EFTA00180294

07/29/2011 13:11 FAX E6 0 0 1 /004 KIRKLAND & ELLIS LLP Fax Transmittal 300 North LaSalle Street Chicago, Illinois 60654 Phone: (312) 882-2000 Fax: (312) 862-2200 Please notify us Immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: (312) 862-2000. To: Company; Pax #: Direct #: United States Attorney, Southern District of Florida CC: Company: Fax #: Direct it Martin G. Weinberg, Esq. From: Date: Pages w/cover: Fax #: Direct #: Sandra Musumeci for July 29, 2011 4 Jay P. Lefkowitz, P.C. Message: Please see the attached letter, in response to your letter to Martin Weinberg of July 27, 2011, concerning Jeffrey Epstein. Thank you. Documena EFTA00180294 07/29/2011 13: 12 FAX a 002/004 KIRKLAND & ELLIS LLP AND AFRUATED PARTNLASIMPS 601 Lexington Avenue New York, New York 10022 Jay P. LeatowItz. P.C. To ilaiactly: jay.lefkowitzekirklend.cOm vnwairkland.com July 29, 2011 Delivery by Facsimile CONFIDENTIAL Assistant United States Attorney United States Attorney, Southern District of Florida 500 S. Australian Avenue Suite 400 West Palm Beach, FL 33401 Re: Jeffrey Epstein Dear Thank you for your letter of July 27, 2011 to my co-counsel Martin Weinberg concerning the request by the New York District Attorney for copies of the Non-Prosecution Agreement ("NPA") and the "victim list" in regards to Mr. Epstein. We continue for the reasons stated herein to believe that any such disclosure would violate the confidentiality agreement between your Office and Mr. Epstein as well as the provisions of Fed. R. Crim. P. 6(e). As to the NPA, you have repeatedly asserted in Doe v United States, No. 9:08-cv-80736- KAM, that the NPA was a confidential document. For instance, in paragraph 6 of Document 14, your own Declaration, you stated that the NPA contained "an express confidentiality provision." In opposing the Motion to Unseal the NPA that was filed by Jane Doe, you stated that you had informed Judge Marra of the confidentiality provision during an earlier telephonic status conference occurring on August 14, 2008 which "the United States was obligated to honor," Document 29 at 1, and that "the parties who negotiated the Agreement, the United States Attorney's Office and Jeffrey Epstein, determined that the Agreement should remain confidential," Document 29 at 2. Further, you deemed the NPA "confidential," for understandable purposes, in your September 3, 2008 letter to Robert Josefsberg in which you informed him that Judge Marra had set forth procedures for providing the NPA only to those counsel and "victims" who executed a Protective Order preventing its subsequent disclosure. The New York Assistant District Attorney, Ms. Morse, is representing the prosecution in an appeal regarding a sex offender registration determination, and any disclosure of the NM to her has the potential to result in its use in that appeal and the real risk that the appellate court will unseal it. We believe it to violate both the spirit and the most logical interpretation of the NPA, Chicago Hong Kong London Los Angeles Munich Palo Alto San Francisco Shanghai Washington D.C. K&E 19439748.2 EFTA00180295 07/29/2011 13: 12 FAX la003/004 KIRKLAND & ELLIS LLP July 29, 2011 Page 2 paragraph 13, for you to disclose it absent a subpoena -- which we could oppose in the jurisdiction from which it emanated. We further believe that when parol evidence supplements the text of paragraph 13 of the NPA, it is perfectly apparent from your prior submissions that you as well as we believed the NPA to contain "an express confidentiality provision" that your current willingness to disclose absent court process violates. As to the "victim list," again, not only is it confidential given its nexus to the NPA, but your own prior letters tie the list to the Federal Grand Jury investigation and thus to the non- disclosure provisions of Fed. R. Crim. P. 6(e). On July 8, 2008, you wrote to Jack A. Goldberger, Esq., and informed him that on June 30, 2008, "the United States Attorney's Office provided [him] with a list of thirty-one individuals 'whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein.'" (emphasis added). On July 9, 2008, you wrote in a follow-up letter to Mr. Goldberger that "the U.S. Attorney's modification of the 2255 portion of the Agreement now limits our victim list to those persons whom the United States was prepared to include in an indictment. This means that, pursuant to Justice Department policy, these are individuals for whom the United States believes it has proof beyond a reasonable doubt that each of them was a victim of an enumerated offense." (emphasis added). First Assistant United States Attorney Jeffrey Sloman used similar language in tying the names of the "victims" to the basis for a potential indictment, see December 6, 2007 letter from Mr. Sloman to Mr. Lefkowitz at 2, 3; see also your email to Mr. Lefkowitz and Mr. Black on August 14, 2008 at 3:27 p.m., where you state that the list contains "only those 'individuals whom [the United States] was prepared to name in an Indictment...,"' thus clearly providing the nexus between the list and the Grand Jury investigation and its corollary, the protections from non- disclosure enumerated in Fed. R. Crim. P. 6(e). In terms of case law, the names of witnesses that either testified or were identified dining Grand Jury proceedings are subject to the secrecy provisions of Fed. R. Crim. P. 6(e). S,g, e.g., In re Grand Jury Subpoena, Judith Miller, 438 F.3d 1138, 1140 (D.C. Cir. 2006) ("Consistent with these purposes, we have recognized that grand jury secrecy covers 'the identities of witnesses or jurors, the substance of testimony as well as actual transcripts, the strategy or direction of the investigation, the deliberations or questions of jurors, and the like.") (citing bu Pow Jones & Co., Inc. 142 F.3d 496, 500 (D.C. Cir. 1998)); see also SEC v Dresser Indust, la 628 F.2d 1368, 1382 (D.C. Cir. 1980); Fund for Constitutional Gov't v Nat'! Archives & Records Sery , 656 F.2d 856, 869 (D.C. Cir. 1981). Indeed, it is generally recognized that the scope of protection accorded to Grand Jury proceedings under Rule 6(e) is broad and encompasses, among other things, information such as the "victim list" at issue here: KeLF. 19439748.2 EFTA00180296 07/29/2011 13: 12 FAX 1200.1/004 KIRKLAND & ELLIS LLP July 29, 2011 Page 3 We construe the secrecy provisions of Rule 6(e) to apply not only to disclosures of events which have already occurred before the grand jury, such as a witness's testimony, but also to disclosures of matters which will occur, such as statements which reveal the identity of persons who will be called to testify or which report when the grand jury will return an indictment. In re Grand Jury Investigation, 610 F.2d 202, 216-17 (5th Cir. 1980).1 We believe that confidentiality applies to the requested information. We believe that any non-compulsory handover of the list or NPA is inconsistent with the positions you have previously taken in related litigation. Accordingly, we request that you reconsider and decline the request of the New York District Attorney. Sincerely, P. Le owitz, P.C. Cc: Martin G. Weinberg JPL/slm Decisions of the United States Court of Appeals for the Filth Circuit handed down prior to September 30, 1981, are binding as precedent in the Eleventh Circuit. $.0 Bonner v. City of Prichard, Ala , 661 F.2d 1206, 1207 (11th Cir. 1981). K&E 19439748.2 EFTA00180297 Rov BLACK BLACK HOWARD M. SREBNICK Scorer A. KORNSPAN SREBNICK JESSICA FONSECA-NADER KATHLEEN P. PHILLIPS LARRY A. STUMPF KORNSPAN AARON ANTHON MARIA NEYRA MARCOS BEATON, JR. JACKIE PERCZEK STUMPF MATTHEW P. O'BRIEN MARK A.J. SHAPIRO t 7. JENIPER J. SOUMIAS JARED LOPEZ NOAH Fox E-Mail: September 1, 2009 Assistant U.S. Attorney United States Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 RE: Jeffrey Epstein Dear Once again I need to send you a note about Jeffrey Epstein, mainly to keep you in the loop so we don't inadvertently violate any provision of his agreement with your office. As I am sure you are aware, Mr. Epstein has finished the incarceration portion of his sentence and is now serving the one year of community control as mandated by both his state plea and the terms of the non- prosecution agreement with the United States Attorney's Office for the Southern District of Florida. Mr. Epstein is in compliance with all terms of his community control and is applying for transfer of his supervision from the State of Florida to his primary residence, the Virgin Islands. This transfer is being requested through the Intrastate Compact for Transfer of Adult Supervision (ICAOS). The ICAOS is the mechanism for which transfers of probation and community control are effectuated. The process requires the offender to seek the approval of the sending state (in this case Florida) and, if they agree, the receiving state (in this case the United States Virgin Islands) and the United States Virgin Islands after investigation has pre-approved the transfer under the same exact conditions of supervision as imposed in Mr. Epstein's community control sentence in the State of Florida. Even though Mr. Epstein is requesting the transfer he is still at the home 201 5. Biscayne Boulevard. Suite 1300 • Miami, Florida 33131 • Phone: 305-371-6421 • Fax: 305-358-2006 • vovw.Royalack.com EFTA00180298 Jeffrey Sloman, Esq. September 1, 2009 Page 2 in Palm Beach following the rules of state community control. As Mr. Epstein's lawyers, we believe that his request to administratively transfer his community control is in full compliance with both his state plea agreement and the non- prosecution agreement with the United States Attorney's Office. Nonetheless we have taken to heart your previous suggestion of erring on the side of caution and thus we are advising you of this request. I am happy to discuss this with you at any time. I did not want to set an appointment to see you on this issue since I imagine you have more pressing matters to deal with than a transfer of a state community control matter. Very Roy Black RB/wg Black, Srebnick, Komspan & Stumpf, P.A. EFTA00180299 ROY BLACK BLACK HOWARD M. SREBNICK Scan A. KORNSPAN SREBNICK JESSICA PONSECA-NADER KATHLEEN P. PHILIPS LARRY A. STUMPF KORNSPAN AARON ANTHON MARIA NEYRA MARCOS BEATON, JR. JACKIE PERCZEK STUMPF MATTHEW P. O'BRIEN MARK A.J. SHAPIRO PA. JENIPER J. souwaAs JARED LOPEZ NOAH FOX E-Mail: February 18, 2010 Assistant United States Attorney 99 N.E. 4th Street Miami, FL 33132 RE: Jeffrey Epstein Dear a Thank you for your letter of February 11, 2010. We write to update you about ongoing efforts to reach an agreement with Robert Josefsberg regarding the amount of fees and costs properly owed to him by Mr. Epstein pursuant to the NPA. On February 16, 2010 Mr. Epstein's principal civil counsel Bob Critton advised Mr. Josefsberg in writing that he and Mr. Epstein would meet with Mr. Josefsberg on two occasions between now and March 1, 2010 to review Mr. Josefsberg's outstanding bills on a line-by-line basis and attempt to reach a non- adversarial resolution of all outstanding fee issues. Mr. Critton also transmitted to Mr. Josefsberg an Agreement for Special Master to Determine Amount of Attorneys' Fees and Costs ("Special Master Agreement"), signed by Mr. Epstein, containing terms and conditions previously agreed to by Mr. Josefsberg, which would mandate binding mediation before a neutral third party in the event the proposed settlement discussions did not resolve all outstanding issues in an expeditious manner. We want to assure you that Mr. Epstein fully intends to fulfill his obligations under the NPA. We regret that issues remain unresolved regarding whether all of the fees and costs being sought by the attorney representative - which now total $1,947,000 exclusive of the $526,466 already paid by Mr. Epstein - meet the criteria set forth by the NPA. We assure you that both Mr. Epstein's prior civil counsel, Jay Lefkowitz, who, with you, was a primary negotiator of the NPA language, and Mr. Critton, each strongly believe that significant amounts of the fees and costs billed by Mr. Josefsberg are outside the scope of Mr. Epstein's fee- 201 S. Biscayne Boulevard, Suite 1300 • Miami. Florida 33131 • Phone: 30S-371-6421. Fa 305-358-2006 • www.RoyBlack.com EFTA00180300 Marie , Esq. February 18, 2010 Page 2 related payment obligations under the NPA. We hope that the fee-related issues can be resolved by further settlement discussions or by relying on the Special Master Agreement signed Tuesday February 16, 2010 by Mr. Epstein. Mr. Epstein and his counsel believe that these options are consistent with the NPA, are good faith alternatives to contested litigation, and are reasonable given the unexpected magnitude of the bills and their inclusion of charges for legal work that was clearly related to the preparation of litigation and thus outside Par 7C of the Addendum as well as for extensive work performed by attorneys from outside Mr. Josefsberg's law firm. Mr. Josefsberg previously advocated for settling outstanding issues through a Special Master Agreement nearly identical to the one executed Tuesday by Mr. Epstein. In fact, Mr. Josefsberg and Mr. Epstein had each agreed in the past to a specific Master as a third-party neutral to conduct proceedings to resolve the fee issues. However, the selected Master withdrew. We hope that the Special Master Agreement will provide a basis for a prompt resolution of any issue not resolved by the parties through further discussions. Respectfully submitted, MARTIN WEINBERG, ESQ. ROY BLACK, ESQ. By /wg CC: Robert Senior, Esq. Black. Srebnick, Kornspan & Stumpf. P.A. EFTA00180301 March 20, 2011 To whom it may concern: I served as U.S. Attorney for the Southern District of Florida from 2005 through 2009. Over the past weeks, I have read much regarding Mr. Jeffrey Epstein. Some appears true, some appears distorted. I thought it appropriate to provide some background, with two caveats: (i) under Justice Department guidelines, I cannot discuss privileged internal communications among Department attorneys and (ii) I no longer have access to the original documents, and as the matter is now nearly 4 years old, the precision of memory is reduced. The Epstein matter was originally presented to the Palm Beach County State Attorney. Palm Beach Police alleged that Epstein unlawfully hired underage high-school females to provide him sexually lewd and erotic massages. Police sought felony charges that would have resulted in a term of imprisonment. According to press reports, however, in 2006 the State Attorney, in part due to concerns regarding the quality of the evidence, agreed to charge Epstein only with one count of aggravated assault with no intent to commit a felony. That charge would have resulted in no jail time, no requirement to register as a sexual offender and no restitution for the underage victims. Local police were dissatisfied with the State Attorney's conclusions, and requested a federal investigation. Federal authorities received the State's evidence and engaged in additional investigation. Prosecutors weighed the quality of the evidence and the likelihood for success at trial. With a federal case, there were two additional considerations. First, a federal criminal prosecution requires that the crime be more than local; it must have an interstate nexus. Second, as the matter was initially charged by the state, the federal responsibility is, to some extent, to back-stop state authorities to ensure that there is no miscarriage of justice, and not to also prosecute federally that which has already been charged at the state level. After considering the quality of the evidence and the additional considerations, prosecutors concluded that the state charge was insufficient. In early summer 2007, the prosecutors and agents in this case met with Mr. Epstein's attorney, Roy Black. Mr. Black is perhaps best known for his successful defense of William Kennedy Smith. The prosecutors presented Epstein a choice: plead to more serious state felony charges (that would result in 2 years' imprisonment, registration as a sexual offender, and restitution for the victims) or else prepare for a federal felony trial. What followed was a year-long assault on the prosecution and the prosecutors. I use the word assault intentionally, as the defense in this case was more aggressive than any which I, or the prosecutors in my office, had previously encountered. Mr. Epstein hired an army of legal superstars: Harvard Professor Alan Dershowitz, former Judge and then Pepperdine Law Dean Kenneth Stan•, former Deputy Assistant to the President and then Kirkland & Ellis Partner Jay Lefkowitz, and several others, including prosecutors who had formally worked in the U.S. EFTA00180302 Attorney's Office and in the Child Exploitation and Obscenity Section of the Justice Department. Defense attorneys next requested a meeting with me to challenge the prosecution and the terms previously presented by the prosecutors in their meeting with Mr. Black. The prosecution team and I met with defense counsel in Fall 2007, and I reaffirmed the office's position: two years, registration and restitution, or trial. Over the next several months, the defense team presented argument after argument claiming that felony criminal proceedings against Epstein were unsupported by the evidence and lacked a basis in law, and that the office's insistence on jail-time was motivated by a zeal to overcharge a man merely because he is wealthy. They bolstered their arguments with legal opinions from well- known legal experts. One member of the defense team warned me that the office's excess zeal in forcing a good man to serve time in jail might be the subject of a book if we continued to proceed with this matter. My office systematically considered and rejected each argument, and when we did, my office's decisions were appealed to Washington. As to the warning, I ignored it. The defense strategy was not limited to legal issues. Defense counsel investigated individual prosecutors and their families, looking for personal peccadilloes that may provide a basis for disqualification. Disqualifying a prosecutor is an effective (though rarely used) strategy, as eliminating the individuals most familiar with the facts and thus most qualified to take a case to trial harms likelihood for success. Defense counsel tried to disqualify at least two prosecutors. I carefully reviewed, and then rejected, these arguments. Despite this army of attorneys, the office held firm to the terms first presented to Mr. Black in the original meeting. On June 30, 2008, after yet another last minute appeal to Washington D.C. was rejected, Epstein pled guilty in state court. He was to serve 18 months imprisonment, register as a sexual offender for life and provide restitution to the victims. Some may feel that the prosecution should have been tougher. Evidence that has come to light since 2007 may encourage that view. Many victims have since spoken out, filing detailed statements in civil cases seeking damages. Physical evidence has since been discovered. Had these additional statements and evidence been known, the outcome may have been different. But they were not known to us at the time. A prosecution decision must be based on admissible facts known at the time. In cases of this type, those are unusually difficult because victims arc frightened and often decline to testify or if they do speak, they give contradictory statements. Our judgment in this case, based on the evidence known at the time, was that it was better to have a billionaire serve time in jail, register as a sex offender and pay his victims restitution than risk a trial with a reduced likelihood of success. I supported that judgment then, and based on the state of the law as it then stood and the evidence known at that time, I would support that judgment again. Epstein's treatment, while in state custody, likewise may encourage the view that the office should have been tougher. Epstein appears to have received highly unusual treatment while in jail. Although the terms of confinement in a state prison are a matter appropriately left to the EFTA00180303 State of Florida, and not federal authorities, without doubt, the treatment that he received while in state custody undermined the purpose of a jail sentence. Some may also believe that the prosecution should have been tougher in retaliation for the defense's tactics. The defense, arguably, often failed to negotiate in good faith. They would obtain concessions as part of a negotiation and agree to proceed, only to change their minds, and appeal the office's position to Washington. The investigations into the family lives of individual prosecutors were, in my opinion, uncalled for, as were the accusations of bias and / or misconduct against individual prosecutors. At times, some prosecutors felt that we should just go to trial, and at times I felt that frustration myself. What was right in the first meeting, however, remained right irrespective of defense tactics. Individuals have a constitutional right to a defense. The aggressive exercise of that right should not be punished, nor should a defense counsel's exercise of their right to appeal a U.S. Attorney to Washington, D.C. Prosecutors must be careful not to allow frustration and anger with defense counsel to influence their judgment. After the plea, I recall receiving several phone calls. One was from the FBI Special Agent-In- Charge. He called to offer congratulations. He had been at many of the meetings regarding this case. He was aware of the tactics of the defense, and he called to praise our prosecutors for holding firm against the likes of Messrs. Black, Dershowitz, Leflcowitz and Starr. It was a proud moment. I also received calls or communications from Messrs. Dershowitz, Lefkowitz and Stan•. I had known all three individuals previously, from my time in law school and at Kirkland & Ellis in the mid 90s. They all sought to make peace. I agreed to talk and meet with each of them after Epstein pled guilty, as I think it important that prosecutors battle defense attorneys in a case and then move on. I have tried, yet I confess that has been difficult to do fully in this case. The bottom line is this: Mr. Jeffrey Epstein, a billionaire, served time in jail and is now a registered sex offender. He has been required to pay his victims restitution, though restitution clearly cannot compensate for the crime. And we know much more today about his crimes because the victims have come forward to speak out. Some may disagree with the prosecutorial judgments made in this case, but those individuals are not the ones who at the time reviewed the evidence available for trial and assessed the likelihood of success. Respectfully, R. Alexander Acosta Former U.S. Attorney Sothem District ofFlorida EFTA00180304 Case !:i:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 1 of 51 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 2 WEST PALM BEACH DIVISION 3 CASE NO. 08-80119-CIV-MARRA 4 WEST PALM BEACH, FLORIDA JANE DOE, et al., 5 Plaintiffs, JUNE 12, 2009 6 vs. 7 JEFFREY EPSTEIN, 8 Defendant. 9 10 TRANSCRIPT OF MOTION HEARING 11 BEFORE THE HONORABLE KENNETH A. MARRA, UNITED STATES DISTRICT JUDGE 12 APPEARANCES: 13 FOR THE PLAINTIFFS: ADAM D. HOROWITZ, ESQ. 14 Mermelstein & Horowitz 18205 Biscayne Boulevard 15 Miami, FL 33160 For Jane Doe 16 BRADLEY J. EDWARDS, ESQ. 17 Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard 18 Fort Lauderdale, FL 33301 Jane Doe 3, 4, 5, 6, 7 19 20 ISIDRO M. GARCIA, Garcia Elkins Boehringer 21 224 Datura Avenue West Palm Beach, FL 33401 22 Jane DOE II 23 RICHARD H. WILLITS, ESQ. 2290 10th Avenue North 24 Lake Worth, FL 33461 For C.M.A. 25 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180305 Case 0:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 2 of 51 1 ROBERT C. JOSEFSBERG, ESQ. 2 Podhurst Orseck Josefsberg 25 West Flagler Street 3 Miami, FL 33130 For Jane Doe 101 4 (Via telephone) 5 KATHERINE W. EZELL, ESQ. Podhurst Orseck Josefsberg 6 25 West Flagler Street Miami, FL 33130 7 For Jane Doe 101 8 FOR THE DEFENDANT: ROBERT D. CRITTON, JR., ESQ. MICHAEL BURMAN, ESQ. 9 Burman Critton, etc. 515 North Flagler Street 10 West Palm Beach, FL 33401 561.842.2820 11 JACK A. GOLDBERGER, ESQ. 12 Atterbury Goldberger Weiss 250 Australian Avenue South 13 West Palm Beach, FL 33401 14 15 As Amicus cwsoc: Assistant U.S. Attorney 500 East Broward Boulevard 16 Fort Lauderdale, FL 33394 For U.S.A. 17 MARTIN G. WEINBERG, ESQ. 18 20 Park Plaza Boston MA 02116 19 (Via telephone) 20 JAY LEFKOWITZ, ESQ. (Via telephone) 21 REPORTED BY: LARRY HERR, RPR-RMR-FCRR-AE 22 Official United States Court Reporter Federally Certified Realtime Reporter 23 400 North Miami Avenue, Room BN09 Miami, FL 33128 24 25 TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180306 Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 3 of 51 3 1 THE COURT: We are here in the various Doe vs. Epstein 2 cases. 3 May I have counsel state their appearances? 4 MR. HOROWITZ: Adam Horowitz, counsel for plaintiffs 5 Jane 2 through Jane Doe 7. 6 THE COURT: Good morning. 7 MR. EDWARDS: Brad Edwards, counsel for plaintiff Jane 8 Doe. 9 THE COURT: Good morning. 10 MR. GARCIA: Good morning, Your Honor. Sid Garcia for 11 Jane Doe II. 12 THE COURT: Good morning. 13 MR. WILLITS: Good morning, Your Honor. Richard 14 Willits, here on behalf of the plaintiff C.M.A.. 15 THE COURT: Good morning. 16 MS. EZELL: Good morning, Your Honor. I'm Katherine 17 Ezell from Podhurst Orseck, here with Amy Adderly and Susan 18 Bennett, and I believe my partner, Bob Josefsberg, is going to 19 appear by telephone. 20 THE COURT: Mr. Josefsberg, are you there? 21 MR. JOSEFSBERG: I am, Your Honor. 22 THE COURT: Good morning. 23 MR. JOSEFSBERG: Good morning. 24 THE COURT: All right. Do we have all the plaintiffs 25 stated their appearances? Okay. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180307 Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 4 of 51 4 1 Defense? 2 MR. CRITTON: Your Honor, Robert Critton on behalf of 3 Mr. Epstein, and my partner, Michael Burman. 4 THE COURT: Good morning. 5 MR. GOLDBERGER: Good morning, Your Honor. Jack 6 Goldberger on behalf of Mr. Epstein. 7 THE COURT: I see we have some representatives from 8 the United States Attorney's Office here. 9 MS. : Good morning, Your Honor. 10 for the U.S. Attorney's office. 11 THE COURT: Good morning. 12 Who else do we have on the phone? 13 MR. CRITTON: Your Honor, we have two members of the 14 defense team are on the phone, also. 15 THE COURT: Who do we have on the phone? 16 MR. WEINBERG: Martin Weinberg. Good morning, Your 17 Honor. 18 MR. LEFKOWITZ: Jay Lefkowitz. Good morning, Your 19 Honor. 20 THE COURT: Good morning. 21 I scheduled this hearing for very limited issues 22 which, as you all know, there's been a motion by Mr. Epstein to 23 stay the civil proceedings against him. The one issue I have 24 concern about is Mr. Epstein's contention or assertion that by 25 defending against the allegations in the civil proceedings, he TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180308 Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page5of51 5 1 may expose himself to an allegation by the United States in the 2 non-prosecution agreement that he's violated that agreement and 3 therefore would subject himself to potential federal charges. 4 I had asked for some briefing on this. I asked the 5 United States to present its position to me. And I received 6 the Government's written response, which I frankly didn't find 7 very helpful. And I still am not sure I understand what the 8 Government's position is on it. 9 So first let me hear from Mr. Epstein's attorneys as 10 to what do you believe the concern is. I don't believe the 11 non-prosecution agreement has ever been filed in this Court; am 12 I correct? 13 MR. CRITTON: To my knowledge, Your Honor, it has not. 14 THE COURT: So I don't believe I've ever seen the 15 entire agreement. I've seen portions of it. 16 MR. EDWARDS: Your Honor, I believe that it was filed 17 under Jane Doe 1 and 2 vs. United States of America, case under 18 seal in your court. 19 THE COURT: Okay. 20 MR. EDWARDS: In a separate case. 21 THE COURT: In that case, okay. Was it actually filed 22 in that case? 23 MR. EDWARDS: I filed it under seal. 24 THE COURT: In any event, what's Mr. Epstein's concern 25 about if you defend the civil actions, you're going to expose TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180309 Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 6 of 51 6 1 yourself to a claim for a breach by the United States of the 2 non-prosecution agreement? 3 MR. CRITTON: Robert Critton. 4 Your Honor, our position on this case is, I'd say is 5 somewhat different. When this issue originally came before the 6 Court, as you are aware prior to my firm's involvement in the 7 case, there was a motion filed on behalf of Mr. Epstein seeking 8 a stay. And I think it was in Jane Doe 102 and then 9 subsequently Jane Doe 2 through 5 because all of those cases 10 were filed on or about the same time. 11 And at that time the Court looked at the issue and it 12 was based upon a statutory provision at that time. And the 13 Court said I don't find that it's applicable, or for whatever 14 reason I think the Court said I don't consider that to be a 15 pending proceeding or a proceeding at that particular time. 16 In that same order, which was in Jane Doe 2, I 17 believe it's -- not I believe, I know it's docket entry 33, the 18 Court also went on to talk about at that particular point in 19 time dealt with the issue of the discretionary stay. 20 And the Court said at that time, I'm paraphrasing, but 21 the Court also does not believe a discretionary stay is 22 warranted. And what the Court went on to say is that if 23 defendant does not breach the agreement, then he should have no 24 concerns regarding his Fifth Amendment right against 25 self-incrimination. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180310 Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 7 of 51 7 1 The fact that the U.S. Attorney or other law 2 enforcement officials may object to some discovery in these 3 civil cases is not in and of itself a reason to stay the civil 4 litigation, so that any such issue shall be resolved as they 5 arise in the course of the litigation. 6 And I would respectfully submit to the Court that the 7 position that the Government has taken in its most recent 8 filings changes the playing field dramatically. Because what 9 the Government in essence has said as distinct from the U.S. 10 saying is, well, we object to some discovery, or we may object 11 to some discovery in the civil cases. 12 What they have, in essence, said is if you take some 13 action, Mr. Epstein, that we believe unilaterally, and this is 14 on pages 13 and 14 of their pleading or of their response memo 15 to the Court's inquiry, they say if Mr. Epstein breaches the 16 agreement. They said it's basically like a contract, and if 17 one side breaches, the other side can sue. 18 In this instance what the Government will do is if we 19 believe that Mr. Epstein has breached the agreement, we'll 20 indict him. We will indict him. And his remedy under that 21 circumstance, which is an incredible and catastrophic catch 22 22 is, we'll indict him and then he can move to dismiss. That's a 23 great option. 24 In this particular instance my mandate in defending -- 25 and that's a dramatic change in the Government's position, TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180311 Case9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page8of51 8 1 because the Government is not saying, and the Court was pretty 2 specific in what you asked the Government for in its response 3 is, in essence, and it's the same question in a more limited 4 fashion you're posing today is whether Mr. Epstein's defense of 5 the civil action violates the NPA agreement, the 6 non-prosecution agreement, between the U.S. and Mr. Epstein. 7 And the Government refuses to answer that question. 8 They won't come out and say, yes, it will, or no, it won't. 9 What they're doing is they want to sit on the sideline, and as 10 their papers suggest is, they want us to lay in wait and that 11 if, in fact, they believe he violates a provision of the NPA as 12 it relates to the defense of this case or these multitude of 13 cases, then they can come in and indict him -- no notice, no 14 opportunity to cure. 15 We don't think that's what the NPA says, but that's 16 certainly what their papers say. We'll indict him, no notice, 17 no opportunity to cure. We will indict him, and his remedy 18 under that circumstance is that he can move to dismiss the 19 indictment. 20 Well, that's great except Mr. Epstein, his mandate to 21 me and I know his mandate to his criminal lawyers, is: Make 22 certain I don't do anything, in particular in these civil cases 23 that would in any way suggest that I am in willful violation of 24 the NPA. 25 Now, in the Court's prior ruling in the docket entry TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180312 Case 9:08-cv 80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 9of51 g 1 33, certainly some aspects of the NPA are within Mr. Epstein's 2 control. There's no question about that. But aspects that 3 relate to the defense of these cases, either in terms of the 4 civil lawyers who are defending these, I think there's 12 or 13 5 pending cases in front of you, there's another four cases in 6 the state court, is the risk is substantial, it's real, and it 7 presents a chilling effect for the civil lawyers in moving 8 forward to determine whether or not we're taking some action 9 that in some way may be a violation of the NPA. 10 And the Government's, again, refusal or non-position 11 with regard to past acts that have been taken in the civil case 12 with regard to the defense or future acts that we may take with 13 regard to these contested litigation casts an extraordinary 14 cloud of doubt and uncertainty and fear that the defense of 15 these cases could jeopardize Mr. Epstein and put him in the 16 irreparable position of violating the NPA and then subsequently 17 being indicted. 18 In this particular instance, again, Mr. Epstein has no 19 intention of willfully violating the NPA, but it's of great 20 concern to him. And I'd say with the position that the 21 Government has taken, no notice, no cure period, no opportunity 22 to discuss. Again, we think that's not what the NPA provides, 23 it's not what the deal was between the two contracting parties, 24 the United States and Mr. Epstein. But that's clearly what 25 their papers say under the circumstances, and it would create TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180313 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 10 of 51 m 1 II this irreparable harm to Mr. Epstein under the circumstances. 2 In essence, we're left with a catch 22 in defending 3 the civil cases. We have a mandate to take no action, to take 4 any action which may be deemed to be a violation of the NPA, 5 either in the past or in the future, which would in any way 6 risk Mr. Epstein being indicted by the United States. 7 He has the clear risk of an indictment based upon the 8 papers that the Government filed. It's real, it's not remote, 9 and it's not speculative. It chills the action of the defense 10 in this instance of both Mr. Epstein and his attorneys in 11 trying to defend these cases and decide under the circumstances 12 can we do this, can we take this position with regard to 13 depositions, can we take this legal position with regard to 14 motions to dismiss, with regard to responses, with regard to 15 replies? 16 And we send out paper discovery. Is this in some way 17 if we contact someone who may be an associate of these 18 individuals as part of our investigation, is that potentially 19 in any way a violation of the NPA? Again, we don't think so. 20 And, obviously, again, my direction has been from my 21 client: Don't take any action that would result in me being 22 indicted under the NPA. Well, that's great. But, generally, 23 civil lawyers or civil lawyers in defending a personal injury 24 case or a tort case, which is exactly what these are, and from 25 a practical standpoint, we use various tools to do discovery. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180314 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 11 of 51 n 1 They're standard. They're specific. They're very temporary. 2 Very typical. 3 But in this instance, as the Court knows, things are 4 not typical with regard to this case in any way, shape or form. 5 we can't even serve subpoenaes, there's objections and there's 6 -- we can't even serve objections to third parties so we can 7 obtain documents unless we have to filter it through the 8 plaintiffs' attorneys. They won't allow us to use their 9 clients' names, even in a subpoena that would never be filed in 10 the court. 11 How do we do a deposition of a third party? We wanted 12 to take the deposition of Jane Doe 4. Well, who is she? Well, 13 we can't tell you that. Well, who's the defendant? Well, we 14 can't tell you that because nobody wants anybody to know 15 anything about the case. They want to present it strictly 16 through rose-colored glasses. 17 And in this particular instance, we simply can't 18 defend this case or take certain action with the spector 19 hanging over us that, in fact, the Government may deem it to be 20 a violation of the NPA, because very clearly in their response 21 papers, they don't say. They say we don't take the position, 22 and then they take a substantial position is we think there's 23 not all that substantial factors that would entitle him to a 24 stay. 25 Except for the one major issue which the Court posed TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180315 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 12 of 51 12 1 in the question is, is can he defend these cases? That's what 2 I really want to know. Can he defend these cases and, in 3 essence, what he has done in the past or what his defense team 4 has done in the past and what they're going to do in the 5 future, can you give him, Epstein, assurances that the 6 Government under this situation, whatever he does, based on 7 advice of counsel, that that cannot be a willful violation of 8 the NPA, which they can -- they, the U.S. -- can then turn 9 around and say that's a violation of the agreement and, 10 therefore, we're going to go proceed to indict you under the 11 circumstances. 12 Our position is, Your Honor, is that the U.S. has now 13 cavalierly suggested that, as they did in picking up on the 14 court's docket entry or prior order, is, look, compliance with 15 the NPA is solely up to Mr. Epstein. In this type of balance 16 of equities, it doesn't speak in favor of a stay. 17 Well, that's great. And maybe that was the position 18 back in '08, on August 5th of '08, when the issue came up in 19 front of the Court with regard to the initial stay. 20 But the Government's papers under these circumstances 21 suggested a very different set of circumstances. Their own 22 unilateral, which is the issue that we argued in the motion for 23 stay, is that the Government's position is that we can 24 unilaterally indict this man if we think he's breached the NPA. 25 We don't think that's right, but we have no buffer TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180316 • Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 13,0151 B 1 between us and the Government. They'll say, and as the Court 2 knows, the Government has substantial power. The Government 3 does what it wants. Most of the time hopefully they're right. 4 Sometimes they make mistakes. 5 But in this particular instance, my client has rights. 6 We think that there's notice provisions, we think there's cure 7 provisions under the NPA. That's not what their paper says 8 under the circumstances. 9 And what we'd like to know from the Government, and 10 maybe the answer is basically what the Court asks is, let the 11 Government come forward today and say, based on the knowledge 12 that we have, or as of today's date, June 12th, 2009, we, the 13 Government, agree that there is no set of circumstances, not 14 that we're not aware of, but as of today's date, there is 15 nothing that exists that would be a violation of the NPA. 16 THE COURT: Well, that's way beyond what I'm 17 interested in. I don't know what Mr. Epstein may have done 18 outside the context of defending this case that may constitute 19 a violation. And if he has done something outside the context 20 of defending this case that's a violation, I don't care. 21 That's between the United States and Mr. Epstein. 22 I'm only concerned about whether anything he does in 23 defending these civil actions is going to be a violation of the 24 non-prosecution agreement. If he has done something else, it's 25 none of my business, and I don't care, and I'm not going to TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180317 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 14 of 51 14 1 even ask the Government to give you an assurance that he hasn't 2 done anything that might have violated the agreement up till 3 today. I'm only interested in defending these civil actions. 4 MR. CRITTON: Then I would respectfully submit to the 5 Court that the Government be asked in that limited context, are 6 they as of today, whether there were or not, but as of today is 7 there anything that has been done or will you take the 8 position, the United States, that any position that Mr. Epstein 9 has taken with regard to defending these civil cases is in any 10 way a violation of the NPA? 11 THE COURT: Well, I'm not sure what they're going to 12 say, but that might -- that cures the problem up to this point. 13 But then we have to deal with what's going to happen from here 14 on in. And that's another issue that we have to deal with. 15 So I understand your position. 16 But has anyone suggested to you on behalf of the 17 United States that there is something that you've done in 18 defending this case that they believe may or could be construed 19 as a violation of the non-prosecution agreement? Has anyone 20 pointed to anything that you've done? For example, the fact 21 that you've wanted to take their -- I don't know if you've 22 noticed depositions or not in this case, but if you've sent 23 notice of taking deposition, if you sent requests for 24 production of documents, if you sent interrogatories, if you 25 issued third party subpoenas? Is anything you've done thus far TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180318 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 15 of 51 3 1 in the context of this case been brought to your attention as a 2 potential violation? MR. CRITTON: I have received no notification nor am I 4 aware that we've received any notification of any action that 5 we have taken today. As I suggested to the Court, I don't know 6 when they've done or not. And in their papers they suggested, 7 well, we don't know everything that's gone on in the civil 8 litigation. But from a practical standpoint, it was a number of 10 comments that were made in their papers is, we can indict, we 11 can see if there's a breach. 12 Judge, I may have some -- 13 THE COURT: Before you go on. 14 MR. CRITTON: I'm sorry. 15 THE COURT: You've focused a great deal on the 16 Government's response to my inquiry as supporting your position 17 that you're in jeopardy. But you've made the suggestion, even 18 before this brief was filed, that defending the case was going 19 to potentially result in an assertion or allegation that you 20 breached the non-prosecution agreement. 21 So what was it that caused you to make that initial 22 assertion? Because that's what caught my attention, was not -- 23 this brief that the Government has filed was in response to 24 something that you filed initially in your most recent motion 25 for a stay which raised the issue. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180319 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 16 of 51 16 1 So what was it that gave you some concern to even 2 raise the issue that defending this case is going to constitute 3 a breach? 4 MR. CRITTON: Because there are other instances where 5 counsel other than myself, not in the civil aspects, where 6 allegations have been made and letters have been sent by the 7 United States suggesting that there's been a violation of the 8 NPA. And under those circumstances, some notification was 9 provided. 10 THE COURT: Did it have anything to do with defending 11 the civil actions? 12 MR. CRITTON: It did not. 13 THE COURT: So then why was that issue raised by you 14 in the first instance? 15 MR. CRITTON: Because of the prospect that the 16 defendant could take, that the U.S. would take the position 17 under the circumstances that a position that we took with 18 regard to the contested litigation may well impact, that the 19 Government may have a very different view of what the 20 interpretation of the agreement is. 21 And as an example is a number of the parties, and I 22 know the Court doesn't want to get into a discussion, the issue 23 is, is under 2255 is that from the defendant's perspective the 24 deal that was cut on that, it was a very specific deal. It 25 dealt with both consensual and contested litigation. It dealt TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180320 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 17 of 51 17 1 with a secret list of individuals who we had no idea who was on 2 the list, and a commitment that he would under certain 3 circumstances be required to pay a minimum amount of damages, 4 which our position is under 2255 based upon the statute that 5 was in effect at the time, a $50,000 as to anyone who wanted -- 6 who came forward who was on the list and met certain criteria. 7 The position that now has been asserted by a number of 8 the plaintiffs under the circumstances, and it's been pled, and 9 actually a number of the complainants is, is Epstein agreed, 10 and they cite to a letter that was sent by Ms. from 11 the Government, that says he has to plead guilty or he can't 12 contest liability. That may be true under very, very limited 13 or specific circumstances. 14 But what the plaintiffs have done in a number of the 15 cases, and these are pending motions, is they've said is, well, 16 we think C.M.A. cases is a good example, they've pled 30 17 separate counts of 2255 alleged violations. And they're saying 18 under the circumstances is, therefore, we have 2255 violations, 19 there's 30 of them, so 30 times 150, or should be, or whether 20 it's 150, that's the amount of money that we want, so maybe $15 21 million, or whatever the number is. 22 Some of the other plaintiffs' lawyers have been even 23 more creative. They've said is, well, we'll agree that it's 24 only one cause of action but that each number of violations; 25 that is, if 20 alleged incidents occurred, that we would TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180321 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 18 of 51 18 1 consider to be, or that we will argue are violations, then we 2 can take 20 times the 50, or the 150, depending on which 3 statute is applicable. 4 So the Government under that set of circumstance could 5 say, and, again, this is one of the reasons that we raised it, 6 they could say, look, our deal with you was that you couldn't 7 contest liability, that you were waiving liability, or your 8 ability to contest an enumerated offense under 2255. 9 Again, part of the deal was as to an enumerated 10 offense. Okay. Well, what's that mean? What did he plead to? 11 Well, he really didn't plead to anything, which is another 12 issue associated with the 2255. But if the Government comes in 13 and says, no, wait a minute, our position was, is that you're 14 stuck with 2255 and the language within the NPA. And, 15 therefore, whether it's an offense or whether it's multiple 16 offenses or violations or each one represents an individual 17 cause of action, if the Government takes the position that's 18 adverse to what we think the clear reading of the agreement was 19 under those circumstances, they could claim a violation. 20 And as a result -- and that's one of the reasons we 21 put -- that was the most glaring one to us, so we raised that 22 issue. And then when the Government's response came with 23 regard to, is we can just proceed to indict if we think that 24 there's been a breach of the agreement. 25 That puts us at substantial risk and chills our TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180322 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 19 of 51 ig 1 ability to move forward. Thank you, Your Honor. 2 THE COURT: Thank you. Who wants to be heard from the 3 plaintiffs first? 4 Is there any plaintiff's attorney who is contending 5 that the defense of these civil actions by Mr. Epstein is going 6 to constitute a breach of the non-prosecution agreement? 7 MR. JOSEFSBERG: Your Honor, this is Bob Josefsberg. 8 May I speak? 9 THE COURT: Yes, sir. 10 MR. JOSEFSBERG: We're not quite confident that any 11 breaches of any agreement, which were third-party 12 beneficiaries, should be resolved by you. We're not saying it 13 shouldn't. But we have not raised any breach of agreement. We 14 think that is between the United States and Mr. Epstein. 15 What I find incredulous and disingenuous is that 16 Mr. Epstein is saying that he wants a stay because he may be 17 forced into taking actions in the defense of this case that 18 would violate the agreement. 19 And let me make our position clear on that. If he 20 wants to move to take depositions, interrogatories, production, 21 and they are according to your rulings appropriate, not 22 invasive of the privacy of someone, and they are relevant, then 23 I don't know how those could in any way be violations of the 24 agreement. 25 What I find hypocritical is that there are two parts TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180323 Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 20 of 51 20 1 to the agreement that I am a beneficiary of. One of them is 2 that he has agreed that on any action brought in the 2255, he 3 will admit to liability. 4 And I received on May 26 a motion to dismiss, which 5 we're prepared to respond to and disagree with, but totally 6 contesting liability, saying that the statute doesn't apply 7 because the girls are no longer minors and saying, and this is 8 the great one, saying that the predicate of the conviction 9 under 2255 has not been satisfied. 10 Now, the understanding that I have is the agreement 11 between the Government and Mr. Epstein was that the Government 12 desired to see these victims made whole, and wanted them to be 13 in the same position as if Mr. Epstein had been prosecuted and 14 pled or convicted. And they would be able to have the 15 predicate of that criminal conviction, which just as a matter 16 of liability would just be introduced as proof that he's done 17 this. 18 They, under the agreement, are supposed to admit to 19 liability on limited something that's under 2255. He has 20 filed, but since there is no conviction, there can be no civil 21 suit under 2255, with which we disagree. But it is totally in 22 opposite of the NPA. 23 The second part is there are many young ladies, and 24 this perhaps he can use this to his great advantage, who are 25 humiliated about this entire situation. Some of them won't TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180324 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 21 of 51 21 1 come forward. 2 we were appointed by Judge Davis as a Special Master 3 to represent these young ladies. And some of them don't even 4 want to file suit. They don't even want to be known as Jane 5 Doe 103. They don't want any of the risks for these motions 6 that are pending. 7 And part of the agreement was that if we represented 8 them and they settle, Mr. Epstein would pay our fees. And he 9 has written us as of yesterday that he is under no obligation 10 to pay our fees on settling cases. 11 Now, those two matters, I believe, may be breaches. 12 But I am not asking this Court at this time to do anything 13 about them. Nor am I telling the Government, I'm not running 14 to the Government and saying indict him because I want you to 15 pressure him to do what he agreed to. 16 I'm a third-party beneficiary for that agreement, and 17 I may move to enforce certain parts of it. But as far as the 18 issue of staying the litigation, that is the exact opposite of 19 the intent and the letter of the NPA. The purpose of the NPA 20 was so that these 34 young ladies, these victims who have been 21 severely traumatized, may move on with their lives. 22 And to stay this action would be the exact opposite of 23 the purpose of that agreement and would be horrible 24 psychologically for all of my clients. 25 THE COURT: Mr. Josefsberg, I understand your TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180325 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 22 of 51 22 1 position. And I don't want to argue the merits of whether a 2 stay should or should not be granted. 3 I'm just trying to understand what the ground rules 4 are going to be if I grant a stay or if I deny a stay. And 5 I've already denied a stay once. I have to decide this current 6 motion, and I just want to know what is going to happen if I 7 deny the stay in terms of Mr. Epstein's exposure under the 8 non-prosecution agreement. That's my concern. 9 So if you're telling me that you're not going to urge 10 the United States, on behalf of any of your clients, to take 11 the position that he's breached the agreement because he's 12 taking depositions, because he's pursuing discovery, because 13 he's conducting investigations that anyone in any other type of 14 civil litigation might conduct with respect to plaintiffs that 15 are pursuing claims against a defendant, that those typical 16 types of actions, in your judgment, are not breaches of the 17 agreement and that he can go forward and defend the case as any 18 other defendant could defend, and you're not going to run to 19 the United States and say, hey, he's breaching the agreement by 20 taking depositions and he's breaching the agreement by issuing 21 subpoenas to third parties in order to gather information 22 necessary to defend, then I don't have a problem. But if he's 23 going to be accused of breaching the agreement because he sends 24 out a notice of deposition of one of your clients, how is he 25 supposed to defend the case? TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180326 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 23 of 51 23 1 MR. JOSEFSBERG: Your Honor, you're totally correct. 2 He can depose my client. That's not a problem. But the 3 problem is that these are not typical clients and this is not a 4 typical case. He has written in his pleadings that he wants to 5 publish the names of these girls in the newspapers so that 6 other people may come forward to discuss their sexual 7 activities with these different plaintiffs. That's not your 8 typical case. But are rulings that you'll make in this case, 9 and they're not part of the NPA. 10 As far as my going to the Government is concerned, I 11 find it very uncomfortable for me to use the Government to try 12 to pursue my financial interest in litigation. And I know that 13 Mr. Epstein and his counsel will make much ado about it. So I 14 am not going to be running there. 15 However, if they start taking depositions regarding 16 liability, I will consider that to be a breach because they're 17 supposed to have admitted liability. 18 THE COURT: But, again, I don't have the agreement and 19 I don't remember reading the agreement. But what I'm being 20 told is the part of the agreement that admits liability is only 21 as to a 2255 claim, and there are numerous other personal 22 injury tort claims other than 2255 claims. 23 And there's a limit of damages on the 2255 claim, as I 24 understand it, but I presume that all the plaintiffs are going 25 to seek more than the limited or capped amount of damages in TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180327 Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page24o151 24 1 the non-prosecution agreement as to the other claims. 2 And so why aren't they entitled to defend and limit 3 the amount of damages that your client is seeking on the 4 non-2255 tort claims? 5 MR. JOSEFSBERG: Your Honor, you are correct. On 6 non-2255 tort claims, they are permitted to do the defense, 7 whatever is appropriate. 8 My cases are pure 2255 on which liability under the 9 agreement is supposed to be admitted. Now, as to the amount of 10 damages, there are legal issues that will be before you and 11 under the C.M.A. cases that are getting before you, as to 12 whether it is 50 or 150. That has nothing to do with the NPA. 13 There are legal issues that are before you as to 14 whether it is per statute, per count. or per incident or per 15 plaintiff. Those have nothing to do with the NPA. There is no 16 amount in NPA. Those will be resolved. 17 Anyone who has brought a case that is outside of 2255, 18 the defense is permitted to contest liability under the NPA. 19 That's no violation. 20 Under the NPA if someone brought a case under just 21 2255, Mr. Epstein, if he is to keep his word, cannot contest 22 liability. And there would no need to stay this. Because it 23 is a self-fulfilling agreement. He can contest liability. And 24 as far as the amount of damages, anyone that wants to go over 25 the statutory minimums, of course, he can contest that in any TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180328 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 25 of 51 25 1 way that is proper under the Rules of Evidence and your 2 rulings. The NPA has no limitation on his contesting damages 3 above the minimum statutory amount. 4 The only thing that he has done is in his actions of 5 refusing to pay for settling defendants, and in his saying that 6 he has no liability under 2255, those appear to be contrary to 7 what's in the NPA. 8 But I'm not in any position right now to claim a 9 breach, and I don't know whether I'd be claiming a breach or 10 enforcing it in front of you, suing him for fees, asking you to 11 have him admit liability, or complaining to the Government. 12 And that's why I'm not that helpful in this situation because I 13 think it's the Government's role. 14 But I do not waive the right to be a third-party 15 beneficiary because pursuant to my appointment, which was 16 agreed to by Mr. Epstein, I and my clients have certain rights, 17 and we want to enforce them. 18 But his defending this lawsuit will not in any way be 19 a violation. His getting this lawsuit stayed would be a 20 violation of the spirit of taking care of these girls, and 21 there would be other issues. Like if there is a stay, Your 22 Honor, would he be posting a bond? 23 THE COURT: We don't need to talk about those issues. 24 That's not my concern. 25 MR. JOSEFSBERG: I agree, Your Honor, we don't. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180329 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 26 of 51 26 1 THE COURT: That's not my concern. So, again, I just 2 want to make sure that if the cases go forward and if 3 Mr. Epstein defends the case as someone ordinarily would defend 4 a case that's being prosecuted against him or her, that that in 5 and of itself is not going to cause him to be subject to 6 criminal prosecution. 7 MR. JOSEFSBERG: I agree, Your Honor. THE COURT: Any other plaintiff's counsel want to 9 chime in? 10 MR. WILLITS: Richard Willits on behalf of C.M.A.. I 11 would join, to weigh in on what Mr. Josefsberg said. 12 MR. JOSEFSBERG: Your Honor, I could not hear. 13 THE COURT: We'll get him to a microphone. 14 Mr. Willits is speaking. 15 MR. WILLITS: On behalf of my client, C.M.A., we join 16 in what Mr. Josefsberg said, and we also want to point out 17 something to the Court. 18 First, we want to make a representation to the Court, 19 we have no intention of complaining to the U.S. Attorney's 20 Office, never had that intention, don't have that intention in 21 the future, but, of course, subject to what occurs in the 22 future. 23 I want to point out to the Court that Mr. Epstein went 24 into this situation with his eyes wide open, represented by 25 counsel, knowing that civil suits had to be coming. If he TOTALACCESSCOURTROOMNETWORKREALTIMETRANSCRIPTION EFTA00180330 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 27 of 51 27 1 didn't know it, his lawyers knew it. 2 He appears to be having second thoughts now about he 3 could have negotiated this way or he could have negotiated that 4 way with the U.S. Attorney's Office. And they want to impose 5 their second thoughts on the innocent plaintiffs. We don't 6 think that's fair. We think it's in the nature of invited 7 error, if there was any error whatsoever. 8 Thank you. 9 THE COURT: You agree he should be able to take the 10 ordinary steps that a defendant in a civil action can take and 11 not be concerned about having to be prosecuted? 12 MR. WILLITS: Of course. And we say the same thing 13 Mr. Josefsberg said. It's all subject to your rulings and the 14 direction of this Court as to what is proper and what is not 15 proper. And we're prepared to abide by the rulings of this 16 Court, and we have no intention of running to the State's 17 Attorney. 18 THE COURT: The U.S. Attorney? 19 MR. WILLITS: I'm sorry. The U.S. Attorney. 20 THE COURT: Mr. Garcia. 21 MR. GARCIA: Thank you, Your Honor. 22 If I may briefly, I think perhaps defense counsel 23 forgot about this, but on pages 17 and 19 of my memorandum of 24 law in opposition to the motion to dismiss, I did make 25 reference to the non-prosecution agreement, and I did say that TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180331 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 28 of 51 28 1 the contesting of the jurisdiction of this Court was a 2 potential breach of the non-prosecution agreement. So my client happens to have, and they have filed with 4 the Court a copy of her state court complaint, given the fact 5 that the non-prosecution agreement limits the non-contesting of 6 jurisdiction to claims exclusively brought under the federal 7 statute. 8 I'm going to go ahead and withdraw those contentions 9 on pages 17 and 19 of my memo of law because it doesn't apply 10 to my case. So to the extent that I raised this issue with 11 defense counsel and the Court, I'm going to withdraw that 12 aspect of it. 13 THE COURT: Can you file something in writing on that 14 point with the Court? 15 MR. GARCIA: Yes. 16 THE COURT: What do you say about this issue that 17 we're here on today? 18 MR. GARCIA: I think that the problem that I have with 19 it is that this non-prosecution agreement is being used by 20 defense counsel for the exact opposite purpose that it was 21 intended. My perception of this thing, and I wasn't around, is 22 that Mr. Epstein essentially bought his way out of a criminal 23 prosecution, which is wonderful for the victims in a way, and 24 wonderful for him, too. 25 Now he's trying to use the non-prosecution agreement TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180332 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 29 of 51 29 1 as a shield against the plaintiffs that he was supposed to make 2 restitution for. And, certainly, he can take my client's depo. He's 4 done extensive discovery in the state court case -- very 5 intrusive, I might add. And we don't care, because we can win 6 this case with the prosecution agreement or without the 7 prosecution agreement. We are ready to go forward. 8 THE COURT: You're not going to assert to the United 9 States Government that what he's doing in defending the case is 10 a violation for which he should be further prosecuted? 11 MR. GARCIA: Absolutely not. 12 THE COURT: Anyone else for the plaintiffs? 13 MR. HOROWITZ: Judge, Adam Horowitz, counsel for 14 plaintiffs Jane Doe 2 through 7. 15 I just wanted to address a point that I think you've 16 articulated it. I just want to make sure it's crystal clear, 17 which is that we can't paint a broad brush for all of the 18 cases. 19 The provision relating to Mr. Epstein being unable to 20 contest liability pertains only to those plaintiffs who have 21 chosen as their sole remedy the federal statute. My clients, 22 Jane Doe 2 through 7, have elected to bring additional causes 23 of action, and it's for that reason we were silent when you 24 said does anyone here find Mr. Epstein to be in breach of the 25 non-prosecution agreement. That provision, as we understand TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180333 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 30 of 51 30 1 it, it doesn't relate to our clients. 2 THE COURT: Okay. But, again, you're in agreement 3 with everyone else so far that's spoken on behalf of a 4 plaintiff that defending the case in the normal course of 5 conducting discovery and filing motions would not be a breach? 6 MR. HOROWITZ: Subject to your rulings, of course, 7 yes. 8 THE COURT: Thank you. 9 Anyone else have anything to say from the plaintiffs? 10 Ms. , if you would be so kind as to maybe 11 help us out. I appreciate the fact that you're here, and I 12 know you're not a party to these cases and under no obligation 13 to respond to my inquiries. But as I indicated, it would be 14 helpful for me to understand the Government's position. 15 MS. : Thank you, Your Honor. And we, of 16 course, are always happy to try to help the Court as much as 17 possible. But we are not a party to any of these lawsuits, and 18 in some ways we are at a disadvantage because we don't have 19 access. My access is limited to what's on Pacer. So I don't 20 really know what positions Mr. Epstein may have taken either in 21 correspondence or in discovery responses that aren't filed in 22 the case file. 23 But your first order was really just what do you think 24 about a stay, and then the second order related to this hearing 25 and asked a much more specific question, which is whether we TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180334 Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 31 of 51 31 1 believe that Mr. Epstein's defense was a breach of the 2 agreement. 3 And I've tried to review as many of the pleadings as 4 possible. As you know, they're extremely voluminous. And I 5 haven't been through all of them. But we do believe that there 6 has been a breach in the filing that Mr. Josefsberg referred 7 to, and contrary to Mr. Critton, we do understand that we have 8 an obligation to provide notice, and we are providing notice to 9 Mr. Epstein today. 10 The pleading that we found to be in breach -- the 11 non-prosecution agreement, sought to do one thing, which was to 12 place the victims in the same position they would have been if 13 Mr. Epstein had been convicted of the federal offenses for 14 which he was investigated. 15 And that if he had been federally prosecuted and 16 convicted, the victims would have been entitled to restitution, 17 regardless of how long ago the crimes were committed, 18 regardless of how old they were at the time, and how old they 19 are today, or at the time of the conviction. 20 And it also would have made them eligible for damages 21 under 2255. 22 And so our idea was, our hope was that we could set up 23 a system that would allow these victims to get that restitution 24 without having to go through what civil litigation will expose 25 them to. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180335 Case.9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 32 of 51 32 1 You have a number of girls who were very hesitant 2 about even speaking to authorities about this because of the 3 trauma that they have suffered and about the embarrassment that 4 they were afraid would be brought upon themselves and upon 5 their families. 6 So we did through the non-prosecution agreement tried 7 to protect their rights while also protecting their privacy. 8 So, pursuant to the non-prosecution agreement -- on the other 9 hand, we weren't trying to hand them a jackpot or a key to a 10 bank. It was solely to sort of put them in that same position. 11 So we developed this language that said if -- that 12 provided for an attorney to represent them. Most of the 13 victims, as you know from the pleadings, come from not wealthy 14 circumstances, may not have known any attorneys who would be in 15 a position to help them. 16 So we went through the Special Master procedure that 17 resulted in the appointment of Mr. Josefsberg, and the goal was 18 that they would be able to try to negotiate with Mr. Epstein 19 for a fair amount of restitution/damages. And if Mr. Epstein 20 took the position, which apparently he has, which is that the 21 $50,000 or $150,000 floor under 2255 also would be a cap. That 22 if they were to proceed to file suit in Federal Court to get 23 fair damages under 2255, Mr. Epstein would admit liability, but 24 he, of course, could fight the damages portion, which means 25 that, of course, he would be entitled to depositions; of TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180336 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 33 of 51 33 1 course, he would be entitled to take discovery, and we don't 2 believe that any of that violates the non-prosecution 3 agreement. 4 The issue with the pleading that he filed, the motion 5 to dismiss the case, I believe it's Jane Doe 101, represented 6 by Mr. Josefsberg, is that that is a case that was filed 7 exclusively under 18 U.S.C., Section 2255. She met that 8 requirement. Mr. Epstein is moving to dismiss it, not on the 9 basis of damages, he is saying that he cannot be held liable 10 under 2255 because he was not convicted of an offense. 11 The reason why he was not convicted of an offense is 12 because he entered into the non-prosecution agreement. So that 13 we do believe is a breach. 14 The issue really that was raised in the motion to stay 15 and that I addressed in our response to the motion to stay is 16 that Mr. Epstein's -- Mr. Epstein wants to stay the litigation 17 in order to leave, in order to sort of attack the cases of the 18 victims whether they are fully within the non-prosecution or 19 not, non-prosecution agreement or not, and leave the Government 20 without a remedy if he does, in fact, breach those terms. And 21 that is why we opposed the stay. 22 THE COURT: I'm not sure what you mean by that last 23 statement. 24 MS. : Well, because this issue related to 25 the motion to dismiss on Mr. Josefsberg's client came up after TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180337 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 34 of 51 34 1 we had filed that response. And what we said in the response 2 to the motion to stay is that the reason why he wants to stay 3 the litigation is so that the non-prosecution agreement 4 terminates based on a period of time, as he puts it. And then 5 afterwards he would be able to come in here and make all of 6 these arguments that clearly violate the non-prosecution 7 agreement but we would be without remedy. 8 THE COURT: But you're not taking the position that 9 other than possibly doing something in litigation which is a 10 violation of an express provision of the non-prosecution 11 agreement, any other discovery, motion practice, investigations 12 that someone would ordinarily do in the course of defending a 13 civil case would constitute a violation of the agreement? 14 MS. : No, Your Honor. I mean, civil 15 litigation is civil litigation, and being able to take 16 discovery is part of what civil litigation is about. And while 17 there may be, for example, if someone were to try to subpoena 18 the Government, we would obviously resist under statutory 19 reasons, all that sort of stuff. But, no, Mr. Epstein is 20 entitled to take the deposition of a plaintiff and to subpoena 21 records, etc. 22 THE COURT: And even if he seeks discovery from a 23 Government agency, you have the right to resist it under the 24 rules of procedure but that would not constitute a violation, 25 again unless there's a provision in the prosecution agreement TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180338 Case '9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 35 of 51 35 1fl that says I can't do this? 2 MS. : Correct. 3p THE COURT: That's your position? 4 MS. : Yes. 5 THE COURT: Thank you. 6 MS. : Thank you, Your Honor. 7 THE COURT: Mr. Critton, did you want to add anything? 8 MR. CRITTON: Yes, sir. Just a few responses to some 9 of the issues that have been raised. 10 The most glaring, at least from our perspective, is 11 both Mr. Josefsberg's comments that he believes that there's a 12 violation of the NPA as well as Ms. with regard to 13 Jane Doe 101. 14 Mr. Josefsberg, while he was the attorney rep who was 15 selected by Judge Davis to represent a number of individuals, 16 alleged victims that may have been on the list, he represents 17 many of them. And the type of response that was filed in 101 18 would probably be very similar to what we will file if he 19 files -- and he filed 102 as well. But if he files 103, 104 20 and 105, or whatever number he files, we may well take that 21 same legal position in our motions and in our response or in 22 reply. 23 And what we've been, in essence, told today is we 24 consider that to be a violation of the NPA under the 25 circumstances. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180339 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 36 of 51 36 1 102 is a perfect example that he filed is, we have 2 e-mails going back and forth between the Government and my 3 clients' attorneys at the time that suggested that 102 probably 4 doesn't even fit within the statute of limitations. 5 So under Mr. Josefsberg's argument is as well, we've 6 only brought a 2255 claim. We don't care whether she's within 7 or is outside the statute of limitations. Because she was on 8 the list and under the circumstances, he has to admit 9 liability, which we contest is under that set of circumstances 10 you're stuck with it. You can fight damages if you can, but 11 she's a real person and you can't raise statute of limitations. 12 The other point that kind of strikes out is there's 13 probably a difference. And I'm happy to provide a copy of the 14 NPA or a redacted portion of the NPA which deals with the civil 15 issues, which are paragraphs 7, 8, 9 and 10, and the entire 16 addenda in camera for the Court to look at, if plaintiff's 17 counsel and the Government, I guess, really, because they're 18 not a party, is if they have no objection because they all have 19 access based on a prior court order to the non-prosecution 20 agreement. 21 So I'm happy to provide that to the Court today and 22 show it to counsel so that the Court can review that. 23 But our position with regard to the 2255 claims is 24 that -- there were two types of claims that could be filed, one 25 was consensual litigation, the second was contested litigation. TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180340 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 37 of 51 37 1 And under the consensual, in essence, which Mr. Epstein did, is 2 he's offered $50,000 of the statutory minimum for that time 3 period to all of those individuals. 4 THE COURT: Can I interrupt you a second? 5 MR. CRITTON: Yes, sir. 6 THE COURT: I'm not here, and I don't believe it's my 7 role to decide whether or not there is or is not a breach of 8 the agreement. I'm just trying to understand what the 9 Government's position is regarding your defending these cases. 10 Now, I'm just saying this as an example. If, for 11 example, in the non-prosecution agreement there was a provision 12 that said explicitly: Jeffrey Epstein shall not move to 13 dismiss any claim brought under 2255 by any victim no matter 14 how long ago the allegations or the acts took place, period. 15 If that was in the agreement and you filed a motion to 16 dismiss by someone who brought a claim, it might sound like it 17 might be a violation. 18 MR. CRITTON: I agree. 19 THE COURT: So you would know that when you filed your 20 motion because it was right there for you to read. 21 And so to stay the case because I want to do something 22 that the contract expressly prohibits me from doing, so stay 23 the case until the agreement expires so then I can do something 24 that the agreement said I couldn't do so you won't be in fear 25 of prosecuting, I'm not sure that that is what I'm concerned TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180341 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 38 of 51 38 1 about. 2 I'm concerned about discovery, investigation, motion 3 practice, that's not prohibited by a provision of the 4 agreement. If there's something that's prohibited by the 5 agreement that you, knowing what the agreement says, go ahead 6 and do, anyway, I guess that's a risk you're going to have to 7 take. If there's a legitimate dispute about it, I guess some 8 arbiter is going to decide whether it's a breach or not. 9 But, again, that's something you and Mr. Burman, 10 Mr. Goldberger, and you are all very good lawyers, and he's got 11 a whole list of lawyers representing him, and you've got the 12 agreement and you're going to make legal decisions on how to 13 proceed, and you're going to have to go and make your own 14 decisions. 15 I'm concerned about things that aren't in the 16 agreement, that aren't covered, that you're going to be accused 17 of violating because, again, you take depositions, you send out 18 subpoenas, you file motions that are not prohibited by the 19 agreement. And that's what I'm concerned about. 20 MR. CRITTON: And I understand that, Your Honor. 21 But at the same time, it's as if the lawyers and the 22 clients, based upon our interpretation of the agreement, and, 23 believe me, we would not have filed 101, the motion to dismiss, 24 but for believing that there was a good faith basis to do that 25 under the circumstances. TOTALACCESSCOURTROOMNENVORKREM31METIVOSCRIPTION EFTA00180342 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 39 of 51 39 1 And now, in essence, we're being accused not only by 2 -- not accused, but it's been suggested that there's a breach 3 of the NPA, not only by Mr. Josefsberg on behalf of 101, but as 4 well Ms. on behalf of the United States. 5 That's the perfect example. They're basically saying 6 we think you violated. We may send you notice under the 7 circumstances. So does that mean that on 101 we have to back 8 off of it because we think in good faith that it's a motion and 9 is that something that this Court ultimately will rule? 10 THE COURT: I don't know that I'm the one who is going 11 to make that decision. Again, that's not the kind of thing 12 that I was concerned about. I was more concerned about the 13 normal, ordinary course of conducting and defending a case that 14 would not otherwise expressly be covered under the agreement, 15 that you're going to then have someone say, ah, he's sent a 16 notice of deposition, he's harassing the plaintiffs. I don't 17 know if there's a no contact provision in the agreement or no 18 harassment type of provision in the agreement. Ah, this is a 19 breach because you sent discovery, or he's issuing subpoenas to 20 third parties trying to find out about these victims' 21 backgrounds, he's breaching the agreement. 22 Those are the kind of things that I was worried about. 23 MR. CRITTON: The concern that we have is as part of 24 doing this general civil litigation, it's not just the 25 discovery process. And I understand the issues that the Court TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180343 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 40 of 51 40 1 has raised. 2 But part of it is that often cases are disposed of 3 either on a summary basis or certainly legal issues that come 4 before the Court during the course of the case, just like in a 5 criminal case. That's clearly part of the, I'd say the defense 6 of the case under the circumstances; and if, in fact, an 7 individual can't legally bring a cause of action for certain 8 reasons, such as has been suggested in 101, and may be 9 suggested in 102 when that pleading is filed, that certainly is 10 a position that puts my client at risk. 11 As another example that I use with C.M.A., that they 12 filed this 30-count complaint. Now, they have the state court 13 claims as well. But they, in essence, have said they filed 14 another pleading with the Court that says depending on what the 15 Court rules, in essence, on whether we can file multiple claims 16 or one cause of action with multiple violations, we may dump 17 the state court claims and, therefore, we'll just ride along on 18 that. That's a very different -- 19 Mr. Epstein would never have entered into, nor would 20 his attorneys have allowed him to enter into that agreement 21 under those circumstances where he had this unlimited 22 liability. That clearly was never envisioned by any of the 23 defendants -- by the defendant or any of his lawyers under the 24 circumstances. 25 And if that's claimed to be a violation, either by the TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180344 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 41 of 51 41 1 attorneys; i.e., he's not recapitulating on liability under the 2 2255, and that's all we have now. That's our exclusive remedy. 3 And the Government says, yeah, that's right, that's a 4 violation of the NPA. It again chills us from moving forward, 5 filing the necessary motion papers and taking legal positions 6 that may put my client at risk for violating the NPA and then 7 creating the irreparable harm of, after having been in jail, 8 after having pled guilty to the state court counts, after 9 registering on release as a sex offender, he's complied and 10 done everything, taken extraordinary efforts to comply with the 11 NPA, puts him at substantial risk. And that's what our worry 12 is moving forward. 13 MR. JOSEFSBERG: Your Honor, may I be heard. May I 14 make three comments? It will take less than a minute. 15 THE COURT: Yes, sir. 16 MR. JOSEFSBERG: Mr. Critton refers to the alleged 17 victims. I want you to know that our position is that pursuant 18 to the NPA they're not alleged victims. They are actual, real 19 victims, admitted victims. 20 Secondly, he argues about the statute of limitations 21 on 102. I know that you don't want to hear about that, and I'm 22 not going to comment about it. But please don't take our lack 23 of argument about this as being we agree with anything. 24 Last and most important, we totally agree with 25 Mr. Critton in his suggestion that he hand you a copy of the TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180345 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 42 of 51 42 1 NPA. I think that many of the questions you asked will be 2 answered when you read the NPA, and I think it's very unfair of 3 everyone who is sitting in front of you who have the NPA to be 4 discussing with you whether it's being breached, whether there 5 should be a stay when you're not that familiar with it. 6 If we would give you a copy of it, I think it would be 7 much more helpful in making your ruling. 8 THE COURT: Maybe Judge Colvat will resolve this issue 9 for me. 10 MR. JOSEFSBERG: Even if he doesn't, Your Honor, I 11 believe we are allowed to show it to you. 12 THE COURT: I'll tell you what: I'll wait for Judge 13 Colvat to rule, and then if he rules that it should remain 14 sealed, then I'll consider whether or not I want to have it 15 submitted to me in camera. 16 Anything else, Mr. Josefsberg? 17 MR. JOSEFSBERG: No. I thank you on behalf of myself 18 and the other counsel on the phone for permitting us to appear 19 by phone. 20 THE COURT: All right. Anyone else have anything they 21 want to add? 22 MR. EDWARDS: Brad Edwards on behalf of Jane Doe. 23 I only had one issue here, and when I read your motion 24 that you wanted to hear on the narrow issue of just defense in 25 the civil actions filed against him violates the TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180346 Case 9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 43 of 51 43 1 non-prosecution agreement, I was expecting that we were going 2 to hear something from the Government similar to the affidavit 3 that was filed by Mr. Epstein's attorneys wherein he indicates 4 as of the day of this affidavit attached to the motion to stay, 5 the U.S. Attorney's Office has taken the position that Epstein 6 has breached the non-prosecution agreement and it names 7 specifically investigation by Epstein of this plaintiff and 8 other plaintiffs, Epstein's contesting damages in this action. 9 Epstein, or his legal representatives, making statements to the 10 press. And we didn't hear any of those things. 11 So that's what I was expecting that the U.S. 12 Attorney's Office was going to expound on and say, yes, we've 13 made some communications to Epstein. He's violating. 14 What we're hearing right now, today, just so that I'm 15 clear, and I think the Court is clear now, is that the 16 non-prosecution agreement is what it is. There have been no 17 violations, but for maybe what Mr. Josefsberg brought up. 18 But there are very few restrictions on Mr. Epstein. 19 He went into this eyes wide open. And whether or not I agree 20 with the agreement, how it came to be in the first place, is 21 neither here nor there. 22 But there have been no violations or breaches up to 23 this point. And his affidavit that was filed, I'm just 24 troubled by where it even came from. I mean, it's making 25 specific allegations that the U.S. Attorney's Office is TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION EFTA00180347 Case9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page44of51 44 1 threatening a breach, and this is part of the motion to stay, 2 which we're all battling here. 3 So I just wanted to indicate to the Court or remind 4 the Court that there have been specific allegations made, the 5 United States Attorney's Office is making these allegations of 6 breach, which we haven't heard any of the evidence of. 7 Thank you. 8 THE COURT: All right. 9 Ms. , did you want to respond to that 10 suggestion that there were other allegations of breach besides 11 the one that you've just mentioned today? 12 MS. : No, Your Honor. 13 THE COURT: Thank you. I appreciate your giving me 14 the information, which I think has been very helpful today, and 15 I'll try and get an order out as soon as possible. 16 (Court adjourned at 11:10 a.m.]. 17 CERTIFICATE 18 I hereby certify that the foregoing is an accurate 19 transcription of proceedings in the above-entitled matter. 20 s/Larry Herr 21 DATE LARRY HERR, RPR-CM-RMR-FCRSC 22 Official United States Court Reporter 400 N. Miami Avenue 23 Miami, FL 33128 - 305/523-5290 (Fax) 305/523-5639 24 email: Lindsay165®aol.com 25 Quality Assurance by Proximity Linguibase Technologies EFTA00180348 Case.9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 45 oWde 45 A against 423,25 624 16:10 18:11 21:12 B 43:6 abide 27:15 22:15 26:4 29:1 30:9 35:7 41:23 back 12:18 362 39:7 breaches 7:15,17 ability 18:8 19:1 42:25 42:16,20 backgrounds 3921 19:11 21:11 22:16 able 20:14 279 agency 34:23 anyway 38:6 balance 12:15 43:22 32:18 34:5,15 ago 31:17 37:14 apparently 32:20 bank 32:10 breaching22:19,20 about 4:24 5:25 6:10 agree 13:13 1723 appear 3:1925:6 based 6:12 10:7 12:6 22:23 39:21 6:18 9:2 11:15 25:25 26:7 279 42:18 13:11 17:4 34:4 brief 15:18,23 13:22 20:25 21:13 37:18 41:23,24 appearances 1:12 36:19 38:22 briefing 5:4 23:13 25:23 27:2 43:19 3:3,25 basically 7:16 13:10 briefly 27:22 27:11,23 28:16 agreed 17:9 203:2 appears 27:2 39:5 bring 29:22 40:7 30:24 32:2,2,3 21:1525:16 applicable 6:13 18:3 basis 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9:08-cv-80119-KAM Document 180 Entered on FLSD Docket 06/24/2009 Page 46 of3§de 46 29:3 40:3,9 committed 31:17 course 7:5 24:25 Davis 21:2 35:15 39:19,25 Certified 2:22 communications 2621 27:12 30:4,6 day 43:4 discretionary 6:19 certify 44:18 43:13 30:16 32:24,25 deal 923 14:13,14 6:21 change 7:25 complainants 17:9 33:1 34:1239:13 15:15 1624,24 discuss 9:22 23:6 changes 7:8 complaining 25:11 40:4 18:6,9 discussing 42:4 charges 5:3 26:19 court 1:12:22 3:1,6 deals 36:14 discussion 16:22 chilling 9:7 complaint 28:4 3:9,12,15,20,22,24 dealt 6:191625,25 disingenuous 19:15 chills 10:9 18:25 40:12 4:4,7,11,15,20 decide 10:1122:5 dismiss 7:22 8:18 41:4 compliance 12:14 5:11,14,18,19,21 37:138:8 10:14 20:4 27:24 chime 26:9 complied 41:9 524 6:6,11,13,14 decision 39:11 33:5,8,25 37:13,16 chosen 29:21 comply 41:10 6:18,20,21,22 7:6 decisions 38:12,14 38:23 circumstance 721 concern 4:24 5:10,24 8:1 9:6 11:3,10,25 deem 11:19 disposed 40:2 8:18 18:4 9:20 16:122:8 12:19 13:1,10,16 deemed 10:4 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32:22 38:13 really 12:2 18:11 resolved 7:4 19:12 over 11:19 24:24 plaintiffs 19:426:8 proceeding 6:15,15 30:20,23 33:14 24:16 own 12:21 38:13 36:16 proceedings 423,25 36:17 respect 22:14 playing 7:8 44:19 Realtime 2:22 respectfully 7:6 14:4 P Plaza 2:18 process 39:25 reason 6:14 7:3 respond 20:5 30:13 Pacer 30:19 plead 17:11 18:10,11 production 14:24 29:23 33:11 342 44:9 pages 7:14 27:23 pleading 7:14 31:10 19:20 reasons 18:5,20 response 5:6 7:14 28:9 33:4 40:9,14 prohibited 38:3,4,18 34:19 40:8 8:2 11:20 15:16,23 paint 29:17 pleadings 23:4 31:3 prohibits 37:22 recapitulating 41:1 18:22 33:15 34:1,1 Palm 1:2,4,21 2:10 32:13 proof 20:16 received 5:5 15:3,4 35:17,21 2:13 please 41:22 proper 25:127:14 20:4 responses 10:14 paper 10:16 13:7 pled 17:8,16 20:14 27:15 recent 7:7 15:24 3021 35:8 papers 8:10,16 9:25 41:8 prosecuted 20:13 records 34:21 restitution 29:2 10:8 11:21 12:20 Podhurst 2:2,5 3:17 26:4 27:11 29:10 redacted 36:14 31:16,23 EFTA00180353 Cases9:08-cv-80119-KAM Document 180 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34 21:20 2823 31:12,16,23 4:16 08-80119-C1V-M... 32:13 33:18 35:16 Webs 2:12 1:3 4 39:20 41:17,18,19 well 7:10 8:20 10:22 41:18 11:12 41:19 11:12,12,13,13 1 400 223 4422 9 12:17 13:16 14:11 1 5:17 401 1:17 2:14 4:9 15:7 16:18 17:15 10 36:15 4:10 171030:10 17:23 18:10,11 10th 123 S 30:15 33:24 34:14 33:24 35:12,10,20 101 2:3,7 33:5 35:13 51:18 6:9 35:2,4,6,12 39:4 36:5 39:4 40:13 35:17 38:23 39:3,7 5th 12:18 EFTA00180355 EFTA00180356 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Frebaiyi ciO4400 D.C. ELECT PrONIC July 18, 2008 UNITED STATES DISTRICT COURT STEVEN M. LARIMORE CLERK U.S. DISE. CI. SOUTHERN DISTRICT OF FLORIDA 5.D. OF FLA. • MIAMI 08-80804-Civ-MARRA/JOHNSON CASE NO.: JANE DOE, a/k/a JANE DOE #1, Plaintiff, Vs. JEFFREY EPSTEIN and Defendants. NOTICE OF REMOVAL In accordance with 28 U.S.C. §§ 1441, 1446, and 1332(a)(1), the defendants, Jeffrey Epstein, and , hereby remove this action' from Palm Beach County Circuit Court to the United States District Court for the Southern District of Florida, and respectfully state as follows: Introduction Six months ago, this plaintiff filed virtually the identical lawsuit in this Court. See Jane Doe #1 v. Epstein, Case No. 08-cv-80069-KAM (S.D. FM. filed Doe v. Epstein et at, Case No. 50 2008 CA 006596 XXXX MB (FM. 15th Cir. Ct. filed Mar. 6, 2008). Lewis 'reins. 30$96amailonsuL Sum 340,CoColtui Gaon, Foram 33133 1 01311 EFTA00180357 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 3 of 100 redacted, is attached hereto (Exhibit A). Two days later, counsel for Jane Doe # I filed a notice of voluntary dismissal without prejudice in the First Federal Action. See Doe #1 v. Epstein, Case No. 08-CV-80069-KAM, DE 9. Two weeks later (March 6, 2008), having changed lawyers, Jane Doe #1 refiled her complaint in Florida Circuit Court as the instant case, adding two nominal defendants: a, Mr. Epstein's personal secretary, and MIS, one of Jane Doe #1's contemporaries. These defendants have nothing to do with the plaintiff's case against Mr. Epstein, except that the presence ofMit IS as a defendant in this new case, because she is a citizen of Florida (Am. Compl. ¶ 4), would ostensibly prevent complete diversity.2 As discussed below, however, ME was named in the reified lawsuit only to destroy diversity jurisdiction, and to prevent any application of 18 U.S.C. § 3509(k), a mandatory stay provision applicable in federal court .3 Haley 2 Defendant Kellen is a citizen of New York (Am. Compl. ¶ 5), and is therefore a nonresident defendant for purposes of diversity jurisdiction and removal. 3 Section 3509(k) of Title 18, United States Code, provides as follows: If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court. 3 Lewis "rein s. 3059 GitiomAssm4, Sum 340. COCONUT GlIOVI. hogs 33133 3 o(31$ EFTA00180358 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 5 of 100 Doe" lawsuits presently pending against Epstein, filed by this plaintiff's former lawyer. This case is properly removed to federal court, first, because there is complete diversity among the real parties-in-interest, second, because the amount in controversy exceeds $75,000, and third, because this Notice complies with the requirements of 28 U.S.C. § 1446. Discussion A. This case is properly removable because it falls within the original jurisdiction of the United States District Court for the Southern District of Florida. A state-court case is properly removable when "it could have been brought, originally, in a federal district court." Lincoln Prop. Co. v. Roche, 546 U.S. 81, 83 (2005) (citing 28 U.S.C. § 1441(a)). This case was originally filed in federal district court, and it is the same case today. Even though it was reconfigured to look like a state-court lawsuit, this action falls squarely within the bounds of the diversity-jurisdiction statute. See 28 U.S.C. § 1332(a)(1) (establishing that federal district courts have original jurisdiction over cases where the amount in controversy [is more than $75,000] . . . and [when the controversy] is between citizens of different states"). 5 Lewis Tein ri. 3059 GOANOAW P414,SUill 340. COCONUT Wort, f tomm 33113 Sol 316 EFTA00180359 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 7 of 100 To cement this point, the Eleventh Circuit Court of Appeals has said that "[w 'hen [a] complaint does not claim a specific amount of damages, removal from state court is proper if it is facially apparent from the complaint that the amount in controversy exceeds the jurisdictional requirement." Williams v. Best Buy Co., Inc., 269 F.3d 1316, 1319 (1 1 th Cir. 2001). This case meets that standard, and satisfies the first prong of diversity jurisdiction. 2. There is complete diversity among the real parties to this controversy. Diversity jurisdiction requires complete diversity. Carden v. Arkoma Assocs., 494 U.S. 185, 187 (1990) ("Since its enactment, we have interpreted the diversity statute to require `complete diversity' of citizenship." (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267-68 (1806))). See also MacGinnitie v. Hobbs Group, LLC, 420 F.3d 1234, 1239 (1I th Cir. 2005) (stating that "[c]omplete diversity requires that no defendant in a diversity action be a citizen of the same state as any plaintiff"). As demonstrated below, this case satisfies the statutory requirement of complete diversity. (a) Plaintiff Jane Doe is a citizen of Florida. (Am. Compl. ¶ 1.) 6 Jane Doc may, in fact, be a citizen of Georgia, not Florida, as she pled in her Amended Complaint. See New York Post, Jul. I, 2008 (reporting that "On his way into court [for his state-court guilty plea on June 30], Epstein was served with a copy of a lawsuit by Doe, who has since moved to another state."); Jane Doc Depo. at 77, 1 l2 (indicating that 7 Lewis Teinrt 3059 Gismo Avititg, Suitt 340,Cocoma Goan, Fiona 3)133 7 of 310 EFTA00180360 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 9 of 100 Oct. 15, 2007) (Moreno, J.) (citing Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 292 F.3d 1334, 1337 (11th Cir. 2002)); accord, e.g., Tedder v. F.M.C. Corp., 590 F.2d 115, 117 (5th Cir. 1979) (denying motion to remand where two resident defendants were joined for the fraudulent purpose of defeating federal jurisdiction). In this case, the plaintiff relies on her original allegations to support three causes of action against : civil conspiracy (Am. Compl. ¶¶ 20-23); Intentional Infliction of Emotional Distress (Am. Compl. ¶¶ 23-28); and civil RICO (Am. Compl. ¶¶ 29-34). These allegations, however, do not support these claims, or any other theory of liability that would allow recovery against Cf. Parks v. The New York Times Co., 308 F.2d 474, 477 (5th Cir. 1962) (observing that "determination of fraudulent joinder is to be based on whether there was a real intention on colorable grounds to procure a joint judgment") (emphasis added).8 (a) Nonresident defendants have a right of removal. The removal statute was enacted specifically "to protect defendants." Legg v. Wyeth, 428 F.3d 1317, 1325 (1Ith Cir. 2005). Cf, e.g., Picquet v. Amoco Prod. Co., 513 F. Stipp. 938, 941 (M.D. La. 1981) (explaining that courts developed the fraudulent-joinder doctrine to protect "the right [of removal] granted to 8 In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en bane), the Eleventh Circuit Court of Appeals adopted as binding precedent all decisions of the former Fifth Circuit rendered prior to October 1, 1981. 9 Lewh:Fein n. 3059 CUPID AWNIJI, Syllt 340. Cocowl GROW, flow 33131 9 01316 EFTA00180361 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 11 of 100 action arising from an alleged sexual assault of a minor "shall be stayed until the end of all phases of [any] criminal action") (emphasis added). In this case, there is a parallel federal criminal grand jury action pending in the Southern District of Florida, In re Grand Jury, No. FGJ 07-103(WPB) (S.D. Fla.), which arises out of the same allegations pled here. Thus, in resorting to fraudulent joinder, the plaintiff has sought to avoid any application of this otherwise controlling statute. Cf. Doe v. Francis, No. 5:03 CV 260 MCRJWCS, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (staying civil diversity action over plaintiffs' objections on grounds that "the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case . . . where a parallel criminal action is pending which arises from the same occurrence involving minor victims") (emphasis added). Even outside the context of a mandatory federal statute, "the Supreme Court Chas] admonished [that] `the Federal courts should not sanction devices intended to prevent a removal to a Federal court where one has that right, and should be equally vigilant to protect the right to proceed in the Federal court."' Legg, 428 F.3d at 1325 (citing Wecker v. Nat'l Enameling & Stamping Co., 204 U.S. 176, 186 (1907)). See also id. (observing that "Congress `did not extend [to defendants a right of removal] with one hand, and with the other give plaintiffs a bag of tricks 11 Lewis "rein it 3059 &Arcking/0mm 340,Cocorout Gkovi. FiccoA 33333 It of 316 EFTA00180362 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 13 of 100 complaint contains four claims for relief, the first and second claims state only one cause of action") (emphasis added). Using her original allegations and adding nothing, Jane Doe has tried to add claims against for civil conspiracy (Am. Compl. ¶¶ 20-23), Intentional Infliction of Emotional Distress Am. Compl. ¶¶ 24-28), and civil RICO (Compl. ¶¶ 29-34) in order to append a nondiverse defendant to her Complaint. These claims, however, are untenable under Jane Doe's own allegations, and therefore cannot be used to destroy diversity jurisdiction. (b) There is no ossibili that the plaintiff can establish a cause of action against under Florida law. (i) The conspiracy claim against Robson must fail. As a general rule, "[a]n actionable conspiracy [under Florida law] requires an actionable underlying tort or wrong." Wright v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984) (citations omitted) (emphasis added).1° 10 This case is governed by the general rule. Cf. Churruca v. Miami Jai-Alai, Inc., 353 So. 2d 547, 550 (Fla. 1977) (noting that while there is "ordinarily . . . no independent tort for conspiracy," there is a narrow exception to this rule when "the plaintiff can show some peculiar power of coercion possessed by the conspirators by virtue of their combination") (emphasis added). See generally Liappas v. Augoustis, 47 So. 2d 582, 583 (Fla. 1950) (observing that 'instances of conspiracy which is in itself an independent tort are rare and should be added to with caution' (quoting Fleming v. Dane, 22 N.E.2d 609, 611, (Mass. 1939))) (emphasis added). Plainly, this case involves the general rule, not the narrow exception, because only one person could have caused Jane Doe's injuries. Cf. Martin v. Mar/in, 529 So. 2d 1174, 1179 (Fla. 3d DCA 1988) (upholding 13 Lewis 'Fein ri. 3039 Gime.Mimic, Sulu 310, Cacown Gum, Ftos 33133 13 of 315 EFTA00180363 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 15 of 100 Buchanan v. Miami Herald Publ'g Co., 230 So. 2d 9, 12 (Fla. 1969) (holding that where Count I of the complaint had failed to state a cause of action for malicious prosecution, there could be no civil-conspiracy claim in Count II "based on the allegations of Count I"). Because the statute she expressly pleads as the basis for Count I, Chapter 800, Florida Statutes, provides no civil remedy, Jane Doe cannot prevail on Count I. Therefore, she cannot prevail on her claim for conspiracy (Count II) to violate Chapter 800, Florida Statutes (Count I). (ii) The laintiff cannot prevail against nondiverse defendant on her claim for Intentional Infliction of Emotional Distress (TIED). Even if the plaintiff, for the sake of argument, can assert an LIED claim against Jeffrey Epstein, the plaintiff still does not have a cause of action for LIED against First, the plaintiff cannot recover damages in connection with her own illegal conduct; and second, the plaintiff's purported LIED claim fails as a matter of law. 15 LeVCrrin Pl. 3059 GoosAvont, SUM 340, CocomuiGrovi, (tow* 33133 1501310 EFTA00180364 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 17 of 100 omitted) (emphasis added); Turner v. Anderson, 704 So. 2d 748, (Ha. 4th DCA 1998) ("[N]o public policy should allow appellant to recover damages as a result of engaging in criminal conduct such as occurred in this case."). Cf. Ewell v. Daggs, 108 U.S. 143, 149 (1883) (stating that 'Inlo court will lend its aid to a [plaintiff] who founds [a] cause of action upon an immoral or an illegal act') (quoting Holman v. Johnson, 98 Eng. Rep. 1120 (K.B. 1775)); see also id. (explaining that this policy is "not for the sake of the defendant, but because [the courts] will not lend their aid to such a plaintiff" (quoting Holman, 98 Eng. Rep. 1120)) (emphasis added); Bolas v. Ruzzo, 703 So. 2d 1076, 1082 (Fla. 5th DCA 1997) (Harris, J., concurring) (remarking in the context of an action brought against an alleged prostitution house that "the court should continue its tradition of not interceding in civil conflicts involving transactions that are either illegal or are against public policy"). Based on the foregoing, the plaintiff cannot blame someone else (= ) for the consequences of her own criminal conduct. Cf. Feld & Sons, Inc. v. Pechner, Dorfman, Wolfe, Rounick and Cabot, 458 A.2d 545, 552 (Pa. Super. Ct, 1983) (holding that law-firm clients could not recover damages flowing from their own criminal acts, even though clients' lawyers had suggested the unlawful conduct to begin with). See also Turner v. Anderson, 704 So. 2d 748, 751 (Fla. 4th 17 Lewis 'rein N. 3059 Gomm Avow!, Sol 340, Cocolv/ Goovi, FLovim 33133 17 of 316 EFTA00180365 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 19 of 100 (iii) The plaintiff cannot prevail on her claim for civil remedies for criminal practices or racketeering ("civil RICO") pled in Count IV. A cause of action under section 772.104, Florida Statutes ("Civil Remedies for Criminal Practices") requires a showing of direct injury. Even assuming for the sake of argument that Jane Doe can establish that the defendants engaged in a "pattern of criminal activity," she cannot establish that she was directly injured by those activities. Section 772.104 allows someone to bring a civil RICO claim only if "he or she has been injured by reason of any RICO violation. § 772.104, Fla. Stat. (2007). Here, the allegations in Count IV, even if they are true, do not add up to a civil RICO claim because there is no proximate cause between the purported "pattern of criminal activity" and Jane Doe's alleged injuries. In a doomed attempt to satisfy the extremely high burden of pleading civil RICO under Florida law, the Amended Complaint lists a series of violations rooted in Florida's prostitution statutes. (Am. Compl. ¶ 31.) According to the Amended Complaint, the defendants participated in a criminal enterprise . . . or conspir[acy]" (Am. Compl. ¶ 30) over an unspecified length of time "to repeatedly find and bring [Jeffrey Epstein] underage girls . . . in order for Epstein to solicit, coerce, entice, compel, or force such girls in acts of prostitution and/or lewdness" (Am. 19 Levyjittysin rl. 3059Comeo Anwut, Sunt 340,Corowl Gran,Firm* 13133 190316 EFTA00180366 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 21 of 100 where petitioners alleged that they had "suffered emotional pain, anguish, humiliation, insult, indignity, loss of self-esteem, inconvenience, hurt and emotional distress" as a result of being forced repeatedly, over time, to "perform sexual acts to retain their employment"). Here, even if the Amended Complaint can be read to plead that the defendants schemed to solicit other massages from other people (see, e.g., Am. Compl. ¶¶ 9, I I, 12, 32), those activities are not alleged in any way to have impacted Jane Doe. CI, e.g., Palmas Y Bambu, S.A. v. E.I. Dupont De Nemours & Ca, Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding that "'indirect injuries, that is injuries sustained not as a direct result of predicate acts . . . will not allow recovery under Florida RICO." (quoting O'Malley v. St. Thomas Univ., Inc., 599 So. 2d 999, 1000 (Fla. 3d DCA 1992))) (emphasis added). Because the Amended Complaint does not satisfy the direct-injury requirement under Florida's RICO law, Jane Doe has failed to allege a cause of action against for violation of section 772.103, Florida Statutes. B. This Notice satisfies the procedural requirements of 28 U.S.C. § 1446. I. This notice of removal is timely. In accordance with 28 U.S.C. § 1446, this notice of removal is timely. Only defendant Epstein has been served with process. Defendants 21 Lewis 'rein s. 3059 GRANO AVIMO. WTI 340, Coco. to 6*Cal• /10/M33133 2101316 EFTA00180367 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 23 of 100 WHEREFORE, the Defendants, Jeffrey Epstein, a, and Mi Ma, remove this case from Palm Beach Circuit Court to the United States District Court for the Southern District of Florida. Respectfully submitted, LEWIS TEIN, P.L. 3059 Grand Avenue, Suite 340 Coconut Florida 33133 Tel: Fax By: GUY A. LEWIS Fla. Bar No. 623740 MICHAEL R. TEIN Fla. Bar No. 993522 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 By: Jack A. Goldberger Fla. Bar No. 262013 Attorneysfor Defendant Jeffrey Epstein 23 LeyyisTsinn. )059 GIs. Avinui, Suet 310, [amour GAM. ham 33133 23.1311 EFTA00180368 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 25 of 100 Service List Theodore J. Leopold, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counselfor Plaintiffiane Doe Douglas M. McIntosh, Esq. Jason A. McGrath, Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counselfor DefendantMMI Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counselfor Defendant Robert D. Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counselfor Jeffrey Epstein 25 Lewis Teina 3059 GammAriwi, Sun NO, Cocosui Giortjtatio• 33)33 3903319 EFTA00180369 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 27 of 100 nsor R Associates Rernninp and Tranicriptinch Mc. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2006 CF09454AXX STATE OF FLORIDA, -vs- JEFFREY EPSTEIN, Defendant. DEPOSITION OF Wednesday, February 20, 2008 2:00 p.m. - 4:30 p.m. Palm Beach County Courthouse 205 North Dixie Highway West Palm Beach, Florida 33401 C eY iti t Reported By: Judith F. Consor, FPR Notary Public, State of Florida Consor & Associates Reporting and Transcription Phone - 561.682.0905 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 27 of 315 EFTA00180370 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 29 of 100 nsor & Assoc iates Hopnrtua ripon, Inc blIll Trams Page 3 1 INDEX PAGE: 2 WITNESS: 3 DIRECT EXAMINATION 4 4 BY MR. TEIN: 5 6 7 NOEXHIBITS MARKED 8 - - - 9 CERTIFIED QUESTIONS Page Line 10 53 22 55 1 11 59 2 111 14 12 112 2 13 14 15 16 17 18 19 20 21 22 23 24 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 21o1316 EFTA00180371 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 31 of 100 nsor & Associates Repaninp. end Traoscripsion. Inc Page 5 1 my questions, will you just please let me know? 2 A. Yes. 3 Q. And if at any time you're not feeling well 4 or something like that, you'll tell us, right? 5 A. Yes. 6 Q. Do you feel okay today? 7 A. Yes. 8 Q. Not taking any alcohol or drugs or anything 9 like that, right? 10 A. No. 11 Q. So you feel ready to have your deposition 12 taken? 13 A. Yes. 14 Q. what is your address? 15 A. I'm currently living at my aunt's house and 16 I don't know it off the top of my head. 17 Q. Where is it? 18 A. In Jupiter. 19 Q. Who is your aunt? 20 A. 21 Q. Who else is living there? 22 A. my uncle. 23 Q. Anyone else living there? 24 A. No. 25 Q. The contempt motion that your mother filed Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3101311 EFTA00180372 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 33 of 100 Ass nsotprandgtTranscr ociates iption. Inc. Itcponit Page 7 1 Q. Where is that? 2 A. Palm Beach Lakes. 3 Q. Have you spent the night over there? 4 A. No, sir. 5 Q. Do you know the address there? 6 A. I do not. Q. Isn't your sister planning on living 7 8 with you and Ili? 9 A. No. 10 Q. agyou know that this court case is a 11 criminal prosecution, correct? 12 A. Correct. 13 Q. And you know that it's a criminal criminal background. 14 prosecution against a man who has no 15 Do you know that? 16 A. I do now. 17 Q. You agree that court is a very serious 18 matter? 19 A. Yes. 20 Q. And you're here with your lawyer 21 Mr. Leopold, right? 22 A. Yes. 23 Q. And you know that Mr. Leopold recently Jeffrey Epstein, 24 filed a lawsuit in federal court against 25 seeking fifty million dollars. Ph. 561.682.0905 - Fax. 561.682.1771 Beach, FL 33401 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm 33 ol 316 EFTA00180373 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 35 of 100 nsor & Associates Roponus and Transcripum, Inc. Page 9 1 MR. LEOPOLD: Lewis, we're not going to do 2 that. 3 MR. TEIN: My name is not Lewis. I'm going to finish my question. Okay? 4 5 MR. LEOPOLD: Do not answer until you hear 6 from me. 7 BY MR. TEIN: 8 Q. Other than conversations that you have had 9 with Mr. Leopold -- I'm not asking about that -- are you 10 aware that Mr. Leopold has filed a lawsuit in federal 11 court seeking fifty million dollars from Jeffrey Epstein 12 on your behalf? 13 MR. LEOPOLD: Same objection. 14 Anything that you learn through 15 conversations between you and me, do not answer. 16 Those are protected. If you know through any 17 other realm of knowledge, you may answer. 18 THE WITNESS: No. 19 BY MR. TEIN: 20 Q. You have no idea that Mr. Leopold filed a 21 fifty million-dollar lawsuit on your behalf against 22 Jeffrey Epstein? 23 MR. LEOPOLD: Same objection. 24 Do not answer that question if it's through 25 discussions that you and I had. Outside of that, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 35 of 316 EFTA00180374 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 37 of 100 nsor & Associates Re portins soul Transcri pant Inc. Page 11 1 objections. Check your rules. 2 MR. LEOPOLD: Excuse me. For the record, 3 Counsel asked me a question. I'll state the 4 answer on the record. He asked me the question am 5 I going to be answering that way throughout the 6 deposition. So long as there's improper 7 foundation and predicate asked by the attorney, I 8 will protect my client and I make the record where 9 appropriate. If counsel wishes to ask an 10 appropriate worded question with the proper 11 foundation and predicate, I will certainly allow 12 the client to answer the question. 13 MR. GOLDBERGER: Why don't you just state 14 attorney/client privilege and just be done with 15 it? 16 MR. LEOPOLD: I want the record to be 17 clear. 18 MR. TEIN: You want to waste time is what 19 you want to do. 20 You were supposed to be here this morning 21 and you totally broke the deal, the agreement that 22 you had with us if your hearing got cancelled. 23 But let's move on and maybe you'll stop 24 obstructing this deposition. 25 MR. LEOPOLD: I think the record is very Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 37 ol3111 EFTA00180375 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 39 of 100 nsor & Associates Ramming! and Transcripann. Inc Page 13 1 an attorney, filed a fifty-million-dollar lawsuit on your 2 behalf against Jeffrey Epstein, yes or no? 3 MR. LEOPOLD: Same objection. 4 MR. TEIN: We've heard the objection 10 5 times already. 6 MR. LEOPOLD: Counsel, excuse me. 7 MR. TEIN: Just say attorney/client 6 privilege. Stop interrupting my questions. 9 MR. LEOPOLD: I'm entitled to make an 10 objection for the record, which I'm doing, and 11 I'll make the same objection. And if it calls for 12 attorney/client privilege, any conversations you 13 and I have had, do not answer the question. 14 And I think that it might be appropriate, 15 for the record, to ask questions via III" 16 opposed to NWI think that 17 would be more appropriate for this deposition. 18 BY MR. TEIN: 19 Q. Go ahead. Please answer yes or no. 20 A. Yes. 21 Q. Thank you. 22 In fact, you know that Mr. Herman held a 23 press conference after he filed the fifty-million-dollar 24 lawsuit on your behalf, don't you? 25 A. After it happened. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 76 o1316 EFTA00180376 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 41 of 100 nsor & Associates Re periling end Transcription, inc. Page 15 1 MR. LEOPOLD: We're going to leave or we're 2 going to take a break, because his demeanor is not 3 appropriate. There's no reason to have this kind 4 of demeanor. If you want to have this kind of 5 demeanor with me -- 6 MR. TEIN: You are obstructing this 7 deposition. 8 MR. GOLDBERGER: Why don't you guys go 9 outside and just talk about -- 10 MR. LEOPOLD: She -- her job is very 11 difficult and she's not going to be able to take 12 us both talking at the same time. 13 MR. GOLDBERGER: Off the record. 14 MR. LEOPOLD: We're not going off the 15 record, Jack. We're not, Jack. Her job is very 16 difficult. I'm going td make the record. 17 I don't think it is appropriate, especially 18 in the small confines of this room, to be very 19 aggressive with this young lady. 20 MR. TEIN: That's not happening. Stop, 21 stop actually -- 22 MR. LEOPOLD: If you're going to interrupt G3 me, we're going to cancel this deposition 24 MR. TEIN: Stop misrepresenting. 25 THE COURT REPORTER: I need one at a time, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 41 of 310 EFTA00180377 Case 9:08-cv-80804-KAM nt 1 EnteredonFLSpDocket07/21/2008 Page 43 of 100 nsor & Associates Kupanias and Transcriptirm, Page 17 1 You were supposed to be here at nine a.m.; 2 it's now after two. Take your break and come 3 back. 4 MR. LEOPOLD: Okay. If the demeanor keeps 5 up, we will not be here beyond those five minutes. 6 MR. TEIN: Take your break and come back. 7 MR, LEOPOLD: Okay. So I suggest that you 8 relax. 9 MR. TEIN: I suggest that you take your 10 break. 11 MR. GOLDBERGER: Let them take that 12 five-minute break. 13 MR, LEOPOLD: But I would suggest that you 14 take deep breaths. 15 MR. TEIN: Suggest whatever you want. Go 16 take a break. 17 (Thereupon, a recess was taken.) 18 BY MR. TEIN: 19 R. 111. you agree that giving testimony 20 today at your deposition is something very serious, don't 21 you? 22 A. Yes. 23 Q. And you respect the court, don't you? 24 A. Yes. 25 Q. Let me show you Exhibit 31-001. Can you Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 4301316 EFTA00180378 Case 9:08-cv-80804-KAM p. ent 1 Entered on FLSD Docket 07/21/2008 Page 45 of 100 nsor & Associates RolortinpamITranscrimitm,Im. Page 19 1 Q. Did you send that message to a friend of 2 yoirs on MySpace? 3 A. Sure, yes. 4 Q. Were you referring to this deposition? 5 A. Yes. 6 Q. Do you find the term n-i-g-g-e-r offensive? 7 A. That's not anywhere in there. 8 Q. What word did you use in there? 9 MR. LEOPOLD: Where are you referring to, 10 Counsel? There's 20 plus words in there. 11 MR. TEIN: Don't make a speaking objection. 12 THE WITNESS: Are you referring to 13 anything -- 14 MR. LEOPOLD: No, ow Don't -- don't 15 let him ask you the question. 16 BY MR. TEIN: 17 Q. What question were you asking, 18 MR. LEOPOLD: She doesn't ask questions. 19 You ask the questions. What is the question 20 pending? 21 BY MR. TEIN: 22 Q. 'hat is the last word on there in 23 the text of your message before the closing? 24 A. Niggaa. 25 Q. Don't you find that term offensive? • Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 4$ of aie EFTA00180379 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 47 of 100 nsor & Associates Roportins and Traescriptinn. Inc Page 21 1 BY MR. TEIN: 2 Q. Let me ask you, _did you in fact this deposition? 3 write your friend this message about 4 A. Yes. 5 Q. So you wrote your friend that this ect? 6 deposition is stupid court s-h-i-t, corr 7 A. Yes. id 8 Q. Because you think this deposition is stup 9 court s-h-i-t, don't you? 10 A. No. 11 O. You wrote that to your friend, didn't you? 12 A. Yes. 13 Q. You think that court is stupid, don't you? 14 A. In some cases. 15 Q. And you think that court is bull s-h-i-t, 16 don't you? 17 A. No. Q. And you think this deposition is bull 18 19 s-h-i-t, don't you? A. No. 20 21 Q. You wrote that to your friend, didn't you? MR. LEOPOLD: Objection. Asked and 22 23 answered. MR. TEIN: That's not an objection. 24 25 BY MR. TEIN: Ph. 561.682.0905 - Fax. 561.682.1771 33401 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 47 41314 EFTA00180380 Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page 49 of 100 nsor & Associates Roponing End Transoriptinn, Inc. Page 23 1 BY MR. TEIN: 2 Q. _you think that giving testimony 3 today, under oath, is bull s-h-i-t, don't you? 4 A. No. 5 Q. And you wrote that to your friend on 6 MySpace last week, didn't you? MR. LEOPOLD: Objection. Asked and 7 8 answered. 9 THE WITNESS: No, I did not. 10 BY MR. TEIN: 11 Q. You didn't write this exhibit? 12 A. I wrote that, but I didn't write what you 13 said. 14 Q. You wrote in this exhibit, "I got some stupid court s-h-i-t on the 20th. Bull s-h-i-t." Didn't 15 16 yot write that? 17 A. Yes. 18 Q. Referring to this deposition, didn't you? 19 A. Referring to the court. I was• later 20 informed that it was a deposition. 21 Q. I'm going to ask you some questions now 22 about what happened when you went to Jeff Epstein's house 23 three years ago. Okay? 24 A. Oh-huh. 25 Q. When the police interviewed you one month Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 49 of 316 EFTA00180381 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 51 of 100 nsor & Associates Ropnnins soul Tunictipcian, Inc. Page 25 1 A. Yes. 2 Q. Before you got to Epstein's house 3 never said anything to you on the telephone about sexual 4 activity with Epstein, did she? 5 A. No. 6 Q. And before you got to Epstein's house 7 never sent you a message over the Internet about 8 sexual activity with Epstein, did she? 9 A. No. - 10 Q. Did ever try to convince you to 11 engage in any sexual activity with Epstein? 12 A. No. 13 Q. Did every try to convince 14 you to engage in any sexual activity with Epstein? A. I don't know who is. 15 16 Q. Do you have a friend 17 A. No. 18 Q. Okay. Before you went so Epstein's house 19 did anyone call or e-mail you to induce you to engage in 20 sexual activity with Epstein? 21 A. No. 22 Q. So you're sure that before you got to 23 Epstein's house no one tried to persuade you to engage in 24 sexual activity with Jeffrey Epstein? 25 A. No. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 61 of 318 EFTA00180382 Case 9:08-cv-80804-KAM QpJ,n3 ent 1 Entered on FLSD Docket 07/21/2008 Page 53 of 100 nsor & Associates Rept-tromp and Transcript' no. lnc Page 27 1 MR. LEOPOLD: If you do it one more time, 2 we're leaving. 3 BY MR. TEIN: 4 Q. WI! MR. LEOPOLD: I'm going to make the record. 5 6 You cannot interrupt me when I'm making the 7 record. Out of professional conduct, you cannot 8 do that. I'm entitled to make the record. I made 9 an objection, asked and answered. Your demeanor 10 is inappropriate. You're willing and you are able 11 and you're responsible to ask a question in a 12 professional manner, and ask the question and once 13 you get the answer, to either follow up on it or 14 move on, but not continuously browbeat and ask the 15 same question over and over because you don't like 16 the answer. 17 MR. TEIN: Calm down, sir. 18 MR. LEOPOLD: Trust me, I'm very calm here. 19 When I'm not calm, you'll know it. I'm very calm. 20 So please continue on. But I will not 21 allow you to continue to harass her in the 22 demeanor that you're doing. Ask her a question 23 and move on. 24 MR. TEIN: Are you done? 25 MR. LEOPOLD: Thank you. i am. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 53 04 316 EFTA00180383 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 55 of 100 nsor & Associates Roaming and Transcription. Inc. Page 29 1 put up with it and I don't need to put up with it 2 and it's not appropriate. And I'm sure 3 Mr. Goldberger knows all this, because I know that 4 he wouldn't do this. So I will not put up with 5 it. And I think it's highly inappropriate to do 6 this with this child sitting here, the way you're 7 acting, primarily towards me, and I will not put 8 up with it. 9 MR. TEIN: Will you please stop your speech 10 so I can ask questions? 11 MR. LEOPOLD: So long as you act 12 professionally, I will do so. But if you continue 13 to do it this way, I will leave. 14 MR. TEIN: Suit yourself. 15 BY MR. TEIN: 16 Q. are you sure that before you got to 17 Epstein's house no one tried to persuade you to engage in 18 sexual activity with Epstein for money? 19 MR. LEOPOLD: Asked and answered. 20 Objection. 21 MR. TEIN: Did you get her answer? 22 THE COURT REPORTER: No, I did not. 23 THE WITNESS: I'm sure. 24 BY N.R. TEIN: 25 Q. Let me ask you a few questions about your Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180384 Case 9:08-cv-80804-KAM Dotment 1 Entered on FLSD Docket 07/21/2008 Page 57 of 100 nsor & Associates Reporting and Transtii rum. Inc. Page 31 1 A. No. 2 Q. All right. Let me ask you two final areas 3 of questioning about this and we'll move onto something 4 else. Okay? 5 A. Uh-huh. Yes. I'm sorry. 6 Q. Before you got to Epstein's did anyone 7 associated with Epstein ever call you on the phone and 8 try to persuade, induce, entice or coerce you to engage 9 in any sexual activity? 10 A. No. 11 Q. Before you got to Epstein's did anybody 12 associated with Epstein ever contact you on the Internet 13 and try to persuade, induce, entice or coerce you to 14 engage in any sexual activity? 15 A. No. 16 Q. IIIII who told you that when you got to 17 Jeff Epstein's house you should lie to Jeff about your 18 age? 19 A. 20 Q. Was it or was it the other girl in IIIIIIIIVAlli 21 the car who you rode over with to Epstein's house? 22 A. 23 Q. Who was the other girl in the car with you 24 that day? 25 A. I honestly don't know. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 57 01 715 EFTA00180385 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 59 of 100 nsor & Associates Roportinp. and Tranicripoon, Inc. Page 33 1 Q. When you first met Jeff he tried to find 2 out how old you were, right? 3 A. Not when we first introduced each other; 4 when we get upstairs, then, yes. 5 Q. During the massage Jeff asked you how old 6 you were, correct? 7 A. Yes, yes. 8 Q. Now hadn't you already told Jeff's 9 ass:.stant, the one who walked you upstairs, that you went 10 to college and had just moved down here from Ohio? 11 A. I never spoke to the lady. 12 Do you want to rethink that answer? 13 MR. LEOPOLD: Is that a question? 14 BY MR. TEIN: 15 R. Do you want to rethink that answer? 16 A. No. I didn't really speak with her that 17 much. 18 Q. Do you want to try to refresh your memory 19 on that? 20 MR. LEOPOLD: Do you have something to 21 refresh her memory with? 22 MR. TEIN: Do you want to stop making 23 speaking objections? 24 MR. LEOPOLD: No. But to refresh someone's 25 memory, you show them a document. Ph. 561.682.0905 - Fax. 561.682,1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 61a1316 EFTA00180386 Case 9:08-cv-80804-KAM entl tereclonFLSDOocket07/21/2008 Page 61 of 100 nsor Associates Reporting and Transoriptinn, Inr Page 35 1 Q. You can answer the question. 2 A. Sure. 3 Q• Is there anything that would refresh your 4 memory that in fact you told Mr. Epstein's assistant, the 5 one who walked you upstairs, that you went to college and 6 you had just moved down here from Ohio? 7 A. I don't remember saying that, but if you -- 8 I don't remember saying that myself, so -- 9 Q. That would be a lie, right? 10 A. No. I really don't remember. 11 Q. So you told Jeff that you were 18 years 12 old, correct? 13 A. Yes. 14 Q. Do you remember Detective Michelle Pagan of 15 the Police Department, Palm Beach Police Department? 16 A. Yes. 17 Q. Do you remember you spoke to her? 18 A. Yes. 19 Q. Do you remember that you told Detective 20 Pagan that when you lied about your age to Jeff you said 21 it really fast because you didn't want to make it sound 22 like you were lying? 23 A. I don't remember the words exactly, but I 24 do remember telling her I told him I was 18. 25 Q. And do you remember telling Detective Pagan Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 61 of 016 EFTA00180387 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 63 of 100 nsor & Associates Reportuip. boil Transorivion. Page 37 1 BY MR. TEIN: 2 Q. Let me put it again. 3 Does it sound right to you that you told 4 Detective Pagan that when you lied about your age to 5 Jeffrey Epstein, you said it really fast because you 6 didn't want to make it sound like you were lying? 7 MR. LEOPOLD: Objection. Lack of 8 foundation, asked and answered. 9 THE WITNESS: I could have possibly said 10 that, yes. 11 BY MR. TEIN: 12 Q. You didn't want Mr. Epstein to know that 13 you were lying about your age, right? 14 A. Correct. 15 Q. You didn't want Mr. Epstein to know that 16 you were not 18 yet, right? 17 A. Correct. 18 Q. You wanted Mr. Epstein to believe that you 19 really were 18, right? 20 A. Correct. 21 Q. Do you remember when Mr. Epstein asked 22 where you went to school? 23 A. Yes. 24 Q. And you told Mr. Epstein you went to 25 Wellington, right? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 63of 616 EFTA00180388 Case 9:08-cv-80804-KAM oD c ment n 1 Entered on FLSD Docket 07/21/2008 Page 65 of 100 sor & Associates Reporting hagl "[FantodO0T. Inc. Page 39 that would do that to a witnesses or to a person 2 that's sitting in this chair is not acting 3 professionally. You can't ask a question like 4 that. You can do it, but it's not proper. And 5 I'm sure you weren't trained that way, certainly 6 not ethically. 7 MR. TEIN: Will you stop? 6 MR. LEOPOLD: I'm not going to stop, 9 because the way you're asking that question is 10 improper and you know it. 11 MR. TEIN: You're losing your cool. 12 BY MR. TEIN: 13 Q. Ms. .= 14 MR. LEOPOLD: Trust me. I'm very calm. 15 When I lose my cool, you'll know it. 16 MR. TEIN: I do know it. 17 BY MR. TEIN: 18 Q. Ms. IIIIIII/ Mr. Epstein never asked you 19 to do anything other than massage him, correct? 20 A. Incorrect; because he asked me to take off 21 my bra, so that would be two things he's asked me to do. 22 Q. Other than asking you to take your bra off, 23 Mr. Epstein never asked you to do anything with him other 24 than massage, correct? 25 MR. LEOPOLD: Objection. Foundation, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 fl5 o1311 EFTA00180389 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 67 of 100 nsor & Associates Hopefuls mil Intnioriptinn, Inc. Page 41 1 Q. You told the police twice when you spoke to Michelle Pagan that "at no time did he touch me." Didn't 2 3 you say that to the police? 4 A. Yeah. 5 Q. And you're saying that that was not fully 6 truthful. Is that what you're saying now? 7 A. Correct. 8 Q. And you're saying if you're not fully 9 truthful, that's not a lie. Correct? 10 A. You took that out of context like really 11 bad. I didn't mean like that. Touching my legs and 12 he never kept his hands to himself the entire time. 13 That's what I'm trying to say. 14 Q. You told the police, "At no times did he 15 touch me." You agree with that, correct? 16 A. No, I don't agree with that, because he did 17 touch me. 18 Q. Did you tell the police that he did not 19 tout') you, yes or no? 20 A. It's a possibility, but I do not remember. 21 Q. Okay. And you did not have any type of sex 22 with Jeff, correct? 23 A. No. 24 Q. And you did not have any type of oral sex 25 with Jeff, correct? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 07 of 310 EFTA00180390 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 69 of 100 nsor & Associates Rep/mina ant Transc iiptunn, inc. Page 43 1 things, but it wasn't joking about it at all. 2 Q. You joked about it, didn't you? 3 A. No. 4 Q. You said to that if you did this 5 every weekend you'd be rich, didn't you? 6 A. No. That's what Lold me. 7 Q. You didn't tell that to lip 8 MR. LEOPOLD: Objection. Asked and 9 answered. 10 THE WITNESS: No. 11 BY MR. TEIN: 12 Q. After you left Epstein's house you took the 13 money and you went shopping with IIIIIIrand the other 14 girl in the car, correct? 15 A. Incorrect. I didn't spend any of the 16 money. 1 Q. You went to Marshall's, didn't you? 18 A. I went along, yes, but I didn't -- 19 Q. You went shopping with them at Marshall's, 20 didn't you? 21 MR. LEOPOLD: Objection. 22 THE WITNESS: I guess you could say that. 23 MR. LEOPOLD: Objection. Lack of predicate 24 and foundation. Mischaracterization of earlier 25 testimony. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 119.1311 EFTA00180391 Case 9:08-cv-80804-KAM ent 1 EnteredonFLSODocket07/21/2008 Page 71 of 100 nsor & Associates Repaning and Topic iipti rm, Inc. Page 45 1 A. It was not this year, no. 2 Q. Was it 2007? or a 3 A. I'd have to say at least two years ago a 4 year ago, yeah. So it would be 2007, 2006; but it was 5 while ago. ts 6 Q. How many federal prosecutors or FBI agen 7 came to your house? A. I'm trying to remember. I want to say four 8 9 people came. 10 Q. Did they give you their business cards? 11 A. If they did, I don't remember, and they Maybe my parents have them. I don't 12 weren't toward me. 13 know. ers? 14 Q. Did they give you their cell phone numb 15 A. No. 16 Q. Did you ever speak to them on their cell 17 phones? 18 A. No, sir. 19 Q. Did they speak to your parents? 20 A. That's something you'd have to ask my 21 parents. 22 Q. Do you know whether they spoke to your 23 parent's? 24 A. No, sir. 25 Q. You have no idea? Ph. 561.682.0905 - Fax. 561.682.1771 FL 33401 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, 71 of 310 EFTA00180392 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 73 of 100 nsor & Associates Roponin and Traniciiption. Inc. Page 47 1 fashion, you may answer. 2 THE WITNESS: Okay. 3 I wouldn't know. 4 BY MR. TEIN: 5 Q. You don't know? 6 A. No. 7 MR. LEOPOLD: Objection. Foundation. 8 Attorney/client privilege. 9 BY MR. TEIN: 10 Q. And you say you don't know who 11 is? 12 A. No, sir. 13 Q. Does it refresh your recollection that he's 14 15 A. No. O. That he's boss? 16 17 A. No. 18 Q. Does it refresh your memory that he's the 19 ex-partner of Jeff Herman, the first lawyer who sued 20 you -- sued Mr. Epstein on your behalf for fifty million • 21 dollars? 22 A. No, sir. I don't know who he is. 23 Q. Without telling me any conversations that you've had with your lawyers, how is it that you selected 25 Mr. Herman as your lawyer from the 81,000 members of the Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 T3 of 316 EFTA00180393 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 75 of 100 nsor & Associates \ Reporting and Transcriponn, Inc. Page 49 1 Mr. Herman in the presence of IMO" 2 A. None. 3 Q. What discussions did you have in the 4 presence of her aunt? 5 A. Of my aunt? 6 MR. GOLDBERGER: It's the witness's aunt. 7 BY MR. TEIN: 8 Q. Oh, of your aunt. 9 A. The only one that we've ever discussed or 10 ever had. 11 Q. And so you were in a conversation with 12 Mr. Herman and your aunt? 13 A. Yes, sir. 14 Q. And you discussed privileged matters during 15 that conversation? 16 MR. LEOPOLD: Object to the form. I think 17 you might have to educate her on that question. 18 BY MR. TEIN: 19 Q. You discussed the lawsuit? 20 A. Yes. 21 Q. Did IMO tell you about any 22 conversations that she had with Mr. Herman? 23 A. As far as I'm concerned, she's never spoken 24 or she's never had a conversation. She only opened the 25 door and then left. She's the one who answered the door. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 74 of 311 EFTA00180394 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 77 of 100 nsor & Associates Ropartins and Transoription, Inc. Page 51 1 A. No. 2 Q. And we've learned that many of the girls, 3 some of whom are as old as 23, were told by the 4 government that they would get money at the end of the 5 criminal prosecution. Does that sound familiar to you?' 6 A. No, sir. 7 Q. Other than Mr. Leopold here -- I'm not 8 asking about Mr. Herman either -- 9 A. Uh-huh. 10 Q. -- did anyone ever discuss with you that 11 you could get reimbursement for your damages? 12 A. No, sir. 13 Q. Did you or any member 14 MR. LEOPOLD: Are you referring to a 15 criminal matter or a civil matter? 16 BY MR. TEIN: 17 Q. Did you or any member -- 18 MR. LEOPOLD: Excuse me. Let me object to 19 the form of the question. 20 BY MR. TEIN: 21 Q. Did you or any member of your family ever 22 get a victim notification letter from anyone? 23 A. I no longer live at that residence and I 24 wouldn't know. 25 Q. So your testimony is that you have never Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 in of on EFTA00180395 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 79 of 100 nsor & Associates Roaming and TranscsiSiOll, Jac. Page 53 1 it back at the end of the meeting? They -- yeah. No. They have it. I'm 2 A. No. 3 guessing. I don't have it. out of 4 Q. How much money are you hoping to get 5 Mr. Epstein? MR. LEOPOLD: Objection to the form of the 6 question. Attorney/client privilege. 7 8 BY MR. TEIN: 9 Q. How much money are you hoping to get, you, ein? 10 yourself, hoping to get out of Epst MR. LEOPOLD: Same. Same objection, 11 12 attorney/client privilege. Don't answer the question. 13 14 BY MR. TEIN: 15 Q. I'm not asking about what your lawyer told 16 you. MR. LEOPOLD: I'm instructing her not to 17 e 18 answer the question, because any of thos 19 conversations involve her counsel. MR. TEIN: Certify that. 20 MR. LEOPOLD: Please. 21 CERTIFIED QUESTION 22 23 BY MR. TEIN: Q. Now, you lied to get out of this 24 25 deposition, didn't you? • .. •••••• •I•• Ph. 561.682.0905 - Fax. 561.682.1771 33401 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL TO of 315 EFTA00180396 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 81 of 100 nsor & Associates Roporrins and Transctipa no). Inc. Page 55 1 CERTIFIED QUESTION 2 BY MR. TEIN: 3 Q. You asked your co-workers -- 4 MR. LEOPOLD: it's vague and ambiguous. 5 BY MR. TEIN: 6 Q. You asked your co-workers at the 7 Quarterdeck Tavern to lie for you, didn't you? 8 A. No. I informed my boss about what was 9 going on and he told me that he would help in any way 10 that he can. 11 Q. Okay. You got your friend to lie 12 by switching name tags with you, correct? 13 A. Incorrect. It was a coincidence that same 14 night she was not wearing her name tag; she was wearing 15 mine. But I was also not wearing -- I was wearing my 16 name tag. Everyone switches name tags. It just so 17 happens it was a coincidence that same night the people 18 came with the papers. 19 MR. TEIN: Will you put up Exhibit 18-001? 20 MR. GOLDBERGER: And mark 18-001 for 21 identification purposes to this deposition. 22 MR. LEOPOLD: None of them have been marked 23 yet. Can we mark them and put them as attachment 24 to the depositions? Because I think you've shown 25 three photos now. And this is the only one that ,,,,, .•••.., •...- ..•••• Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 ill of 316 EFTA00180397 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 83 of 100 nso r & Ass iption, ociates loc. Ropromna owl Transcr Page 57 1 A. Yes. Q. your friend, who you say the day 2 e you with a 3 that the process servers went to serv ned -- just by 4 subpoena for this deposition, just happe 5 coincidence, was wearing your name tag? 6 A. Yes, sir. 7 Q. And just by coincidence, you were wearing 8 her name tag, correct? 9 A. Yes. a 10 Q. Your testimony under oath is that's just 11 coincidence, right? 12 A. Total honesty. were 13 Q. It just happens to be the day that you ect? 14 going to be served with a subpoena, corr 15 A. That wasn't the first day that -- MR. LEOPOLD: just answer the 16 question. It calls for a yes or no. 17 THE WITNESS: Yes. 18 19 BY MR. TEIN: 20 Q. You said that wasn't the first day you were served with a 21 going to be -- you thought you were being 22 subpoena, correct? 23 A. Correct. 24 Q. You knew before the day that you switched name tags with that the process servers were 25 Ph. 561.682.0905 - Fax. 561.682.1771 33401 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL II3 o 316 EFTA00180398 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 85 of 100 nso r & Associates kopnrung and Transcription, lnc Page 59 MR. LEOPOLD: I'll certify it. 1 CERTIFIED QUESTION 2 She's answered that question. She's explained it five 3 the tines already. The fact that Counsel doesn't like 4 . 5 answer, that's a different query MR. TEIN: Stop making speaking objections. 6 MR. LEOPOLD: I'm not. I'm not going to 7 in appropriate, Jack, 8 put up with it, because it's and you know it. I will not allow Counsel to 9 a criminal case 10 berate a witness, whether it's in t or -- 11 or a civil case, whether my clien MR. TEIN: Calm down. 12 MR. LEOPOLD: Excuse me. 13 No, I'm not going to allow it. That is not 14 15 proper. MR. GOLDBERGER: Okay. 16 MR. LEOPOLD: If he wants to say that she's 17 her 18 lying after asking it five times and do that. But 19 explaining in great detail, he can nor be 20 I'm not going to allow her to answer, harassed by him. It's improper. 21 MR. GOLDBERGER: Okay. But your response 22 ion -- or 23 that Counsel doesn't like the quest me finish. 24 doesn't like the answer -- just let MR. LEOPOLD: Absolutely. I wasn't going 25 Ph. 561.682.0905 - Fax. 561.682.1771 , FL 33401 05 aril* 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach EFTA00180399 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 87 of 100 ns or &MtnAsso ciates Inc. • !ippon. ng Page 61 that MR. LEOPOLD: This is really big stuff 1 you're going through. But that's fine; just ask 2 But do it one time. 3 your question and move on. let you follow 4 If you don't understand it, ow you to ask the same 5 up, but I'm not going to all then call her a liar. 6 question time and again and get the answer and move to 7 Just ask the question, 8 the next subject matter. MR. TEIN: Ted, I'm sitting right across 9 10 the table from you. MR. LEOPOLD: Yes, sir. 11 Please be quiet. Don't yell. MR. TEIN: 12 MR. LEOPOLD: I will not be quiet. 13 MR. TEIN: Stop yelling. 14 MR. LEOPOLD: Lewis, when I'm yelling 15 you'll know it. I will not 16 MR. TEIN: My name is not Lewis. 17 MR. LEOPOLD: I thought your first name was 18 19 Lewis, Mr. Tein. s at MR. TEIN: You watched me for three day 20 re you sat in the back 21 the evidentiary hearing whe uld know who I am. 22 of the courtroom. You sho the impression MR. LEOPOLD: Well, that's 23 courtroom. 24 you must have made in the I will not be quiet. 25 .1771 Ph. 561.682.0905 - Fax. 561.682 Suite 500 - West Palm Beach, FL 33401 1655 Palm Beach Lakes Blvd., EFTA00180400 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 89 of 100 lOk nsor & Associates Reporting and Transcriptina, Page 63 1 Q. Where were you when IIIIIIptold this 2 soreone that you were not at the Quarterdeck Tavern? 3 A. Eating nachos. 4 Q. At the Quarterdeck Tavern? 5 A. Yes. 6 Q. What did you do so that IIIIIIPwould lie to 7 the process servers for you? 8 A. Nothing. 9 Q. You just got him to lie for you, didn't 10 you? 11 A. No. I had no influence on him saying I 12 wasn't there. 13 Q. Be took that upon himself? 14 Isn't it true that Mr. Epstein's process 15 servers had to ask the police to get you out of the 16 restaurant so that they could serve you? MR. LEOPOLD: Objection. Lack of 17 18 foundation, predicate. 19 BY MR. TEIN: 20 Q. You can answer the question. MR. LEOPOLD: If you know. Don't guess. 21 THE WITNESS: No. Can you repeat the 22 23 question? 24 MR. TEIN: Don't coach. 25 MR. LEOPOLD: Don't guess. Ph. 561.682,0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 99 of 319 EFTA00180401 Case 9:08-cv-80804-KAM Doc ment 1 Entered on FLSD Docket 07/21/2008 Page 91 of 100 nsor & Associates Rationing and Transotiption, Inc. Page 65 1 Q. When did you delete your MySpace page? 2 A. A couple days ago. 3 Q. Who told you to take your MySpace page down 4 a couple of days ago? 5 A. Nobody. I'm sick and tired of MySpace. 6 Q. You all of a sudden got sick and tired of 7 MySpace and just a few days before this deposition you 8 decided to delete your MySpace page, correct? 9 A. Correct. 10 Q. Is that your testimony under oath? 11 A. Yes. 12 Q. Did you take your MySpace page down because 13 you thought the government might subpoena it? 14 A. Incorrect. 15 Q. Hadn't your MySpace page been up for over 16 three months before you took it down? 17 A. Correct. But I also had made tons of 18 MySpaces over the last years. I just get tired of them 19 and delete them because -- drama -- and make new ones. 20 Q. We're going to talk about that. 21 So you deleted your MySpace page after you 22 were already under subpoena for this deposition, correct? 23 A. Correct. 24 Q. What about the MySpace page didn't you want 25 us to see, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 II of 310 EFTA00180402 Case 9:08-cv-80804-KAM DQcpfpent 1 Entered on FLSD Docket 07/21/2008 Page 93 of 100 nsor & Associates Repartina and Transcription, Jac. Page 67 1 Q. And where is the one body piercing? 2 A. Belly. 3 Q. When did you get that? 4 A. For my birthday, with my stepmother and my 5 father. 6 Q. And when was that? 7 A. When I was 14. 8 Q. Okay. So you had that body piercing when 9 you met Epstein, correct? 10 A. It might have been, or maybe that yeah, 11 either my 14th birthday or my 15th. I honestly don't 12 remember. 13 Q. Now you've lied about your age to get into 14 bars by using driver's licenses that aren't yours, 15 correct? 16 A. Incorrect. 17 Q. Are you swearing under oath that you've 18 never done that? 19 A. Yes, I swear under oath. 20 Q. And you've lied about your age to buy beer, 21 correct? 22 A. Incorrect. L3 Q. You're swearing under oath that you've 24 never lied to stores about your age? 25 A. I've never lied to a store about my age or Ph. 561.682.0905 - Fax. 561.682.1771 1655 Pan Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 amore EFTA00180403 Case 9:08-cv-80804-KAM D 0 ument 1 Entered on FLSD Docket 07/21/2008 Page 95 of 100 nsor & Associates Kcponinp mid Trance ri plum, Inc. Page 69 1 Q. Now you can explain your answer. 2 A. I know that I have seen all of these and I 3 know that this one is mine. 4 Can you go down? 5 MR. LEOPOLD: Just for the record, you're 6 pointing to the photo. 7 THE WITNESS: I'm pointing to -- 8 BY MR. TEIN: 9 Q. You're pointing to the one where it says 10 your age is 18? 13. A. Correct. 12 Q. That's yours, right? 13 A. Correct. That's mine from a couple years 14 ago that I have not been on, because I don't use that. 15 Please keep going down, please. And I think that's it, 16 because there's no one -- just that one is mine. 17 Q. So the one you pointed to where it says 18 your age is 18, that's yours, correct? 19 A. Correct. 20 Q. And when you wrote 18 as your age on your 21 MySpace page, that was a lie, wasn't it? 22 A. Correct. 23 Q. Did you lie about your MySpace page back 24 then because you couldn't post on MySpace unless you were 25 18? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 95 al 316 EFTA00180404 Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page 97 of 100 %nsor & Associates Roparmist and Transcription, Page 71 1 THE WITNESS: I don't know which MySpace 2 you're talking about. 3 BY MR. TEIN: Q. The MySpace page that you're just pointing 5 to, where it says you were 18. 6 A. Yes. 7 Q. And you were lying about your age, right? 8 A. Uh-huh. 9 Q. Why did you finally post your true age on 10 your MySpace profile -- 11 A. Uh -- 12 0. -- four days before you were scheduled to 13 testify before the Grand Jury? 14 A. I honestly don't know which MySpace, 15 because I've had like a bazillion MySpaces, and in that 16 year, I had two, that one and another one, and that one's 17 been deleted. So I don't know which one you're referring 18 to. 19 Q. You remember that you changed your age on 20 your MySpace page from 18 to your true age just four days 21 before you went and testified in the Grand Jury? 22 A. No. 23 Q. You don't remember that. 24 A. No. 25 Q. Do you remember Detective Recarey? Did you Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 97 94 310 EFTA00180405 Case 9:08-cv-80804-KAM Dgcrpent 1 Entered on FLSD Docket 07/21/2008 Page 99 of 100 risor & Associates Ropaneng and Transctiplinn, Inc. Page 73 1 THE WITNESS: No. I'm pretty sure my dad 2 drove me, because he was there with me. 3 BY MR. TEIN: 4 Q. Did any detective tell you to change your 5 age on your MySpace page, to put your true age? 6 A. No, sir. 7 Q. Now you also lied on your MySpace page 8 about your income, didn't you? 9 A. Yes. 10 Q. And you lied, saying that you made a 11 quarter million dollars a year and higher, correct? 12 A. As a joke, yes. 13 Q. That was a lie, wasn't it? 14 A. Yes. 15 Q. And you also lied on your MySpace page, 16 saying that you were married, didn't you? 17 A. Possibly. And that might have been an 18 error on my part. 19 Q. Now you also lie to the police, don't you? 20 A. No. 21 Q. Well, you lied to the police in your 22 tape-recorded statement that you gave to Detective 23 Michelle Pagan three years ago, didn't you? 24 A. To my knowledge, no, I did not. 25 Q. Well, you lied to the police when you Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 99 91310 EFTA00180406 Case 9:08-cv-80804-KAM Document 1 FIP6040y1 0O1$00 D.C. Entered on FLSD Docket 07/21/2008 ELECT tic July 18, 2008 UNITED STATES DISTRICT COURT STEVEN M. LARIMORE CLERK U.S. GIST. CT. SOUTHERN DISTRICT OF FLORIDA S.D. OF FLA. • MIAMI 08-80804-Civ-MARRA/JOHNSON CASE NO.: JANE DOE, a/k/a JANE DOE N1, Plaintiff, Vs. JEFFREY EPSTEIN and Defendants. NOTICE OF REMOVAL In accordance with 28 U.S.C. §§ 1441, 1446, and 1332(a)(1), the defendants, Jeffrey Epstein, , and hereby remove this action) from Palm Beach County Circuit Court to the United States District Court for the Southern District of Florida, and respectfully state as follows: Introduction Six months ago, this plaintiff filed virtually the identical lawsuit in this Court. See Jane Doe #1 v. Epstein, Case No. 08-cv-80069-KAM (S.D. Fla. filed Doe v. Epstein et at, Case No. 50 2008 CA 006596 XXXX MB (Fla. 15th Cir. Ct. filed Mar. 6, 2008). Lewis 'Fein PI. 3059 GuADAvinui. Surf 340,ECcONLIT Glow, Ft0INDA 3311) I ol 316 EFTA00180407 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 2 of 100 Jan. 24, 2008) (the "First Federal Action"). The First Federal Action named Jeffrey Epstein as the sole tortfeasor, made the identical operative allegations as the instant Amended Complaint, and demanded damages of $50 million. (The amount of the demand against Epstein is evidently the product of recent reports in the press that Epstein is wealthy.) The First Federal Action was quickly followed by a series of substantially identical "Jane Doe" lawsuits, all filed by the same attorney in a three-month span. Compare Jane Doe #1 v. Epstein, Case No. 08-cv-80069-KAM (S.D. Fla. filed Jan. 24, 2008), with Jane Doe #2 v. Epstein, No. 08-CV-80119-KAM (S.D. Fla. filed Feb. 6, 2008) (asserting identical causes of action based on the same operative allegations), Jane Doe 113 v. Epstein, No. 08-CV-80232-KAM (S.D. Fla. filed Mar. 5, 2008) (same), Jane Doe #4I. Epstein, No. 08-CV-80380-KAM (S.D. Fla. filed Apr. 14, 2008) (same), and Jane Doe #5 v. Epstein, No. 08-80381-CV-KAM (S.D. Fla. filed Apr. 14. 2008) (same). On February 20, amid these filings, Jane Doe #1 was deposed in State of Florida v. Jeffrey Epstein, 502006CF009454AXXXMB (Fla. 15th Cir. Ct., filed Jul. 19, 2006), a parallel state-court criminal action. During that deposition, she made numerous admissions that completely undermined the allegations against Epstein that she had pled in her complaint. A copy of her deposition, with names 2 Lewis . „.. "rein 3059 Gnaw AVON,. Sun 340. Cocoon', ICO3DA 33133 3 o4315 EFTA00180408 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 3 of 100 redacted, is attached hereto (Exhibit A). Two days later, counsel for Jane Doe # I filed a notice of voluntary dismissal without prejudice in the First Federal Action. See Doe #1 v. Epstein, Case No. 08-CV-80069-KAM, DE 9. Two weeks later (March 6, 2008), having changed lawyers, Jane Doe #1 refiled her complaint in Florida Circuit Court as the instant case, adding two nominal defendants: Mr= Mr. Epstein's personal secretary, and MI one of Jane Doe #1's contemporaries. These defendants have nothing to do with the plaintiff's case against Mr. Epstein, except that the presence of Ell MIE as a defendant in this new case, because she is a citizen of Florida (Am. Compl. ¶ 4), would ostensibly prevent complete diversity? As discussed below, however, was named in the refiled lawsuit only to destroy diversity jurisdiction, and to prevent any application of 18 U.S.C. § 3509(k), a mandatory stay provision applicable in federal court .3 Haley 2 Defendant Kellen is a citizen of New York (Am. Compl. ¶ 5), and is therefore a nonresident defendant for purposes of diversity jurisdiction and removal. 3 Section 3509(k) of Title 18, United States Code, provides as follows: If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court. 3 LewisTein 3059 GA00•3AvoN1, 3031340, 600:00.rt 64064, 10:0100 33133 301316 EFTA00180409 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 4 of 100 Robson, besides having nothing to do with the substantive allegations of the plaintiff's $50,000,000 case, is a community-college student with no assets whatever. Even if this case purports to identify a new (and strategically nondiverse) tonfeasor, the refiled lawsuit is still directed against only one defendant—Jeffrey Epstein. Then and now, the operative allegations are the same: Jane Doe alleges that Jeffrey Epstein assaulted her "in violation of Chapter 800 of the Florida Statutes."4 (Am. Compl. ¶ 18.) To sharpen her lawsuit, the plaintiff says she is seeking damages in connection with a "conspiracy" (Am. Compl. ¶ 22), a "plan" (Am. Compl. ¶ 32), a "scheme" (Am. Compl. ¶ 32), and an "enterprise" (Am. Compl. ¶ 32), These theories of liability, however, cannot be supported by the allegations in the Amended Complaint. Even if everything in the Amended Complaint were true, recovery against , under any formulation, is impossible under Florida law. Focusing on the real parties to this controversy, the instant case could have (once again) been brought here in federal court—just like the four other "Jane 18 U.S.C. § 3509(k) (emphasis added). 4 Chapter 800, Florida Statutes, is entitled, "Lewdness; Indecent Exposure." 4 Lewis 'flint., 3059 Gum Amax, Suitt 340,000:Om Gam.F10910133133 6e1316 EFTA00180410 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 5 of 100 Doe" lawsuits presently pending against Epstein, filed by this plaintiff's former lawyer. This case is properly removed to federal court, first, because there is complete diversity among the real parties-in-interest, second, because the amount in controversy exceeds $75,000, and third, because this Notice complies with the requirements of 28 U.S.C. § 1446. Discussion A. This case is properly removable because it falls within the original jurisdiction of the United States District Court for the Southern District of Florida. A state-court case is properly removable when "it could have been brought, originally, in a federal district court." Lincoln Prop. Co. v. Roche, 546 U.S. 81, 83 (2005) (citing 28 U.S.C. § 1441(a)). This case was originally filed in federal district court, and it is the same case today. Even though it was reconfigured to look like a state-court lawsuit, this action falls squarely within the bounds of the diversity-jurisdiction statute. See 28 U.S.C. § 1332(a)(1) (establishing that federal district courts have original jurisdiction over cases where the amount in controversy [is more than $75,0001 . . and [when the controversy] is between citizens of different states"). 5 Lev/MTr n 3059 G4ANDAVINI/f. Sun( 340,Cocoisui GMovl, Roues 33133 0131. EFTA00180411 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 6 of 100 I. The amount in controversy in this action exceeds $75,000. This case is a duplicate of the First Federal Lawsuit. In that case, Jane Doe pled "damages in excess of $50 million." See Doe v. Epstein, No. 08-80069-KAM (S.D. Fla. filed Jan. 24, 2008) (Compl. ¶ 6). That allegation is now deleted and the Amended Complaint substitutes a generic prayer for relief.5 It is clear, however, that Jane Doe still seeks more than $75,000 in damages. This case, precisely like the First Federal Action, seeks damages in connection with an alleged assault. (Am. Compl. ¶¶ 16-19.) The Amended Complaint alleges that Jane Doe "has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological, and emotional damages." (Am. Compl. ¶ 19.) These are the identical injuries Jane Doe asserted in the First Federal Action, and are no less serious simply because pled under a state-court caption. Cf., e.g., Woods v. Southwest Airlines, Co., 523 F. Supp. 2d 812, 820 (N.D. III. 2007) (determining, in the context of diversity jurisdiction, that the $75,000 threshold had been satisfied, and "clearly [surpassed]," based on "the nature of the injuries alleged" in the complaint). 5 The Complaint seeks damages for "[more than] . . . $15,000." (Am. Compl. ¶ 6.) This boilerplate is routinely used in Florida pleading practice to trigger application of section 26.012, Florida Statutes, the statute that establishes the jurisdictional amount required for filing in Florida's Circuit Court (as opposed to County Court). 6 Lewis "Fein in. 3059 Giaw0Avtieut,Sunt 340,Cocomn GEM% FM1:433133 I of 311 EFTA00180412 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 7 of 100 To cement this point, the Eleventh Circuit Court of Appeals has said that "Ewlhen [a] complaint does not claim a specific amount of damages, removal from state court is proper if it is facially apparent from the complaint that the amount in controversy exceeds the jurisdictional requirement." Williams v. Best Buy Co., Inc., 269 F.3d 1316, 1319 (1 1 th Cir. 2001). This case meets that standard, and satisfies the first prong of diversity jurisdiction. 2. There is complete diversity among the real parties to this controversy. Diversity jurisdiction requires complete diversity. Carden v. Arkoma Assocs., 494 U.S. 185, 187 (1990) ("Since its enactment, we have interpreted the diversity statute to require `complete diversity' of citizenship." (citing Strawbridge V. Curtiss, 7 U.S. (3 Cranch) 267, 267-68 (1806))). See also MacGinnitie v. Hobbs Group, LLC, 420 F.3d 1234, 1239 (11th Cir. 2005) (stating that "[c]omplete diversity requires that no defendant in a diversity action be a citizen of the same state as any plaintiff"). As demonstrated below, this case satisfies the statutory requirement of complete diversity. (a) Plaintiff Jane Doe is a citizen of Florida. (Am, Compl. ¶ 1.) 6 'Jane Doe may, in fact, be a citizen of Georgia, not Florida, as she pled in her Amended Complaint. See New York Post, Jul. 1, 2008 (reporting that "On his way into court [for his state-court guilty plea on June 30], Epstein was served with a copy of a lawsuit by Doe, who has since moved to another state."); Jane Doc Depo. at 77, 112 (indicating that 7 tiewia 3059 Gsmo AWPM, Sum 140, Cocoreut Glow,riots 33133 7 of 316 EFTA00180413 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 8 of 100 (b) Defendant Jeffrey Epstein is a citizen of the U.S. Virgin Islands,' (c) Defendant is a citizen of New York. (Am. Compl. ¶ 5.) 3. Defendant was fraudulently joined to defeat diversity. "A non-diverse defendant who is fraudulently joined does not defeat diversity because his citizenship is excluded from the diversity calculus." Shenkar v. Money Warehouse, Inc., No. 07-20634-CIV, 2007 WL 3023531, at *1 (S.D. Fla. her twin sister lives with her mother in Georgia); Affidavit ofine, at ¶ I (stating, "I am the mother and natural guardian for Jane Doe b I" with jurat executed in Georgia before a Georgia notary), DE 4-2, Jane Doe No. I v. Epstein, Case No. 08- 80069-Civ-Marra (1/29/08); Intervenor's Complaint, at ¶ 2 (filed by "Jane Doe's Mother" and stating that "Jane Doe's Mother is a citizen and resident of the State of Georgia."), DE 5-2, Jane Doe No. I v. Epstein, Case No. 08-80069-Civ-Marra (1/29/08); Petition for Removal of Disability of Non-Age, at ¶¶ I, 2, 7 (filed "on behalf of S.D.G.," alleging that "The mother is , and her address is .... Ga.," and stating that "S.D.G. is also t e unnamed party in a lawsuit filed by her father on her behalf in the U.S. District Court for the Southern District of Florida, Case No. 08-80069, which was filed without the consent of the mother"), In re Sandberg v. Gonzalez Case No. 50 2008 DR 001141 (Palm Beach Co. Family Ct.) (1/31/08). If this turns out to be the case, there is complete diversity, regardless ofillin citizenship. Although the Eleventh Circuit has recently indicated that a district court may not conduct jurisdictional discovery under such circumstances, another division of this Court has since allowed it. Compare Lowery v. Ala. Power Co., 483 F.3d 1184, 1215-16, 1221 (11th Cir. 2007) (holding that jurisdictional discovery to determine citizenship upon removal is inappropriate), with Calixto v. BASF Constr. Chemicals, LLC, slip op., Case No. 07-60077-CIV-ZLOCH, 2008 WL 1840717, *1 (S.D. Fla. Apr. 22, 2008) (ordering that parties "shall engage in jurisdictional discovery for the Court to determine the citizenship of BASF and whether it has subject-matter jurisdiction over this action"). ' The Amended Complaint erroneously states that Jeffrey Epstein is a citizen of New York. 8 Lewis Tsinn. 3059 GumMimic Sum 140, Cocoon Glow, Mow 33133 I of 316 EFTA00180414 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 9 of 100 Oct. 15, 2007) (Moreno, J.) (citing Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 292 F.3d 1334, 1337 (11th Cir. 2002)); accord, e.g., Tedder v. F.M.C. Corp., 590 F.2d 1 15, 117 (5th Cir. 1979) (denying motion to remand where two resident defendants were joined for the fraudulent purpose of defeating federal jurisdiction). In this case, the plaintiff relies on her original allegations to support three causes of action against : civil conspiracy (Am. Compl. ¶¶ 20-23); Intentional Infliction of Emotional Distress (Am. Compl. ¶¶ 23-28); and civil RICO (Am. Compl. ¶¶ 29-34). These allegations, however, do not support these claims, or any other theory of liability that would allow recovery against . Cf. Parks v. The New York Times Co., 308 F.2d 474, 477 (5th Cir. 1962) (observing that "determination of fraudulent joinder is to be based on whether there was a real intention on colorable grounds to procure a joint judgment") (emphasis added).8 (a)Nonresident defendants have a right of removal. The removal statute was enacted specifically "to protect defendants." Legg v. Wyeth, 428 F.3d 1317, 1325 (11th Cir. 2005). Cf., e.g., Picquet v. Amoco Prod. Co., 513 F. Supp. 938, 941 (M.D. La. 1981) (explaining that courts developed the fraudulent-joinder doctrine to protect "the right [of removal] granted to 8 In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en bane), the Eleventh Circuit Court of Appeals adopted as binding precedent all decisions of the former Fifth Circuit rendered prior to October 1, 1981. 9 LeNyiA,Tyin 3059 GPM° AVTOPX. Swig 340, COCOINI 69091,halm 33133 9 91310 EFTA00180415 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 10 of 100 [defendants] by . . . Congress"). In this case, by reconstituting her original federal lawsuit and refiling it in state Court, the plaintiff has clearly sought to avoid the strictures of the mandatory stay of this case that federal law requires under 18 U.S.C. § 3509(k).9 In federal court, pursuant to 18 U.S.C. § 3509(k), this action must be automatically stayed pending final disposition of an ongoing parallel criminal action against Mr. Epstein. See 18 U.S.C. § 3509(k) (providing that a parallel civil By filing in state court, the plaintiff's attorney has also evidently sought to avoid the clear command of our local rules forbidding public comment about the merits of a pending lawsuit. Compare S.D. Fla. Local Rule 77.2(7) ("A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and which relates to (a) Evidence regarding the occurrence or transaction involved. (b) The character ... of a party . . . . (d) The lawyer's opinion as to the merits of the claims . . . •"), with Ricci—Leopold Home Page, http:// www.riccilaw.com (click on "Breaking News," then access the hyperlink entitled, 03/13/08 - Consumer Justice Attorney Ted Leopold Files Case to aid Jane Doe in seeking justice against sexual predator Jeffrey Epstein and his associates. ) (describing character of party defendant Epstein as a "sexual predator" (a term defined by Florida criminal statutes) and quoting the plaintiff's attorney "Ted Leopold, managing partner" as characterizing Epstein as "an extremely powerful and wealthy man," with "vast resources," who acted "in the vilest way" at his "lavish mansion" with "lurid fantasies" and inflicting "untold damage," and opining that he should "be held accountable;" also quoting the plaintiff's attorney as opining that. Tiflis case is both about justice and making sure that a wealthy and powerful man knows that he is not above the law;" also quoting the plaintiff's attorney's view of the evidence that plaintiff "continues to endure emotional trauma daily") (Web site last visited July 17, 2008). 10 3059Gtao Avom, Sore 340,Cocoma Giver, 'taut.% 33133 1001314 EFTA00180416 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 11 of 100 action arising from an alleged sexual assault of a minor "shall be stayed until the end of all phases of [any] criminal action") (emphasis added). In this case, there is a parallel federal criminal grand jury action pending in the Southern District of Florida, In re Grand Jury, No. FGJ 07-103(WPB) (S.D. Fla.), which arises out of the same allegations pled here. Thus, in resorting to fraudulent joinder, the plaintiff has sought to avoid any application of this otherwise controlling statute. Cf. Doe v. Francis, No. 5:03 CV 260 MCR/WCS, 2005 WL 517847, at *1-2 (N.D. Fla. Feb. 10, 2005) (staying civil diversity action over plaintiffs' objections on grounds that "the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case . . . where a parallel criminal action is pending which arises from the same occurrence involving minor victims") (emphasis added). Even outside the context of a mandatory federal statute, "the Supreme Court has] admonished [that] 'the Federal courts should not sanction devices intended to prevent a removal to a Federal court where one has that right, and should be equally vigilant to protect the right to proceed in the Federal court.' Legg, 428 17.3d at 1325 (citing Wecker v. Nat? Enameling & Stamping Co., 204 U.S. 176, 186 (1907)). See also id. (observing that "Congress 'did not extend [to defendants a right of removal] with one hand, and with the other give plaintiffs a bag of tricks 11 n rt. 3059 GRAMIANINW. Sun 340. COCONUT GM/141. Won* 33133 11 of 310 EFTA00180417 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 12 of 100 to overcome it'" (quoting McKinney v. Bd. of Trustees of Maryland Cmty. Colt, 955 F.2d 924, 928 (4th Cir. 1992))). To protect a nonresident defendant's right of removal, a federal court will "determine the matter of jurisdiction" by examining "the true situation both as to parties and causes of action." Bernblum v. Travelers' Inc. Co., 9 F. Supp. 34, 35 (W.D. Mo. 1934) (emphasis added). See also id. (observing that "[t]he federal courts will . . . strike out the fiction injected into a case by a party to prevent removal"). In accordance with these principles, a plaintiff cannot destroy diversity jurisdiction simply by conjuring up a nondiverse defendant; there must be at least some "possibility that the state law might impose liability on [the nondiverse] defendant under the circumstances alleged in the complaint." Florence v. Crescent Res., LLC, 484 F.3d 1293, 1299 (11th Cir. 2007) (citations omitted). See also, Holloway v. Morrow, No. 07-0839-WS-M, 2008 WL 401305, at *5 (S.D. Ala. Feb. I I, 2008) (emphasizing that "`[t]he potential for legal liability must be reasonable, not merely theoretical" (quoting Legg v. Wyeth, 428 F.3d 1317, 1325 n.5 (11th Cir. 2005))) (emphasis added). In this case, the plaintiffs have tried to whip Jane Doe's original, one- defendant complaint into a froth that looks non-federal. Cf. Owens v. Swan, 962 F. Supp. 1436, 1439 (D. Utah 1997) (noting that "although plaintiffs' amended 12 Lewis.Teinii. 3039Gamy Avinim, Sun 340, COCOMUIGNOW, FlOOIDA 33133 12 of 316 EFTA00180418 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 13 of 100 complaint contains four claims for relief, the first and second claims state only one cause of action") (emphasis added). Using her original allegations and adding nothing, Jane I)oe has tried to add claims against for civil conspiracy (Am. Compl. ¶¶ 20-23), Intentional Infliction of Emotional Distress (Am. Compl. ¶¶ 24-28), and civil RICO (Compl. ¶¶ 29-34) in order to append a nondiverse defendant to her Complaint. These claims, however, are untenable under Jane Doe's own allegations, and therefore cannot be used to destroy diversity jurisdiction. (b) There is no ossibili that the plaintiff can establish a cause of action against under Florida law. (i) The conspiracy claim against Robson must fail. As a general rule, "[a]n actionable conspiracy [under Florida law] requires an actionable underlying tort or wrong." Wright v. Yurko, 446 So. 2d 1 162, 1165 (Fla. 5th DCA 1984) (citations omitted) (emphasis added).1° 10 This case is governed by the general rule. CJ: Chztrnica v. Miami Jai-Alai, Inc., 353 So. 2d 547, 550 (Fla. 1977) (noting that while there is "ordinarily . . . no independent tort for conspiracy," there is a narrow exception to this rule when "the plaintiff can show some peculiar power of coercion possessed by the conspirators by virtue of their combination") (emphasis added). See generally Liappas v. Augoustis, 47 So. 2d 582, 583 (Fla. 1950) (observing that "'instances of conspiracy which is in itself an independent tort are rare and should be added to with caution" (quoting Fleming v. Dane, 22 N.E.2d 609, 611, (Mass. 1939))) (emphasis added). Plainly, this case involves the general rule, not the narrow exception, because only one person could have caused Jane Doe's injuries. Cf. Martin v. Marlin, 529 So. 2d 1174, 1179 (Fla. 3d DCA 1988) (upholding 13 LemdASsin re. 3059Gitmo Ai/lieut. Sung 340,Cocown Gaovr, Ftwoo. 33133 13 of 319 EFTA00180419 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 14 of 100 Here, Jane Doe cannot assert a cause of action for "violation of Chapter 800, Florida Statutes" (Am. Compl. ¶ 18) because there is no private right of action under that Chapter. See generally Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360, 374 (Fla. 2005) (observing that "not every statutory violation carries a civil remedy" (citing Villazon v. Prudential Health Care Plan, Inc.. 843 So. 2d 842, 852 (Fla. 2003))). See also, e.g., Miami Herald Publ 'g Co. v. Ferre, 636 F. Stipp. 970 (S.D. Fla. 1985) (King, C.J.) (holding that violation of Florida's criminal extortion statute does not give rise to a civil cause of action for damages); Mantooth v. Richards, 557 So. 2d 646, 646 (Fla. 4th DCA 1990) (per curiam) (affirming dismissal of plaintiff's claim for parental kidnapping where "the mentioned statutes concern only criminal violations and do not afford a civil remedy") (citation omitted) (emphasis added); Wright v. Yurko, 446 So. 2d 1162, 1 165 (Fla. 5th DCA 1984) (holding that "[a]n act which does not constitute a basis for a cause of action against one person cannot be made the basis for a civil action for conspiracy"). In this case, Jane Doe's claim under Count II (civil conspiracy) fails because it derives exclusively from Count I (violation of Chapter 800, Florida Statutes). Cf grant of summary judgment against claim for independent conspiracy, noting that 'hen the concerted acts of the defendants do not create a greater harm than if the acts were committed by one person alone, then there can be no recovery"). 14 Lewis greinri 3059 Game Avuitm, km. 140, (coma GOMMORIOA 33133 14 of 316 EFTA00180420 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 15 of 100 Buchanan v. Miami Herald Publ'g Co., 230 So. 2d 9, 12 (Fla. 1969) (holding that where Count I of the complaint had failed to state a cause of action for malicious prosecution, there could be no civil-conspiracy claim in Count II "based on the allegations of Count I"). Because the statute she expressly pleads as the basis for Count I, Chapter 800, Florida Statutes, provides no civil remedy, Jane Doe cannot prevail on Count I. Therefore, she cannot prevail on her claim for conspiracy (Count II) to violate Chapter 800, Florida Statutes (Count I). (ii) The plaintiff cannot prevail against nondiverse defendant on her claim for Intentional Infliction of Emotional Distress (TIED). Even if the plaintiff, for the sake of argument, can assert an LIED claim against Jeffrey Epstein, the plaintiff still does not have a cause of action for LIED against First, the plaintiff cannot recover damages in connection with her own illegal conduct; and second, the plaintiff's purported LIED claim fails • as a matter of law. 15 Lewis Teinru. 3039 GIANDAvlowl. Suitt 340, COCONUT GLOW, f tOMDA 33133 1$ of 11s EFTA00180421 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 16 of 100 1. The plaintiff seeks damages in connection with her own illegal conduct. The plaintiff concedes that she went to Jeffrey Epstein's house "to give Epstein a massage for monetary compensation." (Am. Compl. ¶ 13.) The plaintiff also concedes, in the guise of an allegation, that "brought Jane Doe to Epstein's mansion in Palm Beach" to help the plaintiff execute her own plan. (Am. Compl. ¶ 13.) Yet, the plaintiff's plan was illegal: under Florida law, it is a crime "to practice massage" without a license. § 480.047, Ha. Stat. (1997). To say it another way, the plaintiff admits that she went to Mr. Epstein's house to commit a crime. Based on these allegations, it is clear that the plaintiff seeks damages in connection with her own illegal conduct; this is enough to support a finding of fraudulent joinder. See Florence v. Crescent Resources, LLC, 484 F.3d 1293, 1298 n.3 (11th Cir. 2007) (acknowledging that "under some circumstances, application of an affirmative defense can support a finding of fraudulent joinder). This conclusion is supported by well-established principles. Under Florida law, a plaintiff cannot recover damages flowing from her own illegal conduct. See Hall v. Hall, 93 Fla. 709, 112 So. 622, 628 (1927) (referring to "the universal rule of our law that one in a court of justice cannot complain . . . of another's wrong whereof he was a partaker") (internal quotation marks and citation 16 Lewis 'Fein,. 3059 Gump Avesiut, Sint 340. CocoNci 640vt., ROMA 31133 16 316 EFTA00180422 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 17 of 100 omitted) (emphasis added); Turner v. Anderson, 704 So. 2d 748, (Fla. 4th DCA 1998) ("[N]o public policy should allow appellant to recover damages as a result of engaging in criminal conduct such as occurred in this case."). Cf. Ewell v. Daggs, 108 U.S. 143, 149 (1883) (stating that "`[n]o court will lend its aid to a [plaintiff] who founds [a] cause of action upon an immoral or an illegal ace") (quoting Holman v. Johnson, 98 Eng. Rep. 1120 (K.B. 1775)); see also id. (explaining that this policy is "'not for the sake of the defendant, but because [the courts] will not lend their aid to such a plaintiff" (quoting Holman, 98 Eng. Rep. 1120)) (emphasis added); Balas v. Ruzzo, 703 So. 2d 1076, 1082 (Fla. 5th DCA 1997) (Harris, J., concurring) (remarking in the context of an action brought against an alleged prostitution house that "the court should continue its tradition of not interceding in civil conflicts involving transactions that are either illegal or are against public policy"). Based on the foregoing, the plaintiff cannot blame someone else for the consequences of her own criminal conduct. Cf. Feld & Sons, Inc. v. Pechner, Dorfman, Wolffe, Rounick and Cabot, 458 A.2d 545, 552 (Pa. Super. Ct. 1983) (holding that law-firm clients could not recover damages flowing from their own criminal acts, even though clients' lawyers had suggested the unlawful conduct to begin with). See also Turner v. Anderson, 704 So. 2d 748, 751 (Fla. 4th 17 Lewis 'Fein 31 3059 Gump Amon, Stun 340, COCOWT GiGYI, FIOC 33133 IT c4 316 EFTA00180423 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 18 of 100 DCA 1998) (approving reasoning in Feld & Sons, holding that "no public policy should allow [a plaintiff] to recover damages as a result of engaging in criminal conduct" where the plaintiff had provided false testimony at an arbitration proceeding). 2. The plaintiff's LIED claim fails as a matter of law. To state a cause of action for LIED, a complaint must allege four elements: 1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe. Metro. Life Ins. Co. v. McCarson, 467 So. 2d 277, 278 (Fla. 1985). Whether conduct is outrageous enough to support a claim of intentional infliction of emotional distress is a question of law, not a question of fact. Liberty Mut. Ins. Co. v. Steadman, 968 So. 2d 592, 595 (Fla. 2d DCA 2007) (citations omitted). In this case, without reaching the question of "outrage," the plaintiff has failed to show that conduct - - allegedly arranging an illegal sexual massage that the plaintiff herself agreed to perform - - itself caused the plaintiff to suffer any emotional distress. Even if the alleged agreement was fraudulently induced, the plaintiff's LIED claim flows from Epstein's alleged conduct, not the joint conduct of Robson and Doe in planning the massage. 18 3059 Gra° Amen, Sun 340,CocOmn Goon, hoes 33133 II o1310 EFTA00180424 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 19 of 100 (iii) The plaintiff cannot prevail on her claim for civil remedies for criminal practices or racketeering ("civil RICO") pled in Count IV. A cause of action under section 772.104, Florida Statutes ("Civil Remedies for Criminal Practices") requires a showing of direct injury. Even assuming for the sake of argument that Jane Doe can establish that the defendants engaged in a "pattern of criminal activity," she cannot establish that she was directly injured by those activities. Section 772.104 allows someone to bring a civil RICO claim only if "he or she has been injured by reason of any RICO violation. § 772.104, Fla. Stat. (2007). Here, the allegations in Count IV, even if they are true, do not add up to a civil RICO claim because there is no proximate cause between the purported "pattern of criminal activity" and Jane Doe's alleged injuries. In a doomed attempt to satisfy the extremely high burden of pleading civil RICO under Florida law, the Amended Complaint lists a series of violations rooted in Florida's prostitution statutes. (Am. Compl. 1 31.) According to the Amended Complaint, the defendants participated in a criminal enterprise . . . or conspir[acy]" (Am. Compl. ¶ 30) over an unspecified length of time "to repeatedly find and bring [Jeffrey Epstein] underage girls . . . in order for Epstein to solicit, coerce, entice, compel, or force such girls in acts of prostitution and/or lewdness" (Am. 19 Lielt i tTSinn• 3059 GuADAviran, Suill 340, Comm? Goc/v1, Ftomim 33133 19.1311 EFTA00180425 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 20 of 100 Compl. ¶ 32). The alleged "pattern of criminal activity" comprises violations of Chapter 796, Florida Statutes—the chapter that proscribes various crimes of prostitution.13 These allegations do not tie directly into Jane Doe's alleged psychic injuries. In contrast to a cognizable RICO claim, this action concerns only an isolated occurrence. More important, the alleged injuries in this case are pled to have resulted from an alleged sexual assault, an assault "in violation of Chapter 800 of the Florida Statutes" (Am. Compl. ¶ 18)—not anything having to do with the facilitation of prostitution, or more succinctly, the violation of Florida's prostitution law. Civil RICO claims are extraordinarily difficult to plead successfully. There are examples in the case law of RICO claims stemming from a prostitution enterprise, but they are vastly different from what plaintiff pleads here. They involve, for example, prostitutes who sued a house of prostitution (as an "enterprise") for inflicting systematic and repetitive abuse on them, over time. See Bolas v. Ruzzo, 703 So. 2d 1076, 1077 (Fla. 5th DCA 1997) (offering an example of a civil RICO claim against the operators of an alleged "house of prostitution," I) The Amended Complaint alleges a "pattern of criminal activity" comprising the following criminal violations: §§ 796.03, 796.07(2)(f), 796.07(2)(h), 796.045, and 796.04, Fla. Stat. (Am. Compl. ¶ 31.) 20 Lewis Tein 3059 Gun. AnRut, Wm 340, Cocosur GIOVI, FIORICIA 33133 3601316 EFTA00180426 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 21 of 100 where petitioners alleged that they had "suffered emotional pain, anguish, humiliation, insult, indignity, loss of self-esteem, inconvenience, hurt and emotional distress" as a result of being forced repeatedly, over time, to "perform sexual acts to retain their employment"). Here, even if the Amended Complaint can be read to plead that the defendants schemed to solicit other massages from other people (see, e.g., Am. Compl. ti 9, I I, 12, 32), those activities are not alleged in any way to have impacted Jane Doe. Cf., e.g., Palmas Y Bambu, S.A. v. E.I. Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Ha. 3d DCA 2004) (holding that "'indirect injuries, that is injuries sustained not as a direct result of predicate acts . . . will not allow recovery under Florida RICO."' (quoting O'Malley v. St. Thomas Univ., Inc., 599 So. 2d 999, 1000 (Fla. 3d DCA 1992))) (emphasis added). Because the Amended Complaint does not satisfy the direct-injury requirement under Florida's RICO law, Jane Doe has failed to allege a cause of action against for violation of section 772.103, Florida Statutes. B. This Notice satisfies the procedural requirements of 28 U.S.C. § 1446. 1. This notice of removal is timely. In accordance with 28 U.S.C. § 1446, this notice of removal is timely. Only defendant Epstein has been served with process. Defendants 21 Lewis 'rein ri 3059 GIMP Arum, Sun 340, Coccroul GrOvt,Itemoit 33133 21 ol 315 EFTA00180427 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 22 of 100 have not yet been served. In a multi-defendant lawsuit, removal is timely when effected within 30 days after the last defendant is served. See Hill Dermaceuticals, Inc. v. RX Solutions, United Health Group, Inc., No. 6:08-cv-330-Orl-31KRS, 2008 WL 1744794, at *3 (M.D. Fla. Apr. 11, 2008) (concluding that removal petition was timely where it was filed within 30 days after the last defendant was served). 2. Notice has been given, and state-court papers have been filed. In accordance with 28 U.S.C. § 1446(d), defendants have served this Notice of Removal on July 18, 2008. All papers filed in State Court are attached to this Removal Petition. 3. There is unanimity among the defendants. In accordance with 28 U.S.C. § 1446(6) the undersigned are authorized to represent that all of the defendants join this Petition and consent to removal. Conclusion Because this is a civil action between citizens of different states, excluding any fraudulently joined parties, and the amount in controversy exceeds $75,000, exclusive of interests and costs, this Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)( I ). 22 Le VO.p .,tilt1 rl. 3059 Game Avirout, SLUE 340, COCOONS GAOVI, FICODA 33133 22 of all EFTA00180428 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 23 of 100 WHEREFORE, the Defendants, Jeffrey Epstein, mom and MII remove this case from Palm Beach Circuit Court to the United States District Court for the Southern District of Florida. Respectfully submitted, LEWIS TEIN, A.L. 3059 Grand Avenue, Suite 340 Coconut Grove, Florida 33133 Tel: 305 442 1101 Fax: 305 442 6744 By: lb*(ile: GUY A. LEWIS Fla. Bar No. 623740 IN Fla. Bar No. 993522 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691 By: Jack A. Goldberger Fla, Bar No. 262013 Attorneysfor Defendant Jeffrey Epstein 23 Lewis Teinn 3059 Graomum, Sum 340, Caowur Gam, tics 33133 93 of 359 EFTA00180429 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 24 of 100 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document is being served this day, July 18, 2008, on counsel of record identified on the service list by U.S. Mail. ir • 14 lista Michael R. Tein 24 Lentyk.1:17fin ri. 3059 Guido Avow', Sum 340, CocomviGeovt, flew 33333 34 el 3111 EFTA00180430 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 25 of 100 Service List Theodore J. Leopold, Esq. Ricci-Leopold, P.A. 2925 PGA Blvd., Suite 200 Palm Beach Gardens, FL 33410 Fax: 561 697 2383 Counselfor Plaintiff Jane Doe Douglas M. McIntosh, Esq. Jason A. McGrath, Esq. McIntosh, Sawran, Peltz & Cartaya, P.A. Centurion Tower 1601 Forum Place, Suite 1110 West Palm Beach, Florida 33401 Fax. 561 682-3206 Counselfor Defendant Bruce E. Reinhart, Esq. Bruce E. Reinhart, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 Fax. 561 828 0983 Counselfor Defendant Robert D. Critton, Esq. Michael J. Pike, Esq. Burman, Critton, Luttier & Coleman, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, Florida 33401 Fax. 561 515 3148 Co-Counselfor Jeffrey Epstein 25 Lewis Pt 3059 Csawt>Avitivt, Sung 340, Cocoma Gtaa, ham. 33133 2544310 EFTA00180431 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 26 of 100 EXHIBIT A EFTA00180432 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 27 of 100 nsor & Associates 1cpaniny And Transcription. Inc IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2006 CF09454AXX STATE OF FLORIDA, JEFFREY EPSTEIN, Defendant. DEPOSITION OF Wednesday, February 20, 2008 2:00 p.m. - 4:30 p.m. Palm Beach County Courthouse 205 North Dixie Highway West Palm Beach, Florida 33401 Reported By: Judith F. Consor, FPR Notary Public, State of Florida Consor & Associates Reporting and Transcription Phone - 561.682.0905 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 27 of 316 EFTA00180433 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 28 of 100 nsor & Associates Roponiap anti Transcription. inc Page 2 1 APPEARANCES: 2 On behalf of the State: 3 LANNA BELOHLAVEK, ESQ. ASSISTANT STATE ATTORNEY 4 401 North Dixie Highway West Palm Beach, Florida 33401 5 561.355.7100 6 On behalf of the Defendant: MICHAEL R. TEIN, ESQ. 7 KATHRYN A. MEYERS, ESQ. LEWIS TEIN, PL 8 3059 GRAND AVENUE, SUITE 340 COCONUT GROVE, FL 33133 9 On behalf of the Defendant: 10 JACK A. GOLDBERGER, ESQ. ATTERBURY, GOLDBERGER & WEISS 11 250 AUSTRALIAN AVENUE SOUTH SUITE 1400 12 WEST PALM BEACH, FLORIDA 33401 561.659.8300 13 14 ALSO PRESENT: ON BEHALF OF THE WITNESS: THEODORE J. LEOPOLD, ESQ. 15 KEITH J. BRETT, DIRECTOR OF MULTIMEDIA DIVISION, LEGAL-EZE • 16 17 18 19 20 21 22 23 24 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 21a Ni EFTA00180434 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 29 of 100 nsor & Associates Report' ny. and lranicei piton, Inc Page 3 1 INDEX PAGE: 2 WITNESS: 3 MN/ DIRECT EXAMINATION 4 4 BY MR. TEIN: 5 6 7 N0EXHIBITS MARKED 8 9 CERTIFIED QUESTIONS Page Line 10 53 22 11 55 1 59 2 111 14 12 112 2 13 14 15 16 17 18 19 20 21 22 23 2.4 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 29 of 310 EFTA00180435 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 30 of 100 nsor & Associates Re panIn and Tranicti pu en. Page 4 1 Deposition taken before Judith F. Consor, 2 Court Reporter and Notary Public in and for the State of 3 Florida at Large, in the above cause. 4 5 Thereupon, 6 7 having been first duly sworn or affirmed, was examined $ and testified as follows: 9 THE WITNESS: I do. 10 DIRECT EXAMINATION 11 BY MR. TEIN: 12 Q. Good afternoon. Please tell me your full 13 name. 14 A. 15 Q. And can you please spell it. 16 A. 17 18 Q. Thank you. 19 May I call you SW 20 A. Uh-huh. 21 Q. going to ask you a few 22 questions, several questions today. If at any time you 23 want to take a break, you just let me know. Okay? 24 A. Okay. 25 Q. If you at any time don't understand one of Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 700(1,5 EFTA00180436 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 31 of 100 nsor & Associates Kopartirip end Transcription, Inc Page 5 1 my questions, will you just please let me know? 2 A. Yes. 3 Q. And if at any time you're not feeling well 4 or something like that, you'll tell us, right? 5 A. Yes. 6 Q. Do you feel okay today? 7 A. Yes. 8 Q. Not taking any alcohol or drugs or anything 9 like that, right? 10 A. No. 11 Q. So you feel ready to have your deposition 12 taken? 13 A. Yes. 14 Q. what is your address? 15 A. I'm currently living at my aunt's house and 16 I don't know it off the top of my head. 17 Q. Where is it? 18 A. In Jupiter. 19 Q. Who is your aunt? 20 A. 21 Q. Who else is living there? 22 A. my uncle. 23 Q. Anyone else living there? 24 A. No. 25 0. The contempt motion that your mother filed Ph. 561.682.0995 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 31 o1Ore EFTA00180437 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 32 of 100 nsor & Associates Rork-mini! And Tun/cup:ion. Inc Page 6 1 against your father regarding your fifty million-dollar 2 lawsuit against Jeffrey Epstein says that you live with 3 your aunt and uncle and have been living there; is that 4 correct? 5 A. Yes. 6 Q. How long have you been living with your 7 aunt and uncle? 8 A. Since my father kicked me out. 9 Q. That was Thanksgiving of this past year? 10 A. Yes, sir. 11 Q. Okay. Didn't your firefighter boyfriend 12 get an apartment for the two of you? 13 A. No, sir. He has an apartment, but by 14 himself. 15 Q. Did he get an apartment for the two of you 16 to live in? 17 A. No, sir. 18 Q. Are you planning to move in with him? 19 A. Maybe one day in the future. 20 Q. Do you have a plan to move in with him 21 presently? 22 A. No. 23 Q. Have you been to the apartment that you and 24 have discussed moving in together? 25 A. I have been to the apartment. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 32o1311 EFTA00180438 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page33of100 nsor & Associates Repining and Transcription, Inc. Page 7 1 Q. Where is that? 2 A. Palm Beach Lakes. 3 Q. Have you spent the night over there? 4 A. No, sir. 5 Q. Do you know the address there? 6 A. I do not. Q. Isn't your sister planning on living 7 8 with you and 9 A. No. 10 Q• us you know that this court case is a 11 criminal prosecution, correct? 12 A. Correct. 13 Q. And you know that it's a criminal 14 prosecution against a man who has no criminal background. 15 Do you know that? 16 A. I do now. 17 Q. You agree that court is a very serious 18 matter? 19 A. Yes. 20 0. And you're here with your lawyer 21 Mr. Leopold, right? 22 A. Yes. 23 Q. And you know that Mr. Leopold recently 24 filed a lawsuit in federal court against Jeffrey Epstein, 25 seeking fifty million dollars. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 33 el 316 EFTA00180439 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 34 of 100 nsor & Associates ROFORiAS API! MIMIC ription, Inc. Page 8 1 MR. LEOPOLD: Let me just object. 2 let me instruct you. Anything that 3 you have learned through conversations between you 4 and me are protected. So if you know any of that 5 information outside of those discussions, you may 6 answer. But if the only way you know it is 7 through our discussions, do not answer that 8 question. 9 BY MR. TEIN: 10 Q• MI you know that Mr. Leopold recently 11 filed a lawsuit in federal court on your behalf against 12 Jeffrey Epstein seeking fifty million dollars? 13 MR. LEOPOLD: Same objection. 14 If you know the answer to that outside of 15 our discussions, you may answer. If it is the 16 only way that you know the answer is through our 17 discussions, do not answer that question. 18 THE WITNESS: Okay. 19 MR. LEOPOLD: Attorney/client privilege. 20 BY MR. TEIN: 21 Q. You can answer the question unless 22 MR. LEOPOLD: Same objection. 23 MR. TEIN: Let me finish. 24 MR. LEOPOLD: Excuse me. We're -- 25 MR. TEIN: No. Let me finish. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 34 ol 316 EFTA00180440 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 35 of 100 nsor & Associates Ropnnine and Transco puon, Inc. Page 9 1 MR. LEOPOLD: Lewis, we're not going to do 2 that. 3 MR. TEIN: My name is not Lewis. 4 I'm going to finish my question. Okay? 5 MR. LEOPOLD: Do not answer until you hear 6 from me. 7 BY MR. TEIN: 8 Q. Other than conversations that you have had 9 with Mr. Leopold -- I'm not asking about that -- are you 10 aware that Mr. Leopold has filed a lawsuit in federal 11 court seeking fifty million dollars from Jeffrey Epstein 12 on your behalf? 13 MR. LEOPOLD: Same objection. 14 Anything that you learn through 15 conversations between you and me, do not answer. 16 Those are protected. If you know through any 17 other realm of knowledge, you may answer. 18 THE WITNESS: No. 19 BY MR. TEIN: 20 Q. You have no idea that Mr. Leopold filed a 21 fifty million-dollar lawsuit on your behalf against 22 Jeffrey Epstein? 23 MR. LEOPOLD: Same objection. 24 Do not answer that question if it's through 25 discussions that you and I had. Outside of that, Ph. 561.682.0905 - Fax. 561.682.1771 I655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 760716 EFTA00180441 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 36 of 100 nsor & Associates Reportinp and 'franc ciptioa, lac Page 10 1 you may answer. So do not answer that question if 2 that is the only basis by which you understand 3 that answer. 4 THE WITNESS: No. 5 BY MR. TEIN: 6 Q. You didn't know that? 7 MR. LEOPOLD: Don't answer that question. 8 Again, it's attorney/client privilege. Any 9 information you've learned through conversations 10 between you and I are protected. If you know it 11 through any other realm, you may answer. 12 MR. TEIN: Are you going to say that for 13 every question in the deposition, Mr. Leopold? 14 MR. LEOPOLD: When you ask improper 15 questions like that without the proper -- 16 MR. TEIN: You're going to stop your 17 speaking objections right now. Okay? 18 MR. LEOPOLD: Without the proper -- 19 MR. TEIN: You need to stop your speaking 20 objections. 21 Let's continue. 22 MR. LEOPOLD: Counsel, you just asked me a 23 question and I'm going to state it on the 24 record -- 25 MR. TEIN: You need to stop your speaking Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 3001314 EFTA00180442 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 37 of 100 nsor & Associates Reptv:itis and TranictirKinct. Inc Page 11 1 objections. Check your rules. 2 MR. LEOPOLD: Excuse me. For the record, Counsel asked me a question. I'll state the 3 4 answer on the record. He asked me the question am 5 I going to be answering that way throughout the 6 deposition. So long as there's improper 7 foundation and predicate asked by the attorney, I 8 will protect my client and I make the record where 9 appropriate. If counsel wishes to ask an 10 appropriate worded question with the proper 11 foundation and predicate, I will certainly allow 12 the client to answer the question. MR. GOLDBERGER: Why don't you just state 13 14 attorney/client privilege and just be done with 15 it? 16 MR. LEOPOLD: I want the record to be 17 clear. 18 MR. TEIN: You want to waste time is what 19 you want to do. 20 You were supposed to be here this morning 21 and you totally broke the deal, the agreement that 22 you had with us if your hearing got cancelled. 23 But let's move on and maybe you'll stop 24 obstructing this deposition. 25 MR. LEOPOLD: I think the record is very Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 31al 314 EFTA00180443 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 38 of 100 nsor & Associates Roparung and Transcript,m. Inc Page 12 1 clear where we stand thus far. 2 Is there a recording taken of this 3 deposition? 4 THE COURT REPORTER: Yes. 5 MR. LEOPOLD: Just make sure that's 6 preserved. 7 BY MR. TEIN: 8 Q. Go to Exhibit 20-01 -- well, before you do 9 that,_ are you aware that a lawyer named Jeffrey 10 Herman filed a lawsuit on your behalf, yes or no? 11 MR. LEOPOLD: Objection. 12 Any conversations that you and I have had 13 regarding that, if that is the only way by which 14 you understand how to answer that question, do not 15 answer. It's attorney/client privilege, as well 16 as any conversations you may have had with the 17 attorney from Miami. That is also attorney/client 18 privilege. And I'm assuming 19 MR. TEIN: You're actually wrong about the 20 attorney/client privilege. 21 MR. LEOPOLD: I'm assuming Counsel is not 22 asking you to divulge attorney/client 23 MR. TEIN: Of course not. 24 BY MR. TEIN: 25 Q. a are you aware that Jeffrey Herman, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Sulte 500 - West Palm Beach, FL 33401 MI of 311 EFTA00180444 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 39of100 nsor & Associates Reportinp nail Tunic iiption. Inc Page 13 1 an attorney, filed a fifty-million-dollar lawsuit on your 2 behalf against Jeffrey Epstein, yes or no? 3 MR. LEOPOLD: Same objection. 4 MR. TEIN: We've heard the objection 10 5 times already. 6 MR. LEOPOLD: Counsel, excuse me. 7 MR. TEIN: Just say attorney/client 8 privilege. Stop interrupting my questions. 9 MR. LEOPOLD: I'm entitled to make an 10 objection for the record, which I'm doing, and 11 I'll make the same objection. And if it calls for 12 attorney/client privilege, any conversations you 13 and I have had, do not answer the question. 14 And I think that it might be appropriate, 15 for the record, to ask questions via IIIII, 16 WM as opposed to OM I think that 17 would be more appropriate for this deposition. 18 BY MR. TEIN: 19 Q. Go ahead. Please answer yes or no. 20 A. Yes. 21 Q. Thank you. 22 In fact, you know that Mr. Herman held a 23 press conference after he filed the fifty-million-dollar 24 lawsuit on your behalf, don't you? 25 A. After it happened. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 39 el 315 EFTA00180445 Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page 40 of 100 nsor & Associates Reparnnp end Trans< ri pit on, Inc. Page 14 1 O. You know that he had a press conference, 2 don't you, yes or no? A. Yes. 4 Q. In fact, let's go to Exhibit 20-01. 5 MR. GOLDBERGER: Look behind you. You'll 6 see it. 7 BY MR. TEIN: 8 Q. Have you ever seen that picture before? 9 A. Yes. 10 Q. Is that a picture of your father, your 11 stepmother and Mr. Berman at the press conference 12 regarding your lawsuit? 13 A. Yes. 14 Q. Now you know that this is a very serious 15 matter, don't you? 16 MR. LEOPOLD: Asked and answered. 17 Objection. 18 MR. GOLDBERGER: All right. You can 19 object. You're representing a witness here, 20 Mr. Leopold. You can object on privilege grounds. 21 You cannot make legal objections. You have no 22 standing to do so. 23 MR. LEOPOLD: I'm going to make them and 24 then -- 25 MR. GOLDBERGER: We're -- Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180446 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 41 of 100 nsor & Associates Steraning and *Franscripluxn, Inc Page 15 1 MR. LEOPOLD: We're going to leave or we're 2 going to take a break, because his demeanor is not 3 appropriate. There's no reason to have this kind 4 of demeanor. If you want to have this kind of 5 demeanor with me -- 6 MR. TEIN: You are obstructing this 7 deposition. 8 MR. GOLDBERGER: Why don't you guys go 9 outside and just talk about -- 10 MR. LEOPOLD: She -- her job is very 11 difficult and she's not going to be able to take 12 us both talking at the same time. 13 MR. GOLDBERGER: Off the record. 14 MR. LEOPOLD: We're not going off the 15 record, Jack. We're not, Jack. Her job is very 16 difficult. I'm going td make the record. 17 I don't think it is appropriate, especially 18 in the small confines of this room, to be very 19 aggressive with this young lady. 20 MR. TEIN: That's not happening. Stop, 21 stop actually -- 22 MR. LEOPOLD: If you're going to interrupt 23 me, we're going to cancel this deposition 24 MR. TEIN: Stop misrepresenting. 25 THE COURT REPORTER: I need one at a time, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 41 of 314 EFTA00180447 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 42 of 100 nsor & Associates Reporting and Trandcrinnon. Inc Page 16 1 no matter who it is. 2 MR. LEOPOLD: I think we're going to take a 3 break. Perhaps you might want to talk to your 4 co-counsel -- 5 MR. TEIN: I don't need to talk to him. 6 MR. LEOPOLD: But we're going to take a 7 break. 8 MR. TEIN: We're not taking a break unless 9 the witness needs a break. 10 You're obstructing this deposition, Ted. 11 MR. LEOPOLD: Come on, 12 You all want to continue in this 13 demeanor -- 14 MR. TEIN: You're obstructing the 15 deposition. Stop making speeches. We're not 16 discussing this with you. The questions are to 17 your client. Go take your five-minute break. 18 MR. LEOPOLD: Fine. We need to make sure 19 the record's clear and clean. 20 And I want to make sure, as I've already 21 asked you -- I know that you're one of the best in 22 town -- that this audio -- this needs to be 23 preserved. Okay? 24 MR. TEIN: Go take your five-minute break, 25 Mr. Leopold, now. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 42 of 314 EFTA00180448 Case 9:08-cv-80804-KAM nt 1 EnteredonFLSpDocket07/21/2008 Page 43 of 100 nsor & Associates RoponsuR and Trioscrip:inn, inc. Page 17 1 You were supposed to be here at nine a.m.; 2 it's now after two. Take your break and come 3 back. 4 MR. LEOPOLD: Okay. If the demeanor keeps 5 up, we will not be here beyond those five minutes. 6 MR. TEIN: Take your break and come back. 7 MR. LEOPOLD: Okay. So I suggest that you 8 relax. 9 MR. TEIN: I suggest that you take your 10 break. 11 MR. GOLDBERGER: Let them take that 12 five-minute break. 13 MR. LEOPOLD: But I would suggest that you 14 take deep breaths. 15 MR. TEIN: Suggest whatever you want. Go 16 take a break. 17 (Thereupon, a recess was taken.) 18 BY MR. TEIN: 19 Q. II,Alliryou agree that giving testimony 20 today at your deposition is something very serious, don't 21 you? 22 A. Yes. 23 Q. And you respect the court, don't you? 24 A. Yes. 25 Q. Let me show you Exhibit 31-001. Can you Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 ♦3 or 315 EFTA00180449 Case 9:08-cv-80804-KAM nt 1 EnteredonFLSDDocket07/21/2008 Page 44 of 100 sor & Associates RI:penis! and Tranactipann. Inc Page 18 1 read that out loud, please. 2 A. Okay. What do you want? 3 Q. Will you read that out loud, please. 4 A. Oh. 5 Q. Thank you. 6 A. Lol hah my baddd...lol yah i got some 7 stupid court shit on the 20th...bullshit...and damn you 8 still have court shit with him? Like after so long wow 9 im sorry... well yah well we will definitely havta make 10 plans for sure..because i miss u tons times a million and 11 no no no i love you...o and p.s. i love ur default pic 12 niggaa. Muah xo. 13 Q. Did you send that message last week to a 14 friend of yours on MySpace? 15 A. I wouldn't know. There's no dates and I've 16 deleted that MySpace, so -- 17 Q. We're going to talk about that in a second. 18 A. Okay. 19 Q. Did you send that message last week -- 20 A. Right. 21 Q. Let me finish my question. 22 Did you send that message last week to a 23 friend of yours on MySpace? 24 A. I wouldn't know the date, but obviously, 25 it's to a friend. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 44 of 316 EFTA00180450 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 45 of 100 nsor & Associates Reputing .and Innscripinn, Inc. Page 19 Q. Did you send that message to a friend of 2 yoJrs on MySpace? 3 A. Sure, yes. 4 Q. Were you referring to this deposition? 5 A. Yes. 6 Q. Do you find the term n-i-g-g-e-r offensive? 7 A. That's not anywhere in there. 8 Q. What word did you use in there? 9 MR. LEOPOLD: Where are you referring to, 10 Counsel? There's 20 plus words in there. 11 MR. TEIN: Don't make a speaking objection. 12 THE WITNESS: Are you referring to 13 anything -- 14 MR. LEOPOLD: No, Don't -- don't 15 let him ask you the question. 16 BY MR. TEIN: 17 O. What question were you asking, ? 18 MR. LEOPOLD: She doesn't ask questions. 19 You ask the questions. What is the question 20 pending? 21 BY MR. TEIN: 22 Q. what is the last word on there in 23 the text of your message before the closing? 24 A. Niggaa. 25 Q. Don't you find that term offensive? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 ol 39 EFTA00180451 Case 9:08-cv-80804-KAM Dp ent 1 Entered on FLSD Docket 07/21/2008 Page 46 of 100 sor & Associates Rename! end Transcription, Inc Page 20 1 A. No. 2 MR. LEOPOLD: Can you spell it for the 3 record, please. 4 THE WITNESS: N-i-g-g -- 5 MR. TEIN: No, no, no. You are not going 6 to be asking questions. 7 MR. LEOPOLD: I'm not asking questions. 8 I'm asking for the record the word to be spelled, 9 because we don't have a video here today. 10 MR. TEIN: These exhibits are part of the 11 record. You -- 12 MR. LEOPOLD: Well, it's not marked as an 13 exhibit. 14 MR. TEIN: Stop interrupting me, 15 Mr. Leopold. I have marked and identified as an 16 exhibit and you will get it. 17 MR. LEOPOLD: There has been no 18 identification of this document in the record. 19 MR. TEIN: Mr. Leopold, stop interrupting 20 this deposition. 21 MR. LEOPOLD: What is the exhibit number 22 marked for identification? 23 MR. TEIN: 31-001. 24 MR. LEOPOLD: Do we have copies? Is it on 25 the record anywhere? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180452 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 47 of 100 Associates nsorand&Inaactiption. Kelton/ nR Page 21 1 BY MR. TEIN: Q. Let me ask you, _did you in fact 2 3 write your friend this message about this deposition? 4 A. Yes. 5 Q. So you wrote your friend that this 6 deposition is stupid court s-h-i-t, correct? 7 A. Yes. 8 Q. Because you think this deposition is stupid 9 court s-h-i-t, don't you? 10 A. No. 11 Q. You wrote that to your friend, didn't you? 12 A. Yes. 13 Q. You think that court is stupid, don't you? 14 A. In some cases. 15 Q. And you think that court is bull s-h-i-t, 16 don't you? 17 A. No. 18 O. And you think this deposition is bull 19 s-h-i-t, don't you? 20 A. No. 21 Q. You wrote that to your friend, didn't you? 22 MR. LEOPOLD: Objection. Asked and 23 answered. 24 MR. TEIN: That's not an objection. 25 BY MR. TEIN: Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 47 o1314 EFTA00180453 Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page 48 of 100 nsor & Associates RoponinR wd Tunic6-0m, Inc. Page 22 1 Q. You wrote that to your friend, didn't you? 2 MR. LEOPOLD: Objection. Asked and 3 answered, for the fourth time. 4 MR. TEIN: You are improperly objecting, 5 Mr. Leopold. You have no grounds to object. And 6 that's not an objection. 7 MR. LEOPOLD: It is an objection. 8 MR. TEIN: Then terminate the deposition if 9 you think it's been asked and answered. 10 MR. LEOPOLD: Counsel, I am not precluded 11 from just making an objection to the form of the 12 question. As the courts well know, and if you 13 practice here in West Palm Beach, many of the 14 judges require you to set the objection with 15 specificity. And I will do that. And if you 16 don't want me to, you can make the record. But I 17 will do that. 18 MR. TEIN: Here's what we'll do, Ted. You 19 can will allow you to reserve an objection to 20 form for every single one of my questions. 21 Otherwise, all you're doing is obstructing. 22 MR. LEOPOLD: I won't do that. 23 MR. TEIN: Of course; because you want to 24 obstruct. 25 MR. LEOPOLD: All right. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 4801316 EFTA00180454 Case 9:08-cv-80804-KAM nt 1 Entered on FLSD Docket 07/21/2008 Page49of100 nsor & Associates Roportin9 and Tranicrip:inn, Inc. Page 23 1 BY MR. TEIN: 2 Q. WS you think that giving testimony 3 today, under oath, is bull s-h-i-t, don't you? 4 A. No. 5 O. And you wrote that to your friend on 6 MySpace last week, didn't you? 7 MR. LEOPOLD: Objection. Asked and 8 answered. 9 THE WITNESS: No, I did not. 10 BY MR. TEIN: 11 Q. You didn't write this exhibit? 12 A. I wrote that, but I didn't write what you 13 said. 14 Q. You wrote in this exhibit, "I got some 15 stcpid court s-h-i-t on the 20th. Bull s-h-i-t." Didn't 16 you. write that? 17 A. Yes. 18 Q. Referring to this deposition, didn't you? 19 A. Referring to the court. I was later 20 informed that it was a deposition. 21 Q. I'm going to ask you some questions now 22 about what happened when you went to Jeff Epstein's house 23 three years ago. Okay? 24 A. Uh-huh. 25 Q. When the police interviewed you one month Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 49 c43111 EFTA00180455 Case 9:08-cv-80804-KAM Dqppient 1 Entered on FLSD Docket 07/21/2008 Page 50 of 100 nsor & Associates koponitip and 'transcription. Inc. Page 24 1 after you went to Epstein's house, you swore on your 2 mother's grave that you and Epstein did not engage in sex 3 of any kind? 4 A. Yes. 5 Q. Didn't you tell that to the police? 6 A. Yes. And I will continue. I have never 7 had sex with him. 8 Q. Did what happened upstairs at Jeff 9 Epstein's house take you completely by surprise,illp? 10 A. Yes. 11 Q. Now the civil complaint that you filed 12 against Mr. Epstein for fifty million dollars alleged 13 that you were totally shocked by what happened when you 14 got there. 15 A. Yes. 16 Q. Were you totally shocked by what happened 17 when you got to Epstein's house? 16 A. Yes. 19 Q. You didn't expect it at all, did you? 20 A. No. 21 Q. You had absolutely no idea why your friend 22 illillipas taking you to Epstein's house, right? 23 A. I was informed it was a massage. 24 Q. All you thought that it was going to be was 25 a massage, correct? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 60 of 314 EFTA00180456 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 51 of 100 nsor & Associates Ropaning and T:ansctipana, lac . Page 25 1 A. Yes. 2 Q. Before you got to Epstein's house INS 3 never said anything to you on the telephone about sexual 4 activity with Epstein, did she? 5 A. No. 6 Q. And before you got to Epstein's house 7 never sent you a message over the Internet about 8 sexual activity with Epstein, did she? 9 A. No. .10 Q. Did ever try to convince you to 11 engage in any sexual activity with Epstein? 12 A. No. 13 Q. Did every try to convince 14 you to engage in any sexual activity with Epstein? 15 A. I don't know who is. 16 Q. Do you have a friend IIIIIII? 17 A. No. 18 Q. Okay. Before you went so Epstein's house 19 did anyone call or e-mail you to induce you to engage in 20 sexual activity with Epstein? 21 A. No. 22 Q. So you're sure that before you got to 23 Epstein's house no one tried to persuade you to engage in 24 sexual activity with Jeffrey Epstein? 25 A. No. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 SI o1311 EFTA00180457 Case 9:08-cv-80804-KAM ent 1 EnteredonFLS,DDocket07/21/2008 Page 52 of 100 nsor & Associates Repartour and Tunscripien, Page 26 1 O. You're sure that -- let me ask the question 2 again. 3 You're sure that before you got to 4 Epstein's house no one tried to persuade you to engage in 5 sexual activity with Epstein for money. Are you? 6 MR. LEOPOLD: Objection. Asked and 7 answered. 8 THE WITNESS: No. And I've already 9 answered that a bazillion times. 10 BY MR. TEIN: 11 Q. He's coaching you now. So I'm going to ask 12 the question 13 MR. LEOPOLD: Counsel, I've made an 14 objection for the record. 15 MR. TEIN: Stop speaking. 16 MR. LEOPOLD: I'm not going to stop 17 speaking. You can't interrupt me when I'm making 18 the record. 19 MR. TEIN: You're coaching the witness. 20 MR. LEOPOLD: Counsel -- 21 MR. TEIN: Stop coaching the witness. 22 BY MR. TEIN: 23 Q• Millet me ask you -- 24 MR. LEOPOLD: If you continue to 25 MR. TEIN: Stop interrupting my questions. Ph. 561.682.0905 - Fax. 561.682.1771 . 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 IS2 a314 EFTA00180458 Case 9:08-cv-80804-KAM q ent 1 Entered on FLSD Docket 07/21/2008 Page 53 of 100 nsor & Associates Reporting and Transcription, lnc Page 27 1 MR. LEOPOLD: If you do it one more time, 2 we're leaving. 3 BY MR. TEIN: 4 S O. SMR. LEOPOLD: I'm going to make the record. 6 You cannot interrupt me when I'm making the 7 record. Out of professional conduct, you cannot 8 do that. I'm entitled to make the record. I made 9 an objection, asked and answered. Your demeanor 10 is inappropriate. You're willing and you are able 11 and you're responsible to ask a question in a 12 professional manner, and ask the question and once 13 you get the answer, to either follow up on it or 14 move on, but not continuously browbeat and ask the 15 same question over and over because you don't like 16 the answer. 17 MR. TEIN: Calm down, sir. 18 MR. LEOPOLD: Trust me, I'm very calm here. 19 When I'm not calm, you'll know it. I'm very calm. 20 So please continue on. But I will not 21 allow you to continue to harass her in the 22 demeanor that you're doing. Ask her a question 23 and move on. 24 MR. TEIN: Are you done? 25 MR. LEOPOLD: Thank you. 1 am. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 63 o1311 EFTA00180459 Case9:08-cv-80804-KAM q ent 1 Entered on FLSD Docket 07/21/2008 Page 54 of 100 nsor & Associates flepaninp. and Transcriplim. Inc. Page 28 1 MR. TEIN: Stop misrepresenting the record 2 and calm down. I'm going to ask my question. 3 Stop it. 4 By MR. TEIN: 5 Q. 6 MR. LEOPOLD: I think the record is very 7 clear. 8 MR. GOLDBERGER: Let me just clarify 9 something. When you object to the form of a 10 question, you're not instructing the witness not 11 to answer the question, are you? 12 MR. LEOPOLD: No. And I'm not making that 13 objection; only on attorney/client privilege. 14 MR. TEIN: Will you stop speaking now so I 15 can ask my question? Are you done? 16 Okay. I'm going to ask my question. 17 BY MR. TEIN: 18 Q. Listen, Mr - 19 MR. LEOPOLD: Hold on. Stop. 20 I've been doing this for 20 plus years and 21 have met a lot of attorneys, but I've never had an 22 experience like this where I've -- 23 MR. TEIN: Stop your speeches. 24 MR. LEOPOLD: If you continue to do this, 25 whether it's with me or with my client, I will not Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 64°133 EFTA00180460 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 55 of 100 nsor & Associates Reporting and Tianicriptioo. Inc Page 29 1 put up with it and I don't need to put up with it 2 and it's not appropriate. And I'm sure 3 Mr. Goldberger knows all this, because I know that 4 he wouldn't do this. So I will not put up with 5 it. And I think it's highly inappropriate to do 6 this with this child sitting here, the way you're 7 acting, primarily towards me, and I will not put 8 up with it. 9 MR. TEIN: Will you please stop your speech 10 so I can ask questions? 11 MR. LEOPOLD: So long as you act 12 professionally, I will do so. But if you continue 13 to do it this way, I will leave. 14 MR. TEIN: Suit yourself. 15 BY MR. TEIN: 16 Q. are you sure that before you got to 17 Epstein's house no one tried to persuade you to engage in 18 sexual activity with Epstein for money? 19 MR. LEOPOLD: Asked and answered. 20 Objection. 21 MR. TEIN: Did you get her answer? 22 THE COURT REPORTER: No, I did not. 23 THE WITNESS: I'm sure. 24 BY MR. TEIN: 25 Q. Let me ask you a few questions about your Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5,5 el 311 EFTA00180461 Case 9:08-cv-80804-KAM q ent 1 Entered on FLSD Docket 07/21/2008 Page 56 of 100 nsor & Associates Ropaniag mid Transcopuce.. Inc. Page 30 1 contact with Jeffrey Epstein. Okay? 2 A. (Witness nods head up and down.) 3 Q. Jeff never e-mailed you, did he? 4 A. No. 5 Q. Jeff never text messaged you, did he? 6 A. No. 7 Q. Jeff never chatted in a chat room with you, 8 did he? 9 A. No. 10 Q. Before you got to Epstein's house you had 11 never spoken to Jeff, had you? 12 A. No. 13 Q. And before you got to Epstein's house you 14 had never met Jeff? 15 A. Correct. 16 Q. Before you got to Epstein's house you had 17 never told Jeff that you were under 18, right? 18 A. No. 19 Q. Before you got to Epstein's house had you 20 ever told Jeffrey that you were under 18? 21 A. No. I never spoke to the man before that. 22 Q. And you only went to Jeff Epstein's house 23 that one time three years ago, correct? 24 A. Yes. 25 Q. You never went there again, correct? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 Hof 314 EFTA00180462 Case 9:08-cv-80804-KAM Dffnent 1 Entered on FLSD Docket 07/21/2008 Page 57 of 100 nsor & Associates Rep-mina and Tnia.scririon, Inc. Page 31 1 A. No. 2 Q• All right. Let me ask you two final areas 3 of questioning about this and we'll move onto something 4 else. Okay? 5 A. Uh-huh. Yes. I'm sorry. 6 Q. Before you got to Epstein's did anyone 7 associated with Epstein ever call you on the phone and 8 try to persuade, induce, entice or coerce you to engage 9 in any sexual activity? 10 A. No. 11 Q. Before you got to Epstein's did anybody 12 associated with Epstein ever contact you on the Internet 13 and try to persuade, induce, entice or coerce you to 14 engage in any sexual activity? 15 A. No. 16 Q. 11. who told you that when you got to 17 Jeff Epstein's house you should lie to Jeff about your 18 age? 19 A. 20 Q. Was it or was it the other girl in 21 the car who you rode over with to Epstein's house? 22 A. 23 Q. Who was the other girl in the car with you 24 that day? 25 A. I honestly don't know. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 57 of 315 EFTA00180463 Case 9:08-cv-80804-KAM D ment 1 Entered on FLSD Docket 07/21/2008 Page 58 of 100 nsor & Associates floportinE anal Transcri inion. inc. Page 32 1 Q. Had you ever seen her before? 2 A. No, sir. 3 Q. You told the police that when you rode over 4 to Epstein's you had no idea who she was, right? 5 A. Correct. 6 Q. You told the police that you didn't know 7 her name, but she was like really dark, kind of like a 8 Spanish girl? 9 A. Yes. 10 Q. Those were your words, right? 11 A. Yes. 12 Q. Do you now know who she is? 13 A. No, sir. 14 Q. So it was Illilwho told you to lie about 15 your age to Jeff Epstein? 16 A. Yes, sir. 17 Q. And told you that if you weren't 18, 18 Epstein wouldn't let you into his house, right? 19 A. That's -- yes, yes. 20 Q. All right. Let's talk for a minute about 21 when you first met Jeff. Okay? 22 A. Sure. 23 Q. When you first met Jeff he tried to find 24 out how old you were, right? 25 A. Excuse me? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 5401311 EFTA00180464 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 59 of 100 nsor & Associates Roponinp aid Transciiptim. inc. Page 33 1 Q. When you first met Jeff he tried to find 2 out how old you were, right? 3 A. Not when we first introduced each other; 4 when we get upstairs, then, yes. 5 Q. During the massage Jeff asked you how old 6 you were, correct? 7 A. Yes, yes. 8 Q. Now hadn't you already told Jeff's 9 ass:.stant, the one who walked you upstairs, that you went 10 to college and had just moved down here from Ohio? 11 A. I never spoke to the lady. 22 Q. Do you want to rethink that answer? 13 MR. LEOPOLD: Is that a question? 14 BY MR. TEIN: 15 Q. Do you want to rethink that answer? 16 A. No. I didn't really speak with her that 17 much. 18 Q. Do you want to try to refresh your memory 29 on that? 20 MR. LEOPOLD: Do you have something to 21 refresh her memory with? 22 MR. TEIN: Do you want to stop making 23 speaking objections? 24 MR. LEOPOLD: No. But to refresh someone's 25 memory, you show them a document. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 6901310 EFTA00180465 Case 9:08-cv-80804-KAM liD • ent 1 nsor Entered on FLSD Docket 07/21/2008 & Associates Page 60 of 100 Reporting IS lransoliption, lac. Page 34 1 MR. TEIN: I know how to do this. 2 MR. LEOPOLD: Then show her a document. 3 MR. TEIN: Stop speaking. 4 MR. LEOPOLD: I'm not going to stop 5 speaking. I'm going to continue to make the 6 record. 7 MR. TEIN: You're obstructing. Please 8 stop. 9 MR. LEOPOLD: I'm not obstructing. But if 10 you want to refresh her recollection, you need to 11 show her something. 12 That's not a proper question. I object to 13 the foundation and the predicate of that question. 14 MR. TEIN: Are you done? 15 MR. LEOPOLD: I am now. Thank you. 16 BY MR. TEIN: 17 Q. Do you want to try to refresh your memory 18 as to whether you had any conversation with the woman who 19 walked you upstairs in Epstein's house in which you told 20 her that you went to college and had just moved down from 21 Ohio? 22 MR. LEOPOLD: Objection. Object to the 23 form of the question. Lack of foundation and 24 predicate. 25 BY MR. TEIN: Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 60{4316 EFTA00180466 Case 9:08-cv-80804-KAM ent 1 terpdonFLS,DIQocket07/21/2008 Page 61 of 100 nsor Associates etnionins and Transoipti on, Inc Page 35 1 Q• You can answer the question. 2 A. Sure. 3 Q• Is there anything that would refresh your 4 memory that in fact you told Mr. Epstein's assistant, the 5 one who walked you upstairs, that you went to college and 6 you had just moved down here from Ohio? 7 A. I don't remember saying that, but if you 8 I don't remember saying that myself, so 9 Q. That would be a lie, right? 10 A. No. I really don't remember. 11 Q. So you told Jeff that you were 18 years 12 old, correct? 13 A. Yes. 14 Q. Do you remember Detective Michelle Pagan of 15 the Police Department, Palm Beach Police Department? 16 A. Yes. 17 Q. Do you remember you spoke to her? 18 A. Yes. 19 Q. Do you remember that you told Detective 20 Pagan that when you lied about your. age to Jeff you said 21 it really fast because you didn't want to make it sound 22 like you were lying? 23 A. I don't remember the words exactly, but I 24 do remember telling her I told him I was 18. 25 Q. And do you remember telling Detective Pagan Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 61 a 016 EFTA00180467 Case 9:08-cv-80804-KAM 4ggiypent 1 Entered on FLSD Docket 07/21/2008 Page 62 of 100 nsor & Associates Ram-ging and Transceiniaa, Page 36 1 that when you lied to Epstein about your age that you 2 said it really fast so Epstein wouldn't realize you were 3 4 A. No, I don't remember saying those words 5 exactly to her. I remember telling her that I told 6 Epstein I was 18. 7 Q. Does it sound right to you that you told 8 Detective Pagan that you said your age really fast to 9 Epstein -- 10 MS. BELOHLAVEK: Objection. Asked and 11 answered. 12 BY MR. TEIN: 13 Q. -- so he wouldn't think that you were 14 lying? 15 MR. LEOPOLD: Objection. Asked and 16 answered, lack of foundation, mischaracterization 17 of her earlier testimony. She's already answered 18 that question. 19 BY MR. TEIN: 20 Q. You can answer it. 21 MR. LEOPOLD: Same objection. It's been 22 asked and answered. 23 You can answer. I've made the objection. 24 THE WITNESS: I forget the question, now. 25 Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 12 of 11111 EFTA00180468 Case 9:08-cv-80804-KAM Qpgkynent 1 Entered on FLSD Docket 07/21/2008 Page 63 of 100 nsor & Associates Etc porn 6E food irSIUGlip:111O. Page 37 1 BY MR. TEIN: 2 0. Let me put it again. 3 Does it sound right to you that you told 4 Detective Pagan that when you lied about your age to 5 Jeffrey Epstein, you said it really fast because you 6 didn't want to make it sound like you were lying? 7 MR. LEOPOLD: Objection. Lack of 8 foundation, asked and answered. 9 THE WITNESS: I could have possibly said 10 that, yes. 11 BY MR. TEIN: 12 O. You didn't want Mr. Epstein to know that 13 you were lying about your age, right? 14 A. Correct. 15 Q. You didn't want Mr. Epstein to know that 16 you were not 18 yet, right? 17 A. Correct. 18 Q. You wanted Mr. Epstein to believe that you 19 really were 18, right? 20 A. Correct. 21 O. Do you remember when Mr. Epstein asked 22 where you went to school? 23 A. Yes. 24 Q. And you told Mr. Epstein you went to 25 Wellington, right? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 63 of 316 EFTA00180469 Case 9:08-cv-80804-KAM 41 D ent 1 Entered on FLSD Docket 07/21/2008 nsor & Associates Page 64 of 100 Repanang and Transcdpdan, lac Page 38 1 A. Yes. 2 Q. Was that the truth? 3 A. No. 4 Q. In fact, you went to Royal Palm, right? 5 A. Yes. 6 Q. So you lied to Mr. Epstein again, correct? 7 A. Yes. 8 Q. Is Wellington the college that you told 9 Jeff's assistant that you were attending? 10 A. I don't remember having that conversation 11 with her, so I wouldn't know if that's what I said. 12 Q. That was a lie, though, wasn't it? 13 MR. LEOPOLD: Objection to the form of the 14 question, lack of foundation. You're making an 15 assumption. She just answered you she can't tell 16 you that. 17 MR. TEIN: Speaking objection. And you 18 well know that, Mr. Leopold. 19 MR. LEOPOLD: She can't answer that 20 question. The way you phrased that question, 21 you're purposely making her not be honest in her 22 testimony. She can't answer a question like that. 23 She doesn't remember. So then you say, "So you 24 were lying." That's improper and you know that. 25 That's not a proper question. And any attorney Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 64 col 316 EFTA00180470 Case 9:08-cv-80804-KAM D ment 1 Entered on FLSD Docket 07/21/2008 Page 65 of 100 sor & Associates Repartin8 *ad '4.nm:rip:Huh inc. Page 39 1 that would do that to a witnesses or to a person 2 that's sitting in this chair is not acting 3 professionally. You can't ask a question like 4 that. You can do it, but it's not proper. And 5 I'm sure you weren't trained that way, certainly 6 not ethically. 7 MR. TEIN: Will you stop? 8 MR. LEOPOLD: I'm not going to stop, 9 because the way you're asking that question is 10 improper and you know it. 11 MR. TEIN: You're losing your cool. 12 BY MR. TEIN: 13 Q. Ms. 14 MR. LEOPOLD: Trust me. I'm very calm. 15 When I lose my cool, you'll know it. 16 MR. TEIN: I do know it. 17 BY MR. TEIN: 18 Q. Mr. Epstein never asked you Ms. 19 to do anything other than massage him, correct? 20 A. Incorrect; because he asked me to take off 21 my bra, so that would be two things he's asked me to do. 22 Q. Other than asking you to take your bra off, 23 Mr. Epstein never asked you to do anything with him other 24 than massage, correct? 25 MR. LEOPOLD: Objection. Foundation, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 OS of 311I EFTA00180471 Case 9:08-cv-80804-KAM ent 1 EifiteredonFL$Dflocket07/21/2008 Page 66 of 100 nsor & Associates Ropnni An and Transcriptnet, Inc. Page 40 1 predicate. 2 THE WITNESS: Correct. 3 BY MR. TEIN: 4 Q. You told the police, in your words, that 5 you did not whack him off, right? 6 A. Correct. 7 Q. What does that mean? 8 A. Whack, like whacking off? 9 Q. Your term, what does that mean? 10 A. Masturbating. 11 Q. Mr. Epstein never tried at any time to grab 12 you: hand, did he? 13 A. No. 14 Q. Mr. Epstein never tried to put your hand 15 anywhere, did he? 16 A. No. 17 Q. At no time did you touch Mr. Epstein's 18 penis, did you? A. No. 20 Q. And he did not touch you, correct? 21 A. Incorrect. 22 Q. Well, you told the police, "At no time did 23 he touch me." Were you lying to the police then? 24 A. No. Well, I wasn't being fully truthful, 25 but I wasn't lying. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 664:4316 EFTA00180472 Case 9:08-cv-80804-KAM Qppyylient 1 Entered on FLSD Docket 07/21/2008 Page 67 of 100 nsor & Associates 1. Reporting end llamaIntim. Inc. Page 41 1 Q. You told the police twice when you spoke to 2 Michelle Pagan that "at no time did he touch me." Didn't 3 you say that to the police? 4 A. Yeah. 5 Q. And you're saying that that was not fully 6 truthful. Is that what you're saying now? 7 A. Correct. 8 Q. And you're saying if you're not fully 9 trtthful, that's not a lie. Correct? 10 A. You took that out of context like really 11 bac. I didn't mean like that. Touching my legs and 12 he never kept his hands to himself the entire time. 13 That's what I'm trying to say. 14 Q. You told the police, "At no times did he 15 touch me." You agree with that, correct? 16 A. No, I don't agree with that, because he did 17 touch me. 18 Q. Did you tell the police that he did not 19 touch you, yes or no? 20 A. It's a possibility, but I do not remember. 21 Q. Okay. And you did not have any type of sex 22 with Jeff, correct? 23 A. No. 24 Q. And you did not have any type of oral sex 25 with Jeff, correct? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 ST o1616 EFTA00180473 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 68 of 100 nsor & Associates Roponing and Transcripunn. lac Page 42 A. No. 2 Q. No type of intercourse with Jeff, correct? 3 A. Correct. 4 Q. All right. Let's talk about what happened 5 after the massage was over. 6 A. Okay. 7 Q. After the massage, you told Epstein that 8 you wanted to bring your twin sister back so she could 9 make some money, correct? 10 A. Incorrect. 11 Q. Your twin sister is IIIIII right? 12 A. Correct. 13 Q. And you love very much, don't you? 14 A. Yes. 15 Q. And when you left the house you were joking 16 with the other girls, weren't you? 17 A. Incorrect. 18 Q. Well, when Mend the other girl in the 19 car that day made their statements to the police they 20 told the police that you were joking afterwards. Are you i 21 saying that they were lying to the police about that? 22 A. No. But a question or -- questions from 23 like she asked me questions, but it wasn't 24 joking. She was kind of like in a happy way, like, "Oh, 25 what did you do? What did you do?" Like those kind of Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 SI 01310 EFTA00180474 Case 9:08-cv-80804-KAM Do ument 1 Entered on FLSD Docket 07/21/2008 Page 69 of 100 nsor & Associates Roponimp and Transcription, inc. Page 43 things, but it wasn't joking about it at all. 2 Q. You joked about it, didn't you? 3 A. No. 4 Q. You said to that if you did this 5 every weekend you'd be rich, didn't you? 6 A. No. That's what Lold me. 7 Q. You didn't tell that to 8 MR. LEOPOLD: Objection. Asked and 9 answered. 10 THE WITNESS: No. 11 BY MR. TEIN: 12 Q. After you left Epstein's house you took the 13 money and you went shopping with IIIIIIrand the other 14 girl in the car, correct? 15 A. Incorrect. I didn't spend any of the 16 money. 17 Q. You went to Marshall's, didn't you? 18 A. I went along, yes, but I didn't -- 19 Q. You went shopping with them at Marshall's, 20 didn't you? 21 MR. LEOPOLD: Objection. 22 THE WITNESS: I guess you could say that. 23 MR. LEOPOLD: Objection. Lack of predicate 24 and foundation. Mischaracterization of earlier 25 testimony. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 $9 of 318 EFTA00180475 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 70 of 100 nsor & Associates Itoponing sad Tranicriphon. Page 44 1 BY MR. TEIN: 2 Q. And IIIIIIrbought a purse, right? 3 A. Yes. 4 Q. And you were with her the whole time at 5 Marshall's, correct? 6 A. Yes. 7 Q. Now tell me about when the federal 8 prosecutors told you about getting reimbursed. 9 A. I have no idea what you're talking about. 10 0. Tell me about when the federal prosecutors 11 spcke to you about getting money you feel you're entitled 12 to from Mr. Epstein. 13 A. I don't know what you're talking about. 14 Q. Do you know who Marie Villafona is? 15 A. No, sir. 16 Q. Did you ever meet with any federal 17 prosecutors? 18 A. I think -- yeah. I think they were I 19 think they were like FBI. 20 Q. Uh-huh. Did you meet with federal 21 prosecutors? 22 A. They came to my house one time, yes. 23 Q. When did they come to your house? 24 A. Very long ago. 25 Q. Was it this year, 2008? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 70 of 314 EFTA00180476 Case 9:08-cv-80804-KAM ent 1 EnteredonFLSD.Docket07/21/2008 Page 71 of 100 nsor 7 Associates Repnnin8 and Traµeripkinn. Jae. Page 45 1 A. It was not this year, no. 2 Q. Was it 2007? or a 3 A. I'd have to say at least two years ago a 4 year ago, yeah. So it would be 2007, 2006; but it was 5 while ago. ts 6 Q. How many federal prosecutors or FBI agen 7 came to your house? A. I'm trying to remember. I want to say four 8 9 people came. s? 10 Q. Did they give you their business card 11 A. If they did, I don't remember, and they Maybe my parents have them. I don't 12 weren't toward me. 13 know. ers? 14 Q. Did they give you their cell phone numb 15 A. No. 16 Q. Did you ever speak to them on their cell 17 phones? 18 A. No, sir. 19 Q. Did they speak to your parents? 20 A. That's something you'd have to ask my 21 parents. 22 Q. Do you know whether they spoke to your 23 parent's? 24 A. No, sir. 25 Q. You have no idea? Ph. 561.682.0905 - Fax. 561.682.1771 FL 33401 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, 71 of 716 EFTA00180477 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 72 of 100 nsor & Associates koportnis and Transcliption, Inc. Page 46 1 A. No, sir. 2 MR. LEOPOLD: Objection. Asked and 3 answered. 4 BY MR. TEIN: 5 Q. So if I say the name to you Marie 6 Villafona, you don't know who that is? 7 A. No, sir. 8 Q. How many women and how many men came to 9 your house? 10 A. I want to say two ladies and two guys. 11 Q. Did someone named Jeffrey Sloman come to 12 your house? 13 A. I don't know names, sir. 14 Q. Do you know who Jeffrey Sloman is? 15 A. No, sir. 16 Q. Do you know who Jeffrey Herman is? 17 A. Yes. 18 Q. That's the lawyer who first sued Epstein on 19 your behalf, right? 20 A. Yes. 21 Q. Has Mr. Herman advanced your family any 22 money? 23 MR. LEOPOLD: Any conversations that you've 24 had with Mr. Herman regarding that issue, you are 25 not to disclose. If you've learned in some other Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 72 of 316 EFTA00180478 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 73 of 100 Associates nsor &Transcciptinn. RoflartnIS nwd Inc. Page 47 fashion, you may answer. 2 THE WITNESS: Okay. 3 I wouldn't know. 4 BY MR. TEIN: 5 Q. You don't know? 6 A. No. 7 MR. LEOPOLD: Objection. Foundation. 8 Attorney/client privilege. 9 BY MR. TEIN: 10 Q. And you say you don't know who Jeff Sloman 11 is? 12 A. No, sir. 13 Q. Does it refresh your recollection that he's 14 the number two prosecutor at the U.S. Attorney's Office? 15 A. No. 16 Q. That he's Marie Villafona's boss? 17 A. No. 18 Q. Does it refresh your memory that he's the 19 ex-partner of Jeff Herman, the first lawyer who sued 20 you -- sued Mr. Epstein on your behalf for fifty million 21 dollars? 22 A. No, sir. I don't know who he is. 23 Q. Without telling me any conversations that 24 you've had with your lawyers, how is it that you selected 25 Mr. Herman as your lawyer from the 81,000 members of the Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 73 orate EFTA00180479 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 74 of 100 nsor & Associates ReparlillS and 1.71111Gliptill11. Inc. Page 48 1 Florida Bar? 2 A. I did not select him. 3 Q. Who did? 4 A. My father. 5 Q. Did you ever meet Mr. Herman? 6 A. Once. 7 O. Don't -- don't tell me what you discussed 8 with him. Where did you meet him? 9 A. I was shopping in my -- he showed up at my 10 friend's house. 11 Q. Whose house? 12 A. My friend 13 Q. Is that from the Quarterdeck 14 Tavern? 15 A. Yes. 16 Q. And did you have a meeting with him at 17 house? 18 A. Yes. I guess you could say that. 19 Q. And who else was there? 20 A. My Aunts 21 Q. And what was that meeting about? 22 MR. LEOPOLD: Objection. That calls for 23 attorney/client privilege. 24 BY MR. TEIN: 25 Q. What discussions did you have with Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 74 0316 EFTA00180480 Case 9:08-cv-80804-KAM Ltq ent 1 Entered on FLSD Docket 07/21/2008 Page 75 of 100 nsor & Associates Reportinm tend Transctipttno, Inc. Page 49 1 Mr. Herman in the presence of IIIIIIIIIIII. 2 A. None. 3 Q. What discussions did you have in the 4 presence of her aunt? 5 A. Of my aunt? 6 MR. GOLDBERGER: It's the witness's aunt. 7 BY MR. TEIN: 8 Q. Oh, of your aunt. 9 A. The only one that we've ever discussed or 10 ever had. 11 Q. And so you were in a conversation with 12 Mr. Herman and your aunt? 13 A. Yes, sir. 14 Q. And you discussed privileged matters during 15 that conversation? 16 MR. LEOPOLD: Object to the form. I think 17 you might have to educate her on that question. 18 BY MR. TEIN: 19 Q. You discussed the lawsuit? 20 A. Yes. 21 Q. Did NMI tell you about any 22 conversations that she had with Mr. Herman? 23 A. As far as I'm concerned, she's never spoken 24 or she's never had a conversation. She only opened the 25 door and then left. She's the one who answered the door. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 76 o1316 EFTA00180481 Case 9:08-cv-80804-KAM D ent 1 Entered on FLSD Docket 07/21/2008 Page 76 of 100 nsor & Associates Repo:Tins and Transcripook Page 50 1 Q. Why did the meeting take place at 2 IIIIIIIhouse? 3 A. I spent the night that night at her house. 4 Q. And when was this? 5 A. A while ago. 6 Q. How long ago? 7 A. A month and a half ago. I'm guessing. 8 Q. A month and a half ago? 9 A. Uh-huh. 10 Q. So was it before of after Mr. Herman filed 11 the fifty-million-dollar lawsuit against Epstein? 12 A. After. 13 Q. Did you meet with an FBI agent named 14 Nesbitt Kurkendall, a woman? 15 A. I don't know. 16 Q. Did Ms. Kurkendall speak to you about 17 getting reimbursed from Mr. Epstein? 18 A. I've never had a discussion with anyone 19 about getting reimbursed from Mr. Epstein. 20 Q. Have you met with an agent named Jason 21 Richards? 22 A. Not to my knowledge. 23 Q. How about an agent named Tim Slater? 24 A. No, sir. 25 O. How about an agent named Junior Ortiz? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 71of 316 EFTA00180482 Case 9:08-cv-80804-KAM ent 1 Entered on FLSD Docket 07/21/2008 Page 77 of 100 nsor & Associates Ronannit and Transcription. Inc. Page 5] 1 A. No. 2 Q. And we've learned that many of the girls, 3 some of whom are as old as 23, were told by the 4 government that they would get money at the end of the 5 criminal prosecution. Does that sound familiar to you?' 6 A. No, sir. 7 Q. Other than Mr. Leopold here -- I'm not 8 asking about Mr. Herman either 9 A. Uh-huh. 10 Q. -- did anyone ever discuss with you that 11 yot could get reimbursement for your damages? 12 A. No, sir. 13 Q. Did you or any member -- 14 MR. LEOPOLD: Are you referring to a 15 criminal matter or a civil matter? 16 BY MR. TEIN: 17 Q. Did you or any member -- 18 MR. LEOPOLD: Excuse me. Let me object to 19 the form of the question. 20 BY MR. TEIN: 21 Q. Did you or any member of your family ever 22 get a victim notification letter from anyone? 23 A. I no longer live at that residence and I 24 wouldn't know. 25 Q. So your testimony is that you have never Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 77 ofS10 EFTA00180483 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 78 of 100 sor & Associates RopningmtdiummtirimAnc Page 52 1 rimapived a victim notification letter, correct? 2 rect. 3 Q. And your testimony is that you don't know 4 if your parents have ever received a victim notification 5 letter, correct? 6 A. Correct. 7 Q. Have you given any evidence to prosecutors 8 or law enforcement in this case? 9 A. What do you mean by evidence? 10 Q. Well. Anything that you can touch or feel. 11 A. No. 12 MR. LEOPOLD: Objection to the form of the 13 question. 14 BY MR. TEIN: 15 O. So you haven't given anything physical -- 16 A. No. 17 Q. -- any item to any prosecutor, police 18 officer or law enforcement agent, correct? 19 A. My cell phone four years ago or three years 20 ago, but that's it. 21 Q. You gave your cell phone to whom? 22 A. Michelle Pagan. 23 Q. Did she keep it? 24 A. Ask her. 25 Q. You gave it to her and then you didn't get WIN IMP •••••••• ••••••••••••••••••••••• owe...Wei 0••••••••...••• W....MS Ph. 561.682.0905 - Fax. 561.682.1771 7$ e1310 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180484 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 79 of 100 nsor & Associates Repot-tong and Transcriptim,1m. • Page 53 1 it back at the end of the meeting? A. No. They -- yeah. No. They have it. I'm 2 3 guessing. I don't have it. 4 Q. How much money are you hoping to get out of 5 Mr. Epstein? 6 MR. LEOPOLD: Objection to the form of the 7 question. Attorney/client privilege. 8 BY MR. TEIN: 9 Q. How much money are you hoping to get, you, 10 yourself, hoping to get out of Epstein? MR. LEOPOLD: Same. Same objection, 11 12 attorney/client privilege. 13 Don't answer the question. 14 BY MR. TEIN: 15 Q. I'm not asking about what your lawyer told 16 you. 17 MR. LEOPOLD: I'm instructing her not to 18 answer the question, because any of those 19 conversations involve her counsel. 20 MR. TEIN: Certify that. 21 MR. LEOPOLD: Please. 22 CERTIFIED QUESTION 23 BY MR. TEIN: 24 Q. Now, you lied to get out of this 25 deposition, didn't you? Ph. 561.682.0905 - Fax. 561.682.1771 79 ol 315 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180485 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 80 of 100 nsor & Associates Roporting and TramscrIptton, Inc Page 54 1 A. No, sir. 2 Q. You didn't want to come to court today and 3 tell the story that you had told to the police under 4 oath, did you? 5 MR. LEOPOLD: Object to the form of the 6 question. Lack of foundation, predicate. 7 THE WITNESS: No. i have no problem coming 8 here and talking to you. 9 BY MR. TEIN: 10 Q. And to avoid getting served with a lawful 11 subpoena, you lied about your name, didn't you? 12 A. No. 13 Q. And in fact, just lying yourself wasn't 14 enough, was it? 15 MR. LEOPOLD: Objection to the form of the 16 question. 17 Don't answer it. It's not a question. 18 object to the form of the question. Lack 19 of foundation. 70 MR. TEIN: Are you instructing her not to 21 answer? 22 MR. LEOPOLD: I am. 23 MR. TEIN: Certify it. 24 MR. LEOPOLD: Please. 25 Ph. 561.682.0905 - Fax. 561.682.1771 Oa of 31$ 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180486 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 81 of 100 sor & Associates ROIICII1IIIR and .4•1110tiriP31. Inc. Page 55 1 CERTIFIED QUESTION 2 BY MR. TEIN: 3 Q. You asked your co-workers -- 4 MR. LEOPOLD: It's vague and ambiguous. 5 BY MR. TEIN: 6 Q. You asked your co-workers at the 7 Quz.rterdeck Tavern to lie for you, didn't you? 8 A. No. I informed my boss about what was 9 going on and he told me that he would help in any way 10 that he can. 11 Q. Okay. You got your friendillillyto lie 12 by switching name tags with you, correct? 13 A. Incorrect. It was a coincidence that same 14 night she was not wearing her name tag; she was wearing 15 mine. But I was also not wearing -- I was wearing my 16 name tag. Everyone switches name tags. It just so 17 happens it was a coincidence that same night the people 18 came with the papers. 19 MR. TEIN: Will you put up Exhibit 18-001? 20 MR. GOLDBERGER: And mark 18-001 for 21 identification purposes to this deposition. 22 MR. LEOPOLD: None of them have been marked 23 yet. Can we mark them and put them as attachment 24 to the depositions? Because I think you've shown 25 three photos now. And this is the only one that Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 It e1316 EFTA00180487 Case 9:08-cv-80804-KAM 4D ent 1 Entered on FLSD Docket 07/21/2008 Page 82 of 100 sor & Associates Ropnning and Transcription. Inc. Page 56 1 has been marked for identification yet. 2 BY MR. TEIN: 3 -- Q. 4 MR. LEOPOLD: Hold on just a second. Just 5 so the record is clear -- 6 MR. TEIN: I'm not speaking to you. 7 MR. LEOPOLD: Okay. Then don't speak to me 8 then. But I'll speak to Mr. Goldberger, perhaps. 9 But at least for the record, can we put on 10 the record what the previous two photographs were 11 marked for identification? 12 MR. GOLDBERGER: We will make sure that the 13 record is clear at the end of the deposition so 14 that there's no ambiguity. 15 MR. LEOPOLD: Thank you. 16 BY MR. TEIN: 17 Q. Ilia I've put a photograph marked 18-001 18 up on the screen. Do you see that? 19 A. Yup. 20 Q. Who is that in the photo? 21 A. lill'IlLon the left and me on the right. 22 Q. llat right? 23 A. Yes. 24 Q. your friend at the a 25 Quarterdeck Tavern, right? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 III al 314 EFTA00180488 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 83 of 100 4 nsor & Associates Repononm nni Transcriptinet, Inc. Page 57 1 A. Yes. 2 Q. IIIIIIIIIryour friend, who you say the day 3 that the process servers went to serve you with a 4 subpoena for this deposition, just happened -- just by 5 coincidence, was wearing your name tag? 6 A. Yes, sir. 7 Q. And just by coincidence, you were wearing 8 her name tag, correct? 9 A. Yes. 10 Q. Your testimony under oath is that's just a 11 coincidence, right? 12 A. Total honesty. 13 O. It just happens to be the day that you were 14 going to be served with a subpoena, correct? 15 A. That wasn't the first day that -- 16 MR. LEOPOLD: just answer the 17 question. It calls for a yes or no. 18 THE WITNESS: Yes. 19 BY MR. TEIN: 20 Q. You said that wasn't the first day you were 21 going to be -- you thought you were being served with a 22 subpoena, correct? 23 A. Correct. 24 Q. You knew before the day that you switched 25 name tags with that the process servers were Ph. 561.682.0905 - Fax. 561.682.1771 8301310 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180489 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 84 of 100 nsor & Associates Reporunp and Iransocirniac, Inc. Page 58 1 looking for you, didn't you? 2 A. No. I knew -- MR. LEOPOLD: Just answer it. It calls for 3 4 a yes or no. THE WITNESS: Okay. No. 5 6 BY MR. TEIN: 7 Q. Now you can explain the answer that your 8 counsel stopped you from explaining. 9 A. Okay. I work at Quarterdeck and people were telling me that people were looking for me. So yes, 10 I was aware that people were searching for me. But I had 11 no :dee who they were or what their intentions were. But 12 13 I thought they were just people I didn't want to talk to. 14 So I just didn't want to talk to them. And every time they'd come to work I wasn't there. And so happens the 15 16 night that they came in me and my friend switched name 17 tags. No big deal. 18 Q. That's a lie, isn't it? MR. LEOPOLD: Objection. Don't answer that 19 20 question. That's harassment and I will not allow 21 it. He could ask the questions and we'll allow a 22 jury to make that determination, but not counsel. 23 I will not allow her to answer that' 24 question. 25 MR. TEIN: Certify it. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 &I of 31$ EFTA00180490 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 85 of 100 nsor & Associates RI:TOMAS and TraniCrirRion, Page 59 1 MR. LEOPOLD: I'll certify it. 2 CERTIFIED QUESTION 3 She's answered that question. She's explained it five 4 tines already. The fact that Counsel doesn't like the 5 answer, that's a different query. 6 MR. TEIN: Stop making speaking objections. MR. LEOPOLD: I'm not. I'm not going to 7 8 put up with it, because it's in appropriate, Jack, 9 and you know it. I will not allow Counsel to 10 berate a witness, whether it's in a criminal case 11 or a civil case, whether my client or -- 12 MR. TEIN: Calm down. MR. LEOPOLD: Excuse me. 13 No, I'm not going to allow it. That is not 14 15 proper. MR. GOLDBERGER: Okay. 16 17 MR. LEOPOLD: If he wants to say that she's 18 lying after asking it five times and her explaining in great detail, he can do that. But 19 20 I'm not going to allow her to answer, nor be 21 harassed by him. It's improper. MR. GOLDBERGER: Okay. But your response 22 23 that Counsel doesn't like the question -- or 24 doesn't like the answer -- just let me finish. MR. LEOPOLD: Absolutely. I wasn't going 25 Ph. 561,682.0905 - Fax. 561.682.1771 5501015 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180491 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 86 of 100 nsor & Associates Reporting and TranceIption, inc Page 60 1 to interrupt you. 2 MR. GOLDBERGER: Just requires us to say we 3 like the answer to that question. And it's not 4 you and I or you and Mr. Tein who are testifying 5 here. It's the witness. 6 MR. LEOPOLD: Fine. But after the sixth 7 time of asking the same question and then coming 8 back and pointing a finger at her and saying, 9 "You're a liar" -- 10 MR. TEIN: That didn't happen. 11 MR. LEOPOLD: That's fine. But I'm not 12 going to allow her to answer that question, 13 because she's answered that same question and has 14 explained it. 15 Now Counsel might be sitting there rubbing 16 his head with a migraine. That's his problem. 17 But if he can't ask a question appropriately in a 18 professional manner, we will leave. I will not 19 allow her to be berated like that. 20 MR. GOLDBERGER: Actually, we're very happy 21 with the answer. 22 MR. LEOPOLD: That's great. 23 MR. GOLDBERGER: Do you want us to get into 24 that? 25 MR. TEIN: Ted -- Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 34 01311 EFTA00180492 Case 9:08-cv-80804-KAM ument 1 Entered on FLSD Docket 07/21/2008 Page 87 of 100 nsor & Associates Repartins and Transolipum. Page 61 ff that MR. LEOPOLD: This is really big stu 1 ask But that's fine; just you're going through. 2 But do it one time. your question and move on. 3 d it, I'll let you follow If you don't understan 4 same to allow you to ask the up, but I'm not going 5 r. and then call her a lia question time and again 6 get the answer and move to 7 Just ask the question, the next subject matter . 8 Ted, I'm sitting right across MR. TEIN: 9 the table from you. 10 MR. LEOPOLD: Yes, sir. 11 Please be quiet. Don't yell. MR. TEIN: 12 MR. LEOPOLD: I will not be quiet. 13 MR. TEIN: Stop yelling. 14 MR. LEOPOLD: Lewis, when I'm yelling 15 you'll know it. I will not -- 16 MR. TEIN: my name is not Lewis. 17 e was MR. LEOPOLD: I thought your first nam 18 19 Lewis, Mr. Tein. ee days at MR. TEIN: You watched me for thr 20 back where you sat in the the evidentiary hearing 21 You should know who I am. 22 of the courtroom. sion MR. LEOPOLD: Well, that's the impres 23 rtroom. 24 you must have made in the cou I will not be quiet. 25 .1771 Ph. 561.682.0905 - Fax. 561.682 500 - We st Palm Beach, FL 33401 1655 Palm Beach Lakes Blvd., Suite IT or 3i6 EFTA00180493 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page88of100 nsor & Associates Repartiag and Transcription. Page 62 1 MR. TEIN: That's obnoxious. Stop being 2 obnoxious. It's stupid. Let's go ahead with the 3 questions. 4 MR. LEOPOLD: I will make the record. 5 MR. TEIN: Let's get on with the questions. 6 MR. LEOPOLD: Do you need a break? 7 (Thereupon, a recess was taken.) 8 BY MR. TEIN: 9 Q. Okay. after you told your manager 10 at the Quarterdeck Tavern everything that was going on 11 and he told you he would help you any way he could, he 12 hid you in the kitchen from the process servers, correct? 13 A. Incorrect. 14 Q. Isn't it true that lying to avoid service 15 is a meaningless lie to you, 16 A. Incorrect. 17 Q. What is your manager's name? 18 A. I have three. Would you like to know 19 all -- 20 Q. Who's the one who lied for you? 21 A. IIIIIIIIr 22 Q. And what did do to lie for you? 23 A. Said I wasn't there. 24 Q. And who did he tell wasn't there? 25 A. Ask him. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 11101311 EFTA00180494 Case 9:08-cv-80804-KAM Document 1 Entered on FLSD Docket 07/21/2008 Page 89 of 100 * nsor & Associates Roptviinft and Transcription. inc. Page 63 Q. Where were you when this 1 2 someone that you were not at the Quarterdeck Tavern? 3 A. Eating nachos. 4 Q. At the Quarterdeck Tavern? 5 A. Yes. 6 Q. What did you do so that IIIIIIrwould lie to 7 the process servers for you? 8 A. Nothing. 9 Q. You just got him to lie for you, didn't 10 you? 11 A. No. I had no influence on him saying I 12 wasn't there. 13 Q. He took that upon himself? 14 Isn't it true that Mr. Epstein's process 15 servers had to ask the police to get you out of the 16 restaurant so that they could serve you? 17 MR. LEOPOLD: Objection. Lack of 18 foundation, predicate. 19 BY MR. TEIN: 20 Q. You can answer the question. MR. LEOPOLD: If you know. Don't guess. 21 22 THE WITNESS: No. Can you repeat the 23 question? 24 MR. TEIN: Don't coach. 25 MR. LEOPOLD: Don't guess. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 69 of 316 EFTA00180495 Case 9:08-cv-80804-KAM Do ment 1 Entered on FLSD Docket 07/21/2008 Page 90 of 100 • sor & Associates Rooming sad Transcription. Mc Page 64 1 MR. TEIN: That's a coaching. 2 MR. LEOPOLD: No. That's an instruction to 3 the client. 4 MR. TEIN: No. You don't do that. 5 THE WITNESS: Can you repeat the question? 6 MR. LEOPOLD: Let me just state for the 7 record -- 8 BY MR. TEIN: 9 Q. Once the police isn't it true that 10 Mr. Epstein's process servers had to ask the police to 11 get you out of the restaurant so that they could serve 12 you? 13 A. Incorrect. My boss called the police. 14 Q. And once the police showed up, to stop you 15 from lying to avoid service, you made up another lie that 16 the process servers had harassed you. Isn't that 17 correct? 18 A. Incorrect. 19 Q. You lie all the time, don't you? 20 MR. LEOPOLD: Objection. 21 THE WITNESS: Incorrect. 22 BY MR. TEIN: 23 Q. You have a MySpace page, don't you? 24 A. No longer do I have a MySpace page. I 25 deleted it. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 90 of 116 EFTA00180496 Case 9:08-cv-80804-KAM D ment 1 Entered on FLSD Docket 07/21/2008 Page 91 of 100 nsor & Associates Reponms and Tranactipticm, Inc. Page 65 1 Q. When did you delete your MySpace page? 2 A. A couple days ago. 3 Q. Who told you to take your MySpace page down 4 a couple of days ago? 5 A. Nobody. I'm sick and tired of MySpace. 6 Q. You all of a sudden got sick and tired of 7 MySpace and just a few days before this deposition you 8 decided to delete your MySpace page, correct? 9 A. Correct. 10 Q. Is that your testimony under oath? 11 A. Yes. 12 Q. Did you take your MySpace page down because 13 you thought the government might subpoena it? 14 A. Incorrect. 15 Q. Hadn't your MySpace page been up for over 16 three months before you took it down? 17 A. Correct. But I also had made tons of 18 MySpaces over the last years. I just get tired of them 19 and delete them because -- drama -- and make new ones. 20 Q. We're going to talk about that. 21 So you deleted your MySpace page after you 22 were already under subpoena for this deposition, correct? 23 A. Correct. 24 Q. What about the MySpace page didn't you want 25 us to see, Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Sulte 500 - West Palm Beach, FL 33401 41 of 314 EFTA00180497 Case 9:08-cv-80804-KAM cument 1 Entered on FLSD Docket 07/21/2008 Page 92 of 100 sor & Associates Itapnning.antl Transcripzion. Inc. Page 66 1 A. Nothing. ace 2 O. Well, we're going to come back to MySp 3 in a second. 4 A. You do that. Q. going to ask you some questions 5 so often, okay? 6 abort why you lie about your age MR. LEOPOLD: Objection to the form. 7 8 Argumentative. 9 BY MR. TEIN: don't Q. You lie about your age all the time, 10 11 you? MR. LEOPOLD: Objection, argumentative. 12 THE WITNESS: Incorrect. 13 14 BY MR. TEIN: 15 Q. You lie about your age to get body 16 piercings, don't you? A. Incorrect. 17 18 Q. You have body piercings, don't you? A. Yes. 19 that Q. You have four body piercings; isn't 20 21 right? 22 A. Five. Q. Other than the piercings on your ears 23 24 I'm not talking about that -- 25 A. Oh, then no; just one. Ph. 561.682.0905 - Fax. 561.682.1771 Palm Beach, FL 33401 1655 Palm Beach Lakes Blvd., Suite 500 - West 12 01 316 EFTA00180498 Case 9:08-cv-80804-KAM DQppJpent 1 Entered on FLSD Docket 07/21/2008 Page 93 of 100 nsor & Associates Rationing and Tratucliptiok Jae Page 67 1 Q. And where is the one body piercing? 2 A. Belly. 3 Q. When did you get that? 4 A. For my birthday, with my stepmother and my 5 father. 6 Q. And when was that? 7 A. When I was 14. 8 Q. Okay. So you had that body piercing when 9 you met Epstein, correct? 10 A. It might have been, or maybe that -- yeah, 11 either my 14th birthday or my 15th. I honestly don't 12 remember. 13 Q. Now you've lied about your age to get into 14 bars by using driver's licenses that aren't yours, 15 correct? 16 A. Incorrect. 17 Q. Are you swearing under oath that you've 18 never done that? 19 A. Yes, I swear under oath. 20 Q. And you've lied about your age to buy beer, 21 correct? 22 A. Incorrect. 23 Q. You're swearing under oath that you've 24 never lied to stores about your age? 25 A. I've never lied to a store about my age or Ph. 561.682.0905 - Fax. 561.682.1771 1655 Paim Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 97 al 716 EFTA00180499 Case 9:08-cv-80804-KAM D ment 1 Entered on FLSD Docket 07/21/2008 Page 94 of 100 nsor & Associates Ropncting And Transcription. Inc. Page 68 1 anything. 2 Q. You try to look much older than you are, 3 don't you? 4 A. Incorrect. 5 Q. And you've lied about your age on your 6 MySpace pages, don't you? 7 A. Incorrect. 8 Q. All right. Let's look at Exhibit 26-01 9 one. 10 MS. BELOHLAVEK: 26-001? 11 MR. TEIN: Yes. 12 BY MR. TEIN: 13 Q. On this page you lied to everyone that you 14 were 18, didn't you? 15 A. Correct. 16 Q. Let's go to Exhibit 33. 17 MS. BELONLAVEK: That's 33-001? 18 TEIN: Correct. 19 BY MR. TEIN: 20 O. On this page you lied to everyone that you 21 were 19, didn't you? 22 A. Incorrect. 23 MR. LEOPOLD: Just answer the question. 24 THE WITNESS: Oh, incorrect. 25 BY MR. TEIN: Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 EFTA00180500 Case 9:08-cv-80804-KAM D ument 1 Entered on FLSD Docket 07/21/2008 Page 95 of 100 nsor & Associates Itcporthip and Transcription, Inc, Page 69 1 Q. Now you can explain your answer. 2 A. I know that I have seen all of these and I 3 know that this one is mine. 4 Can you go down? 5 MR. LEOPOLD: Just for the record, you're 6 pointing to the photo. 7 THE WITNESS: I'm pointing to -- 8 BY MR. TEIN: 9 Q. You're pointing to the one where it says 10 your age is 18? 11 A. Correct. 12 Q. That's yours, right? 13 A. Correct. That's mine from a couple years 14 ago that I have not been on, because I don't use that. 15 Please keep going down, please. And I think that's it, 16 because there's no one -- just that one is mine. 17 Q. So the one you pointed to where it says 18 your age is 18, that's yours, correct? 19 A. Correct. 20 Q. And when you wrote 18 as your age on your 21 MySpace page, that was a lie, wasn't it? 22 A. Correct. 23 Q. Did you lie about your MySpace page back 24 then because you couldn't post on MySpace unless you were 25 18? • Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 of 310 EFTA00180501 Case 9:08-cv-80804-KAM Doc ment 1 Entered on FLSD Docket 07/21/2008 Page96of100 r nsor & Associates Horn-mina and Tranactiptinn, Inc. Page 70 1 A. Correct. There was a rule many years ago 2 that you had to be 18 to have a MySpace. 3 Q. So you lied about your age so you could 4 post on MySpace, right? 5 A. Yes. 6 Q. Let's go back to the top one on this page, 7 33-01. 8 Are you testifying now under oath that this 9 MySpace page where the headline says, "Twins do have more 10 fun," and the location is given as Lox, abbreviation for 11 Loxahatchee, and the age is 19, and it says 12 IIIIIIIIIIppis it your testimony that you did not post 13 that? 14 A. Correct. 15 Q• Now let's go back to the one that you were 16 pointing to before on this page, where it says your age 17 is 18 and you lied about your age to post MySpace, okay? 18 A. Uh-huh, yes. 19 Q. All right. Why did you finally put your 20 tree age on your MySpace profile four days before you 21 were scheduled to testify before the Grand Jury? 22 A. I don't know what you're talking about. 23 MR. LEOPOLD: If you don't understand, ask 24 him to ask the question again. 25 MR. TEIN: Don't coach. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 OS el 316 EFTA00180502 Case 9:08-cv-80804-KAM ik D ent 1 Entered on FLSD Docket 07/21/2008 nsor & Associates Page 97 of 100 Reporting and Transulpeirxn, Inc. Page 71 THE WITNESS: I don't know which MySpace 2 you're talking about. 3 BY MR. TEIN: 4 Q. The MySpace page that you're just pointing 5 to, where it says you were 18. 6 A. Yes. 7 Q. And you were lying about your age, right? 8 A. Uh-huh. 9 Q. Why did you finally post your true age on 10 your MySpace profile -- 11 A. Oh -- 12 Q. -- four days before you were scheduled to 13 testify before the Grand Jury? 14 A. I honestly don't know which MySpace, 15 because I've had like a bazillion MySpaces, and in that 16 year, I had two, that one and another one, and that one's 17 been deleted. So I don't know which one you're referring 18 to. 19 Q. You remember that you changed your age on 20 your MySpace page from 18 to your true age just four days 21 before you went and testified in the Grand Jury? 22 A. No. 23 Q. You don't remember that. 24 A. No. 25 Q. Do you remember Detective Recarey? Did you Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 97 of 316 EFTA00180503 Case 9:08-cv-80804-KAM D u ent 1 Entered on FLSD Docket 07/21/2008 Page 98 of 100 on5or & Associates Reponinn and Transtri on en. Inc. Page 72 1 ever meet a Detective Recatey? 2 A. I don't know the names. Q• How many different detectives have you met 4 with on this case from Palm Beach? 5 A. Probably a good six or seven, maybe. 6 Q. Did one of the detectives tell you before 7 you testified in the Grand Jury that you should take your 8 MySpace age and put your true age? 9 A. No. 10 Q. Didn't Detective Recarey have to come to 11 your house to pick you up to get you to testify in front 12 of the Grand Jury? 13 A. Possibly; maybe because I didn't have a 14 ride; I was only 14 or 15 at the time. 15 Q. Your mom didn't drive you? 16 A. No. 17 Q. Stepmom didn't drive you? 18 A. I think my dad. Oh, my dad; my dad drove 19 me. 20 Q. Your dad drove you? 21 A. Yes, sir. 22 Q. So your testimony is Detective Recarey did 23 not drive you, correct? 24 MR. LEOPOLD: Objection. /asked and 25 answered. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 9101311 EFTA00180504 Case 9:08-cv-80804-KAM D ;pent 1 Entered on FLSD Docket 07/21/2008 Page 99 of 100 nsor & Associates Reporting and Ttaniddplien. Page 73 1 THE WITNESS: No. I'm pretty sure my dad 2 drove me, because he was there with me. 3 BY MR. TEIN: 4 Q. Did any detective tell you to change your 5 age on your MySpace page, to put your true age? 6 A. No, sir. 7 Q. Now you also lied on your MySpace page 8 about your income, didn't you? 9 A. Yes. 10 Q. And you lied, saying that you made a 11 quarter million dollars a year and higher, correct? 12 A. As a joke, yes. 13 Q. That was a lie, wasn't it? 14 A. Yes. 15 Q. And you also lied on your MySpace page, 16 saying that you were married, didn't you? 17 A. Possibly. And that might have been an 18 error on my part. 19 Q. Now you also lie to the police, don't you? 20 A. No. 21 Q. Well, you lied to the police in your 22 tape-recorded statement that you gave to Detective 23 Michelle Pagan three years ago, didn't you? 24 A. To my knowledge, no, I did not. 25 Q. Well, you lied to the police when you Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 »04 315 EFTA00180505 Case 9:08-cv-80804-KAM D 1 Entered on FLSD Docket 07/21/2008 Page 100of100 sor & Associates Iiii lentl homey dp And Transcription. Inc. Page 74 1 accused Mr. Epstein of attempting to murder your father, 2 didn't you? 3 A. No. I never heard a statement saying that 4 Mr. Epstein tried to murder my father. 5 Q. You made that statement, didn't you? 6 MR. LEOPOLD: Do you have a statement to 7 show her? That's been asked and answered. 8 MR. TEIN: I'm sorry. I didn't hear the 9 witness' answer, Mr. Leopold. 10 BY MR. TEIN: 11 Q. gip you told the police, didn't you, 12 that Mr. Epstein almost killed your father, didn't you? 13 A. No. 14 Q. Three years ago, before Mr. Epstein even 15 knew about this investigation, you told the police that 16 Epstein had "already come to my dad's house and did 17 something to my dad's tires and my dad almost died. I 18 didn't want my dad to get hurt, because Jeff already 19 almost killed him." 20 Didn't you say that? 21 A. Not to my knowledge or recollection. I 22 have never said anything like that. 23 Q. That would have been a complete lie, 24 wouLdn't it have been? 25 A. Yeah. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 100 et 316 EFTA00180506