, Weissing?
Q. Correct.
21-) A. No.
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1 Q. Were you at some point given access to all
2 your e-mails so it could be downloaded either on a
3 disk, hard disc, floppy disk, or some other storage
medium so that you had access to all your prior
e-mails when you were at RRA?
A. I don't know.
Q. Did you ever make that request to someone,
either the receiver or anyone else associated with
RRA?
10 A. I don't remember if I made that request.
11 Q. I thought you indicated earlier,
12 Mr. Edwards, that you had access to some of your
13 e-mails.
14 A. I had access to all of my e-mails on that
15 Monday of the meeting, on the next day, on that Tuesday,
16 right, the immediately following the meeting. 32:46 at
17 some point in time it was cutoff and since that time,
18 when it was cutoff, I don't believe I have ever had
19 access back to my entire e-mail system.
20 Q. Okay. Have you had access to portions of
21 your e-mail system?
22 A. Not that I remember.
23 Q. Have you attempted to obtain access or
24 requested that you obtain access or information from
25 your e-mail, from the RRA e-mail server?
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1 A. I don't remember.
2 Q. You say you don't remember. Would there
3 have been a reason that you either requested or
4 didn't request access to your prior e-mail? When I
5 say prior I mean at RRA
6 A. Usually you read all of your e-mails and there
7 shouldn't be anything that I had not read. However,
8 there are some e-mails that you would like to keep
9 around. So there may have been reason for me to have
10 requested. However, I don't believe I was ever granted
1.1 access to those e-mails, and I can't specifically
12 remember requesting the e-mails.
13 Q. Within, within the e-mails you would have
.4 corresponded with or communicated with people
5 outside of the firm and as well as people within the
firm, true?
A. Ever, yes.
Q. During the time you were RRA
A. Did I ever communicate with somebody outside?
20 I communicated with you.
21 Q. Correct.
22 A. So you know that to be true. Yeah, of course.
23 Q. I know that to be true. And my question
24 is as well within the server or e-mail system with
25 RRA, did you ever also communicate with other
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1 paralegals, other staff at RRA?
2
A. Yes.
Q. And would you see, receive, if it was
4 something from one of the other partners at RRA
5 would you receive; that is, did you get firm-wide
6 e-mails from time to time about specific topics?
7 A. Yes.
8 Q. All right. When you, during the time that
9 you went back to RRA, did you printout, and up until
10 the time you were denied access to the e-mail
11 server, did you ever print, printout any e-mails or
12 transfer any e-mails that you can recall?
L5 A. Not that I can recall.
14 Q. All right. With regard to the Qtask
5 system, have you been, since that Monday have you
been able to use that system in any fashion?
A. What do you mean by that?
18 Q. Have you been able to access Qtask either
19 to look to see what was there or in the alternative
20 pull information from so that you could printout
21 information from Qtask?
22 A. I don't know. Probably.
23 Q. Okay. Have you attempted since that
24 Monday -- well, after that Monday meeting -- let me
25 strike that.
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Since the meeting that occurred on
that Monday at which time you were advised the firm
was shutting down, have you accessed Qtask for any
reason?
A. I don't believe so.
Q. What kind of -- you said, you described
earlier that Qtask was a web based network of files
for files and other materials. And in what fashion
did you use Qtask during the time you were with RRA,
RRA?
11 A. Qtask is a project centric web-based program.
12 So projects could be created. The project would
13 normally be a case, and that case discussed with lawyers
14 the way that you may gather around a table and discuss
15 it. And at times I was invited to projects on various
16 cases and utilized that system.
17 Q. Is that the only fashion that you would
18 have used Qtask during the time you were with RRA?
19 A. Yes.
20 Q. And when you say a project, as an example,
21 Jane Doe versus Jeffrey Epstein, if that had been
22 put, just this is hypothetically and then I will ask
23 you later whether that was in the system but if you
24 wanted or let me strike that.
25 Could Jane Doe versus Jeffrey Epstein
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been put in the Qtask program for, for purposes of
2 creating a project?
A. Repeat it again.
Q. Okay. Could a case like Jane Doe versus
5 Jeffrey Epstein been put in the Qtask system as a
6 project so that you and others could look at it?
1 You mean is, is, is the project capable of
A.
holding such a project?
O. Yes, just generically.
tu A. Yes, yes.
11 Q. And in terms of the RRA system, did the
12 RRA system ever have as, as a project Jane Doe
13 versus Jeffrey Epstein?
14 A. I don't believe so.
15 Q. Did you ever look in the Qtask, Qtask
16 system to determine whether you or anyone on your
17 behalf or any other person in the firm had ever put
18 Jane Doe versus Jeffrey Epstein into the Qtask
19 system?
20 A. Yes.
21 Q. Okay. And what did you find or not find?
22 A. I, I don't remember if that was the name of
23 any project in the system. It could have been, but it
24 may not have been. I don't remember that as a specific
>5 project in the system.
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Q. When you say a specific project, if I
2 understand you correctly, Mr. Edwards, that would
3 have been, as an example, it could be any case. It
4 could be a real estate case, it could be a labor
case, it could be Jane Doe versus Jeffrey Epstein,
o but someone could, someone whether it was you or
someone else could put in facts and information
8 about the case?
9 A. Similar to any case management system that's,
10 it just happens to be web based, but you have the right
11 concept.
12 Q. Is the concept the same concept for an
13 electronic, for the third electronic system, you had
14 the electronic case management system?
15 A. I suppose at full capacity it, it may. I just
16 wasn't that adept at Qtask to know all of the
17 capabilities of Qtask.
12 Q. With regard to the third item which I am
t9 going to come back to Qtask in just a minute, Lhe
>0 electronic case management software, what was the
21 name of that software?
22 A. I believe it's called Fortis.
23 Q. F-o-r-t-i-s?
24 A. I think so.
25 Q. I may have asked you, have you ever used a
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1. Fortis system before you came to Rothstein --
2 A. Had I ever used Fortis before I came to RRA?
3 Q. Yes.
4 A. No.
5 Q. Now, back to Qtask. Did you, do you have
6 a recollection -- let me strike that. Did you ever
7 personally ever put any information into the Qtask
S system for a project --
9 A. Yes.
10 Q. -- on your cases?
I t A. Yes.
12 Q. Did you ever put, and I think you just
testified as to the best of your recollection, Jane
14 Doe versus Jeffrey Epstein was never put into the
15 Qtask system, correct?
16 A. As the name of a project?
17 Q. Yes, sir.
18 A. No. I don't believe so.
19 Q. Well, was, when you say the name of a
20 project, could, could information about Jane Doe
21 versus Jeffrey Epstein have gotten into the system
22 but not identified as a, quote, unquote, project?
23 MR. SCAROLA: Calls for speculation.
24 MR. CRITTON: Do you understand the
25 question, sir?
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THE WITNESS: I don't understand.
MR. SCAROLA: Are you asking whether that,
that capability existed?
4 MR. CRITTON: Sure.
THE WITNESS: Did the capability exist?
6 MR. CRITTON: Right. Again Mr. Scarola
7 didn't want to let me go through the
8 explanation because he thought you understand
9 it and I know you did, Brad. I know you
1.0 understand.
11 THE WITNESS: I don't know that I
12 understand that question. I want to make sure
13 that I answer your question accurately.
14 MR. CRITTON: See, cut me off too early,
15 earlier.
16 MR. SCAROLA: No, too late.
1/ BY MR. CRITTON:
18 Q. Mr. Edwards, what I am trying to get is
19 you described the Qtask as being project centric.
20 And as I understood it, the project may be given a
21 label or a title?
22 A. Correct.
23 Q. So, it could be Jane Doe versus Epstein;
24 it could be Jane Doe; it could just be assault case;
25 is that correct, whatever you wanted to call or
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someone wanted to call the project?
2 A. You have the right idea.
Q. And if I understand it correctly is in
4 terms of the project, is if it was, if it was as an
5 example the Jane Doe case, you could, you or anyone
6 else could put information in about Jane Doe, might
7 not call it Jane Doe, but whatever amount of
8 information you or anyone else wanted to put in,
9 could put it into the Qtask so that other attorneys,
10 staff, investigators, paralegals, anyone who could
11 access the Qtask system, could see that project; is
12 that correct?
13 A. So that the people that were invited to the
14 project could see the project and those people only.
15 Q. And when you say invited to the project,
16 is, would, would, assuming you're the person who
17 created the project --
18 A. Okay.
19 Q. -- would you then set the parameters as
20 to, or the guidelines as to who could come into the
21 project?
22 A. Maybe.
23 Q. Okay. If, again, if it wasn't you, who
24 else could have set the parameters; that is, who
25 else can access the file?
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A. Let's say I am the lead on a project: I
believe that is what it was called the, I believe that
was the title given to the person that initiates the
project, if I want to then invite one or two or three or
5 100 other attorneys to that project to help work on
6 various aspects, I could do that.
7 And if I didn't choose to add
8 somebody, and another attorney said make me a lead
9 so that I can add somebody, that's another way that
10 that other lead could have invited somebody else to
11 the project.
12 And when you open up the interphase
13 of Qtask, you're immediately shown a portfolio of or
14 a photograph of the people that are invited to the
15 specific project and those people can access it.
16 Q. So, if it was, as an example, if it was,
17 if you were the lead person and you invited
18 Mr. Adler and you invited Mr. Berger in and
19 Mr. Rothstein in, there, when you punched up the
20 Qtask on the screen, I would see Mr. Rothstein's
21 picture. I would see yours. I would see
22 Mr. Berger's and Mr. Adler's?
23 A. Correct.
24 Q. As an example.
25 A. Yes.
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1 Q. Would I only see pictures or would I see
2 names as well?
3 A. I don't remember that.
4 Q. Would it be a correct statement that
5 during the time you were at RRA, you did use Qtask?
6 A. Yes.
7 Q. And did you ever put projects; that is,
8 did you ever as the lead create projects through the
9 Qtask system?
10 A. Yes.
11 Q. Would someone else, would, assuming that
12 you were the lead and you created the project, would
13 only you be able to add information to Qtask?
14 A. No.
15 Q. Okay. Was, was any invitee or person
16 allowed access, was he or she allowed to add to
17 Qtask?
18 A. Correct.
19 Q. Okay. Would he or she also be able to
20 delete from Qtask if they were an invitee?
21 A. I don't know that.
22 Q. Were you ever, did you ever -- in any -- I
23 assume that you were not only the lead but from time
24 to time you were invited into Qtask; is that
25 correct?
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A. That's correct.
2 Q. And during the time that you did, you,
3 when you were the lead, are you the one who chose
4 what went into the file, to the Qtask file?
A. No.
6 Q. Who would have made that decision?
7 A. Everybody in the, anybody that's invited can
8 add. I'm not the one that does it. Nobody has to come
9 to me to insert anything in the Qtask. You can add if
10 you're invited.
11 Q. Well, let's assume that you are, you're
12 the lead but you don't invite anyone; that is, you
13 create the 45:01 time project. You're the person
14 doing the adding, not staffwise but you're the
15 person that puts the information in.
16 A. I understood the question until you added the
17 segment about maybe some staff member helps you add the
18 Qtask. That just doesn't make sense with the program.
19 Q. Well, with Qtask, if you're the lead and
20 you don't invite anyone in because you're creating
21 the project itself, are you the person who chooses
22 exactly what goes in?
23 A. I am the person who puts in what goes in.
24 Q. All right. Are you, are you responding to
25 questions within Qtask where you put, you describe
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1 the case. You describe the facts. You describe the
2 witnesses, things of that nature, or are you
3 actually, can you -- well, first of all can you do
4 that?
A. Can you describe the case and describe the
6 facts? Yes, you can.
Q. And is that, when you say project centric,
is that what you're doing very much like the
electronic, much like the Fortis program?
A. It's not very much like the Fortis program in
my mind, but it's, it is what you are doing, you're
inputting information about a specific project.
Q. Can you put in the facts about a case,
14 again just generically, can you put in facts about a
15 particular case and then ask someone in your
16 invitees to comment on what they think, might think
17 the value of the case is or is not and give
iu suggestions as to discovery and things of that
19 nature? Is that all true?
20 A. Yes.
21 Q. And with regard to -- and once those
22 invitees show up and they're photographed, then each
23 of those individuals can have access to the file and
24 add their thoughts or opinions --
25 A. Repeat it.
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1 Q. -- or suggestions. Let me strike that.
2 With regard to the Qtask, once,
3 once -- assuming that you're the lead, you create
4 the project and then you, you say, okay, now it's in
5 a form that I want to get some invitees involved.
6 Do you then send that project; that is, you then on
7 Qtask you list the invitees and those people would
8 be, get some sort of cue that they had been invited
9 to the project up to the Qtask system?
10 A. I don't remember the exact process for
11 inviting, but there is a way to invite. And to the best
12 of my recollection, they do receive a notification that
13 they have been invited so that they can accept.
14 Q. Okay. Can, can someone who has not been
15 invited also access the system?
16 A. No.
17 Q. Okay. And how do you know that?
18 A. That's just not how the system works.
19 Q. Well, it may not be how the system works,
20 but say if Mr. Rothstein wanted to access when he
21 was the head person at the RRA firm, he wanted to
22 access the Q, Qtask system, do you believe that he
23 would have been able to access the system whether
24 you invited him or not?
25 A. No.
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1 Q. And why do you believe that to be true?
2 A. It's not how the system works.
3 Q. Well, at least as you understand the
4 system?
5 A. Well, if you want to tell me that it works a
6 different way, then maybe you can persuade me but that's
7 how I understand the system.
8 O. I am not, I'm not arguing with you.
9 MR. SCAROLA: Actually you are.
0 THE WITNESS: Assuming you had been on
_1 Qtask, it would help to get past all of these
2 questions. If you had been on Qtask it would
3 help to get past all of this and you would see
14 exactly what I am trying to describe to you.
5 MR. CRITTON: I would like to get on
Qtask.
17 THE WITNESS: Qtask.com.
18 BY MR. CRITTON:
19 Q. Okay. I'll remember that. With regard
20 to, so as to whether or not Mr. Rothstein could have
21 accessed it or Mr. Rosenfeldt or anyone else who was
22 not an invitee at least from your knowledge, you
23 believe they cannot access it?
l4 A. Correct.
Q. Can you as well on Qtask, can you as well
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1 post documents like an attachment?
2 A. I believe it has that capability. I think the
3 answer is yes.
4 Q. Now, with regard to the three cases that
5 you -- well, with regard to Jane Doe versus Jeffrey
6 Epstein, I think you already told me you don't
7 recall whether you put that in Qtask; is that
8 correct?
9 A. I didn't tell you that.
10 Q. Okay. Let me ask you then: Did you ever
11 use Qtask, you personally create a project as it
12 related to Jane Doe's case against Mr. Epstein?
A. No.
14 Q. To your knowledge did you direct anyone
15 well, let me strike that. Did you direct anyone to
16 create a project on Qtask for the Jane Doe case
17 against Mr. Epstein?
18 A. No.
19 Q. Okay. Do you know have you ever have
20 looked at the Qtask system -- let me strike that.
21 From what you were able to access of
22 the Qtask system, did you ever go online on the
23 Qtask system to determine whether anyone else had
24 ever put the Jane Doe case against Mr. Epstein on
25 Qtask?
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1 A. No.
2 Q. And therefore as you sit here today, you
3 don't know whether someone else, whether it was
4 another attorney, whether it was an investigator or
5 a staff person ever put the Jane Doe versus Epstein
6 case on Qtask?
A. Or whether it was you, right.
8 Q. Right. As to III., did you ever put
9 .'s case or direct -- well, let me strike that.
10 Did you ever create a project for . on Qtask?
11 A. No.
12 Q. Did you ever direct that someone else
13 create a project in Qtask for the . case,
14 versus Jeffrey Epstein case?
15 A. No.
16 Q. Do you have any knowledge as to whether --
17 let me strike that. Did you ever go on Qtask or
18 have you been able to determine whether anyone else
19 within the RRA firm put the . versus Jeffrey
20 Epstein case or any aspects of it on Qtask? Have
21 you looked or do you know?
22 A. I don't know.
23 Q. Has anyone told you that the . case
24 against Jeffrey Epstein was on Qtask?
25 A. No.
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1 Q. Okay. And so it's your testimony as far
2 as you know the versus Jeffrey Epstein case was
3 not ever on the Qtask system; is that correct?
4 A. To the best of my recollection today.
5 Q. When I describe both the Jane Doe versus
6 Jeffrey Epstein case and the III. versus Jeffrey
Epstein case being on Qtask, I don't necessarily
8 mean just the pleadings. I mean any aspect of it,
9 not necessarily the pleadings or the fact that the
10 case was there but the factual circumstances
11 surrounding either case.
12 A. i am not going to get into what my
13 work-product privilege, I am not going to allow you to
14 pierce that privilege. I am not going to tell you what,
15 regarding those cases, was or was not on Qtask.
16 Q. Well, let me ask a specific question. So
17 if you want to claim some sort of privilege so the
18 record is clear.
19 A. Sure.
20 Q. With regard to, and let me go first to
21 the, finally to the III. case. With regard to the
22 versus Jeffrey Epstein case or any aspect of
23 it, did you ever put III. into the Qtask system?
24 MR. SCAROLA: Let us save you some time.
25 Why don't you ask whether the answers with
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regard to . would be any different than the
answers given with respect to the other two
cases.
4 MR. CRITTON: I would have rather have it
5 specific. Oftentimes judge want to see that.
6 So I understand that if I want something broad
7 later on, I would be glad to accept that, but
8 thank you. Do you remember my question, sir.
9 THE WITNESS: No.
10 BY MR. CRITTON:
1 Q. Okay. With regard
MR. SCAROLA: For the record let me
observe I believe that your insistence upon
14 asking the individual questions that you have
l5 now asked twice with regard to the other
1L claims, and your refusal to ask the blanket
I/ question in the way in which I have suggested
is an annoyance and embarrassment and a
harassment of this witness which does nothing
20 but unnecessarily consume his time.
21 BY MR. CRITTON:
22 Q. Mr. Edwards, with regard to ., did you
23 ever put any aspects of that case; that is, not just
24 the pleadings but any aspects of the . versus
25 Jeffrey Epstein case onto Qtask? Did you ever
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1 create a project?
MR. SCAROLA: You may answer.
3 THE WITNESS: There was never a project
entitled to my recollection MI. versus Jeffrey
5 Epstein, ill. versus Jeffrey Epstein, Jane Doe
6 versus Jeffrey Epstein. And you're asking was
7 any information about those cases ever put onto
8 Qtask?
9 MR. CRITTON: I didn't ask that question.
10 THE WITNESS: Okay.
11 MR. CRITTON: But I will in just a minute.
12 THE WITNESS: And my answer is no, those
13 titles are not, I don't believe were ever on
14 Qtask.
BY MR. CRITTON:
Q. Now, separate and apart from -- let me
strike that. Let me just stay with with regard
to . Did anyone else at your direction put any
_9 information regarding . into the Qtask system, an
20 attorney, staff person, or secretary or another
21 lawyer?
22 A. What do you mean by information?
23 Q. Any information about . into the Qtask
24 system?
25 A. I don't remember.
PROSE COURT REPORTING AGENCY, INC.
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Q. Okay. So we don't -- you gave a broader
response to a question or that is you rephrased the
question. So, let me ask it in a broader sense.
1 Was any information about the, your
three clients put into the Qtask, about your three
6 clients, Jane Doe, III., and III. versus Jeffrey
Epstein, or against Jeffrey Epstein, was any
8 information ever put into the Qtask system? I don't,
9 want to know the information, just whether you put
10 information into the Qtask system.
11 A. Yes.
12 Q. Did you do it yourself or did you do it in
13 conjunction with someone else?
14 A. Explain to me what you mean by did I do it in
15 conjunction with somebody else.
16 Q. Well, is, you may have typed in the
17 information yourself.
18 A. I strike one key; somebody else strikes
19 another?
20 Q. No, you may have input all the information
21 you want, whatever information you want to put into
22 Qtask, you may have made the decision to do that.
23 All right. My question is someone else, a
24 secretary, or a paralegal may have helped you, an
25 investigator may have put some information in, at
.Im.1.0.0,4•6U.4••••••F-Ial
PROSE COURT REPORTING AGENCY, INC.
EFTA00599714
Page 54
least at your direction regarding these three
2 individuals' claims against Mr. Epstein?
3 A. information that I put into Qtask is
information that was inputted into Qtask by me.
5 Q. Did you ever direct anyone else to put any
6 additional information in with regard to those three
7 claims against Mr. Epstein?
8 A. I don't believe so.
9 Q. And what type of information did you put
10 into Qtask regarding the claims against Mr. Epstein?
11 MR. SCAROLA: Read that back, please.
12 (The requested portion of the record was
13 read by the reporter.)
14 MR. SCAROLA: We're going to object and
15 that I will instruct you not to answer on the
16 basis of both attorney-client and work-product
17 privileges.
18 MR. CRITTON: I assume if Mr. Scarola
19 asserts an objection, you're adopting that and
20 you would assert it. So, we don't have to do
21 that as A repetitious project here?
22 MR. SCAROLA: Correct.
23 MR. CRITTON: And that's correct.
24 MR. SCAROLA: You can, you can assume that
25 my instructions to Mr. Edwards will be followed
PROSE COURT REPORTING AGENCY, INC.
EFTA00599715
Page 55
expressly tell you
1 by Mr. Edwards unless we
2 otherwise.
MR. CRITTON: All right.
3
MR. SCAROLA: So, when I instruct him not
4
that instruction.
to answer, he will follow
MR. CRITTON: And you will do that,
6
correct?
THE WITNESS: That's correct.
8
9 BY MR. CRITTON:
eric, and it 1
10 Q. With regard to the, the gen
t there was generic or
11 understood you correctly tha
in on one, two, or three
12 there was information put
in Mr. Epstein, did you
13 of your clients' claims aga
ls who were invitees to
14 have or identify individua
15 that Qtask file?
on?
16 A. I'm sorry, what's your questi
ls who could be
17 Q. Did you designate individua
18 invitees to that file?
the project?
19 A. Did I invite anybody into
20 Q. Sure.
21 A. Yes.
Qtask?
Q. Okay. Who did you invite into the
22
st, Mr. Edwards: With
23 And let me ask you this fir
t Mr. Epstein, the only
24 regard to the claims agains
ly need to step back.
25 three -- well, and I probab
, INC.
PROSE COURT REPORTING AGENCY
EFTA00599716
Page
1 Would it, would it be a correct
that the
2 statement during the time that you with RRA
ein were
3 only claims that you had against Mr. Epst
4 Jane Doe, , and .?
5 A. The only clients I represented, yes.
e
6 Q. And not necessarily in a lawsuit but thos
7 are the only people that, that you and RRA
potential
8 represented in any, in any existing or
you were
9 claims against Mr. Epstein during the time
10 with RRA?
11 A. I believe so.
12 Q. By the way, could, could an outside
access
13 person, that is a person outside the firm
14 Qtask as well?
15 A. You can access it right now.
16 Q. Can -- did you ever allow someone who was
k file
17 not associated with RRA to access the Qtas
18 relating to Mr. Epstein?
19 A. No.
20 Q. Okay. Was there more than one file that
nst
21 was created associated with the claims agai
22 Mr. Epstein?
23 A. I don't remember.
24 Q. Did anyone to your knowledge -- well, let
25 me strike that. Did anyone other than you create a
PROSE COURT REPORTING AGENCY, INC.
EFTA00599717
Page 57
Epstein?
1 Qtask file relating to claims again Mr.
To the best of my knowledge, no. I take that
2 A.
I am
3 back. I don't know who created the project, but
icipated in related
4 only aware of the project that I part
children,
5 to Mr. Epstein and his molestation of many
6 period.
is
7 Q. And what did you call the project; that
em?
8 how it was identified on the Qtask syst
9 A. I don't remember.
10 Q. Do you recall when it was created?
11 A. No.
12 Q. Do you recall whether it was created
13 within a month of your coming to RRA?
14 A. I don't remember.
think you
15 Q. Do you recall whether it was, I
l of '09 you
16 said approximately the beginning of Apri
17 came to RRA, correct?
18 A. Correct.
19 Q. All right. And is it, just so the record
don't recall
20 is clear it's, your testimony is you
l, May, June,
21 whether you created the project in Apri
relating to the
22 July, August, September or October
23 claims against Mr. Epstein?
ect,
24 A. I don't remember if I created the proj
25 period.
TIM •••••••...•••••M1
PROSE COURT REPORTING AGENCY, INC.
EFTA00599718
Page 58
,
1 Q. Separate and apart from whether -- well
2 let me strike that. If you didn't create the
3 project, who would have?
4 A. I don't know.
5 Q. Well, do you remember -- let me strike
6 that. Do you know whether with regard to the
question,
project, and for purposes of at least this
are you
8 let me just call it the Epstein project,
9 okay with that designation?
10 A. Yes.
11 Q. Okay. With regard to the Epstein project
if I am
12 that was created in the Qtask system,
mber whether
13 understanding correctly, you don't reme
14 you created it or someone else did, correct?
15 A. Correct.
16 Q. Who would have had access to your files
ect other
17 that could have created the Epstein proj
18 than you?
39 A. That question makes no sense.
20 Q. Okay.
21 MR. SCAROLA: And it also assumes facts
r
22 not in evidence and does not have a prio
23 proper predicate.
24 THE WITNESS: That's why it doesn't make
25 sense.
PROSE COURT REPORTING AGENCY, INC.
EFTA00599719
Page Sq
1 BY MR. CRITTON:
did
2 Q. During the time that you were at RRA,
ein files
3 a number of people have access to the Epst
an electronic
4 either, either in a paper form or in
5 form?
6 A. Either/or, yes.
Q
•
And maybe I should get a definition of,
you had three
8 with regard to the Epstein files,
cases, Jane Doe, , and ., correct?
9
MR. SCAROLA: Excuse me. You used Epstein
10
file as a defined term earlier. Are you now
11
12 using it generically?
13 MR. CRITTON: I am going to use it
am
14 genically and when I come back to Qtask, I
off Qtask for just a minute. So that I have an
15
And
16 understanding of how your filing was kept.
I will come back to Qtask. So, right now I am
17
Not
18 using the Epstein files in a generic form.
19 using Qtask. Okay.
20 MR. SCAROLA: Okay.
21 BY MR. CRITTON:
22 Q. With regard to the Epstein files or
three
23 matters, I know you had -- we know you have
ady
24 cases that were filed that we have alre
25 identified, Jane Doe?
•1.
II•emeillnwa, dneytat......MIArpeA).•••••
PROSE COURT REPORTING AGENCY, INC.
EFTA00599720
Page 60
1 A. That's good.
Q. . and ., correct?
A. Correct.
4 Q. Were all materials relating to Jeffrey
filing, for
Epstein kept, kept under, at least for
under the
filing purposes at RRA, were they kept
gnation?
Epstein designation or, or some other desi
A. Yes.
Q. Okay. And what was the designation?
r
10 A. I don't remember but it was either unde
11 Epstein or some other designation.
12 Q. And at RRA, were there both paper files or
information
13 paper information as well as electronic
ein files?
14 that was stored or kept regarding the Epst
A. Correct.
16 Q. Was RRA supposed to be or at least
17 designed to be a paperless office?
18 A. Yes.
19 Q. And would every document that came that
again in the
20 was associated with the Epstein files,
into the
21 generic sense, was that scanned in or put
22 system in some fashion at RRA?
23 A. To the best of my knowledge.
24 MR. CRITTON: Just two minutes.
25
PROSE COURT REPORTING AGENCY, INC.
EFTA00599721
Page 61
BY MR. CRITTON:
Q. With regard to the scanned system; that
put in
3 is, to store the electronic records, was that
4 through the, through the Fortis program?
5 A. Yes, I believe so.
that.
6 Q. And did you as well -- let me strike
a
7 Prior to coming to RRA had you ever worked in
8 paperless file or in a paperless office?
9 A. I don't understand.
10 Q. Had you ever been working in an office
to be
11 prior to coming to RRA that was designed
12 paperless?
worked
13 A. No, but as I mentioned earlier, I have
electronic
14 with case management software that stores
is a paperless
15 versions of files, so therefore there
16 system.
17 Q. Did you as well when you came to RRA with
the content
18 regard to the Epstein related matters or
had you
19 of your Epstein investigation and files,
paperless
20 placed any of that on a prior, a previous
or both?
21 system or did you have the paper itself
22 A. Both.
23 Q. And during the time that you operated at
vidually
24 RRA, did you operate both with a, you indi
25 with regard to the Epstein files, did you operate
I ibT .••
PROSE COURT REPORTING AGENCY, INC.
EFTA00599722
Page 62
1 both in a paper and a paperless manner?
2 A. No.
3 Q. Did you operate only in a -- well, in what
4 way did you operate?
5 A. Paperless.
6 Q. Okay. So if, if as an example I sent you
ies or a
7 correspondence or answers to interrogator
the mail,
8 response to a pleading and it came in
you would
9 would that document be scanned and then
10 toss away the paper?
11 A. I don't know.
12 Q. So, you may well have had paper in
. Do you
13 addition to -- well, let me strike that
ned?
14 even know whether the document was scan
ndence
15 A. If you're telling me you sent correspo
correspondence in
16 in the mail and I would later see that
assumption that
17 my virtual mailbox, I make the logical
18 it was scanned. I never observed anything being
19 scanned.
20 Q. Okay. And do you, if something came to
discovery
21 you by mail, whether it was some form of
e cases, where,
22 or request, and I will be in the stat
don't file
23 which is not a paperless system and you
paper that
24 through Pacer, would you ever see the
only see
25 actually came to your office or would you
PROSE COURT REPORTING AGENCY, INC.
EFTA00599723
Page 63
1 it electronically?
2 A. For the most part I would see it
I have never seen a
electronically, but I can't say that
4 piece of paper come in.
MR. CRITTON: Okay. Let me take a few
6 minute break.
MR. SCAROLA: Well, wait a second. Do you
7
8 want to break at this point?
9 THE WITNESS: Not really.
MR. SCAROLA: Okay. We would like to keep
10
11 going.
12 MR. CRITTON: Can I just go to the rest
13 room for two minutes?
14 MR. SCAROLA: Yes.
THE VIDEOGRAPHER: We're now off video
15
16 record. The time is 11:21 a.m.
17 (A brief recess was held.)
THE VIDEOGRAPHER: We're now on video
18
19 record. The time is 11:28 a.m.
20 BY MR. CRITTON:
Couple, few more questions in Qtask. Did
21 Q.
an invitee on
22 you ever allow Mr. Rothstein, was he
23 the Epstein-related projects?
24 A. I don't believe so.
25 Q. With regard to the third electronic, the
PROSE COURT REPORTING AGENCY, INC.
EFTA00599724
Page 64
1 Fortis system where you, if I understand you
2 correctly, you input various information into that
3 Epstein regarding Epstein files; is that correct?
4 A. No.
Q. You never used those systems with regard
6 to Epstein files?
7 A. I used the systems. I never input anything
8 into the system. I think it gets scanned in.
9 Q. And could anyone in the firm access the
10 Fortis system?
71 A. I don't know.
12 Q. Could you access other files that weren't
13 necessarily yours within the Fortis system if you
14 wanted to?
15 A. I don't know.
16 Q. Mr. Edwards, with regard to your
17 employment with RRA, did you know any of the RRA
18 partners prior to coming to that firm in
19 approximately April of '09?
20 A. What do you mean by know them?
21 Q. Did you know them?
22 A. Yes.
23 Q. As either an acquaintance or a friend?
24 A. Yes.
25 Q. Did you have any friends at the RRA firm
PROSE COURT REPORTING AGENCY, INC.
EFTA00599725
Page 65
1 before joining them?
2 A. People that I would consider to be my friend,
yes.
Q. Who.
A. Russell Adler.
6 Q. And how did you know Mr. Adler?
A. We worked out at the same gym for about,
8 approximately four or five years.
9 Q. What were you doing, prior to your
10 association with RRA, what was your employment?
11 A. What?
12 Q. Were you working as a solo practitioner?
13 Were you working with another firm prior to coming
14 to RRA in April of 09?
15 A. Solo practitioner.
16 Q. How long had you been a solo practitioner?
17 A. Approximately two years.
18 Q. During the time you were a solo
19 practitioner, did you ever have any associates
20 working for you, solo imply that you're the only
21 one, is that true, or did you have associates that
22 actually worked for you?
23 A. Various times I had clerks, law school clerks,
24 but that was it.
25 Q. But no other lawyers?
PROSE COURT REPORTING AGENCY, INC.
EFTA00599726
Page 66
Right.
Q. Did you ever have an investigator work for
you?
4 A. Yes.
5 Q. Okay. Do you know an individual by the
6 name of Fisten, F-i-s-t-e-n?
A. I know an individual whose last name is
8 Fisten.
9 Q. All right. What's his first name, the one
10 you know?
11 A. Mike.
12 Q. Michael Fisten?
13 A. Yes.
14 Q. Mike Fisten ever do any work for you when
15 you worked as a solo practitioner at any time prior
1.6 to you joining RRA?
17 A. No.
18 Q. Did you know of Michael Fisten or Mike
19 Fisten prior to joining RRA?
20 A. No.
21 Q. With regard to the investigators that you
22 used prior to joining RRA, did you use, or were any
23 of those individuals ever employed by RRA during the
24 time you were there?
25 A. No.
PROSE COURT REPORTING AGENCY, INC.
EFTA00599727
Page 67
1 O. How did it, how did it happen that you
2 came to be employed by RRA?
3 A. I was offered a job.
4 Q. And how did that come, how did that come
5 about?
6 A. Talking with Russell Adler.
7 Q. Had you ever had a case against Mr. Adler
8 or with Mr. Adler, either you were on the same side
9 or against?
10 A. Yes.
11 Q. On how many occasions?
12 A. I can't recall.
1.3 Q. Okay. Did Mr. Adler approach you or did
14 you approach him?
15 A. We worked out at the same gym. It wasn't
16 about approaching somebody.
17 Q. How did the topic come up?
18 A. He works at this law firm Rothstein Rosenfeldt
19 Adler, and would talk about it in a positive way for
20 years before I joined the firm.
21 Q. And how did it come up that you would be
22 interested in possibly working there; that is did he
23 say gee, Brad, you should come talk to me or did you
24 say I am interested in working for the firm?
25 A. He would ask if I would be interested in
PROSE COURT REPORTING AGENCY, INC.
EFTA00599728
Page 68
;oining the firm.
2 Q. Okay. And what happened then? What
ultimately happened that you, that you went from
4 just having an interest to actually contemplating or
5 being offered a position?
6 A. I didn't say I had an interest.
7 Q. So, what happened? How did you then end
8 up at RRA?
9 A. Numerous conversations with Russell Adler and
10 him telling me about some of the other people there that
11 I believed to be good lawyers, respected, ethical
12 lawyers, and that this is a good place to work, great
13 comradery, you have a team, I know you handle big cases;
14 this will be something that will be good for you. And
15 that was something I talked to him about seriously for
16 four months maybe before joining RRA before finally
17 agreeing to meet Scott Rothstein.
18 Q. All right. Had, did Mr. Adler ever
19 discuss with you parameters or potential income or
20 salary or whatever the compensation package would
21 be --
22 A. Not specifically.
23 Q. -- before you first met with
24 Mr. Rothstein?
25 A. Not specifically.
PROSE COURT REPORTING AGENCY, INC.
EFTA00599729
Mule 60
Q. How many times did you meet with Scott
2 Rothstein prior to accepting a position with RRA?
A. Once.
4 Q. Where did the meeting take place?
A. The restaurant BOVA.
6 Q. Did you understand Mr. Rothstein had an
interest in BOVA?
II A. At the time?
9 Q. Yes, sir.
10 A. No.
11 Q. Did you learn that during the time that
12 you worked for RRA
13 A. Yes.
14 Q. Okay. Who was present other than
15 Mr. Rothstein when you met with him at BOVA?
16 A. Nobody.
17 Q. Who had set up the meeting?
18 A. Russell.
19 Q. And had anything been discussed at least
20 as of that time with regard to what your opportunity
21 was or in terms of compensation?
22 A. Specifically, no.
23 Q. How long did the meeting with
24 Mr. Rothstein last?
25 A. Ten minutes.
PROSE COURT REPORTING AGENCY, INC.
EFTA00599730
Page 70
1 Q. Did you have lunch with him or you just
sat down and talked with him at the table at the
restaurant?
A. Sat down and talked to him.
Q. Had you submitted any kind of a resume to
6 Mr. Adler as to what your experience was?
A. No.
8 Q. So, you, at that time you are a solo
9 practitioner. Mr. Adler calls you and says, or you
10 express an interest. Mr. Adler says we have an
11 interest in talking to you, and you set up a meeting
l2 with Mr. Rothstein. Is that pretty much it?
13 A. You're now making things up that is totally
14 inaccurate, and doesn't reflect what I have been telling
15 you at all. I didn't express any interests. I wasn't
16 looking for a job. I wasn't seeking him out. In fact,
17 that is the exact opposite of what I have just gone
18 through explaining to you about conversations at the gym
19 that ultimately lead to him convincing me this is a good
20 place to come into and me agreeing to this meeting with
21 Scott Rothstein.
22 Q. Okay. When you went to meet with Mr!
23 Rothstein did you have any interest or was this just
24 a throw-away meeting. Maybe I misunderstood. What
25 did you -- let me strike that. What was the purpose
PROSE COURT REPORTING AGENCY, INC.
EFTA00599731
Page 711
1 of the meeting if you had no interest in considering
an opportunity with RRA?
3 A. For the most part placate Russell Adler.
Q. Did Mr. Adler know the type of cases you
had?
6 A. Of course.
7 Q. And was he aware as of that date you had
8 filed the three cases against Mr. Epstein?
9 A. I don't believe so.
10 Q. Had you -- is it your belief that the
11 three cases against -- well, let me strike that. Do
12 you recall when the first meeting was or the only
13 meeting that you had with Mr. Rothstein prior to
14 joining the firm?
15 A. It was prior to joining the firm.
16 Q. All right. When was that?
17 A. I don't remember.
18 Q. Was it within a month of your joining RRA,
19 two months, three months, six months?
20 A. Definitely within six months of joining the
21 firm. Definitely within three months of joining the
22 firm. Within that three month period, I don't recall.
23 Q. So, sometime between January and April of
24 '09, you would have met with Mr. Rothstein for ten
25 minutes?
PROSE COURT REPORTING AGENCY, INC.
EFTA00599732
Page 72
A. I believe so.
2 Q. Okay. What did you talk about; that is,
3 what was the substance of the meeting?
4 A. Russell says you would be an asset to the
5 firm. I will treat you fairly. Now, how much do you
6 expect to make? Okay. I can't do that, but as soon as
7 you show your worth here, your salary is exponentially
8 increased because at this firm we operate under a system
9 of fairness. That was the gist of the meeting.
10 Q. Did he ask you how much you were making at
11 that time or how much you had made the preceding
12 year, '08?
13 A. I believe so.
14 Q. What did you tell him?
15 MR. SCAROLA: Objection. Instruct you not
16 to answer on the basis of economic privacy.
17 BY MR. CRITTON:
18 Q. Did you tell him what you had made, total
19 compensation for the year 2008?
20 A. I don't remember.
21 Q. Well, if I, if I understood you correctly,
22 I thought he said is I can't meet that salary or
23 that level of compensation, so you must have told
24 him something.
25 A. Yeah. I answered his question, what did you
PROSE COURT REPORTING AGENCY, INC.
EFTA00599733
Page 73
1. expect.
2 Q. What did you tell him that you expected?
3 MR. SCAROLA: Objection, economic privacy.
4 BY MR. CRITTON:
5 Q. All I am interested now, not necessarily
him, i.e.,
6 what you were earning but what you told
or expected to
7 Mr. Rothstein that you wanted to get
8 earn if you considered a job at RRA
MR. SCAROLA: Objection. Economic
9
It's
10 privacy, instruct you not to answer.
onably
11 neither relevant nor material nor reas
rmation
12 likely to lead to relevant material info
13 and invades the economic privacy of the
14 witness.
15 MR. CRITTON: Is that form?
16 BY MR. CRITTON:
is
17 Q. Mr. Edwards, you gave him a number,
18 that correct? Him meaning Mr. Rothstein.
19 A. I believe so.
20 Q. And was the number that you gave him more
less?
21 than you had earned for the year 2008 or
22 MR. SCAROLA: Same objection.
23 MR. CRITTON: Or the same?
24 MR. SCAROLA: Same objection, same
25 instruction.
PROSE COURT REPORTING AGENCY, INC.
EFTA00599734
Page 74
1. BY MR. CRITTON:
did you tell
2 Q. Did you tell him that you --
e more money than you had
3 him that you wanted to mak
4 in the proceeding year?
MR. SCAROLA: Same objections and
5
6 instructions.
7 BY MR. CRITTON:
you would be paid
8 Q. Did he tell you how much
; that is, did he mention
9 if you came to work at RRA
would be if you
10 a number: This is what your salary
11 come and work here?
12 A. I believe so.
to you?
13 Q. And what number did he say
MR. SCAROLA: Objection and same
14
15 instruction.
16 BY MR. CRITTON:
you would get an
17 Q. Did he also tell you that
at the, at sometime
18 economic incentive; that is,
year based upon your
19 during the course of the
2O production?
rly.
21 A. I would be compensated fai
22 Q. And that was it?
23 A. That was the gist.
efits that
Q. Okay. Did he talk about any ben
24
25 you would receive?
INC.
PROSE COURT REPORTING AGENCY,
EFTA00599735
Page 75
1 A. Possibly.
2 Q. Do you recall what he said?
ts?
3 A. What do you mean by benefi
insurance and
4 Q. I mean would you get health
l?
5 those types of things as wel
. I'm not sure.
6 A. I believe that was discussed
m but I don't know.
7 I can't tell you I got the
r cas es that you
8 Q. Did you discuss any of you
9 had with him?
10 A. No.
Q. Okay. Did you sign an employment
11
h RRA?
12 agreement at any time wit
13 A. No.
k. Did you say
14 Q. After the -- let me go bac
any of your current cases
15 you did or did not discuss
16 with him?
17 A. Did not.
cussed
18 Q. Okay. Were you aware, had you dis
d you had discussed
19 your cases -- I think you sai
had an idea of the type
20 your cases or Russell Adler
21 of cases you had?
are friends; we
22 A. Over the years Russ and I
23 talked about cases.
the Epstein
24 Q. Did you say you had discussed
cases with him? Him, meaning Adler.
25
PAP laolf
SIONMSISSIPI2W
INC.
PROSE COURT REPORTING AGENCY,
EFTA00599736
Page 76
the Epstein
1 A. I, I don't believe I discussed
at
until after I was employed
2 cases with Russell Adler
3 RRA
at you r
4 Q. Did you mention Mr. Epstein
?
5 meeting with Mr. Rothstein
6 A. No.
r three clients
7 Q. Did you mention any of you
at the meeting with
8 who were suing Mr. Epstein
9 Mr. Rothstein?
10 A. No.
, did you
11 Q. With regard to the, did you
e to work with RRA that
12 discuss with him if you cam
me strike that. Did he
13 the cases -- well, let
e and worked for the firm
14 mention that if, if you cam
ome the property of RRA?
15 that those cases would bec
16 A. No.
be true?
17 Q. Did you understand that to
18 A. I mean, I suppose so.
Q. Okay. Did --
19
ng to be an
20 A. I understood that I was goi
course.
21 employee of the firm, of
conclusion of
22 Q. Well, did, did you, at the
k
, yes, I would like to wor
23 the meeting did you say
24 here or how did you leave it?
25 A. Think about it.
INC.
PROSE COURT REPORTING AGENCY,
EFTA00599737
Page 77
u think about it ?
Q. And how long did yo
1
A. I don't remember.
2
ll,
d yo u, an d wh o di d you contact? We
3 Q. Di
you make a
me st ri ke th at . At some point did
4 let
5 decision --
A. Yes.
6
RRA, correct?
7 Q. -- to go work for
A. Correct.
8
g
the initial meetin
Q. Did Mr. Rothstein at
9
r?
u would be a partne
10 tell you whether yo
A. No.
11
ast
at you would be at le
Q. Did he describe th
12
as a
ic at la rg e yo u would be described
13 to the publ
14 partner?
A. No.
15
who the partners
Q. Did you understand
16
A a
, le t me tr ic k th at. Is RRA, was RR
17 were -- well
18 PA?
A. I don't know.
19
t du ring, up through
Q. Did you ever find ou
20
an
do yo u kn ow wh et her RRA was a PA or
21 today's date
22 LLC or an LLP?
A. No.
23
ne to look at who the
Q. Did you ever go onli
24
s
ors were or ha d members if it wa
25 officers and direct
AGENCY, INC.
PROSE COURT REPORTING
EFTA00599738
Paqu "P-3
an LLP?
Scott
initial meeting with
2 A. During the initial,
rs
me there are on ly two equity partne
3 Rothstein, he told
y; myself
and it wi ll always be that wa
4 of this law firm,
dt, period.
5 and Stuart Rosenfel
they each own
6 Q. And did he say that
he say, they were just partners?
7 50 percent, or did
A. Did not say.
8
t me strike that.
9 Q. Prior to your -- le
sion
some po int you made a deci
10 think as you said at
11 to join RRA?
A. Right.
12
ey that to?
Q. And who did you conv
13
A. Russell.
14
ereafter? That is,
Q. And what happened th
15
er
om then bein g a solo practition
16 how did you go fr
e yourself? What was
into RRA? How did you integrat
17
at did you do?
18 the timing and wh
me I was no longer working
A. At some point in ti
19
Las
ce and wa s working at RRA on
20 in my Hollywood offi
owed up to work at a different
21 Olas. So, physically 1 sh
22 location.
well, let me strike
Q. And did someone --
23
u
u announced that yo
24 that. From the time that yo
time you
Mr. Adler up until the
25 would go, you told
Taus
AGENCY, INC.
PROSE COURT REPORTING
EFTA00599739
Page 79
much timed passed?
ended up at RRA, how
A. I don't know.
y
io r to st ar ti ng at RRA, did you have an
Q. Pr
at is,
r co nv er sa tion s wi th Mr. Rothstein; th
4 furthe
y th at yo u sh ow ed up at that office?
up until the da
5
A. No.
6
d in te rm s of th e cases; that is, the
7 Q. An
. those
wi th wi th .1 Jane Doe and
cases
u were a
d signed up when yo
9 are cases that you ha
that correct?
10 sole practitioner; is
A. Correct.
11
a,
ose cases there was
12 Q. And with each of th
volved --
r lawyer that was in
13 there is also anothe
ose
that. In one or more of th
14 well, let me strike
at the time
involved, or was he
15 cases is Mr. Howell
actitioner?
16 you were a solo pr
involved?
17 A. What do you mean by
ferring lawyer?
Q. Involved, was he a re
18
A. Yes.
19
lawyer on all three
Q. Was he the referring
20
21 of those cases?
ctly
referring lawyer dire
A. He was at least the
22
23 on one.
I'm sorry. I didn't mean to
24 Q. Which one?
25 interrupt you.
AGENCY, INC.
['ROSE COURT REPORTING
EFTA00599740
Page 80
A. I'm finished.
e referring lawyer,
2 Q. Which case was he th
Mr. Howell?
4 A.
referrin g lawyer on Jane
Q. And he may be the
ow as you sit here,
Doe, and ., you just don't kn
6
7 or he is?
He referred .'s case.
8 A.
as
ses is he is shown
Q. And the other two ca
9
?
10 the referring lawyer
A. Yes.
11
who I
rson named Cassell
Q. There is also a pe
12
from Utah?
13 think is an attorney
A. Okay.
14
name ?
Q. Do you recognize the
15
A. Yes.
16
name?
Q. Okay. And what's his first
17
A. Paul.
18
referring
Q. All right. Is he in any way a
19
to
a referrin g lawyer with regard
20 lawyer, considered
ses against Mr. Epstein?
21 any of the three ca
A. No.
22
Q. What's his role?
23
llate issues.
A. Handles certain appe
24
ed in as part
Q. Okay. Is he, is he involv
25
ENCY, INC.
PROSE COURT REPORTING AG
EFTA00599741
YLlcjr Si
fee
recipien t of any contingency
of, as a potential
hourly ba sis, either when you
2 or is he paid on an
or at
oner during the RRA stages
were a sole practiti
the current time?
b A. Contingency.
le ast as it was set
6 Q. Does he get part, at
on
tioner was Mr. Cassell also
7 up as a sole practi
viduals?
ch of the three indi
8 the contract with ea
.
A. I don't believe so
not on any of the
10 Q. You don't -- he is
ell?
11 contracts, Mr. Cass
th at he is on but your
A. There is a contract
12
cases were first signed up, was he
13 question is when the
answer to
ract. And I believe the
14 on the initial cont
15 that is no.
du ring the time that
16 Q. Prior to the time or
A was
tice before you went to RR
17 you were in sole prac
any of the co ntracts with the
18 Mr. Cassell ever on
19 three Plaintiffs?
A. Yes.
20
A, was a new
Q. Okay. When you moved to BR
21
dividuals,
with each of the in
22 fee agreement signed
ai ntiffs?
23 each of the three Pl
2.4 A. No.
of an assignment?
25 Q. Was there some form
ENCY, INC.
PROSE COURT REPORTING AG
EFTA00599742
Page 82
ledge. I don't want to
A. Well, not to my know
s
know of any fee agreement that wa
say no, but I don't
.
signed with the client
th at the original --
4 Q. As a -- from the time
correctly
If I understood you
5 let me strike that.
se?
. was your first ca
6 is as an example
A. First client.
Mr. Howell would
8 Q. First client, right.
up as
se, so he would have shown
9 have referred the ca
. Cassell
And at some point Mr
10 a referring order.
that
ract or or a contract; is
11 also came on the cont
12 correct?
13 A. A contract, yes.
t two contracts with
14 Q. So, there was at leas
regard to .7
15
16 A. That I remember.
., Jane Doe, and
Q. And with regard to
17
new contract being signed
18 ., you don't recall any
ect?
als and RRA; is that corr
19 between those individu
A. That is correct.
20
e, whatever the
21 Q. And with regard to th
e
in each of those thre
22 contingency fee was
to be sp lit? When you went to
23 contracts, was that
uld
determined what RRA wo
24 RRA, how was it to be
ell
you woul d receive or Mr. Cass
25 receive versus what
ENCY, INC.
PROSE COURT REPORTING AG
EFTA00599743
Page R3
me
ng there had been so
1 or Mr. Howell, assumi
2 resolution?
in my shoes.
3 A. RRA would be standing
it correctly, there
4 Q. And if I understand
that is,
me nt of your contracts;
5 was never an assign
rrect?
er to RRA; is that co
6 as a solo practition
7 A. Correct.
nt just
Q. Okay. And it was your inte
8
om solo
ct said when you went fr
9 whatever the contra
if thos e cases had resolved
10 practitioner to RRA,
ve paid
ri od, RRA, you would ha
11 during that time pe
entitl ed and
which you were been
12 RRA that portion to
eir
we ll an d a Ca ss el l would have gotten th
13 Ho
14 percentage?
A. Correct.
15
with the new firm, the
Q. And with regard to,
16
reements
wh ere those new fee ag
17 Farmer, Jaffe firm,
s?
th your three client
18 have been signed wi
19 A. Yes.
and Mr. Howell still
Q. And are Mr. Cassell
20
21 on those contracts?
A. Yes.
22
a claim against the
Q. Has the receiver made
23
filed,
ree cases; that is, he
24 proceeds of these th
filed a
of or as trustee, has he
25 Mr. Seton on behalf
• •.•
ENCY, INC.
k.l.
la•11•••!••••••••••o.
PROSE COURT REPORTING AG
EFTA00599744
Pclge 84
s?
1 lien again those case
A. No.
2
correspondence
Q. Has he sent you any
t,
intends to assert a lien agains
4 indicating that he
rred
and/or costs that were incu
5 for attorney fees
e cases were at RRA?
6 during the time thos
lated to those cases, but
A. Not specifically re
7
been
th at co ncep t is something that has
8 in general,
rmer,
a re ce iv er or a trustee to us at Fa
9 communicated by
10 Jaffe, Weissing.
; that is, have you
Q. Have you at any time
11
e
yone at Farmer, Jaff
12 acknowledged, has an
responsibility to repay monies to
13 acknowledged their
14 RRA?
the question.
A. I don't understand
15
e
le d, does Farmer, Jaff
Q. If the case is sett
16
e fees
rece iver a portion of th
17 intend to repay the
18 at costs?
been resolved.
A. That issue has not
19
regard to the
Q. With regard to, with
20
21 third-party --
e door.)
(Interruption at th
22
23 BY MR. CRITTON:
eys is there -- with
24 Q. Other than the attorn
ere
r than the attorneys, is th
25 regard to the, othe
PROSE. COURT REPORTING AGENCY, INC.
EFTA00599745
Page 85
ree cases;
, on any of these th
anyone else other than
rm,
po te nt ia lly BR A, po tentially your new fi
that is,
does
. Ca ss el l, Mr . Ho we ll and the Plaintiff,
3 Mr
any
el se st an d to be ne fit from a recovery in
4 anyone
5 of those cases?
A. No.
6
inte rest in any of the
7 Q. Has anyone, has any
gned to a, to a third party
8 three cases been assi
firm;
rm or a lawyer or a law
9 other than a law fi
e service?
10 that is, to an outsid
A. No.
11
ntial
Q. Okay. Have any of the pote
12
ntial
rry. Have any of the pote
13 settlements -- I'm so
been
ttlement or verdict
14 proceeds from any se
e?
an yone to your knowledg
15 assigned or sold to
16 A. No.
., Jane Doe, or . sold,
17 Q. Has
for consid eration, money, or
18 assigned, exchanged
ntial
is es of mo ne y, any portion of their pote
19 prom
20 settlements?
21 A. No.
22 Q. Or recoveries?
23 A. No.
rrectly,
Q. If I understood you co
24
25 Mr. Edwards --
ENCY, INC.
PROSE COURT REPORTING AG
EFTA00599746
Page 86
r just a
MR. SCAROLA: Let me interrupt fo
r the circumstance
moment. I don't know whethe
2
e
to be sure, does the scop
applies but I want
otection
clude a letter of pr
of your question in
ovider?
5 to a health care pr
MR. CRITTON: No.
6
her that
MR. SCAROLA: I don't know whet
7
of these cases, but
8 has occurred in any
for?
what you're looking
9 assume that's not
I'm
MR. CRITTON: I wasn't, but no,
10
d
ink it would not be applie
11 looking for -- I th
e.
12 to any of the thre
sn't talking about
You understand I wa
13
s. I am talking about
health care provider
14
may
rson or entity that
some independent pe
15
en
interest or have be
have purchased some
16
st in any of those
assigned some intere
17
at?
three lawsuits. Do you understand th
18
your
THE WITNESS: I think I understood
19
d I
er was responsive an
20 question, and my answ
at
out lett ers of protection
21 was not thinking ab
gave my answer.
22 the time that I
23 BY MR. CRITTON:
od you correctly,
Q. With -- if I understo
24
se?
25 . was your first ca
ENCY, INC.
PROSE COURT REPORTING AG
EFTA00599747
Page 87
1 A. You understood me correctly.
r
Q. All right. And when did l". retain you
services, please?
clarify, she was my
4 A. And by first case, just to
first client --
Q• I will rephrase it.
t we're all
A. -- related to the matter tha
to things that happened to
8 familiar with that relates
9 IIII. when she was young.
on this way: If
10 Q. Let me rephrase the questi
is ., and I'm
11 I understand your testimony
I am not interested in
12 interested in Epstein cases;
ctice. You understand
13 other portions of your pra
14 that?
tand that
A. And I think that you unders
I do.
15
a
cas e, .'s cas e an d. .. case did not begin as
16 this
w
n. You know that and I kno
17 case against Jeffrey Epstei
difficult for me to ask,
18 that, and that's why it's
e
ated to these clients becaus
19 answer these questions rel
t the United States
20 this began as a case agains
21 Attorney's Office.
Q. All right. With regard to the, at least
22
of any of your three
23 your first representation
tein in some fashion,
24 clients that relate to Mr. Eps
your first client was ; is that correct?
25
INC.
PROSE COURT REPORTING AGENCY,
EFTA00599748
Page 88
A. That is correct.
u first -- well, let
2 Q. Do you recall when yo
you by
me strike that. She was referred to
4 Mr. Howell?
5 A. That is correct.
ll know you?
Q. Okay. And how did Mr. Howe
6
r a long time.
7 A. I have known him fo
8 Q. Law school?
nce, I'm from
A. No. I have known him si
9
le. I have
He's from Jacksonvil
10 Jacksonville Beach.
s old.
s probably ten year
11 known him when I wa
ior tole., h<ui
Q. Okay. Has Mr. Howell, pr
12
?
you any other client
13 he ever referred to
A. Yes.
14
sort of a sexual
Q. Did it involve some
15
16 assault or battery?
17 A. Yes.
ior to . had
Q. How many clients pr
18
rred you?
19 Mr. Howell ever refe
A. I don't know.
20
21 Q. More than one?
A. Yes.
22
what was
Q. When was referred to you,
23
to the nature of the
24 your understanding as
would it be?
25 representation, what
ENCY, INC.
PROSE COURT REPORTING AG
EFTA00599749
Page 89
A. I don't understand.
re you in
Q. Why did come, why did she hi
e?
What was the purpos
the first place?
t
into attorney-clien
4 A. This is going to get
h
ion as to wh y she hired me whic
5 privileged informat
that
e thin gs that she told me
6 would incorporate th
invoking
my re pr es en ta ti on, therefore, I am
7 related to
t answering.
8 the privilege and no
--
Wi th re ga rd to . you filed a case
9 Q.
yo u th is : Do yo u know how III came
10 well, let me ask
to
Mr . Ho we ll ? Di d he ever relate that
11 to contact
12 you?
ion that
MR. SCAROLA: If it's in informat
13
ruct you
your client, I inst
14 you obtained from
that you
not to answer. If it's information
15
ct you
well, I also instru
16 obtained from Mr. Ho
e on the
not to answer. Both instructions ar
17
ct
lient and work-produ
18 basis of attorney-c
19 privileges.
THE WITNESS: Attorney-client and
20
ege.
21 work-product privil
22 BY MR. CRITTON:
well -- and I don't
Q. Did you, did Mr. Ho
23
w --
formatio n, at least right no
24 want to know the in
about
you any information
25 did Mr. Howell give
AGENCY, INC.
PROSE COURT REPORTING
EFTA00599750
Page 90
or your seeing her?
1 prior to her coming to see you
2 A. Yes.
Q. Okay. And did . for the first, on the
r office or did you talk
4 first occasion come to you
go to her place?
5 to her by phone or did you
6 A. First time I talked to
7 Q. Yes, sir.
8 A. Was over the telephone.
Q. All right. And how long, how much time
9
that
transpired before . retained your services;
10
did you have with her
11 is, how many conversations
ained your services?
12 before she ultimately ret
ephone and then
13 A. One conversation over the tel
son at my office. That
14 the next meeting was in per
retaining my services.
15 meeting culminated with her
you had with
16 Q. And the initial conversation
?
17 her, what did she relate to you
vilege information
18 A. That's attorney-client pri
ulge.
19 that I am not going to div
e been
20 Q. During the time that you hav
alf of , has
21 involved in this case on beh
case; that is, has he
22 Mr. Howell participated in the
23 done work on the case?
24 A. Yes.
done?
25 Q. What kind of -- what has he
INC.
PROSE COURT REPORTING AGENCY,
EFTA00599751
Page. 91
lient
MR. SCAROLA: Objection, attorney-c
duct. Instruct you not
2 privilege and work-pro
to answer.
BY MR. CRITTON:
xt client was whom
Q. Your second, your ne
ein or to the United States
6 relating to Mr. Epst
7 Government?
8 A. I don't remember.
a case styled Jane
Q. You ultimately filed
9
ed
ti oners versus the Unit
10 Doe 1 and 2 were peti
July of '08, correct?
11 States of America in
12 A. That's correct.
Q. Okay. Who was Jane Doe 1?
13
14 A.
15 Q. Who was Jane Doe 2?
16 A.
wa s filed, were you
17 Q. At the time that suit
e?
e--. , I'm sorry, Jane Do
18 representing Jane Do
not sure.
19 A. I believe so, but I'm
that you did for,
Q. In terms of the work
20
r all three of the individuals
21 that you have done fo
practi tioner, did you keep
22 when you were a solo
me
at is, did you keep ti
23 track of the time; th
24 records?
on?
25 A. What's your questi
ENCY, INC.
PROSE COURT REPORTING AG
EFTA00599752
Page 92
you were a solo
1 Q. During the time that
of
wo rk in g on Jane Doe, whichever
2 prac ti ti on er
ep time
you had, did you ke
3 the three cases that
4 records?
A. Some.
5
y
cords on contingenc
6 Q. Do you keep time re
od?
did you du ring that time peri
7 cases generally, or
A. It's my intent to.
8
with, when you
Q. Okay. Same would be true
9
ey ha ve a time program?
10 were at RRA, did th
program.
A. They did have a time
11
time that you spent on
Q. Did you input your
12
cases?
13 the Epstein related
ent of the firm.
A. That was a requirem
14
en put down
Q. Okay. So, you would have be
15
ev er ti me yo u sp en t, whether it was a
16 what
is that
or an hourly case;
17 contingency fee case
18 correct?
that's correct.
A. For the most part;
19
Mr. Nowell has been
Q. During the time that
20
e you with
case, does he provid
21 associated with the
of work
re co rd s as to the work or the amount
22 time
the case?
23 that he has done on
A. No.
24
of his time that
Q. Okay. Does he keep track
25
AGENCY, INC.
PROSE COURT REPORTING
EFTA00599753
Page 93
of the cases?
he has spent on each
2 A. I do not know.
eadings
Di d yo u -- ha s he prepared any pl
3 Q.
ed with the cases?
or documents associat
n answer that
MR. SCAROLA: You ca
6 question.
THE WITNESS: Define prepared.
7
8 BY MR. SCAROLA:
art,
Q. All right. Prepared, prepared, st
9
, has he
d from scratch; that is
10 first of all, starte
ve
e pleading s or papers that ha
11 prepared any of th
ting from
th e three cases star
12 been filed in any of
d have been -- not because you
13 scratch that he woul
and you
arte d with the complaint
14 said this but he st
n
but he st arted the preparatio
15 may have changed it,
16 of the document?
he started the
17 A. Your question is has
ment now, right?
18 preparation of a docu
d
pa per that's been file
19 Q. Any document, any
rth
uld sa y passed back and fo
20 in the cases or I wo
y of the three cases?
21 between lawyers in an
sed, I mean what --
A. Has he had edited revi
22
asking did he start
23 Q. Right now I am just
pe
a comp laint or a similar ty
24 the document such as
25 document?
AGENCY, INC.
PROSE COURT REPORTING
EFTA00599754
Page 94
A. That was filed in the case?
Q. Correct.
A. No.
1 Q. Okay. Has he worked on documents, whether
it's editing, adding, deleting from pleadings that
6 you, pleadings or papers that you have prepared?
A. Yes. Bob, can you hand me that water?
II Q. Yes.
9 A. Thanks. Appreciate it.
10 Q. You're welcome. Has he continued, did he
1.1 continued to be involved not only when you were a
t2 solo practitioner but during the time that you were
13 with RRA with regard to editing or working on the
14 cases?
15 A. To an extent.
16 Q. Okay. Do you, how often on the cases have
17 you consulted with Mr. Howell? By that I mean
18 before a decision is made as to how you want to do
19 discovery or proceed with the filing of the pleading
20 or how you're going to respond, does Mr. Howell, do
21 you consult with Mr. Howell during the time you were
22 both solo practicer and were at RRA?
23 A. Is your question asking for the answer to be
24 in a percentage? How often do I consult? I am just not
25 sure how to quantify.
PROSE COURT REPORTING AGENCY, INC.
EFTA00599755
Page 95
Q. Sure. I am okay with that. How often do
2 you consult with Mr. Howell with regard to those
three cases prior to the time that you started with
4 your current Farmer, Jaffe association?
A. It is an impossible question for me to answer
6 accurately with a percentage that I have spoken with
7 Mr. Howell about any particular document or anything.
8 Q. As to pleadings, do you discuss, do you
9 send it to him for his review, editing, before you
10 file a pleading?
11 A. Typically no.
12 Q. How often do you consult or have you
13 consulted with Mr. Howell during the time you were
14 with RRA?
15 A. What type of an answer do you want in terms of
16 how often have I?
17 Q. Do you do it once a day?
18 A. Have I ever? I have.
19 Q. Is it a pretty common practice that when
20 you're going to file or do something that you would
21 contact Mr. Howell?
22 A. Not at all.
23 Q. So, do you --
24 A. Not at all common I mean.
25 Q. So, during the course of the month, say
PROSE COURT REPORTING AGENCY, INC.
EFTA00599756
Page 96
during the time that you were at RRA, how often
would you consult with Mr. Howell regarding the
cases? And I recognize every day or every week
might be different. Would you speak with him like
once a month, or two or three times a month, or
generally once every couple of months?
A. Depending on what was going on in the cases at
the time, at sometimes more than others.
9 Q. How did III. come to be a client of yours?
10 A. She called me.
11 Q. And how did she get your name?
1.2 MR. SCAROLA: To the extent that your
13 response to that question would require that
1 1 you reveal either work-product or
15 attorney-client privileged information, I
16 instruct you not to answer.
17 THE WITNESS: I simply don't know.
BY MR. CRITTON:
Q. Did Ms. III. hire you in the or I'm
going to strike that.
21 How many conversations did you have
22 with and/or meetings did you have with Ms.
93 before you hired her, or before she hired you. I'm
24 sorry.
25 A. I don't remember.
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1 O. Did she ever come and meet you at your
2 office?
3 A. From the beginning of time until today?
4 Q. No. Back at the time prior to retaining
5 your services.
6 A. I don't remember.
7 Q. Did you ever meet her at her residence or
8 place of work? Let me ask you this: Have you ever
9 met her at her place of business or a place of
10 business?
11 A. No.
12 Q. Have you ever met her at her home, whether
13 it's an apartment or home, whatever?
14 A. Now, you're asking from the beginning of time
15 until now?
16 Q. No. Up until the time she hired you, did
17 you ever meet with her?
18 A. Okay.
I9 Q. At her home or apartment.
20 A. To the best of my recollection, no.
71 Q. Did you -- did she sign, to the best of
22 your recollection did she sign a fee agreement?
23 Well, let me strike that. There is a, there is a
)4 written fee agreement between III. and you and
25 then --
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1 A. Correct.
Q. -- her originally?
3 A. Correct.
Q. Did you ever meet her prior to her signing
5 that fee agreement?
6 A. Yes.
7 Q. And do you remember where that meeting
8 took place?
9 A. Generally, yes.
0 Q. Okay. Where?
A. A park.
12 Q. And what town?
13 A. I don't know.
14 Q. You don't know whether it was in Broward
1 1, County or Palm Beach County?
16 A. I do know.
I Q. Which county?
is? A. Palm Beach County.
1Y Q. Was that arranged by her to meet her
0 there?
A. Yes.
22 Q. And what, for what purpose did Ms.
23 originally hire you?
24 MR. SCAROLA: I am going to object. That
25 calls for attorney-client privilege
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information.
2 BY MR. CRITTON:
Q. When you met Ms. in at the park was
anyone else present?
A. Yes.
Q. Who?
A. I don't know.
Q. Male or female?
0 A. I presume both. It's a park.
JO Q. No, no, no. In the meeting that you had
11 with her -- my guess is there were probably a lot of
12 people in the park?
A. Correct.
14 Q. In the meeting that you had with Mill.
was anyone else present?
16 A. For the conversations between myself and
17 Ms. III., no.
18 Q. When you first met with . was anyone
19 present for the conversations between that you and
20 Ms.
21 A. No.
22 Q. I think you told me at the time that the
23 complaint was filed or at the time that the Jane Doe
24 1 and 2 sued the United States Government which was
95 in early July, it was July 8th of '08, you don't
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recall whether you were representing Jane Doe at
2 that time?
3 A. I believe I was but I do not recall for sure.
4 Q. At the time do you know whether, at the
time that you represented Jane Doe 1, do you know
whether her name, whether she was considered a
7 victim by the United States Attorney's Office?
8 A. Ask your question again.
9 Q. All right. At the time you began
10 representing . or at any time prior to the filing
1 1 of the lawsuit against the United States Government
in July of '08, did you learn whether she was listed
as a, or deemed to be a victim by the United States
14 Attorney's Office?
MR. SCAROLA: If that is information that
16 you obtained in the course of the performance
17 of your responsibilities in representation of
si any client, I would instruct you not to answer.
lq If that information was obtained
20 through some public source independent of
21 the work that you performed as counsel,
22 then you may respond.
23 THE WITNESS: I cannot respond.
24 BY MR. CRITTON:
25 O. With regard to the question, I am not
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1 interested in what you learned from All right.
2 Did you learn from either any correspondence or a
3 telephone call with any third party that whether
4 again prior to the -- let me start again.
Prior to the filing of the lawsuit
6 against Jane Doe 1 and Jane Doe 2 against the United
7 States Government, did you learn from any source,
8 maybe a document, maybe a telephone call or a
9 conversation that you had with a third party
10 separate from your client, that . was a victim or
11 was deemed to be a victim by the United States
12 Government or the United States Attorney's Office?
13 MR. SCAROLA: Same objection and
14 instruction.
15 BY MR. CRITTON:
16 Q. Same question with regard to III. Miller.
MR. SCAROLA: Same objection and
18 instruction.
19 BY MR. CRITTON:
20 0. And same question with regard to Jane Doe.
21 MR. SCAROLA: Same objection and
22 instruction.
23 BY MR. CRITTON:
24 Q. Prior to your filing the lawsuit with
25 United States Government, did you ever any
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1 conversations with the United States Attorney's
2 Office --
3 MR. SCAROLA: I assume --
4 BY MR. CRITTON:
5 Q. -- regarding, regarding, regarding the
6 subject of the lawsuit or Jeffrey Epstein?
7 MR. SCAROLA: Same objection and
8 instruction.
9 MR. CRITTON: These are third parties;
0 where is the work product?
1 MR. SCAROLA: Work product has to do with
I/ anything that was done in connection with the
I3 representation of these three clients. If he
I4 had such conversations independent of his
15 representation of those clients, then he can
16 respond to the question.
17 BY MR. CRITTON:
18 Q. Well, let me ask you a broader question.
19 After you filed the lawsuit against the United
20 States of America, were you aware that Marie
21 Villafana or the United States Attorney's Office
22 represented the USA, correct?
23 A. Yes.
24 Q. All right. Did you ever speak with Marie
25 Villafana during, during the pendency of that
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litigation which is still pending today?
2 MR. SCAROLA: And I assume that question
is qualified by inquiring as to whether such a
4 conversation occurred with regard to any of the
5 three individuals who he is representing claims
6 against Mr. Epstein or the U.S. Attorney's
Office, correct?
8 MR. CRITTON: Say that again?
9 MR. SCAROLA: Yes, sir. Are you asking
10 whether such conversations occurred that were
11 relevant to his prosecution of the claims on
12 behalf of his three clients?
13 MR. CRITTON: Sure.
14 MR. SCAROLA: Then, then the instruction
15 remains the same. The objection remains the
16 same.
17 BY MR. SCAROLA:
18 Q. So, even if, do you even if you talked
19 about it with Mrs. Villafana, even if your client
20 Mr. Edwards spoke with Mrs. Villafana about a
21 scheduling issue, it's your position that that is
22 what, work-product?
23 MR. SCAROLA: That's correct. We are not
24 going to discuss anything that Mr. Edwards did
25 in the course of the prosecution of his claims
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1 on behalf of his clients.
2 MR. CRITTON: So, any question that I ask
3 you with regard to conversations that
4 Mr. Edwards had with the U.S.A.O.'S office,
whether it was Mrs. Villafana or anyone else
6 from the time, with regard to the Jane Doe 1
7 and Jane Doe 2 versus U.S.A. case, you would
8 instruct Mr. Edwards not to answer those
9 questions?
10 MR. SCAROLA: That is correct.
MR. CRITTON: So if I
'2 MR. SCAROLA: Obviously pending --
13 MR. CRITTON: -- let me just finish.
14 MR. SCAROLA: Obviously pending, obviously
15 pending some instructions or guidance from the
16 court with regard to how the court will
17 interpret the work-product privilege in this
18 context. I might also add that it is our
19 position that any such inquiry exerts a
20 chilling effect upon the work that Mr. Edwards
21 continues to do on behalf of his three clients.
22 It is intended as a means to obtain
23 discovery that would not otherwise be
24 available in those pending claims. It is
25 intended to annoy, harass, and embarrass
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Mr. Epstein in a lawsuit that has
absolutely no foundation whatsoever, and
was filed for purposes other than a
legitimate claim against Mr. Edwards based
5 upon any good faith belief that he engaged
6 in any form of improper or tortious
7 conduct and --
II CRITTON: Done?
9 MR. SCAROLA: -- those inquires are not
1O reasonably calculated to lead to the discovery
11 of admissible and relevant evidence. So, for
12 all of those reasons, we object.
13 MR. CRITTON: And let me just put on the
14 record very briefly so at least at this point
15 in time this is all information that clearly is
16 relevant to the complaint as it's alleged.
17 I have received a, my client and I
18 have both received a letter from you
19 asserting a motion for fees and costs and
20 certain sanctions under 57.105, by not
21 allowing us to ask what are clearly, I
22 believe, relevant material, basic
23 discoverable information are preventing
24 our ability to get all of the facts here
25 such that we can make a reasonable
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1 decision as to whether or not the 57.105
motion and letter which you sent to me was
filed in good faith or has any basis in
it. We're unable then to, we'll be in
large part unable to evaluate our
o position.
MR. SCAROLA: And our position is that
those are decisions that should well have been
made, could have been made, and should have
been made before you ever filed the claim.
MR. CRITTON: All right. Are we done?
MR. SCAROLA: Yes.
MR. CRITTON: All right.
14 MR. SCAROLA: At least for now.
it MR. CRITTON: I'm shocked.
IG BY MR. CRITTON:
17 Q. With regard to, with regard to the claim
18 Jane Doe 1 and Jane Doe 2 that is currently
19 pending -- or let me strike that. Jane Doe 2 --
20 Jane Doe 1 and Jane Doe 2 against the U.S.A. that
21 was filed in July of '08, that case is still
22 pending.
23 A. Okay.
24 Q. Is that correct?
25 A. That was a question, yes.
1.4:•••ams- , t,.
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Q. All right. And have any, have you had any
2 discussions -- well, let me strike that. What's the
3 status of that case?
4 A. It's still pending.
Q. Other than still pending is a, is there,
6 are there any outstanding motions?
7 A. No.
Q. I want to ask, to get back to one question
9 with regard to both the Qtask and with regard to the
0 Fortis system -- well, let me strike that.
1 With regard to the hard copies of the
12 files that you had that is any paper files that you
13 had associated with the Epstein files, where would
1.4 they have been kept at RRA?
15 A. In a filing cabinet.
16 Q. And were the filing cabinets in your
office or were they out in the general hallways?
8 A. They were filing cabinets in my office and in
9 other locations in the office.
)0 Q. Okay. With regard to the Epstein related
matters, where did you keep those if they were --
22 and by that that is the hard copies, did you keep
23 those solely in your office or would they have been
24 both in your office and in other places throughout
25 RRA?
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1 A. There were times when they were in my office
2 and there were times when they were kept in filing
3 cabinets elsewhere on one of the RRA floors. I believe
4 there were five or six floors of RRA
Q. Okay. Was there a central storage, say if
6 there were a number of files in this instance
7 relating to Mr. Epstein, could you send those to
8 basically central storage and if you wanted someone
9 could go down and pick them up and bring them up to
10 you?
11 A. I don't know.
12 Q. Well, if you wanted to access something
13 that was in an Epstein file, and it wasn't in your
14 office, how did you access it; that is, a hard copy?
15 A. You're speaking specifically about
16 Mr. Epstein's cases or hypothetically with any cases?
L/ Q. No, Mr. Epstein's cases?
18 A. As I sit here right now, I can't say with
19 absolute certainty that I ever had a piece of the hard
20 copy file requested for it to be brought to me.
21 Q. Well, with regard to Mr. Epstein's files,
22 though, if they were in a location, would it be a
23 correct statement that those were not, wasn't a
24 locked location or a secure location within the
25 contents of within the confines of the firm?
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1 A. I don't know that that's a correct statement.
2 Q. You don't know one way or the other?
3 A. The law firm was constantly expanding and
4 constantly under construction. For the most part in the
5 beginning the cases were kept in a, in a filing cabinet
6 in my office and later were kept in a filing cabinet, I
7 believe, in a locked storage location in another area of
8 the office.
9 Q. And did any attorney have access to that
10 storage area or do you know?
11 A. I believe any attorney could have had access.
12 Q. And if the attorney could have access, you
13 wouldn't necessarily know about it, true?
A. Correct.
!'5 Q. In the trustee's filing that they made in
16 response to my motion to preserve evidence, they
17 indicated that 13 boxes relating to Jeffrey Epstein
18 had been removed by the FBI or the government when
19 they came into the RRA offices. Do you remember
20 seeing that pleading?
ml A. No.
22 Q. Okay. Are you, were there, in fact, 13
23 boxes of material or at least 13 banker's boxes of
24 material that related to matters directed to,
25 whether, whatever the content related to Mr. Epstein
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1 that you were aware of; that is, hard copies?
2 A. I don't know.
3 Q. Okay. Could have been more, could have
4 been less; you just don't know?
5 A. Correct.
6 Q. If I understood your testimony,
7 Mr. Rothstein, Mr. Rosenfeldt, any other attorney or
8 investigator could have accessed those files
9 depending or where they were within the firm, true?
10 A. I am not sure exactly who could have accessed
11 it. You asked me if the attorneys could and the
12 attorneys had swipe cards for various locked areas.
13 Each attorney I believe had access to any area where
14 those files were located. I believe so.
15 Q. Okay. Well, during the time you were
16 there did an individual by the name of Ken Jenne
17 work there?
18 A. Yes.
19 Q. Okay. Did an individual by the name of
20 Mike Fisten work for the firm --
21 A. Yes.
22 Q. -- for RRA? Were they employees of the
23 firm or were they independent contractors?
24 A. I don't know.
25 Q. Okay. During the time they were there,
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1 did they also have swipe cards so that they could
access different areas in the firm?
A. I believe so.
Q. With regard to when you joined RRA, did
you ever have any further meetings with
6 Mr. Rothstein; that is, from the day you started at
7 RRA, did you ever meet Mr. Rothstein again?
8 A. By meet him again --
9 Q. Did you ever have a meeting with him again
10 regarding your position in the firm?
11 A. No.
12 Q. Okay. Did you ever meet with him and a
13 number of other individuals with regards to firm
11 business?
15 A. No.
II Q. Firm cases?
1, A. I don't believe so.
18 Q. Was Mr. Rothstein ever present in any
19 meeting where any of your cases were discussed? Let
20 me strike that. Was Mr. Rothstein ever present
21 wherein at any meeting where any of the cases
22 against Jeffrey Epstein were discussed? Don't tell
23 me content; just was he ever present.
24 A. How would I know that? I don't know. He
25 could, he could be in a meeting right now where the case
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1 could be discussed for all X know.
2 Q. I'm sorry. Obviously, where you, where
3 you were present. Where you ever present at a
4 meeting where Mr. Rothstein was also present where
5 the Epstein cases were discussed?
6 A. No.
7 Q. Did he ever call you to communicate with
8 you, call you either by phone, video conference, in
9 any fashion to discuss any act aspect of the cases
10 that you had against Jeffrey Epstein?
11 MR. SCAROLA: You can answer that.
12 THE WITNESS: He has communicated about
13 various, about legal issues related to the case
14 as well as commented about the case to me on
15 very few occasions but I would say less than
16 three times.
17 BY MR. CRITTON:
18 Q. During the time that you, from April of
19 '09 through late October of '09, correct?
20 A. In that time period, where, is that when
21 these --
22 Q. Correct.
23 A. -- things happened?
24 Q. Well, that's the time you were there;
25 that's what I am asking.
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1 A. When I was there.
2 Q. And do you, can you remember the date, any
3 specific date that you spoke with him?
A. No.
Q. Do you remember any specific month that
you would have had one of the -- well, what did you
say something less than five conversations? I don't
want to misquote you.
A. I said less than three conversations.
10 Q. All right. So, something less then three
11 conversations you had with Mr. Rothstein regarding
12 Epstein cases, either legal issue or a comment, some
13 comment about the case to you, correct?
14 A. Yes.
15 Q. All right. The first time that he ever
16 spoke to you, did he call you or did you call him?
17 A. I, I never called Scott Rothstein about
18 anything. Oh, take that back. About anything related
19 to Jeffrey Epstein.
20 Q. The first conversation that you can recall
21 where either a legal issue or a comment was made
22 about Jeffrey Epstein by Mr. Rothstein to you, he
23 obviously initiated the call?
24 A. It wasn't a call.
25 Q. What was it?
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A. A comment in passing. And I believe I was
sitting at a table in BOVA when he walked over to my
3 table and commented about Jeffrey Epstein.
Q. Okay. Who were you there with at the
5 time?
A. I don't remember.
7 Q. Were you with some friends? Were you with
8 other lawyers?
9 A. All right. I am jogging my memory. I, I have
10 no idea.
11 Q. What did he say?
12 MR. SCAROLA: To the extent that you can
13 answer that question without disclosing any
14 mental impressions with regard to the lawsuit
5 or any attorney-client privileged
communications, you can answer.
To the extent that it might invade
either the work-product or attorney-client
I, privilege, you should not respond.
/0 THE WITNESS: Can I talk to you?
MR. SCAROLA: Sure.
22 (A brief recess was held.)
23 MR. SCAROLA: Are we on?
24 THE VIDEOGRAPHER: Yeah.
25 MR. SCAROLA: The record should reflect
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that we have had an opportunity to consult and
I have advised Mr. Edwards that there is no
privilege protection for the particular
communications involved.
BY MR. CRITTON:
Q. What did he say?
7 A. He commented to me, I want you to get that
U pedophile.
Q. And your response was what?
LO A. I didn't respond.
11 Q. All right. Second conversation that you
12 can remember, where were you?
13 A. I had just come out of the conference room on
14 the main floor after taking a deposition in another
15 case. And he walked by and said, did you get that F'ing
16 pedophile yet.
17 Q. And your response?
18 A. Again.
19 Q. No response.
20 A. Didn't respond.
21 Q. On the first occasion when he came over
22 and if I understand correctly, all he said was the
23 comment that you referenced and then he left. You
24 didn't respond and then he just made the comment and
25 then left?
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1 A. Right. He was walking by in his normal, loud,
ostentatious kind of way, greeting everybody in the
restaurant. Came over to my table and he feels, at
least my impression was obliged to say something to
everyone. And that's the comment he said to me.
6 And if you've ever seen him, he is
7 basically always just skipping around and he hoped
8 on over somewhere else. So, yes, it was in,
9 literally in passing.
10 Q. Okay. How, how, how did he even know you
11 had cases involving Mr. Epstein?
12 A. I don't know.
13 Q. Because I think you testified earlier that
14 you had never discussed an Epstein case with
15 Mr. Rothstein one-on-one, correct?
16 A. Absolutely, true.
17 Q. You never discussed an Epstein case or
18 either of your three clients with Mr. Rothstein even
19 with a group of people around, correct?
20 A. Correct.
21 Q. All right. Do you remember a third
22 occasion that he spoke to you regarding Epstein
23 related occasion, cases?
24 A. Anything else that he ever spoke with me about
25 related to Epstein related issues is attorney-client and
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work-product privileged information that I am not going
to divulge.
3 Q. Okay. I am not -- I need to still ask the
4 last question though. I thought you said earlier is
5 that you never had any substantive conversations,
6 maybe I misunderstood, with Mr. Rothstein about the
7 Epstein cases. Did I misunderstand you?
8 A. I don't believe that that was -- I had
9 conversations at a point about legal issues related to
10 Jeffrey Epstein and that's, that's it.
11 Q. Was that a one conversation? Was that a
12 number of conversations that you had where legal
13 issues were discussed as to, separate and apart from
14 the two comments he made about the case to you which
15 you were, you waived any privilege, work-product or
16 attorney-client privilege?
A. I, I can't tell you. If you and I this
18 morning had a conversation and then we took a bathroom
19 break, and we had the same continuing conversation, I
20 don't know if that's one conversation or two. But I can
21 tell you the, the only time I remember Scott Rothstein
22 participating in any way, shape, or form in any
23 conversation related to anything substantive dealing
)4 with, and not dealing with any specific client but a
25 legal issue, was on a particular one-day event, one-day
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1 conversation, if you want to call it.
2 Q. And that's at what time? At that time
3 legal issues were discussed?
4 MR. SCAROLA: Legal issue was the
5 testimony, a particular legal issue.
6 MR. CRITTON: Correct. A legal issue.
7 BY MR. CRITTON:
II Q. When did that occur; that is, this one-day
9 discussion or a day discussion occur regarding a
10 specific legal issue?
11 A. I don't know.
12 Q. Was he present, he Mr. Rothstein and you
13 present at the same time?
14 A. Yes.
15 Q. Okay. Was anyone else there with you?
16 A. Yes.
17 Q. Who else was present?
18 A. Russ Adler, someone was on the telephone. I'm
19 not remembering who that was. I can't remember. I will
20 tell you if I do remember.
21 Q. Was Bill Berger there?
22 A. No.
23 Q. And, you don't. So, there was you. Well,
24 let me strike that. Where did the conversation take
25 place?
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J. A. Scott Rothstein's office.
2 Q. Had you been called up to meet with
3 Mr. Rothstein?
A. Yes.
Q. Okay. And who contacted you and told you
6 that Mr. Rothstein wanted to see you?
7 A. His, his secretary or paralegal or something.
8 Q. And did you get a call saying Mr.
9 Rothstein would like to see you right now, or was it
10 something that was scheduled?
11 A. It was not scheduled.
12 Q. So, you got a call and somebody told you,
13 come up, Scott, Scott wants to see you.
14 A. I don't remember exactly what was used, but it
15 was I believe, Russell is discussing a legal issue with
Scott Rothstein; come to his office.
17 Q. Okay. Was the legal issue, did it involve
18 one of the Epstein cases or the Epstein cases?
19 A. It, it was a legal issue related to -- ys: .
20 Q. Okay. How long, how much time did you
21 spend -- well, let me strike that. So, when you
22 went up to Mr. Rothstein's office, it's -- I
23 understand you had to go through some security to
24 get in?
25 A. You've seen the video?
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1 Q. I actually haven't.
A. Oh, really. Okay. Yeah, it's --
3 Q. In order to get into Mr. Rothstein's
4 A. It's like a compound.
Q. Kind of concern you that this guy running
6 the firm had a compound?
7 A. I -- at the time, no. In retrospect, okay,
8 now that we all know how this whole thing unfolded, but
9 at the time, no.
10 Q. Had you ever worked in an office? And you
11 had worked at some big offices. You worked at the
12 State Attorney's office in Broward County?
'3 A. True.
14 Q. You worked for, I think for Kubicki
5 Draper?
;6 A. Correct.
17 Q. Did Mr. Kubicki, Gene Kubicki ever have a
8 compound around his office that you had to go
19 through any type of security either people and/or
20 locked doors or secured doors in order to access
21 him?
22 A. No.
23 Q. Had you ever worked other than the Broward
24 County Sheriff's, at the Broward County State
25 Attorney's Office with, and with Kubicki Draper, had
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1 you ever worked for a large firm?
2 A. No. You just named all the places I have
3 worked.
4 Q. All right. Is this the first time then
5 that you had been to Mr. Rothstein's office that he
6 called you up there?
7 A. No.
8 Q. You had been in his office before?
9 A. One time.
10 Q. And what was that occasion?
11 A. I was having back surgery, and I went there to
12 tell him I am having back surgery. As you know I had
13 back surgery, and I was telling him I don't know how
14 long I'm going to be off because, you know, the recovery
15 time is different for everybody.
16 Q. Is that the only thing you talked about,
17 the back surgery?
18 A. That's the only thing we talked about.
19 Q. Did the meeting you had with Scott, when
20 you went up, when you were called up to his office
21 that day, did that occur before your back surgery
22 episode or meeting or after?
23 A. After.
24 Q. So, you would, you had back surgery.
25 think you were out two or three weeks and then you
twaSt.da•MCCI ,
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1 returned to the office, and then that meeting would
2 have occurred?
3 A. Yeah, that's correct.
4 Q. When you, in order to get into the office
5 just as you have described it as a bunker, how many,
6 did you have to go through any security people to
7 get into --
8 MR. SCAROLA: No, I think the description
9 was a compound.
10 MR. CRITTON: I will use compound. Are
11 you more comfortable with compound or a bunker?
12 I have seen it described both ways. I haven't
13 seen the video, but I have seen it described
14 both ways.
15 THE WITNESS: I will describe it for you.
16 Well, first I will answer your question.
17 Security people, I don't know if there was ever
18 a time where one would have to go through
19 security people to get to his office. But on
20 the day or two days that I have been in his
21 office, I did not encounter any security
22 personnel.
23 BY MR. CRITTON:
24 Q• Did you have to be buzzed into the office?
25 A. It was more complicated than that.
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1 Q. How many security, different security
2 levels did you have to go through in order to get,
3 to go have your meeting with Mr. Rothstein and
4 Mr. Adler?
5 A. Two.
6 Q. And to your recollection you don't
7 remember ever seeing a security person?
8 A. Right.
9 Q. Okay. Who was in the office?
10 A. Well --
11 Q. I'm sorry.
12 A. I do not remember seeing a security person
13 manning the door or granting access to his office. I
saw security people every day in the office of RRA
Q. All right. And when you got into the
"6 office, Mr. Rothstein was there?
17 A. Yes.
18 Q. Mr. Adler?
19 A. Yes.
20 Q. There was someone on the telephone who you
21 don't recall?
22 A. Yes.
23 Q. Okay. Was there anyone else present?
24 A. Not that I remember.
25 Q. Okay. Was, were there any investigators,
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1 was Mr. Jenne or Mr. Fisten present?
2 A. No.
3 Q. So, it was, you, Rothstein, Adler, and
4 someone on the phone; that's it?
5 A. From what I remember.
6 Q. How long did the meeting last?
7 A. I don't know how long the meeting lasted.
B Q. Five minutes or was it a substantially
9 long meeting?
10 A. Do you want how long I was in the meeting, 1
11 can give you an answer. How long the meeting lasted, I
12 have no idea.
13 Q. How long did the meeting last while you
14 were present?
15 A. Less than five minutes.
16 Q. Was the value of any of the three cases
1/ discussed at all?
£1 A. No.
19 Q. Did Mr. Rothstein, did Mr. Rothstein
20 appear to be knowledgeable about your cases?
21 A. No.
22 Q. Mr. Adler, was Mr. Adler someone that you
23 had discussed the cases with on a somewhat regular
24 basis --
25 MR. SCAROLA: Objection, compound.
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1 BY MR. CRITTON:
2 Q. -- not content. Was Mr. Adler someone
3 that you had discussed these Epstein cases with
4 prior to that meeting?
5 A. Yes.
6 Q. Was he familiar with the cases, generally?
7 A. He attended Jeffrey Epstein's deposition, so
8 he heard the questions asked and heard the Fifth
9 Amendment invocation and so the adverse inferences and
10 was therefore informed --
11 MR. CRITTON: Move to strike as
12 nonresponsive.
13 BY MR. CRITTON:
14 Q. My question is was he familiar generally
15 with the subject matter of the litigation against
16 Mr. Epstein?
17 A. In that he read the newspaper articles about
18 molesting a bunch of children, yes, he was familiar with
19 the subject matter.
20 Q. And he read -- did you provide him with
21 copies of the pleadings in these cases when they
22 came to RRA?
23 A. No.
24 Q. What was the topic? What was the legal
25 issue that you discussed -- well, let me strike
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1 that. Who raised the legal issue, did
2 Mr. Adler raise it or did Mr. Rothstein?
3 A. I don't know.
4 Q. Okay. Well, how did the, who started the,
if you were there I think you said five minutes, who
6 did the talking?
7 A. When I came in the, in the office, it was in
the middle of a discussion.
Q. Was a question posed to you?
A. The question was on the table at least from my
1 perspective coming into the room and was then directed
12 at me, what's the answer to this particular legal issue.
13 Q. And what was the legal issue?
14 MR. SCAROLA: Let's talk for just a
15 second.
16 THE VIDEOGRAPHER: Are we going off the
17 record?
MR. SCAROLA: Actually, we don't even have
19 to go off the record. Stay right here.
20 If this was an issue that was
21 identified during the course of the legal
22 proceedings to opposing counsel, then I am
23 going to allow you to you identify the
issue without getting into any of the
substance of the discussion regarding that
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issue.
If it was not an issue that was
identified in the course of the
proceedings to opposing counsel, I am
going to object and instruct you not to
6 answer on the basis of the work-product
7 privilege.
8 THE WITNESS: Work-product privilege.
9 BY MR. CRITTON:
10 Q. Do you know an individual by the name of
11 Fandry, F-a-n-d-r-y?
12 A. That name doesn't ring a bell right now.
13 Q. Do you know him to be -- does that name
11 mean anything with regard to, as an investigator,
1' Fandry?
r, A. That's a male?
ii Q. Pardon?
18 A. That's a first name or a last name?
19 Q. Last name, Richard Fandry.
20 A. I know an investigator named Rick that did
21 work, was contracted out by RRA to do investigative
22 work. I don't know his last name but --
23 Q. Did, did Rick ever do any work on any of
24 the Epstein cases to your knowledge?
25 A. I believe so.
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1 Q. Do you know what the name of his business
2 was?
3 A. No.
4 Q. Is Rick still being employed at the
5 current time by your firm to do investigation?
6 A. No.
7 Q. Is Mr. -- I asked you earlier if you knew
8 Ken Jenne and Michael Fisten and you said yes and
9 you knew that they had an association with RRA; is
10 that correct?
11 A. Yeah, that's correct.
12 Q. And do you know whether they were
13 employees or whether they were independent
14 contractors?
15 A. You asked me that and I still have no idea.
16 Q. Did they have offices within RRA,
17 Mr. Jenne and Mr. Fisten?
18 A. They, Mr. Jenne definitely had an office
19 within RRA Mr. Fisten was normally in the field and I
20 assume he had a place to go in RRA I don't know if you
21 call it an office.
22 Q. Did you ever go
23 A. That's it.
24 Q. Did you ever go meet with him within RRA?
25 A. Yes.
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1 Q. Where did you go -- did you go to an
2 office to meet him?
3 A. Well, I went to a particular area, a locked
area that I could get in with my swipe card and there
5 was a, a room like this. Is this an office?
6 Q. Sure.
7 A. Okay. Then yes.
8 Q. If you wanted to contact Mr. Fisten, did
9 you, did you have a number; that is, an inside
10 number?
11 A. I don't know.
12 Q. Did Mr. Fisten do work on the Epstein
13 related cases?
14 A. Yes.
15 Q. Okay. What kind of work did he do?
16 A. Investigator.
17 Q. Meaning what?
18 A. Meaning investigative work.
19 Q. Okay. Has Mr. Fisten continued to do --
20 let me strike that. When RRA imploded in early or
21 in late '09, in October of '09, did Mr. Fisten come
22 to work for your firm?
23 A. Yes.
24 Q. Farmer, Jaffe. Is he an employee of your
25 firm?
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1 A. Correct.
2 Q. How about Mr. Jenne, is he currently
3 employed by your firm?
4 A. No.
5 Q. Do Mr. Jenne and Mr. Fisten, to your
6 knowledge, have any association at the current time?
7 A. No.
8 Q. Have, has Mr. Fisten continued to do work
9 on behalf of your firm; that is, investigative work
10 relating to Mr. Epstein?
11 A. What do you mean has he continued to?
12 Q. Has he continued, has Mr. Fisten done,
13 continued to do investigative work since he had been
'1 with Farmer Jaffe relating to the Epstein cases?
15 A. On, on many cases and Jeffrey Epstein's case
16 being one of them, yes, he's done some work.
17 Q. Has he, has he as well -- well, let me
18 strike that. Has Ken Jenne done any work for any
19 outside agency, investigative agency or entity, done
20 investigation work relating to Jeffrey Epstein here
21 in the State of Florida?
22 A. I don't, I don't know. I don't talk to him.
23 Q. Have you had any contact -- well, let me
24 strike that. Did you ever have any contact with
25 Mr. Jenne during the time you were at RRA?
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1 A. Yes.
Q. Did he ever do any work, or did you ever
3 direct him to do any work with regard to the Epstein
4 cases?
5 A. No.
6 Q. Did he know about the Epstein cases?
7 A. Yes.
8 Q. Okay. And how did he know? How did you
9 know he knew? Well, let me strike that. I think
10 you said you never directed him to do any work?
11 A. Right.
12 Q. Okay. And how do you know he was
13 knowledgeable about the Epstein cases?
14 A. I talked to him about it before.
15 Q. Did you discuss the facts and
16 circumstances of the cases with him?
17 A. Of .1 ., and Jane Doe's specific
18 circumstances, no. In fact, I would say, I would
19 highly, it's highly unlikely that he would even know
20 their names.
21 Q. But you have discussed the Epstein cases
22 with him generically?
)3 A. Right.
24 Q. And did he approach you about discussing
25 the Epstein cases or did you approach him?
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1 A. He would have approached me. I didn't know
2 him.
3 Q. Do you recall why -- let me strike that.
4 Do you recall how long you were at the firm, RRA
5 before he approached you to talk about the Epstein
6 cases?
7 A. My recollection is several months.
8 Q. Okay. On how many occasions did he
9 approach you to talk about the Epstein cases?
10 A. I don't know.
11 Q. More than once?
12 A. Yes.
13 Q. More than twice?
14 A. Yes.
15 Q. More than five times?
16 A. Yes.
Q. More than ten times?
A. Possibly.
C)
Q. Okay. And with regard to Mr. Jenne did
'0 you ever give him, was he ever an invite person on
your Qtask?
A. I do not believe so.
Q. Did, did you ever ask Mr. Jenne why he was
interested in your Epstein cases?
A. No.
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Q. Okay. And on each occasion he approached
2 you about talking about the Epstein cases?
A. On the first I occasion, definitely. I can't
4 say on every occasion that we had a conversation.
Q. And if I understood you correctly, you
6 never assigned Mr. Jenne any tasks, any task; is
7 that correct?
8 A. That's correct.
9 Q. Did you find it odd or strange that he
10 would want to talk to you about your Epstein cases?
11 A. No.
12 Q. Did you, did you -- Mr. Jenne reported to
L3 whom as you understood?
14 A. I didn't understand anything.
Q. Do you know what his position with the
16 firm was?
17 A. No idea.
18 Q. Did he ever offer to help you with the
19 Epstein cases?
20 A. In some respect, I guess so. Generally, you
21 know, I, I can help. This is basically a criminal
22 matter; I can help. You know, that kind of thing. I am
23 not saying those are his exact words but paraphrasing
24 the gist of it, that's what I remember.
25 Q. Okay. Mr. Edwards, did you ever contact
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1 the media or the press when, that's located in New
2 York City, the State of New York, about any of the
Epstein cases?
A. I may have returned telephone calls that were
initiated by press to me.
Q. My, my question to you was, did you
7 initiate any telephone calls; that is, without
returning a call to the, to any member of the media
9 or press in New York regarding the Epstein cases?
0 A. Meaning the first conversation
Q. Right.
2 A. -- between -- yeah. No, I did not.
13 Q. Who contacted you from New York with
14 regard to any Epstein related matter?
15 A. The press.
16 Q. Who?
17 A. I don't remember anybody's name.
18 Q. Give me anybody's name that you can
19 recall.
20 A. George Rush.
21 Q. What media, what did you understand his
22 association?
23 A. I believe New York Daily News.
24 Q. Do you remember when Mr. Rush contacted
25 you?
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I. A. No.
2 Q. When Mr. Rush contacted you, do you know
3 why he contacted you; that is, what -- well, let me
4 strike that. When he contacted you, did you take
5 his call right away or was his a call that you had
6 to return?
A. I don't remember.
Q. Do you remember speaking with a person
9 named John Canally?
10 A. Yes.
11 Q. Okay. What was Mr. Canally's association?
12 A. I don't know.
13 Q. Do you know who he was with at the time?
14 A. No.
15 Q. What did your discussion with Mr. Canally;
16 that is, what was Mr. Canally interested in and what
1 .1 did you tell him?
18 MR. SCAROLA: Objection, compound.
19 THE WITNESS: I, I listened to him more
20 than told him anything.
21. BY MR. CRITTON:
22 Q. Did you provide him any information?
23 A. In the back and forth of the conversation, I,
24 you know, maybe general information that one could read
25 from the newspapers I talked to him about.
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1 Q. Did you speak with, other than -- on how
2 many occasions did you speak with Mr. Canally?
3 A. I don't know.
4 Q. On how many occasion's have spoken with
5 Mr. Rush?
6 A. I don't know.
7 Q. More than once with Mr. Rush?
8 A. I would say so, yes.
9 Q. More than five times with Mr. Rush?
10 A. That's approximate, that's approximately
11 correct.
12 Q. Okay. Mr. Canally, did you speak with him
13 on more than one occasion?
14 A. Yes.
15 Q. On how many occasion's have you spoken
16 with him?
17 A. I don't know.
18 Q. Five, two, three, your best estimate?
19 A. More than five.
20 Q. When was the last time you spoke with
21 Mr. Canally?
22 A. 2009.
23 Q. Have you had any contacts with the media
24 or the press during the year 2010, January,
25 February, March, and we're almost, well, we're
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1 almost at the end of March. In the last three
2 months, starting in January 1st of 2010, have you
3 had any contact with the press?
4 A. Not that I recall.
5 Q. Has the press contacted you, but you have
6 not returned their calls?
7 A. On hundreds and hundreds of occasions.
8 Q. Well, my question is since the beginning
9 of, since January 1st of 2010 has the press
0 attempted to contact you?
11 A. Yes.
12 Q. And if I understand your testimony, you
13 have not returned any of those calls?
14 A. To the best of my recollection I, I do not
15 remember speaking with anybody from the press during
16 this year, 2010.
1.7 Q. In 2010, do you have a recollection of
18 having spoken with people but saying you can't quote
19 me, i.e., I have no comment or I will tell you off
20 the record?
21 A. I don't even remember having those
22 conversations with anybody in 2010. If you know of
23 something and can refresh my recollection, I, you may be
24 able to remind me, but I don't think in 2010 I have had
25 any of those conversations.
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1. Q. The conversations you had with George
2 Rush, when you returned his call, what did Mr. Rush
3 ask you? What was he inquiring about?
4 A. My response to Jeffrey Epstein's comments.
5 Q. Which comments?
6 A. A telephone conversation initiated by Jeffrey
7 Epstein to George Rush related to the various cases and
claims against Mr. Epstein.
C)
Q. Did Mr. Rush call you -- I'm sorry, I will
improve it. If I understand correctly when Mr. Rush
called you, that's the first time you knew who he
was?
A. I didn't know who he was before he called me,
correct.
Q. What did Mr. Rush tell you what Jeffrey
Epstein had said to him?
A. And I'm not sure that that was the first
conversation I had with, with George Rush. Like I said
in I think I've talked to him three or four, five times.
20 Q. Okay. Well, let me see if I can place,
)1 can you give me a point in time when you first spoke
22 to Mr. Rush and when you last spoke with him the
23 approximately five times that you related?
24 A. Each of those times were in 2009 between,
25 earliest possible, June, I think, yeah, latest possible,
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1 I believe, November.
2 Q. And the first time that Mr. Rush called
you, what was the subject?
A. Jeffrey Epstein.
Q. Okay. I assume you never talked with
Mr. Rush about any topic other than Mr. Epstein,
7 correct?
A. That's a safe assumption.
9 Q. When he first contacted you, can you
10 differentiate what he said on the first occasion
11 versus a later occasion?
12 A. I, I, no, in chronological order I can't right
13 now. I haven't gone back and thought about this like
14 this before.
15 Q. Did you ever correspond with Mr. Rush or
16 Mr. Canally by e-mail?
17 A. Mr. Rush, I believe that answer is no. With
18 Mr. Canally, yes.
19 Q. And so do you have copies of the e-mails
20 that you and Mr. Canally exchanged?
21 A. No.
22 Q. Okay. Would they have been while you were
23 at RRA, RRA?
24 A. Correct.
25 Q. With regard to Mr. Rush, if you did
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1 communicate with him by e-mail, would it be during
2 the time you were with RRA?
3 A. That's correct.
4 Q. Did you communicate with any other member
5 of the press during the time, we'll come back to
6 Mr. Epstein. During the time when you were at RRA,
7 did you communicate with anybody else by, by either,
8 first of all, by e-mail?
9 A. What is your question again? I'm sorry.
10 Q. Okay. Did you -- other than Mr. Rush who
11 you're not sure you communicated by e-mail,
12 Mr. Canally who you are sure you communicated by
13 e-mail during the time you were at RRA, was there
14 any member of the press, TV, written news media,
15 television that you communicated with --
16 A. I'm sure.
17 Q. -- by e-mail?
18 A. I am sure there is.
19 Q. Okay. Do you remember any of their names
20 other than Mr. Rush and Mr. Canally as you sit here
21 today?
22 A. Not as I sit here today, I do not.
23 Q. Did you ever communicate with Jose
24 Lambiet?
25 A. I don't know who that is.
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1 Q. He does a Page 2 or something with the,
2 Page 1, Page 2 of the Palm Beach Post?
3 A. No. I'm not, no.
4 Q. Okay. Have you ever spoken with Jane
5 Muskrat (phonetic)?
6 A. Again, I don't know who that is.
7 Q. Have you ever -- did you ever give or
8 allow one of your clients to give an interview to
9 one of the local TV stations?
10 MR. SCAROLA: Objection, compound.
THE WITNESS: One of my clients gave an
interview to one of the local television
stations.
4 BY MR. CRITTON:
Q. Which of your clients gave the interview?
A. Jane Doe.
Q. And did you organize that?
18 A. I assisted.
19 Q. Which, which TV station was it?
20 A. I don't remember.
21 Q. Do you remember who the person was from
22 the TV station that contacted you? Let me strike
23 that. How did it come about that Jane Doe gave an
24 interview to the TV station?
25 A. Various television stations have been
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interested over the course of these cases in having the
2 clients talk. I was adamant that that was not going to
3 happen and Jane Doe wanted that to happen.
Q. How did Jane Doe even know that that
5 opportunity existed? If you didn't want it to
6 happen when the news, when the news people, when the
7 TV stations called you why didn't you just say my
8 clients are not available for interview?
9 A. What's your question?
,0 Q. The question is, is, with regard to the
11 T.V. station, you said multiple TV stations wanted
12 to do interviews with your clients. Did I
13 understand you correctly?
A. You did.
Q. And you said you didn't want any of your
ICS clients to do interviews, correct?
A. Right.
Q. Okay. So, why didn't you just say, no, I
am not making any of my clients available?
lc MR. SCAROLA: I am going to object to the
21 extent that that calls for either mental
22 impressions or attorney-client privileged
23 communications and instruct you not to answer.
24 THE WITNESS: I'm not going to answer
25 based on the privilege.
loaasasmausr.I.
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BY MR. CRITTON:
Q. Jane Doe, though, did give an interview,
3 correct
1 A. That is correct.
5 Q. -- on TV and they blocked out her face?
6 A. That is correct.
7 Q. Were you there, were you present when she
8 gave the interview?
9 A. Yes.
I0 Q. Okay. Did you see the interview on TV?
ll A. No.
12 Q. Did they give you a copy of the tape of
13 the interview?
14 A. I believe a copy of the tape was sent to me.
15 Q. Okay. Do you still have that in your
possession?
A. No.
i8 Q. Who has it?
A. I believe it was destroyed.
20 Q. Who destroyed it?
21 A. Nobody destroyed it.
22 Q. Okay. You said, I think you said you
23 believe it's destroyed. How did it come to be
24 destroyed?
25 A. It was sent to me and it was kept in my house
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1 as I didn't believe it was any portion of the file and
2 my house flooded and the tape was destroyed.
3 Q. And did you try to play the tape?
4 A. I have never watched the tape.
5 Q. You still have it. You just think it's
6 destroyed?
7 A. No, I don't even have it.
8 Q. You threw it away?
9 A. It wasn't a matter of throwing anything away.
10 My entire house was full with water, every square inch
11 for 12 inches up the wall, and everything was just in
12 mud and got thrown in these huge bins and trashed so --
13 Q. All right. Have you ever spoken with
14 Michelle Daryan?
15 A. Yes.
16 Q. On how many occasions have you spoken with
17 her?
18 A. Several.
19 Q. Have you e-mailed, exchanged e-mails with
)0 her?
-1 A. Yes.
22 Q. During the time you, only during the time
23 you were with RRA?
24 A. I believe so. There, there could have been,
25 there could have been an e-mail. Oh I only think at RRA
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1 I believe that's right.
2 Q. As a result of Jane Doe speaking with the
3 press, did she receive any compensation?
4 A. No.
5 Q. Have any interviews been given separate
6 and apart from the TV interview that Jane Doe gave?
7 Did any of the other, did either of your other two
8 clients, . or III., ever give an interview to,
9 written to, to the written media, not TV?
10 A. No.
11 Q. With regard to, back to George Rush, you
12 said that Mr. Rush, Mr. Rush contacted you. You
13 recontacted him, correct?
14 A. That's correct.
15 Q. Okay. And what was the subject matter?
16 What was Mr. Rush interested in talking with you
17 about?
18 A. Jeffrey Epstein.
19 Q. Okay. And what, what specifically about
20 Mr. Epstein? How did he even know you existed, did
21 he say?
22 A. I don't know. Or, or if I knew, I don't
23 remember how he knew that.
24 Q. Okay. Did you, did you talk to him?
25 A. Yes, I did talk to him.
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1 Q. Approximately, how many, how long have
2 your conversations been?
3 A. Short.
4 Q. And with regard to George Rush, what, you
5 said he was interested in talking about Jeffrey
6 Epstein. What was he interested in?
7 A. I don't remember specifically the issue, but
8 it seemed to me that he came to me with an issue each
9 time, something related to the case.
10 Q. Okay. The case being Mr. Epstein's case
11 or your three cases?
12 A. I think that it was typically in general
1.3 related to the various criminal acts committed by
14 Jeffrey Epstein against the large number of girls in
1 1, each of the states that Jeffrey Epstein has lived in. I
16 think that was like the gist of his communication to me.
I/ Q. Well, did he?
A. Or why he was interested.
lq Q. Did he indicate to you that someone had
)0 told him that, that certain acts had occurred in
21 other states or locations other than the State of
22 Florida?
23 A. I can't say with any degree of specificity
24 what was said, but that certainly is the impression that
25 I have right now thinking back. So, I believe that that
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was something he was conveying to me.
2 Q• Okay. Did he tell you that he had any
3 information that Mr. Epstein had been involved with
any other individuals in any other states, females?
5 A. I don't remember.
6 Q. Did you tell him or did you disclose to
7 him that you were aware of Mr. Epstein having been,
8 having assaulted underage females in other states?
9 A. I don't remember.
10 MR. CRITTON: Need to take -- why don't
11 we, why don't you change the tape now?
12 THE VIDEOGRAPHER: We're now off the video
13 record. It's 1:02 p.m.
14 (A luncheon recess was held.)
15 * * * * *
16
17
18
19
20
21
22
23
24
25
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